Waiver of Requirements Under Sections 101(a) and 102(a) of the Marine Mammal Protection Act (MMPA) for the Mid-Barataria Sediment Diversion, the Mid-Breton Sound Sediment Diversion, and Calcasieu Ship Channel Salinity Control Measures Projects, 12338-12340 [2018-05652]
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12338
Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices
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Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in connection with these
preliminary results within five days of
publication of this notice.3 Interested
parties may submit case briefs within 30
days of publication of these preliminary
results and rebuttal briefs no later than
five days after the deadline for filing
case briefs.4 Rebuttal briefs must be
limited to issues raised in the case
briefs.5 Parties who submit case or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and, (3) a table of
authorities.6 Pursuant to 19 CFR
351.310(c), interested parties who wish
to request a hearing must do so within
30 days of publication of these
preliminary results by submitting a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. Requests should contain the
party’s name, address, and telephone
number; the number of participants; and
a list of the issues to be discussed. If a
request for a hearing is made, we will
inform parties of the scheduled date for
the hearing which will be held at the
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless the deadline is extended
pursuant to 19 CFR 351.214(h)(i)(2),
Commerce will issue the final results of
this expedited review, including the
results of its analysis of issues raised in
any written briefs, within 90 days after
the date of publication of these
preliminary results.
Cash Deposit Instructions
Pursuant to section 19 CFR
351.214(k)(3)(iii), the final results of this
expedited review will not be the basis
for the assessment of countervailing
duties. Upon issuing the final results,
Commerce intends to instruct Customs
and Border Protection to collect cash
deposits of estimated countervailing
duties for the companies subject to this
expedited review, at the rates shown
above, on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
3 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and (d)(1).
5 See 19 CFR 351.309(d)(2).
6 See 19 CFR 351.309(c)(2) and (d)(2).
4 See
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results of this expedited review. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice. Pursuant to 19 CFR
351.214(k)(3)(iv), however, if TG Tools
has a final estimated net subsidy rate
that is zero or de minimis, it will be
excluded from the order.
This determination is issued and
published pursuant to sections 751(a)(1)
and 777(i) of the Act and 19 CFR
351.214(h) and (k).
Dated: March 15, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Application of the CVD Law to Imports
from China
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion
[FR Doc. 2018–05709 Filed 3–20–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG090
Waiver of Requirements Under
Sections 101(a) and 102(a) of the
Marine Mammal Protection Act (MMPA)
for the Mid-Barataria Sediment
Diversion, the Mid-Breton Sound
Sediment Diversion, and Calcasieu
Ship Channel Salinity Control
Measures Projects
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of a waiver.
AGENCY:
On February 9, 2018,
Congress passed the Bipartisan Budget
Act of 2018 (Budget Act), which
included a requirement that the
Secretary of Commerce, as delegated to
the Assistant Administrator of the
National Marine Fisheries Service
(NMFS), issue a waiver of the Marine
Mammal Protection Act (MMPA)
moratorium and prohibitions for the
SUMMARY:
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Mid-Barataria Sediment Diversion, MidBreton Sound Sediment Diversion, and
the Calcasieu Ship Channel Salinity
Control Measures projects, as selected in
the Louisiana Comprehensive Master
Plan for a Sustainable Coast. NMFS has
issued the waiver.
DATES: The waiver was issued on March
15, 2018.
FOR FURTHER INFORMATION CONTACT: Jolie
Harrison, Office of Protected Resources,
NMFS, (301) 427–8401. The waiver and
supporting documents may be obtained
online at https://
www.fisheries.noaa.gov/action/marinemammal-protection-act-waiver-selectlouisiana-coastal-master-plan-projects.
In case of problems accessing these
documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a) of the MMPA (16
U.S.C. 1361 et seq.) establishes a
moratorium on the taking and
importation of marine mammals, along
with exceptions to the moratorium.
