Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Coast Boulevard Improvements Project, La Jolla, California, 25438-25440 [2018-11785]
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25438
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that
Commerce’s information requirements
are distinct from the Commission’s
information requirements. Consult
Commerce’s regulations for information
regarding Commerce’s conduct of
Sunset Reviews. Consult Commerce’s
regulations at 19 CFR part 351 for
definitions of terms and for other
general information concerning
antidumping and countervailing duty
proceedings at Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: May 16, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–11815 Filed 5–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meetings
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meetings.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for public meetings of the
Advisory Committee on Supply Chain
Competitiveness (Committee).
DATES: The meetings will be held on
June 20, 2018, from 12:00 p.m. to 3:00
p.m., and June 21, 2018, from 9:00 a.m.
to 4:00 p.m., Eastern Standard Time
(EST).
SUMMARY:
The meetings on June 20
and 21 will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Research
Library (Room 1894), Washington, DC
20230.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services
(OSCPBS), International Trade
Administration. Phone: (202) 482–1135
or Email: richard.boll@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
VerDate Sep<11>2014
17:06 May 31, 2018
Jkt 244001
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
App.). It provides advice to the
Secretary of Commerce on the necessary
elements of a comprehensive policy
approach to supply chain
competitiveness and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
https://trade.gov/td/services/oscpb/
supplychain/acscc/.
Matters To Be Considered: Committee
members are expected to continue to
discuss the major competitivenessrelated topics raised at the previous
Committee meetings, including trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate other Committee
business. The Office of Supply Chain,
Professional & Business Services will
post the final detailed agendas on its
website, https://trade.gov/td/services/
oscpb/supplychain/acscc/, at least one
week prior to the meeting.
The meetings will be open to the
public and press on a first-come, firstserved basis. Space is limited. The
public meetings are physically
accessible to people with disabilities.
Individuals requiring accommodations,
such as sign language interpretation or
other ancillary aids, are asked to notify
Mr. Richard Boll, at (202) 482–1135 or
richard.boll@trade.gov five (5) business
days before the meeting.
Interested parties are invited to
submit written comments to the
Committee at any time before and after
the meeting. Parties wishing to submit
written comments for consideration by
the Committee in advance of this
meeting must send them to the Office of
Supply Chain, Professional & Business
Services, 1401 Constitution Ave. NW,
Room 11014, Washington, DC 20230, or
email to richard.boll@trade.gov.
For consideration during the
meetings, and to ensure transmission to
the Committee prior to the meetings,
comments must be received no later
than 5:00 p.m. EST on June 12, 2018.
Comments received after June 12, 2018,
will be distributed to the Committee,
but may not be considered at the
meetings. The minutes of the meetings
will be posted on the Committee
website within 60 days of the meeting.
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Dated: May 25, 2018.
Maureen Smith,
Director, Office of Supply Chain.
[FR Doc. 2018–11737 Filed 5–31–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF985
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Coast
Boulevard Improvements Project, La
Jolla, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization (IHA).
AGENCY:
NMFS has received a request
from the City of San Diego (the City) for
an incidental harassment authorization
(IHA) to take three species of marine
mammals, by Level B harassment only,
incidental to Coast Boulevard
improvements in La Jolla, California.
The project has been delayed, such that
none of the work covered in the
identical IHA issued in 2017 was
initiated and, therefore, the City
requested that an identical IHA be
issued to cover the same work in 2018.
NMFS is, therefore, issuing a second
IHA to cover the incidental take
analyzed and authorized in the initial
IHA. The scope of the activities and
anticipated effects remain the same,
authorized take numbers would not
change, and the required mitigation,
monitoring, and reporting would remain
the same as authorized in the 2017 IHA
referenced above. NMFS is therefore
notifying the public about the issuance
of an IHA to the City to incidentally take
marine mammals, by Level B
harassment only, during the City’s Coast
Boulevard improvements.
DATES: Valid June 1, 2018 through May
31, 2019.
