Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Newport, Rhode Island, 27069-27070 [2021-10569]

Download as PDF Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Notices Cash Deposit Requirements Because Heze Huayi has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: Were produced and/or exported by Heze Huayi, and were entered, or withdrawn from warehouse, for consumption during the period February 4, 2014, through December 31, 2014. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject merchandise produced and/or exported by Heze Huayi in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review when the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de minimis,21 we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: May 14, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–10675 Filed 5–18–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration khammond on DSKJM1Z7X2PROD with NOTICES [RTID 0648–XB096] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Newport, Rhode Island National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: 21 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 16:43 May 18, 2021 Jkt 253001 Notice; receipt of application for letter of authorization; request for comments and information. ACTION: NMFS has received a request from the U.S. Navy (Navy) for authorization to take small numbers of marine mammals incidental to construction activities including bulkhead replacement and pile driving activities at Naval Station Newport over the course of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Navy’s application and request. DATES: Comments and information must be received no later than June 18, 2021. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be sent by electronic mail to ITP.Egger@ noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments must not exceed a 25-megabyte file size, including all attachments. All comments received are a part of the public record and will generally be posted online at https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected Resources, NMFS, (301) 427–8401. An electronic copy of the Navy’s application may be obtained online at: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 27069 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 incidental take authorization 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 In May 2020, NMFS received an application from the Navy requesting authorization for take of marine mammals incidental to construction activities including bulkhead replacements and repairs at Naval Station Newport. NMFS reviewed the Navy’s application, and the Navy provided responses to NMFS’ questions and comments on February 22, 2021. The requested regulations would be valid for 5 years, from 2022 through 2027. The Navy plans to conduct necessary work, including impact and vibratory pile driving, to repair and replace bulkheads. The proposed action may incidentally expose marine mammals occurring in the vicinity to elevated levels of underwater sound, potentially resulting in incidental take, E:\FR\FM\19MYN1.SGM 19MYN1 27070 Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Notices by Level A and Level B harassment. Therefore, the Navy requests authorization to incidentally take marine mammals. Specified Activities The Navy proposes to replace or repair several sections of deteriorating, unstable, hazardous, and eroding bulkhead, sheet pile, and revetment (approximately 2,730 total linear feet) along the Coddington Cove waterfront of Naval Station Newport in Newport Rhode Island. Over time, the existing storm sewer systems and bulkheads along the Coddington Cove waterfront have severely degraded due to erosion from under-capacity stormwater system piping and aging infrastructure. This impacts the ability of the installation to minimize shoreline erosion and safety risks from associated upland subsidence while maintaining potential berthing space. The Navy expects construction will require approximately 222 nonconsecutive in-water pile driving workdays over the 5 year period. Seven species of marine mammals have been observed in the area and have the potential to be taken by the Navy’s activities. Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’s request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the Navy, if appropriate. Dated: May 14, 2021. Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–10569 Filed 5–18–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB077] khammond on DSKJM1Z7X2PROD with NOTICES Gulf of Mexico Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Gulf of Mexico (GMFMC) and South Atlantic Fishery Management (SAFMC) Councils will hold a joint SUMMARY: VerDate Sep<11>2014 16:43 May 18, 2021 Jkt 253001 workgroup for Section 102 for the Modernizing Recreational Fisheries Management Act of 2018. DATES: The meeting will convene on Thursday, June 3, 2021, from 2 p.m. to 4 p.m., EDT. ADDRESSES: The meeting will take place via webinar. Council address: Gulf of Mexico Fishery Management Council, 4107 W Spruce Street, Suite 200, Tampa, FL 33607; telephone: (813) 348–1630. FOR FURTHER INFORMATION CONTACT: Ryan Rindone, Lead Fishery Biologist, Gulf of Mexico Fishery Management Council; ryan.rindone@gulfcouncil.org, telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: Thursday, June 3, 2021; 2 p.m.–4 p.m. The meeting will begin with introductions, adoption of agenda, approval of minutes from the September 10, 2020, webinar meeting and review the Scope of Work. The Workgroup will receive a presentation on and discuss the National Marine Fisheries Services (NMFS) Allocation and Use of $3.5m Budgeted for the Modern Fish Act of 2018. The Workgroup will then receive a presentation on the flexibility under the Magnuson-Stevens Act for Alternative Management Approaches; and finally, will discuss recommendations to the Councils on Alternative Recreational Management Approaches. The Workgroup will receive Public Comment and discuss any other business items. —Meeting adjourns. The meeting will be broadcast via webinar. You may register for the webinar by visiting www.gulfcouncil.org and clicking on the Workgroup meeting on the calendar. The Agenda is subject to change, and the latest version along with other meeting materials will be posted on www.gulfcouncil.org as they become available. Although other non-emergency issues not on the agenda may come before the Workgroup for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during this meeting. Actions of the Workgroup will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to takeaction to address the emergency. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Authority: 16 U.S.C. 1801 et seq. Dated: May 14, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–10564 Filed 5–18–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Solicitation of Nominations for the Marine Debris Foundation Board of Directors National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of solicitation of nominations. AGENCY: The National Oceanic and Atmospheric Administration is seeking nominations of qualified candidates to be considered for appointment as a member of the Marine Debris Foundation Board of Directors (Board). The Board shall consist of 13 Directors, including the Under Secretary of Commerce for Oceans and Atmosphere. DATES: Nominations to the Board of Directors for the Marine Debris Foundation must be received in entirety no later than 11:59 p.m. EDT on June 30, 2021. Nomination packages received after this time will not be considered. ADDRESSES: All nominations should be emailed (recommended) to marinedebris.foundation@noaa.gov with the subject line ‘‘Marine Debris Foundation Nomination’’, or mailed to Caitlin Wessel, Marine Debris Foundation Nomination, c/o NOAA Disaster Response Center, 7344 Ziegler Blvd., Mobile, AL 36608. FOR FURTHER INFORMATION CONTACT: Caitlin Wessel, Ph.D., Phone 251–222– 0276; Email caitlin.wessel@noaa.gov or visit the NOAA Marine Debris Program website at https://marinedebris. noaa.gov/who-we-are/marine-debrisfoundation. SUMMARY: On December 18, 2020 the passage of the Save Our Seas (SOS) 2.0 Act established the Marine Debris Foundation (Foundation) as a charitable and nonprofit organization. The purposes of the Foundation include encouraging, accepting, and administering private gifts of property for the benefit of, or in connection with, the activities of the National Oceanic and Atmospheric Administration (NOAA) under the SUPPLEMENTARY INFORMATION: E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27069-27070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10569]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB096]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Construction at Naval Station Newport, Rhode 
Island

