Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Gastineau Channel Historical Society Sentinel Island Moorage Float Project, Juneau, Alaska, 64124-64125 [2020-22407]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
Dated: September 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Electricity for
Less Than Adequate Remuneration
Upstream Subsidy Allegation Confers a
Benefit
Comment 2: Whether the Subsidy Rate for
Industrial Technology Innovation
Promotion Act Grants Was Improperly
Calculated
Comment 3: Whether the Tax Programs
Under the Restriction of Special Location
Taxation Act and Restriction of Special
Taxation Act Meet the Specificity
Requirement
Comment 4: Whether the Trading of
Demand Response Resources Program is
Countervailable
Comment 5: Whether the Modal Shift
Program Confers a Countervailable
Benefit
Comment 6: Whether Commerce Correctly
Measured the Benefit for Port Usage
Rights at Incheon Harbor
Comment 7: Whether the Suncheon Harbor
Usage Fee Exemptions Under the Harbor
Act Are Countervailable
Comment 8: Whether Hyundai Green
Power is Hyundai Steel’s Cross-Owned
Input Supplier and Received
Countervailable Benefits
X. Recommendation
[FR Doc. 2020–22433 Filed 10–8–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA472]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Gastineau
Channel Historical Society Sentinel
Island Moorage Float Project, Juneau,
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from the Gastineau Channel Historical
SUMMARY:
VerDate Sep<11>2014
17:26 Oct 08, 2020
Jkt 253001
Society (GCHS) for the re-issuance of a
previously issued incidental harassment
authorization (IHA) with the only
change being effective dates. The initial
IHA authorized take of seven species of
marine mammals, by Level A and Level
B harassment, incidental to construction
associated with the Sentinel Island
moorage float near Juneau, Alaska. The
project has been delayed and none of
the work covered in the initial IHA has
been conducted. GCHS has requested reissuance with new effective dates over
the same period in 2021 (i.e., July 15,
2021 through September 20, 2021). The
scope of the activities and anticipated
effects remain the same, authorized take
numbers are not changed, and the
required mitigation, monitoring, and
reporting remains the same as included
in the initial IHA. NMFS is, therefore,
issuing a second identical IHA to cover
the incidental take analyzed and
authorized in the initial IHA.
DATES: This authorization is effective
from July 15, 2021 through September
20, 2021.
ADDRESSES: An electronic copy of the
final 2020 IHA previously issued to
GCHS, the re-issued IHA, the original
application, and the Federal Register
notices proposing and issuing the initial
IHA may be obtained by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sentinelisland-moorage-float-project-juneaualaska. In case of problems accessing
these documents, please call the contact
listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 7–
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
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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 July 15, 2020, NMFS published
final notice of our issuance of an IHA
authorizing take of marine mammals
incidental to the Sentinel Island
moorage float project (85 FR 42837). The
effective dates of that IHA were July 15,
2020, through September 20, 2020. On
September 14, 2020, GCHS informed
NMFS that the project was delayed.
None of the work identified in the
initial IHA (e.g., pile driving) has
occurred. GCHS submitted a request for
a new identical IHA that would be
effective from July 15, 2021 through
September 20, 2021, in order to conduct
the construction work that was analyzed
and authorized through the previously
issued IHA. Therefore, re-issuance of
the 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.
The purpose of GCHS’ construction
project is to construct an access float to
more easily access Sentinel Island. The
location, timing, and nature of the
activities, including the types of
equipment planned for use, are identical
those described in the initial IHA. The
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
mitigation and monitoring are also as
prescribed in the initial IHA.
Species that are expected to be taken
by the planned activity include harbor
porpoise (Phocoena phocoena), Dall’s
porpoise (Phocoenoides dalli), Minke
whale (Balaenoptera acutorostrata),
humpback whales (Megaptera
novaeangliae), harbor seals (Phoca
vitulina), Steller sea lions (Eumetopias
jubatus), and killer whale (Orcinus
orca). 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 data
inputs and methods of estimating take
are identical to those used in the initial
IHA. 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 initial IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2020 IHA for
GCHS’ construction work (85 FR 42837),
GCHS’ application, the Federal Register
notice of the proposed IHA (85 FR
18196; April 1, 2020), and all associated
references and documents.
Determinations
GCHS will conduct activities as
analyzed in the initial 2020 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 initial IHA and no new
information has emerged that would
change those findings. The re-issued
2021 IHA includes identical required
mitigation, monitoring, and reporting
measures as the initial 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) GCHS’ activities
will not have an unmitigable adverse
impact on taking for subsistence
purposes as subsistence harvest of
harbor seals and other marine mammals
VerDate Sep<11>2014
17:26 Oct 08, 2020
Jkt 253001
64125
is rare in the area and local subsistence
users have not expressed concern about
this project.
mitigation, monitoring, and reporting
requirements from the initial 2020 IHA
are incorporated.
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.
Dated: October 5, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
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.
NMFS is proposing to authorize take
of Western DPS Steller sea lion
(Eumetopias jubatus) and Mexico DPS
of humpback whales (Megaptera
novaeangliae), which are listed under
the ESA. The NMFS Alaska Regional
Office Protected Resources Division
issued a Biological Opinion on June 25,
2020 under section 7 of the ESA, on the
issuance of an IHA to GCHS under
section 101(a)(5)(D) of the MMPA by the
NMFS Permits and Conservation
Division. The Biological Opinion
concluded that the proposed action is
not likely to jeopardize the continued
existence of the above species, and is
also not likely to destroy or adversely
modify critical habitat of the above
species.