ADDRESSES: An electronic copy of the
final 2017 IHA previously issued to the
City, the City’s application, and the
Federal Register notices proposing and
issuing the 2017 IHA may be obtained
by visiting https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed below (see FOR FURTHER
INFORMATION CONTACT).
SUMMARY:
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (MMPA;
16 U.S.C. 1361 et seq.) direct the
Secretary of Commerce (as delegated to
NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
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National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action with respect to
environmental consequences on the
human environment.
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17:06 May 31, 2018
Jkt 244001
Accordingly, NMFS has determined
that the issuance of the IHA qualifies to
be categorically excluded from further
NEPA review. This action is consistent
with categories of activities identified in
CE B4 of the Companion Manual for
NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion.
History of Request
NMFS received a request from the
City for authorization to take marine
mammals incidental to Coast Boulevard
improvements in La Jolla, California on
December 16, 2016. On March 1, 2017,
we deemed the City’s application for
authorization to be adequate and
complete. We published a notice of a
proposed IHA and request for comments
on April 26, 2017 (82 FR 19221), and
subsequently issued an IHA to the City
on May 31, 2017, and published final
notice of our issuance of the IHA on
June 29, 2017 (82 FR 29511).
On October 19, 2017, the City
informed NMFS that while some
structural integrity testing of the
existing concrete at the project location
had occurred over 4 days in July, none
of the work identified in the IHA that
was expected to result in the take of
marine mammals (i.e., construction or
demolition work) had occurred and no
take of any marine mammals had
occurred.
On January 4, 2018, the City
submitted a formal request for a new
identical IHA that would be effective
from June 1, 2018 through December 14,
2018, in order to conduct the
construction and demolition work that
was analyzed and authorized through
the previously issued IHA.
The planned activities are the same as
those proposed in the previous IHA
application and the potential incidental
take the same as that authorized through
the previously issued IHA, and include
improvements to an existing public
parking lot, sidewalk, and landscaping
areas located on the bluff tops above
Children’s Pool, a public beach located
in La Jolla, California. Species that are
expected to be taken by the planned
activity include harbor seal (Phoca
vitulina), California sea lion (Zalophus
californianus), and northern elephant
seal (Mirounga angustirostris). The
City’s request was for harassment only
and NMFS concurs that mortality is not
expected to result from this activity.
Therefore, an IHA is appropriate.
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25439
Description of Proposed Activity and
Anticipated Impacts
The 2017 IHA covered improvements
to an existing public parking lot,
sidewalk, and landscaping areas located
on the bluff tops above Children’s Pool
to upgrade public access and safety.
Planned demolition activities included
the removal of existing parking lot
paving; concrete curb, gutter, and
sidewalk; and the removal of existing
irrigation and plant materials. Planned
construction activities included
subgrade preparation, asphalt paving,
and marking of parking stalls; pouring
of concrete curb, gutter, and sidewalk;
construction of rock walls, installation
of fencing, placement of landscape
boulders, installation of landscaping
and irrigation; and finishing and clean
up. The 2017 IHA authorized the Level
B harassment of 1,620 harbor seals, 36
California sea lions and 14 northern
elephant seals. The City did not conduct
any demolition or construction
activities, and no takes of marine
mammals occurred, and now requests
that this second IHA cover all
demolition and construction activities
as those proposed in the 2017 IHA
application and authorized via the 2017
IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the 2017 IHA for the
City’s construction and demolition work
(82 FR 29511), the City’s application,
the Federal Register notice of the
proposed IHA (82 FR 19221), and all
associated references and documents.
Detailed Description of the Action—A
detailed description of the proposed
demolition and construction activities is
found in these previous documents. The
location, timing, and nature of the
activities, including the types of
equipment planned for use, are identical
to those described in the previous
notices.
Description of Marine Mammals—A
description of the marine mammals in
the area of the activities is found in
these previous documents, which
remains applicable to this IHA as well.