Section 102(a) of the MMPA prohibits,
among other things, the taking of marine
mammals and includes further
exceptions to the prohibitions in certain
circumstances. The MMPA defines the
term ‘‘take’’ to mean to harass, hunt,
capture, or kill, or attempt to harass,
hunt, capture, or kill any marine
mammal. Section 101(a)(3)(A) allows
the Secretary of Commerce, as delegated
to NMFS, to waive the requirements of
section 101 and allow the taking of
marine mammals under sections 101(a)
and 102(a), provided consultation with
the Marine Mammal Commission occurs
and certain determinations are made.
On February 9, 2018, the Budget Act
(Pub. L. 115–123) was enacted by
Congress. Section 20201 in title II of the
Budget Act directs the Secretary of
Commerce to, within 120 days of
enactment, issue a waiver pursuant to
section 20201 and section 101(a)(3) of
the MMPA for three projects included in
the 2017 Louisiana Comprehensive
Master Plan for a Sustainable Coast.
Specifically, in Congress’ recognition of
their consistency with the findings and
policy declarations in section 2(6) of the
MMPA, the Budget Act directs the
Secretary to issue a waiver for the MidBarataria Sediment Diversion, the MidBreton Sound Sediment Diversion, and
the Calcasieu Ship Channel Salinity
Control Measures projects from the
requirements of sections 101(a) and
102(a) of the MMPA for the duration of
the construction, operation, and
maintenance of the projects. The Budget
Act further indicates that no
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Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices
rulemaking, permit, determination, or
other condition or limitation shall be
required when issuing the waiver.
Although section 101(a)(3)(A) of the
MMPA requires the agency to make
certain findings and determinations and
follow certain procedures when issuing
a waiver, Congress removed NMFS’s
discretion under section 101(a)(3)(A) to
make those findings and determinations
and to follow those procedures to
determine whether waiver of the take
moratorium is warranted.
Section 20201 of the Budget Act
further indicates that, upon the issuance
of the waiver, the State of Louisiana
(State) shall, in consultation with the
Secretary of Commerce: (1) To the
extent practicable and consistent with
the purposes of the projects, minimize
impacts on marine mammal species and
population stocks, and (2) Monitor and
evaluate the impacts of the projects on
such species and population stocks.
sradovich on DSK3GMQ082PROD with NOTICES
Description of the Action
On March 15, 2018, NMFS issued the
waiver from the requirements of the
MMPA section 101(a) moratorium and
section 102 prohibitions for take caused
by the Mid-Barataria Sediment
Diversion, Mid-Breton Sound Sediment
Diversion and Calcasieu Ship Channel
Salinity Control Measures projects, as
identified in the 2017 Louisiana
Comprehensive Master Plan for a
Sustainable Coast, as required by the
Budget Act. The waiver applies to take
caused by construction, operation, and
maintenance and remains in effect for
the duration of these activities for the
three projects. Take that is not caused
by the construction, operation, and
maintenance of the projects is not
covered by the waiver.
Prior to issuing the waiver, NMFS
consulted with the Marine Mammal
Commission (Commission) on issuance
of the waiver, as required under section
101(a)(3)(A) of the MMPA. On March
12, 2018, the Commission provided the
following comments and
recommendations (the Commission’s
letter can be found at https://
www.fisheries.noaa.gov/action/marinemammal-protection-act-waiver-selectlouisiana-coastal-master-plan-projects).
Comments and Responses
Comment 1: The Commission notes
Section 20201 of the Budget Act
includes a finding that the three
identified projects are consistent with
the findings and policy declarations in
section 2(6) of the MMPA. They note,
however, that it is unclear if the projects
are consistent with other stated
purposes and policies of the MMPA,
including maintaining marine mammal
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species and stocks at optimum
sustainable population levels and
ensuring that species and stocks do not
diminish to the point where they cease
to be significant functioning elements in
the ecosystems of which they are a part.
