Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon, 24850-24852 [2021-09867]

Download as PDF 24850 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices subsequent assessment of double antidumping duties. SUPPLEMENTARY INFORMATION: Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: May 4, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–09803 Filed 5–7–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–945, C–570–946] Prestressed Concrete Steel Wire Strand From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on prestressed concrete steel wire strand (PC strand) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders. DATES: Applicable Date: Applicable May 10, 2021. FOR FURTHER INFORMATION CONTACT: Emily Halle (AD Order) or John Hoffner (CVD Order), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0176 or (202) 482–3315, respectively. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 Background On September 1, 2020, the ITC instituted,1 and Commerce initiated,2 the second sunset reviews of the AD and CVD orders on PC strand from China,3 pursuant to section 751(c) of the Tariff Act of 1930 as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to continuation or recurrence of dumping and of net countervailable subsidies and, therefore, Commerce notified the ITC of the magnitude of the margin of dumping and subsidy rates likely to prevail should the Orders be revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the Act.4 On May 4, 2021, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Orders The product covered by the Orders is PC strand, produced from wire of nonstainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pretensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand. PC strand is normally sold in the United States in sizes ranging from 0.25 inches to 0.70 inches in diameter. PC strand made from galvanized wire is only excluded from the scope if the zinc and/or zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set forth in ASTM–A– 475. Imports of the subject merchandise 1 See Prestressed Concrete Steel Wire Strand from China; Institution of Five-Year Reviews, 85 FR 54401 (September 1, 2020). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348 (September 1, 2020). 3 See Notice of Antidumping Duty Order: Prestressed Concrete Steel Wire Strand from the People’s Republic of China, 75 FR 37382 (June 29, 2010); and Prestressed Concrete Steel Wire Strand from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 75 FR 38977 (July 7, 2010) (collectively, Orders). 4 See Prestressed Concrete Steel Wire Strand from the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 85 FR 86908 (December 31, 2020); and Final Results of Expedited Sunset Review of Countervailing Duty Order: Prestressed Concrete Steel Wire Strand From the People’s Republic of China, 86 FR 86904 (December 31, 2020). 5 See Prestressed Concrete Steel Wire Strand from China, 86 FR 23739 (May 4, 2021). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 are currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or a recurrence of dumping and net countervailable subsidies, as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders on PC strand from China. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: May 4, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–09841 Filed 5–7–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB055] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices Notice; issuance of incidental harassment authorization. ACTION: NMFS has received a request from the U.S. Army Corps of Engineers (USACE) 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 B harassment only, incidental to construction associated with the Coos Bay North Jetty maintenance and repairs project in Coos Bay, Oregon. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from September 1, 2020, through August 31, 2021. The USACE has requested reissuance with new effective dates of September 1, 2021, through August 31, 2022. 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 September 1, 2021 through August 31, 2022. ADDRESSES: An electronic copy of the final 2020 IHA previously issued to the USACE, the USACE’s 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-us-armycorps-engineers-north-jettymaintenance-and-repairs. 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: khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 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 March 18, 2019, NMFS received a request from USACE for two IHAs to take marine mammals incidental to vibratory pile driving and removal associated with the North Jetty maintenance and repairs project, Coos Bay, Oregon over the course of two years with pile installation occurring during Year 1 and pile removal occurring during Year 2. The application was deemed adequate and complete on September 10, 2019. The USACE’s request was for take of a small number of seven species of marine mammals by Level B harassment only. Neither USACE nor NMFS expects injury, serious injury or mortality to result from this activity and, therefore, IHAs are appropriate. The USACE, in coordination with the Oregon Department of Fish and Wildlife (ODFW) and NMFS’ Northwest Region, plans to conduct pile driving and removal October 1st through February 15th and June 1st and July 31st to minimize effects to listed salmonids. Adherence to the in-water work window is part of USACE’s Endangered Species PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 24851 Act (ESA) consultation