In addition, NMFS has reviewed recent
draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and recent scientific
literature, and determined that no new
information affects our original analysis
of impacts under the current IHA. Since
issuing the 2017 IHA, NMFS published
draft Stock Assessment Reports (SARs)
(82 FR 60181; 19 December 2017). The
abundance estimates reported in the
draft SARs did not change for any of
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25440
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
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three species proposed to be taken in
this authorization.
Potential Effects on Marine
Mammals—A description of the
potential effects of the specified
activities on marine mammals and their
habitat is found in these previous
documents, which remains applicable to
this IHA. There is no new information
on potential effects.
Estimated Take—A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
is found in these previous documents.
The methods of estimating take are
identical to those used in the previous
IHA, as is the density of marine
mammals. The number of takes
authorized is the same as the number of
takes authorized via the previous IHA.
Level A incidental take is not expected
to occur for the same reasons discussed
in the previous documents and none is
authorized.
Description of Mitigation, Monitoring
and Reporting Measures—A description
of mitigation, monitoring, and reporting
measures is found in the previous
documents, which are identical in this
IHA. In summary, mitigation will
include limiting construction to outside
of the harbor seal pupping season
(December 15 to May 15), limiting
construction to daylight hours only,
using the loudest equipment only
between 8:30 a.m. and 3:30 p.m., and
monitoring both airborne noise and
marine mammals. One trained protected
species observer will monitor the
proposed activities to collect
information of responses of marine
mammals to the activities.
On October 19, 2017, the City
submitted a monitoring report for the
minimal work that had been completed
on the existing concrete under the 2017
IHA (work that was not expected to
result in take of marine mammals, but
which was part of the overarching
activity). The City complied with all
mitigation, monitoring, and reporting
protocols. No marine mammal takes
were expected, authorized, or recorded.
The monitoring report can be viewed on
NMFS’s website: www.fisheries.noaa.
gov/national/marine-mammalprotection/incidental-takeauthorizations-construction-activities.
Determinations
The City will conduct activities
identical to those analyzed in the
previous 2017 IHA. As described above,
the number of authorized takes of the
same species and stocks of marine
mammals are identical to the numbers
that were found to meet the negligible
impact and small numbers standards
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17:06 May 31, 2018
Jkt 244001
and authorized under the 2017 IHA.
This 2018 IHA includes identical
required mitigation, monitoring, and
reporting measures as the 2017 IHA, and
there is no new information suggesting
that our analysis or findings should
change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
The required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) the City’s activities
will not have an unmitigable adverse
impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
However, no incidental take of ESAlisted species is authorized or expected
to result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Authorization
NMFS has issued an IHA to the City
of San Diego for Coast Boulevard
improvements in La Jolla, CA from June
1, 2018 through May 31, 2019. All
previously described mitigation,
monitoring, and reporting requirements
from the 2017–2018 IHA are
incorporated.
Dated: May 25, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–11785 Filed 5–31–18; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG257
Meeting of the Columbia Basin
Partnership Task Force of the Marine
Fisheries Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee’s
(MAFAC’s) Columbia Basin Partnership
Task Force (CBP Task Force). The CBP
Task Force will discuss the issues
outlined in the SUPPLEMENTARY
INFORMATION below.
DATES: The meeting will be held June
19, 2018, from 8 a.m. to 5 p.m. and on
June 20, 2018, from 8 a.m. to 4 p.m.
ADDRESSES: The meeting will be held at
the Columbia Gorge Hotel, 4000 West
Cliff Drive, Hood River, OR 97031; 541–
386–5566.
FOR FURTHER INFORMATION CONTACT:
Katherine Cheney; NFMS West Coast
Region; 503–231–6730; email:
Katherine.Cheney@noaa.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given of a meeting of MAFAC’s
CBP Task Force. The MAFAC was
established by the Secretary of
Commerce (Secretary) and, since 1971,
advises the Secretary on all living
marine resource matters that are the
responsibility of the Department of
Commerce. The MAFAC charter and
summaries of prior MAFAC meetings
are located online at https://
www.fisheries.noaa.gov/topic/
partners#marine-fisheries-advisorycommittee-. The CBP Task Force reports
to MAFAC and is being convened to
develop recommendations for long-term
goals to meet Columbia Basin salmon
recovery, conservation needs, and
harvest opportunities, in the context of
habitat capacity and other factors that
affect salmon mortality. More
information is available at the CBP Task
Force web page: https://
www.westcoast.fisheries.noaa.gov/
columbia_river/.