NMFS Response: NMFS has no
comment regarding Congress’
interpretation of the consistency of
these projects with different sections of
the MMPA.
Comment 2: The Commission
recommends that the waiver indicate
waiver recipients.
NMFS Response: Congress did not
identify specific recipients who should
be covered by the waiver. Rather,
Congress directed that the waiver
should cover all persons (as defined
under the MMPA) who will engage in
the activities of constructing, operating,
and maintaining the three named
diversion projects. Therefore, unlike
issuance of a typical permit,
authorization, or waiver under the
MMPA, this waiver applies to any
individual or entity that causes the take
of marine mammals during
construction, operation, or maintenance
of the three projects. In fact, it would
not be possible for NMFS to identify all
individuals and entities who will
engage in these activities, especially for
projects in the early planning stages or
for long-term maintenance.
Comment 3: The Commission
recommends that NMFS seek agreement
with the State or otherwise clarify that
the requirements of section 20201(b) are
ongoing responsibilities with
consultations between the State and
NMFS continuing as needed throughout
all construction, operations, and
maintenance activities.
NMFS Response: NMFS agrees
consultation regarding impact
minimization, monitoring, and
evaluation should be ongoing as each
project develops through design and
engineering, construction, operation,
and maintenance phases. It is ultimately
the State’s responsibility to engage in
consultation with NMFS and, upon
doing so, NMFS will work with the
State to develop clear consultation
expectations in accordance with the
intent of the Budget Act. NMFS
anticipates the State will utilize existing
environmental review processes (e.g.,
National Environmental Policy Act
(NEPA)), where available, to both begin
consultation and develop an approach
for ongoing consultation through the
various phases for each project.
Comment 4: The Commission
recommends that consultations between
NMFS and the State begin immediately
to review ongoing monitoring programs
and update and expand them, as
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12339
necessary, to ensure that essential
baseline information is available before
construction begins. Further, the
Commission encourages NMFS to seek
the advice of appropriate outside
experts in helping to design effective
monitoring programs.
NMFS Response: For the MidBarataria Sediment Diversion, NMFS is
a cooperating agency on the project’s
Environmental Impact Statement (EIS)
under NEPA and a member of the
Louisiana Trustees. Through these roles,
NMFS has been and will continue to
evaluate impacts of the project on
marine mammals and continue to work
with the State on marine mammal
monitoring. For example, NMFS, in
cooperation with the State’s Coastal
Protection and Restoration Authority
(CPRA), has developed a marine
mammal science plan which includes
the collection of baseline data on
Barataria Bay dolphins through tagging,
health assessments, and modeling. This
plan was developed with internal and
external marine mammal experts, as
recommended by the Commission, who
led efforts to collect data on Barataria
Bay dolphins after the Deepwater
Horizon oil spill (e.g., Smith et al., 2017,
Well et al., 2017). Phase I of the science
plan is partially complete and NMFS is
in discussion with the CPRA on funding
for Phase II. For all projects, NMFS
intends to continue working with
external marine mammal experts to
inform development and
implementation of a comprehensive
marine mammal monitoring plan as part
of the State’s consultation requirement.
Minimizing and Monitoring Impacts on
Marine Mammals
As described above, the Budget Act
requires the State, in consultation with
the Secretary, to minimize, monitor, and
evaluate impacts on marine mammals
from the projects included in the
waiver. We note here, as recommended
by the Commission (see above), that by
necessity the consultation will need to
be ongoing to appropriately address the
evolving project planning and design for
the construction, operation, and
maintenance phases of these three
projects.
Currently, for the Mid-Barataria
Sediment Diversion, the State and the
U.S. Army Corps of Engineers are
coordinating closely with NMFS to
ensure compliance under multiple
statutes other than the MMPA (e.g.,
NEPA and the Clean Water Act), and
further coordinating in consideration of
the Mid-Barataria Sediment Diversion
pursuant to the Deepwater Horizon
restoration planning efforts. These
statutes and processes include various
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Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices
requirements to assess, minimize, and/
or monitor impacts to different
resources, including marine mammals.
