Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port of Kalama Expansion Project on the Lower Columbia River, 57013-57015 [2019-23184]
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Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
December 31, 2018 1 On April 1, 2019,
Commerce received a timely request, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
from Auburn Manufacturing, Inc. (the
petitioner), to conduct an administrative
review of this CVD order with respect to
81 companies.2 Based upon this request,
on May 29, 2019, in accordance with
section 751(a) of the Act, Commerce
published in the Federal Register a
notice of initiation of administrative
review for this CVD order.3 On June 3,
2019, the petitioner submitted a letter
correcting the spelling of certain
companies in its review request.4 Based
upon this clarification, on July 15, 2019,
Commerce published in the Federal
Register a notice of initiation of
administrative review including the
corrected names of the affected
companies.5 On July 8, 2019 the
petitioner timely withdrew its request
for an administrative review for each of
the 81 companies.6
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of the notice of initiation
of the requested review. As noted above,
the petitioner timely withdrew its
request for review by the 90-day
deadline. No other party requested an
administrative review. Accordingly, we
are rescinding the administrative review
of the CVD order on silica fabric from
China covering the period January 1,
2018, to December 31, 2018, in its
entirety.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
CVDs on all appropriate entries at a rate
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review; Opportunity To
Request Administrative Review, 84 FR 7877 (March
5, 2019).
2 See Letter from the petitioner re: ‘‘Certain
Amorphous Silica Fabric from the People’s
Republic of China,’’ dated April 1, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
24743 (May 29, 2019) (Initiation Notice).
4 See Letter from the petitioner re: ‘‘Certain
Amorphous Silica Fabric from the People’s
Republic of China—Errata to April 1, 2019 Request
for Administrative Review,’’ dated June 3, 2019.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739, 33753 and n.8 (July 15, 2019) (Initiation
Correction Notice).
6 See Letter from the petitioner re: ‘‘Certain
Amorphous Silica Fabric from the People’s
Republic of China: Withdrawal of Petitioners’
Request for Administrative Review of the
Countervailing Duty Order,’’ dated July 8, 2019.
VerDate Sep<11>2014
17:34 Oct 23, 2019
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equal to the cash deposit of estimated
CVDs required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2018, to December 31, 2018, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of the countervailing
duties occurred and the subsequent
assessment of doubled countervailing
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under an APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This notice is issued and published in
accordance with sections 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: October 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–23213 Filed 10–23–19; 8:45 am]
BILLING CODE 3510–DS–P
57013
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; reissuance of incidental
harassment authorization.
NMFS has received a request
from the Port of Kalama (POK) for the
re-issuance of a previously issued
incidental harassment authorization
(IHA) with the only change being
effective dates that are one year later
(October 19, 2019—October 18, 2020).
The initial IHA authorized take of three
species of marine mammals, by Level A
and Level B harassment, incidental to
construction activities associated with
an expansion project at the POK on the
Lower Columbia River, Washington.
The project has been delayed and none
of the work covered in the initial IHA
(effective October 18, 2018—October 18,
2019) has been conducted. 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 2018 IHA referenced
above. NMFS is, therefore, issuing a
second IHA to cover the identical
incidental take analyzed and authorized
in the initial IHA.
DATES: This authorization is effective
from October 19, 2019 through October
18, 2020.
ADDRESSES: An electronic copy of the
final 2018 IHA previously issued to
POK, POK’s application, and the
Federal Register notices proposing and
issuing the 2018 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).
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR042
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Port of Kalama
Expansion Project on the Lower
Columbia River
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Fmt 4703
Sfmt 4703
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
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57014
Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
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).
Summary of Request
On September 28, 2015, we received
a request from the POK for authorization
of the taking, by Level B harassment
only, of marine mammals incidental to
the construction associated with the
Port of Kalama Expansion Project,
which involved construction of the
Kalama Marine Manufacturing and
Export Facility including a new marine
terminal for the export of methanol, and
installation of engineered log jams,
restoration of riparian wetlands, and the
removal of existing wood piles in a side
channel as mitigation activities. The
specified activity is expected to result in
the take of three species of marine
mammals (harbor seals, California sea
lions, and Steller sea lions). A final
version of the application, which we
deemed adequate and complete, was
submitted on December 10, 2015. We
published a notice of a proposed IHA
and request for comments on March 21,
2016 (81 FR 715064). After the public
comment period and before we issued
the final IHA, POK requested that we
issue the IHA for 2017 instead of the
2016 work season. We subsequently
published the final notice of our
issuance of the IHA on December 12,
2016 (81 FR 89436), effective from
September 1, 2017–August 31, 2018. Inwater work associated with the project
was expected to be completed within
the one-year timeframe of the IHA.