SUMMARY:
Matters To Be Considered
The meeting time and agenda are
subject to change. Meeting topics to be
discussed include draft qualitative and
quantitative goals for the Columbia
Basin species, approaches to integrate
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]]>Agencies
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25438-25440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11785]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF985
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Coast Boulevard Improvements
Project, La Jolla, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization (IHA).
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the City of San Diego (the
City) for an incidental harassment authorization (IHA) to take three
species of marine mammals, by Level B harassment only, incidental to
Coast Boulevard improvements in La Jolla, California. The project has
been delayed, such that none of the work covered in the identical IHA
issued in 2017 was initiated and, therefore, the City requested that an
identical IHA be issued to cover the same work in 2018. NMFS is,
therefore, issuing a second IHA to cover the incidental take analyzed
and authorized in the initial IHA. The scope of the activities and
anticipated effects remain the same, authorized take numbers would not
change, and the required mitigation, monitoring, and reporting would
remain the same as authorized in the 2017 IHA referenced above. NMFS is
therefore notifying the public about the issuance of an IHA to the City
to incidentally take marine mammals, by Level B harassment only, during
the City's Coast Boulevard improvements.
DATES: Valid June 1, 2018 through May 31, 2019.
ADDRESSES: An electronic copy of the final 2017 IHA previously issued
to the City, the City's application, and the Federal Register notices
proposing and issuing the 2017 IHA may be obtained by visiting https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems
accessing these documents, please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
[[Page 25439]]
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action with respect to environmental
consequences on the human environment.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities identified in CE B4
of the Companion Manual for NOAA Administrative Order 216-6A, which do
not individually or cumulatively have the potential for significant
impacts on the quality of the human environment and for which we have
not identified any extraordinary circumstances that would preclude this
categorical exclusion.
History of Request
NMFS received a request from the City for authorization to take
marine mammals incidental to Coast Boulevard improvements in La Jolla,
California on December 16, 2016. On March 1, 2017, we deemed the City's
application for authorization to be adequate and complete. We published
a notice of a proposed IHA and request for comments on April 26, 2017
(82 FR 19221), and subsequently issued an IHA to the City on May 31,
2017, and published final notice of our issuance of the IHA on June 29,
2017 (82 FR 29511).
On October 19, 2017, the City informed NMFS that while some
structural integrity testing of the existing concrete at the project
location had occurred over 4 days in July, none of the work identified
in the IHA that was expected to result in the take of marine mammals
(i.e., construction or demolition work) had occurred and no take of any
marine mammals had occurred.
On January 4, 2018, the City submitted a formal request for a new
identical IHA that would be effective from June 1, 2018 through
December 14, 2018, in order to conduct the construction and demolition
work that was analyzed and authorized through the previously issued
IHA.
The planned activities are the same as those proposed in the
previous IHA application and the potential incidental take the same as
that authorized through the previously issued IHA, and include
improvements to an existing public parking lot, sidewalk, and
landscaping areas located on the bluff tops above Children's Pool, a
public beach located in La Jolla, California. Species that are expected
to be taken by the planned activity include harbor seal (Phoca
vitulina), California sea lion (Zalophus californianus), and northern
elephant seal (Mirounga angustirostris). The City's request was for
harassment only and NMFS concurs that mortality is not expected to
result from this activity. Therefore, an IHA is appropriate.