While the State has coordinated most
closely with NMFS on the Mid-Barataria
Sediment Diversion to date, it is likely
the other two projects covered under the
waiver will be similarly coordinated
with NMFS to some degree due to the
NEPA processes and permitting
requirements under other Federal
statutes. We believe that in many cases
other statutes and processes will
provide the State efficient frameworks
within which to conduct the required
consultation with NMFS, and we will
support the State in integrating Budget
Act compliance into these processes,
discussions, and timelines, as needed.
Regardless, NMFS is prepared to
support the State in identifying and
developing practicable measures to
minimize and monitor impacts of the
covered projects on marine mammals.
Authority: 16 U.S.C. 1361 et seq.
Dated: March 15, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–05652 Filed 3–20–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE201
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Final Strategic
Restoration Plan and Environmental
Assessment #3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability.
AGENCY:
In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act
(NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP), the
Deepwater Horizon Federal and State
natural resource trustee agencies for the
Louisiana Trustee Implementation
Group (LA TIG) have prepared the Final
Strategic Restoration Plan and
Environmental Assessment #3:
Restoration of Wetlands, Coastal, and
Nearshore Habitats in the Barataria
Basin, Louisiana (SRP/EA). The Final
SRP/EA identifies and, in conjunction
with the associated Finding of No
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SUMMARY:
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18:34 Mar 20, 2018
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Significant Impact (FONSI), selects a
restoration strategy that will help
prioritize future decisions regarding
project selection and funding. Rather
than selecting specific projects for
construction, the Trustees evaluated a
suite of restoration techniques and
approaches, for example large-scale
diversions or marsh creation, to
determine how to best support restoring
ecosystem-level injuries in the Gulf of
Mexico through restoration in the
Barataria Basin. This strategic approach
to restoration will allow the Trustees to
prioritize projects for further evaluation
by the LA TIG. The purpose of this
notice is to inform the public of the
availability of the Final SRP/EA and
FONSI.
ADDRESSES: Obtaining Documents: You
may download the Final SRP/EA and
FONSI at: https://www.gulfspill
restoration.noaa.gov and https://www.ladwh.com. Alternatively, you may
request a CD of the Final SRP/EA and
FONSI (see FOR FURTHER INFORMATION
CONTACT). In addition, you may view the
document at any of the public facilities
listed at https://www.gulfspill
restoration.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
• National Oceanic and Atmospheric
Administration—Mel Landry,
gulfspill.restoration@noaa.gov, (301)
427–8711.
• Louisiana—Joann Hicks,
LATIGPublicComments@la.gov, (225)
342–7308.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile
offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP in the Macondo prospect
(Mississippi Canyon 252–MC252),
exploded, caught fire, and subsequently
sank in the Gulf of Mexico, resulting in
an unprecedented volume of oil and
other discharges from the rig and from
the wellhead on the seabed. The
Deepwater Horizon oil spill is the
largest maritime oil spill in United
States history, discharging millions of
barrels of oil over a period of 87 days.
In addition, well over one million
gallons of dispersants were applied to
the waters of the spill area in an attempt
to disperse the spilled oil. An
undetermined amount of natural gas
also was released to the environment as
a result of the spill.
The Deepwater Horizon Federal and
State natural resource trustees (DWH
Trustees) conducted the NRDA for the
Deepwater Horizon oil spill under the
Oil Pollution Act of 1990 (OPA; 33
U.S.C. 2701 et seq.). Pursuant to OPA,
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Fmt 4703
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Federal and State agencies act as
trustees on behalf of the public to assess
natural resource injuries and losses and
to determine the actions required to
compensate the public for those injuries
and losses. OPA further instructs the
designated trustees to develop and
implement a plan for the restoration,
rehabilitation, replacement, or
acquisition of the equivalent of the
injured natural resources under their
trusteeship, including the loss of use
and services from those resources from
the time of injury until the time of
restoration to baseline (the resource
quality and conditions that would exist
if the spill had not occurred) is
complete.