Authorization
NMFS has issued an IHA to GCHS for
in-water construction activities
associated with the specified activity
from July 15, 2021 through September
20, 2021. All previously described
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
[FR Doc. 2020–22407 Filed 10–8–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Final Evaluation
Findings of State Coastal Programs
and National Estuarine Research
Reserves
Office for Coastal Management
(OCM), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of availability of
evaluation findings.
AGENCY:
Notice is hereby given of the
availability of final evaluation findings
of state coastal programs and national
estuarine research reserves. The NOAA
Office for Coastal Management has
completed review of the Coastal Zone
Management Program evaluations for
the states and territories of California,
Commonwealth of the Northern Mariana
Islands, Delaware, Georgia, Hawaii,
Minnesota, Mississippi, Pennsylvania,
Rhode Island, South Carolina, and
Wisconsin. In addition, the NOAA
Office for Coastal Management has
completed review of the National
Estuarine Research Reserve evaluations
for Great Bay, Hudson River, Kachemak
Bay, North Inlet-Winyah Bay, Old
Woman Creek, and Rookery Bay, and
Sapelo Island. Copies of these final
evaluation findings may be downloaded
at https://coast.noaa.gov/czm/
evaluations/evaluation_findings/
index.html or by submitting a written
request to the person identified under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Carrie Hall, Evaluator, Planning and
Performance Measurement Program,
Office for Coastal Management at
Carrie.Hall@noaa.gov or (240) 530–
0730.
SUPPLEMENTARY INFORMATION: The states
and territories were found to be
implementing and enforcing their
federally approved Coastal Zone
Management Programs, addressing the
national coastal management objectives
identified in CZMA Section 303(2), and
adhering to the programmatic terms of
SUMMARY:
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64124-64125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22407]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA472]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Gastineau Channel Historical
Society Sentinel Island Moorage Float Project, Juneau, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Gastineau Channel
Historical Society (GCHS) for the re-issuance of a previously issued
incidental harassment authorization (IHA) with the only change being
effective dates. The initial IHA authorized take of seven species of
marine mammals, by Level A and Level B harassment, incidental to
construction associated with the Sentinel Island moorage float near
Juneau, Alaska. The project has been delayed and none of the work
covered in the initial IHA has been conducted. GCHS has requested re-
issuance with new effective dates over the same period in 2021 (i.e.,
July 15, 2021 through September 20, 2021). The scope of the activities
and anticipated effects remain the same, authorized take numbers are
not changed, and the required mitigation, monitoring, and reporting
remains the same as included in the initial IHA. NMFS is, therefore,
issuing a second identical IHA to cover the incidental take analyzed
and authorized in the initial IHA.
DATES: This authorization is effective from July 15, 2021 through
September 20, 2021.
ADDRESSES: An electronic copy of the final 2020 IHA previously issued
to GCHS, the re-issued IHA, the original application, and the Federal
Register notices proposing and issuing the initial IHA may be obtained
by visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-sentinel-island-moorage-float-project-juneau-alaska. In
case of problems accessing these documents, please call the contact
listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 7-8401.
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).
Summary of Request
On July 15, 2020, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the Sentinel
Island moorage float project (85 FR 42837). The effective dates of that
IHA were July 15, 2020, through September 20, 2020. On September 14,
2020, GCHS informed NMFS that the project was delayed. None of the work
identified in the initial IHA (e.g., pile driving) has occurred. GCHS
submitted a request for a new identical IHA that would be effective
from July 15, 2021 through September 20, 2021, in order to conduct the
construction work that was analyzed and authorized through the
previously issued IHA. Therefore, re-issuance of the 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.
The purpose of GCHS' construction project is to construct an access
float to more easily access Sentinel Island. The location, timing, and
nature of the activities, including the types of equipment planned for
use, are identical those described in the initial IHA. The
[[Page 64125]]
mitigation and monitoring are also as prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include harbor porpoise (Phocoena phocoena), Dall's porpoise
(Phocoenoides dalli), Minke whale (Balaenoptera acutorostrata),
humpback whales (Megaptera novaeangliae), harbor seals (Phoca
vitulina), Steller sea lions (Eumetopias jubatus), and killer whale
(Orcinus orca). 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
data inputs and methods of estimating take are identical to those used
in the initial IHA. 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 initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2020 IHA for GCHS' construction work (85 FR 42837), GCHS'
application, the Federal Register notice of the proposed IHA (85 FR
18196; April 1, 2020), and all associated references and documents.
Determinations
GCHS will conduct activities as analyzed in the initial 2020 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 initial IHA and no new information has emerged
that would change those findings. The re-issued 2021 IHA includes
identical required mitigation, monitoring, and reporting measures as
the initial 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) GCHS'
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as subsistence harvest of harbor seals and other
marine mammals is rare in the area and local subsistence users have not
expressed concern about this project.
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.
NMFS is proposing to authorize take of Western DPS Steller sea lion
(Eumetopias jubatus) and Mexico DPS of humpback whales (Megaptera
novaeangliae), which are listed under the ESA. The NMFS Alaska Regional
Office Protected Resources Division issued a Biological Opinion on June
25, 2020 under section 7 of the ESA, on the issuance of an IHA to GCHS
under section 101(a)(5)(D) of the MMPA by the NMFS Permits and
Conservation Division. The Biological Opinion concluded that the
proposed action is not likely to jeopardize the continued existence of
the above species, and is also not likely to destroy or adversely
modify critical habitat of the above species.
Authorization
NMFS has issued an IHA to GCHS for in-water construction activities
associated with the specified activity from July 15, 2021 through
September 20, 2021. All previously described mitigation, monitoring,
and reporting requirements from the initial 2020 IHA are incorporated.
Dated: October 5, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-22407 Filed 10-8-20; 8:45 am]
BILLING CODE 3510-22-P