Description of Proposed Activity and Anticipated Impacts
The 2017 IHA covered improvements to an existing public parking
lot, sidewalk, and landscaping areas located on the bluff tops above
Children's Pool to upgrade public access and safety. Planned demolition
activities included the removal of existing parking lot paving;
concrete curb, gutter, and sidewalk; and the removal of existing
irrigation and plant materials. Planned construction activities
included subgrade preparation, asphalt paving, and marking of parking
stalls; pouring of concrete curb, gutter, and sidewalk; construction of
rock walls, installation of fencing, placement of landscape boulders,
installation of landscaping and irrigation; and finishing and clean up.
The 2017 IHA authorized the Level B harassment of 1,620 harbor seals,
36 California sea lions and 14 northern elephant seals. The City did
not conduct any demolition or construction activities, and no takes of
marine mammals occurred, and now requests that this second IHA cover
all demolition and construction activities as those proposed in the
2017 IHA application and authorized via the 2017 IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the 2017
IHA for the City's construction and demolition work (82 FR 29511), the
City's application, the Federal Register notice of the proposed IHA (82
FR 19221), and all associated references and documents.
Detailed Description of the Action--A detailed description of the
proposed demolition and construction activities is found in these
previous documents. The location, timing, and nature of the activities,
including the types of equipment planned for use, are identical to
those described in the previous notices.
Description of Marine Mammals--A description of the marine mammals
in the area of the activities is found in these previous documents,
which remains applicable to this IHA as well. In addition, NMFS has
reviewed recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and recent scientific literature, and
determined that no new information affects our original analysis of
impacts under the current IHA. Since issuing the 2017 IHA, NMFS
published draft Stock Assessment Reports (SARs) (82 FR 60181; 19
December 2017). The abundance estimates reported in the draft SARs did
not change for any of
[[Page 25440]]
three species proposed to be taken in this authorization.
Potential Effects on Marine Mammals--A description of the potential
effects of the specified activities on marine mammals and their habitat
is found in these previous documents, which remains applicable to this
IHA. There is no new information on potential effects.
Estimated Take--A description of the methods and inputs used to
estimate take anticipated to occur and, ultimately, the take that was
authorized is found in these previous documents. The methods of
estimating take are identical to those used in the previous IHA, as is
the density of marine mammals. The number of takes authorized is the
same as the number of takes authorized via the previous IHA. Level A
incidental take is not expected to occur for the same reasons discussed
in the previous documents and none is authorized.
Description of Mitigation, Monitoring and Reporting Measures--A
description of mitigation, monitoring, and reporting measures is found
in the previous documents, which are identical in this IHA. In summary,
mitigation will include limiting construction to outside of the harbor
seal pupping season (December 15 to May 15), limiting construction to
daylight hours only, using the loudest equipment only between 8:30 a.m.
and 3:30 p.m., and monitoring both airborne noise and marine mammals.
One trained protected species observer will monitor the proposed
activities to collect information of responses of marine mammals to the
activities.
On October 19, 2017, the City submitted a monitoring report for the
minimal work that had been completed on the existing concrete under the
2017 IHA (work that was not expected to result in take of marine
mammals, but which was part of the overarching activity). The City
complied with all mitigation, monitoring, and reporting protocols. No
marine mammal takes were expected, authorized, or recorded. The
monitoring report can be viewed on NMFS's website:
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.
Determinations
The City will conduct activities identical to those analyzed in the
previous 2017 IHA. As described above, the number of authorized takes
of the same species and stocks of marine mammals are identical to the
numbers that were found to meet the negligible impact and small numbers
standards and authorized under the 2017 IHA. This 2018 IHA includes
identical required mitigation, monitoring, and reporting measures as
the 2017 IHA, and there is no new information suggesting that our
analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) the City's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued an IHA to the City of San Diego for Coast Boulevard
improvements in La Jolla, CA from June 1, 2018 through May 31, 2019.
All previously described mitigation, monitoring, and reporting
requirements from the 2017-2018 IHA are incorporated.
Dated: May 25, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-11785 Filed 5-31-18; 8:45 am]
BILLING CODE 3510-22-P