The DWH Trustees are:
• U.S. Department of the Interior, as
represented by the National Park
Service, U.S. Fish and Wildlife Service,
and Bureau of Land Management;
• National Oceanic and Atmospheric
Administration, on behalf of the U.S.
Department of Commerce;
• U.S. Department of Agriculture;
• U.S. Environmental Protection
Agency;
• State of Louisiana Coastal
Protection and Restoration Authority,
Oil Spill Coordinator’s Office,
Department of Environmental Quality,
Department of Wildlife and Fisheries,
and Department of Natural Resources;
• State of Mississippi Department of
Environmental Quality;
• State of Alabama Department of
Conservation and Natural Resources and
Geological Survey of Alabama;
• State of Florida Department of
Environmental Protection and Fish and
Wildlife Conservation Commission; and
• For the State of Texas, Texas Parks
and Wildlife Department, Texas General
Land Office, and Texas Commission on
Environmental Quality.
On April 4, 2016, the DWH Trustees
reached and finalized a settlement of
their natural resource damages claims
with BP in a Consent Decree approved
by the U.S. District Court for the Eastern
District of Louisiana. Pursuant to that
Consent Decree, restoration projects in
the Louisiana Restoration Area are now
chosen and managed by the LA TIG.
The LA TIG is comprised of the
following DWH Trustees:
• State of Louisiana Coastal
Protection and Restoration Authority
(CPRA);
• Louisiana Oil Spill Coordinator’s
Office (LOSCO);
• Louisiana Department of
Environmental Quality (LDEQ);
• Louisiana Department of Wildlife
and Fisheries (LDWF);
• Louisiana Department of Natural
Resources (LDNR);
E:\FR\FM\21MRN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12338-12340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05652]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG090
Waiver of Requirements Under Sections 101(a) and 102(a) of the
Marine Mammal Protection Act (MMPA) for the Mid-Barataria Sediment
Diversion, the Mid-Breton Sound Sediment Diversion, and Calcasieu Ship
Channel Salinity Control Measures Projects
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of a waiver.
-----------------------------------------------------------------------
SUMMARY: On February 9, 2018, Congress passed the Bipartisan Budget Act
of 2018 (Budget Act), which included a requirement that the Secretary
of Commerce, as delegated to the Assistant Administrator of the
National Marine Fisheries Service (NMFS), issue a waiver of the Marine
Mammal Protection Act (MMPA) moratorium and prohibitions for the Mid-
Barataria Sediment Diversion, Mid-Breton Sound Sediment Diversion, and
the Calcasieu Ship Channel Salinity Control Measures projects, as
selected in the Louisiana Comprehensive Master Plan for a Sustainable
Coast. NMFS has issued the waiver.
DATES: The waiver was issued on March 15, 2018.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 427-8401. The waiver and supporting documents
may be obtained online at https://www.fisheries.noaa.gov/action/marine-mammal-protection-act-waiver-select-louisiana-coastal-master-plan-projects. In case of problems accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a) of the MMPA (16 U.S.C. 1361 et seq.) establishes a
moratorium on the taking and importation of marine mammals, along with
exceptions to the moratorium. Section 102(a) of the MMPA prohibits,
among other things, the taking of marine mammals and includes further
exceptions to the prohibitions in certain circumstances. The MMPA
defines the term ``take'' to mean to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill any marine mammal. Section
101(a)(3)(A) allows the Secretary of Commerce, as delegated to NMFS, to
waive the requirements of section 101 and allow the taking of marine
mammals under sections 101(a) and 102(a), provided consultation with
the Marine Mammal Commission occurs and certain determinations are
made.