On June 21, 2018, POK informed
NMFS that work relevant to the
specified activity considered in the
MMPA analysis for the 2017–2018 IHA
was postponed and would not be
completed. POK requested that the IHA
be issued to be effective for the period
from 2018–2019. In support of that
request, POK submitted an application
addendum affirming that no change in
the proposed activities is anticipated
and that no new information regarding
the abundance of marine mammals is
available that would change the
previous analysis and findings. A notice
for the proposed incidental take
authorization was published on July 25,
2018 (83 FR 35220), and a corrected
notice was published on August 14,
2018 (83 FR 40257). On November 13,
2018, NMFS published final notice of
our issuance of an IHA authorizing take
of marine mammals incidental to the
Port of Kalama Expansion Project (83 FR
56304). The effective dates of that IHA
were October 18, 2018 through October
18, 2019.
On August 21, 2019, POK informed
NMFS that the project was being
delayed by one year. None of the work
identified in the IHA (i.e. pile driving
and removal) has occurred and no take
of any marine mammals has occurred
since the effective date of the initial
IHA. POK submitted a formal request for
a new identical IHA that would be
effective from October 19, 2019 through
October 18, 2020, in order to conduct
the construction work that was analyzed
and authorized through the previously
issued IHA. Therefore, an IHA is
appropriate.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
Planned activities include
construction of a marine terminal and
dock/pier for the export of methanol,
and associated compensatory mitigation
activities for the purposes of offsetting
habitat effects from the action.
Specifically, the location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the 2018
IHA. The mitigation and monitoring are
also identical to the 2018 IHA and will
include implementing shutdown
procedures if any marine mammal
approaches or enters the Level A
harassment zone(s), limiting
construction to daylight hours only,
using bubble curtains during impact
driving of steel piles, using soft-start
during impact pile driving, and
monitoring and reporting of qualified
protected species observers (PSOs).
Species that are expected to be taken
by the planned activity include harbor
seal (Phoca vitulina), California sea lion
(Zalophus californianus), and Steller
sea lion (Eumetopias jubatus). The takes
authorized in the 2018 IHA are
presented in Table 1.
TABLE 1—AUTHORIZED TAKE AMOUNT BY SPECIES
Species
Level A
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Harbor seal ..................................................................................................................................
California sea lion ........................................................................................................................
Steller sea lion .............................................................................................................................
A description of the methods and
inputs used to estimate take anticipated
to occur and, ultimately, the take that
was authorized is found in the previous
documents referenced above. The
methods of estimating take are identical
VerDate Sep<11>2014
17:34 Oct 23, 2019
Jkt 250001
to those used in the previous IHA, as is
the density of marine mammals. NMFS
has reviewed recent Stock Assessment
Reports, information on relevant
Unusual Mortality Events, and recent
scientific literature, and determined that
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Fmt 4703
Sfmt 4703
Level B
10
0
0
1,530
372
372
Total take
1953
372
372
no new information affects our original
analysis of impacts or take estimate
under the original IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
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Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
the issuance of the 2018–2019 IHA for
the POK’s Port of Kalama Expansion
Project (83 FR 56304; November 13,
2018), the Federal Register notice of
proposed IHA for the 2018–2019 IHA
(83 FR 35220; July 25, 2018), the
corrected Federal Register notice of
proposed IHA for the 2018–2019 IHA
(83 FR 40257; August 14, 2018), the
Federal Register notice of the issuance
of the 2017–2018 IHA (81 FR 89436,
December 12, 2016), the Federal
Register notice of the proposed IHA (81
FR 15064, March 21, 2016), POK’s
application (and 2018 application
addendum), and all associated
references and documents.
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Determinations
POK will conduct activities identical
to those analyzed in the previous 2018
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 2018 IHA and no new
information has emerged that would
change those findings. The re-issued
2019 IHA includes identical required
mitigation, monitoring, and reporting
measures as the 2018 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) POK’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.
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
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17:34 Oct 23, 2019
Jkt 250001
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.
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.
No incidental take of ESA-listed marine
mammal species is expected to result
from this activity, and none would be
authorized. Therefore, NMFS has
determined that consultation under
section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued an IHA to POK for
in-water construction activities
associated with the POK Expansion
Project from October 19, 2019 through
October 18, 2020. All previously
described mitigation, monitoring, and
reporting requirements from the 2018
IHA are incorporated.
Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–23184 Filed 10–23–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW010
Scoping Meeting for Protective
Regulations for Killer Whales in the
Inland Waters of Washington State
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting,
request for comments.
AGENCY:
This notice informs the public
of an upcoming scoping process,
including a scoping meeting, to solicit
SUMMARY:
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Fmt 4703
Sfmt 4703
57015
public comments on whether, based on
best available information, existing
National Marine Fisheries Service
(NMFS) regulations and other measures
adequately protect killer whales from
the impacts of vessels and noise in the
inland waters of Washington State and,
if not, what actions NMFS should take.
To inform comments, information on
existing regulations and other protective
measures are available at: https://
archive.fisheries.noaa.gov/wcr/
protected_species/marine_mammals/
killer_whale/vessel_regulations.html.
DATES: Written or electronic scoping
comments must be received by
December 23, 2019.
ADDRESSES: You may submit comments
on this document by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments by sending
an email to OrcaRecovery.WCR@
noaa.gov using the subject line
‘‘Comments on Protective Regulations
for Killer Whales Scoping.’’
• Mail: Submit written comments to
Seattle Branch Chief, Protected
Resources Division, West Coast Region,
National Marine Fisheries Service, 7600
Sand Point Way NE, Building 1, Seattle,
WA 98115, Attn: SRKW Vessel
Regulation Revision.
Comments can also be provided in
person during the scoping meeting,
listed below.
FOR FURTHER INFORMATION CONTACT:
Grace Ferrara, West Coast Region,
National Marine Fisheries Service.
Telephone: 206–526–6172. Email:
grace.ferrara@noaa.gov.
SUPPLEMENTARY INFORMATION:
Dates, Times, and Locations
The date, time, and location of the
scoping meeting is scheduled as
follows:
Tuesday, November 12th, 2019—
Friday Harbor, WA, 5 p.m. to 8 p.m.,
Brickworks Event Center, 150 Nichols
St., Friday Harbor, WA 98250.
Background
NMFS listed the Southern Resident
killer whale distinct population segment
as endangered under the Endangered
Species Act (ESA) in 2005 (70 FR 69903;
November 18, 2005). During the listing
of Southern Residents and the
development of the 2008 Recovery Plan,
vessel impacts were identified as one of
the three main threats to recovery
(NMFS, 2008). While in the inland
waters of Washington State, this
population is the target of an active
transboundary commercial whale watch
industry. In 2009, NMFS concluded that
the voluntary guidelines in place to
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]]>Agencies
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57013-57015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23184]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR042
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Port of Kalama Expansion Project on
the Lower Columbia River
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; reissuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Port of Kalama (POK) for
the re-issuance of a previously issued incidental harassment
authorization (IHA) with the only change being effective dates that are
one year later (October 19, 2019--October 18, 2020). The initial IHA
authorized take of three species of marine mammals, by Level A and
Level B harassment, incidental to construction activities associated
with an expansion project at the POK on the Lower Columbia River,
Washington. The project has been delayed and none of the work covered
in the initial IHA (effective October 18, 2018--October 18, 2019) has
been conducted. 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 2018 IHA referenced above. NMFS is, therefore,
issuing a second IHA to cover the identical incidental take analyzed
and authorized in the initial IHA.
DATES: This authorization is effective from October 19, 2019 through
October 18, 2020.
ADDRESSES: An electronic copy of the final 2018 IHA previously issued
to POK, POK's application, and the Federal Register notices proposing
and issuing the 2018 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).
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
[[Page 57014]]
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).
Summary of Request
On September 28, 2015, we received a request from the POK for
authorization of the taking, by Level B harassment only, of marine
mammals incidental to the construction associated with the Port of
Kalama Expansion Project, which involved construction of the Kalama
Marine Manufacturing and Export Facility including a new marine
terminal for the export of methanol, and installation of engineered log
jams, restoration of riparian wetlands, and the removal of existing
wood piles in a side channel as mitigation activities. The specified
activity is expected to result in the take of three species of marine
mammals (harbor seals, California sea lions, and Steller sea lions). A
final version of the application, which we deemed adequate and
complete, was submitted on December 10, 2015. We published a notice of
a proposed IHA and request for comments on March 21, 2016 (81 FR
715064). After the public comment period and before we issued the final
IHA, POK requested that we issue the IHA for 2017 instead of the 2016
work season. We subsequently published the final notice of our issuance
of the IHA on December 12, 2016 (81 FR 89436), effective from September
1, 2017-August 31, 2018. In-water work associated with the project was
expected to be completed within the one-year timeframe of the IHA.