under Standard Local Operating Procedures for Endangered Species (SLOPES) to administer actions authorized or carried out by the USACE in Oregon (SLOPES IV In-water Over-water Structures). The ODFW will make the final determination of the in-water work window. On January 3, 2020, NMFS issued the two IHAs to the USACE. The Year 1 IHA was effective from September 1, 2020 through August 31, 2021 and the Year 2 IHA was effective July 1, 2022 through June 30, 2023. On February 20, 2021, the USACE notified NMFS that the project had been delayed. None of the work identified in the year 1 IHA (e.g., pile installation) has occurred. The USACE submitted a request for a new identical IHA for Year 1 of construction that would be effective from September 1, 2021 through August 31, 2022, in order to conduct the construction work that was analyzed and authorized through the previously issued IHA (hereafter referred to as the initial 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 the USACE’s construction project is to repair critically damaged sections of the Coos Bay North Jetty, monitor erosion, and to maintain stable deep-draft navigation through the entrance into Coos Bay. Repair activities completed now will reduce the risk of jetty failure or a potential breach of the Coos Bay North Spit (CBNS). The USACE maintains this jetty system and navigational channels, and is planning on conducting major repairs and rehabilitation of the North Jetty. The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the initial IHA. The mitigation and monitoring are also as prescribed in the initial IHA. Species that are expected to be taken by the planned activity include the harbor seal (Phoca vitulina), northern elephant seal (Mirounga angustirostris), Steller sea lion (Eumetopias jubatus), California sea lion (Zalophus californianus), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena phocoena), and killer whale (Orcinus orca). A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that E:\FR\FM\10MYN1.SGM 10MYN1 24852 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices 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 initial IHA, which include the Federal Register notice of the issuance of the initial Year 1 and Year 2 IHAs for the USACE’s construction work (85 FR 1140; January 9, 2020), the USACE’s application, the Federal Register notice of the proposed IHAs (84 FR 56781; October 23, 2019), and all associated references and documents. Determinations The USACE will conduct activities as analyzed in the initial 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 Year 1 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) the USACE’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. khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 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. 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 USACE for in-water construction activities associated with the specified activity from September 1, 2021 through August 31, 2022. All previously described mitigation, monitoring, and reporting requirements from the initial Year 1 IHA are incorporated. Dated: May 5, 2021. Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–09867 Filed 5–7–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2021–0027] Grant of Interim Extension of the Term of U.S. Patent No. 9,364,354; Reducer® United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of interim patent term extension. AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 The United States Patent and Trademark Office has issued an order granting interim extension for a oneyear interim extension of the term of U.S. Patent No. 9,364,354. SUMMARY: Ali Salimi by telephone at (571) 272–0909; by mail marked to his attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to his attention at (571) 273–0909; or by email to ali.salimi@uspto.gov. FOR FURTHER INFORMATION CONTACT: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to one year if the regulatory review is anticipated to extend beyond the expiration date of the patent. SUPPLEMENTARY INFORMATION: On April 20, 2021, Neovasc Medical Ltd., the patent owner of record, timely filed an application under 35 U.S.C. 156(d)(5) for a second interim extension of the term of U.S. Patent No. 9,364,354. The patent claims the catheter implantable device, Reducer®. The application for patent term extension indicates that a Premarket Approval Application (PMA) P190035 was submitted to the Food and Drug Administration (FDA) on December 31, 2019. Review of the patent term extension application indicates that, except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because the regulatory review period will continue beyond the once-extended expiration date of the patent, June 6, 2021, a second interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. A second interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 9,364,354 is granted for a period of one year from the onceextended expiration date of the patent. Robert Bahr, Deputy Commissioner for Patents, United States Patent and Trademark Office. [FR Doc. 2021–09846 Filed 5–7–21; 8:45 am] BILLING CODE 3510–16–P E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24850-24852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09867]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB055]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the North Jetty Maintenance and 
Repairs Project in Coos Bay, Oregon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 24851]]


ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from the U.S. Army Corps of 
Engineers (USACE) 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 B harassment only, incidental to construction 
associated with the Coos Bay North Jetty maintenance and repairs 
project in Coos Bay, Oregon. The project has been delayed and none of 
the work covered in the initial IHA has been conducted. The initial IHA 
was effective from September 1, 2020, through August 31, 2021. The 
USACE has requested re-issuance with new effective dates of September 
1, 2021, through August 31, 2022. 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 September 1, 2021 through 
August 31, 2022.

ADDRESSES: An electronic copy of the final 2020 IHA previously issued 
to the USACE, the USACE's 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-us-army-corps-engineers-north-jetty-maintenance-and-repairs. 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 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 March 18, 2019, NMFS received a request from USACE for two IHAs 
to take marine mammals incidental to vibratory pile driving and removal 
associated with the North Jetty maintenance and repairs project, Coos 
Bay, Oregon over the course of two years with pile installation 
occurring during Year 1 and pile removal occurring during Year 2. The 
application was deemed adequate and complete on September 10, 2019. The 
USACE's request was for take of a small number of seven species of 
marine mammals by Level B harassment only. Neither USACE nor NMFS 
expects injury, serious injury or mortality to result from this 
activity and, therefore, IHAs are appropriate. The USACE, in 
coordination with the Oregon Department of Fish and Wildlife (ODFW) and 
NMFS' Northwest Region, plans to conduct pile driving and removal 
October 1st through February 15th and June 1st and July 31st to 
minimize effects to listed salmonids. Adherence to the in-water work 
window is part of USACE's Endangered Species Act (ESA) consultation 
under Standard Local Operating Procedures for Endangered Species 
(SLOPES) to administer actions authorized or carried out by the USACE 
in Oregon (SLOPES IV In-water Over-water Structures). The ODFW will 
make the final determination of the in-water work window. On January 3, 
2020, NMFS issued the two IHAs to the USACE. The Year 1 IHA was 
effective from September 1, 2020 through August 31, 2021 and the Year 2 
IHA was effective July 1, 2022 through June 30, 2023. On February 20, 
2021, the USACE notified NMFS that the project had been delayed. None 
of the work identified in the year 1 IHA (e.g., pile installation) has 
occurred. The USACE submitted a request for a new identical IHA for 
Year 1 of construction that would be effective from September 1, 2021 
through August 31, 2022, in order to conduct the construction work that 
was analyzed and authorized through the previously issued IHA 
(hereafter referred to as the initial 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 the USACE's construction project is to repair 
critically damaged sections of the Coos Bay North Jetty, monitor 
erosion, and to maintain stable deep-draft navigation through the 
entrance into Coos Bay. Repair activities completed now will reduce the 
risk of jetty failure or a potential breach of the Coos Bay North Spit 
(CBNS). The USACE maintains this jetty system and navigational 
channels, and is planning on conducting major repairs and 
rehabilitation of the North Jetty. The location, timing, and nature of 
the activities, including the types of equipment planned for use, are 
identical to those described in the initial IHA. The mitigation and 
monitoring are also as prescribed in the initial IHA.
    Species that are expected to be taken by the planned activity 
include the harbor seal (Phoca vitulina), northern elephant seal 
(Mirounga angustirostris), Steller sea lion (Eumetopias jubatus), 
California sea lion (Zalophus californianus), gray whale (Eschrichtius 
robustus), harbor porpoise (Phocoena phocoena), and killer whale 
(Orcinus orca). A description of the methods and inputs used to 
estimate take anticipated to occur and, ultimately, the take that

[[Page 24852]]

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 initial IHA, which include 
the Federal Register notice of the issuance of the initial Year 1 and 
Year 2 IHAs for the USACE's construction work (85 FR 1140; January 9, 
2020), the USACE's application, the Federal Register notice of the 
proposed IHAs (84 FR 56781; October 23, 2019), and all associated 
references and documents.

Determinations

    The USACE will conduct activities as analyzed in the initial 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 Year 1 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) the USACE'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.
    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 USACE for in-water construction 
activities associated with the specified activity from September 1, 
2021 through August 31, 2022. All previously described mitigation, 
monitoring, and reporting requirements from the initial Year 1 IHA are 
incorporated.

    Dated: May 5, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-09867 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-22-P
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