On February 9, 2018, the Budget Act (Pub. L. 115-123) was enacted
by Congress. Section 20201 in title II of the Budget Act directs the
Secretary of Commerce to, within 120 days of enactment, issue a waiver
pursuant to section 20201 and section 101(a)(3) of the MMPA for three
projects included in the 2017 Louisiana Comprehensive Master Plan for a
Sustainable Coast. Specifically, in Congress' recognition of their
consistency with the findings and policy declarations in section 2(6)
of the MMPA, the Budget Act directs the Secretary to issue a waiver for
the Mid-Barataria Sediment Diversion, the Mid-Breton Sound Sediment
Diversion, and the Calcasieu Ship Channel Salinity Control Measures
projects from the requirements of sections 101(a) and 102(a) of the
MMPA for the duration of the construction, operation, and maintenance
of the projects. The Budget Act further indicates that no
[[Page 12339]]
rulemaking, permit, determination, or other condition or limitation
shall be required when issuing the waiver. Although section
101(a)(3)(A) of the MMPA requires the agency to make certain findings
and determinations and follow certain procedures when issuing a waiver,
Congress removed NMFS's discretion under section 101(a)(3)(A) to make
those findings and determinations and to follow those procedures to
determine whether waiver of the take moratorium is warranted.
Section 20201 of the Budget Act further indicates that, upon the
issuance of the waiver, the State of Louisiana (State) shall, in
consultation with the Secretary of Commerce: (1) To the extent
practicable and consistent with the purposes of the projects, minimize
impacts on marine mammal species and population stocks, and (2) Monitor
and evaluate the impacts of the projects on such species and population
stocks.
Description of the Action
On March 15, 2018, NMFS issued the waiver from the requirements of
the MMPA section 101(a) moratorium and section 102 prohibitions for
take caused by the Mid-Barataria Sediment Diversion, Mid-Breton Sound
Sediment Diversion and Calcasieu Ship Channel Salinity Control Measures
projects, as identified in the 2017 Louisiana Comprehensive Master Plan
for a Sustainable Coast, as required by the Budget Act. The waiver
applies to take caused by construction, operation, and maintenance and
remains in effect for the duration of these activities for the three
projects. Take that is not caused by the construction, operation, and
maintenance of the projects is not covered by the waiver.
Prior to issuing the waiver, NMFS consulted with the Marine Mammal
Commission (Commission) on issuance of the waiver, as required under
section 101(a)(3)(A) of the MMPA. On March 12, 2018, the Commission
provided the following comments and recommendations (the Commission's
letter can be found at https://www.fisheries.noaa.gov/action/marine-mammal-protection-act-waiver-select-louisiana-coastal-master-plan-projects).
Comments and Responses
Comment 1: The Commission notes Section 20201 of the Budget Act
includes a finding that the three identified projects are consistent
with the findings and policy declarations in section 2(6) of the MMPA.
They note, however, that it is unclear if the projects are consistent
with other stated purposes and policies of the MMPA, including
maintaining marine mammal species and stocks at optimum sustainable
population levels and ensuring that species and stocks do not diminish
to the point where they cease to be significant functioning elements in
the ecosystems of which they are a part.
NMFS Response: NMFS has no comment regarding Congress'
interpretation of the consistency of these projects with different
sections of the MMPA.
Comment 2: The Commission recommends that the waiver indicate
waiver recipients.
NMFS Response: Congress did not identify specific recipients who
should be covered by the waiver. Rather, Congress directed that the
waiver should cover all persons (as defined under the MMPA) who will
engage in the activities of constructing, operating, and maintaining
the three named diversion projects. Therefore, unlike issuance of a
typical permit, authorization, or waiver under the MMPA, this waiver
applies to any individual or entity that causes the take of marine
mammals during construction, operation, or maintenance of the three
projects. In fact, it would not be possible for NMFS to identify all
individuals and entities who will engage in these activities,
especially for projects in the early planning stages or for long-term
maintenance.