On June 21, 2018, POK informed NMFS that work relevant to the
specified activity considered in the MMPA analysis for the 2017-2018
IHA was postponed and would not be completed. POK requested that the
IHA be issued to be effective for the period from 2018-2019. In support
of that request, POK submitted an application addendum affirming that
no change in the proposed activities is anticipated and that no new
information regarding the abundance of marine mammals is available that
would change the previous analysis and findings. A notice for the
proposed incidental take authorization was published on July 25, 2018
(83 FR 35220), and a corrected notice was published on August 14, 2018
(83 FR 40257). On November 13, 2018, NMFS published final notice of our
issuance of an IHA authorizing take of marine mammals incidental to the
Port of Kalama Expansion Project (83 FR 56304). The effective dates of
that IHA were October 18, 2018 through October 18, 2019.
On August 21, 2019, POK informed NMFS that the project was being
delayed by one year. None of the work identified in the IHA (i.e. pile
driving and removal) has occurred and no take of any marine mammals has
occurred since the effective date of the initial IHA. POK submitted a
formal request for a new identical IHA that would be effective from
October 19, 2019 through October 18, 2020, in order to conduct the
construction work that was analyzed and authorized through the
previously issued IHA. Therefore, an IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
Planned activities include construction of a marine terminal and
dock/pier for the export of methanol, and associated compensatory
mitigation activities for the purposes of offsetting habitat effects
from the action. Specifically, the location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the 2018 IHA. The mitigation and
monitoring are also identical to the 2018 IHA and will include
implementing shutdown procedures if any marine mammal approaches or
enters the Level A harassment zone(s), limiting construction to
daylight hours only, using bubble curtains during impact driving of
steel piles, using soft-start during impact pile driving, and
monitoring and reporting of qualified protected species observers
(PSOs).
Species that are expected to be taken by the planned activity
include harbor seal (Phoca vitulina), California sea lion (Zalophus
californianus), and Steller sea lion (Eumetopias jubatus). The takes
authorized in the 2018 IHA are presented in Table 1.
Table 1--Authorized Take Amount by Species
----------------------------------------------------------------------------------------------------------------
Species Level A Level B Total take
----------------------------------------------------------------------------------------------------------------
Harbor seal..................................................... 10 1,530 1953
California sea lion............................................. 0 372 372
Steller sea lion................................................ 0 372 372
----------------------------------------------------------------------------------------------------------------
A description of the methods and inputs used to estimate take
anticipated to occur and, ultimately, the take that was authorized is
found in the previous documents referenced above. The methods of
estimating take are identical to those used in the previous IHA, as is
the density of marine mammals. NMFS has reviewed recent 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 or take estimate
under the original IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of
[[Page 57015]]
the issuance of the 2018-2019 IHA for the POK's Port of Kalama
Expansion Project (83 FR 56304; November 13, 2018), the Federal
Register notice of proposed IHA for the 2018-2019 IHA (83 FR 35220;
July 25, 2018), the corrected Federal Register notice of proposed IHA
for the 2018-2019 IHA (83 FR 40257; August 14, 2018), the Federal
Register notice of the issuance of the 2017-2018 IHA (81 FR 89436,
December 12, 2016), the Federal Register notice of the proposed IHA (81
FR 15064, March 21, 2016), POK's application (and 2018 application
addendum), and all associated references and documents.
Determinations
POK will conduct activities identical to those analyzed in the
previous 2018 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 2018 IHA and no new information has
emerged that would change those findings. The re-issued 2019 IHA
includes identical required mitigation, monitoring, and reporting
measures as the 2018 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) POK'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.
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.
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. No incidental take of ESA-listed
marine mammal species is expected to result from this activity, and
none would be authorized. Therefore, NMFS has determined that
consultation under section 7 of the ESA is not required for this
action.
Authorization
NMFS has issued an IHA to POK for in-water construction activities
associated with the POK Expansion Project from October 19, 2019 through
October 18, 2020. All previously described mitigation, monitoring, and
reporting requirements from the 2018 IHA are incorporated.
Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-23184 Filed 10-23-19; 8:45 am]
BILLING CODE 3510-22-P