Comment 3: The Commission recommends that NMFS seek agreement with
the State or otherwise clarify that the requirements of section
20201(b) are ongoing responsibilities with consultations between the
State and NMFS continuing as needed throughout all construction,
operations, and maintenance activities.
NMFS Response: NMFS agrees consultation regarding impact
minimization, monitoring, and evaluation should be ongoing as each
project develops through design and engineering, construction,
operation, and maintenance phases. It is ultimately the State's
responsibility to engage in consultation with NMFS and, upon doing so,
NMFS will work with the State to develop clear consultation
expectations in accordance with the intent of the Budget Act. NMFS
anticipates the State will utilize existing environmental review
processes (e.g., National Environmental Policy Act (NEPA)), where
available, to both begin consultation and develop an approach for
ongoing consultation through the various phases for each project.
Comment 4: The Commission recommends that consultations between
NMFS and the State begin immediately to review ongoing monitoring
programs and update and expand them, as necessary, to ensure that
essential baseline information is available before construction begins.
Further, the Commission encourages NMFS to seek the advice of
appropriate outside experts in helping to design effective monitoring
programs.
NMFS Response: For the Mid-Barataria Sediment Diversion, NMFS is a
cooperating agency on the project's Environmental Impact Statement
(EIS) under NEPA and a member of the Louisiana Trustees. Through these
roles, NMFS has been and will continue to evaluate impacts of the
project on marine mammals and continue to work with the State on marine
mammal monitoring. For example, NMFS, in cooperation with the State's
Coastal Protection and Restoration Authority (CPRA), has developed a
marine mammal science plan which includes the collection of baseline
data on Barataria Bay dolphins through tagging, health assessments, and
modeling. This plan was developed with internal and external marine
mammal experts, as recommended by the Commission, who led efforts to
collect data on Barataria Bay dolphins after the Deepwater Horizon oil
spill (e.g., Smith et al., 2017, Well et al., 2017). Phase I of the
science plan is partially complete and NMFS is in discussion with the
CPRA on funding for Phase II. For all projects, NMFS intends to
continue working with external marine mammal experts to inform
development and implementation of a comprehensive marine mammal
monitoring plan as part of the State's consultation requirement.
Minimizing and Monitoring Impacts on Marine Mammals
As described above, the Budget Act requires the State, in
consultation with the Secretary, to minimize, monitor, and evaluate
impacts on marine mammals from the projects included in the waiver. We
note here, as recommended by the Commission (see above), that by
necessity the consultation will need to be ongoing to appropriately
address the evolving project planning and design for the construction,
operation, and maintenance phases of these three projects.
Currently, for the Mid-Barataria Sediment Diversion, the State and
the U.S. Army Corps of Engineers are coordinating closely with NMFS to
ensure compliance under multiple statutes other than the MMPA (e.g.,
NEPA and the Clean Water Act), and further coordinating in
consideration of the Mid-Barataria Sediment Diversion pursuant to the
Deepwater Horizon restoration planning efforts. These statutes and
processes include various
[[Page 12340]]
requirements to assess, minimize, and/or monitor impacts to different
resources, including marine mammals. While the State has coordinated
most closely with NMFS on the Mid-Barataria Sediment Diversion to date,
it is likely the other two projects covered under the waiver will be
similarly coordinated with NMFS to some degree due to the NEPA
processes and permitting requirements under other Federal statutes. We
believe that in many cases other statutes and processes will provide
the State efficient frameworks within which to conduct the required
consultation with NMFS, and we will support the State in integrating
Budget Act compliance into these processes, discussions, and timelines,
as needed. Regardless, NMFS is prepared to support the State in
identifying and developing practicable measures to minimize and monitor
impacts of the covered projects on marine mammals.
Authority: 16 U.S.C. 1361 et seq.
Dated: March 15, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-05652 Filed 3-20-18; 8:45 am]
BILLING CODE 3510-22-P