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take small numbers of marine mammals incidental to 
construction activities including bulkhead replacement and pile driving 
activities at Naval Station Newport over the course of 5 years from the 
date of issuance. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals. NMFS invites the public to 
provide information, suggestions, and comments on the Navy's 
application and request.

DATES: Comments and information must be received no later than June 18, 
2021.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service and should be sent by electronic mail 
to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments must not exceed a 25-megabyte file 
size, including all attachments. All comments received are a part of 
the public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's 
application may be obtained online at: 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 above.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the 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 incidental take authorization 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

    In May 2020, NMFS received an application from the Navy requesting 
authorization for take of marine mammals incidental to construction 
activities including bulkhead replacements and repairs at Naval Station 
Newport. NMFS reviewed the Navy's application, and the Navy provided 
responses to NMFS' questions and comments on February 22, 2021. The 
requested regulations would be valid for 5 years, from 2022 through 
2027. The Navy plans to conduct necessary work, including impact and 
vibratory pile driving, to repair and replace bulkheads. The proposed 
action may incidentally expose marine mammals occurring in the vicinity 
to elevated levels of underwater sound, potentially resulting in 
incidental take,

[[Page 27070]]

by Level A and Level B harassment. Therefore, the Navy requests 
authorization to incidentally take marine mammals.

Specified Activities

    The Navy proposes to replace or repair several sections of 
deteriorating, unstable, hazardous, and eroding bulkhead, sheet pile, 
and revetment (approximately 2,730 total linear feet) along the 
Coddington Cove waterfront of Naval Station Newport in Newport Rhode 
Island. Over time, the existing storm sewer systems and bulkheads along 
the Coddington Cove waterfront have severely degraded due to erosion 
from under-capacity stormwater system piping and aging infrastructure. 
This impacts the ability of the installation to minimize shoreline 
erosion and safety risks from associated upland subsidence while 
maintaining potential berthing space. The Navy expects construction 
will require approximately 222 non-consecutive in-water pile driving 
workdays over the 5 year period. Seven species of marine mammals have 
been observed in the area and have the potential to be taken by the 
Navy's activities.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by the Navy, if appropriate.

    Dated: May 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-10569 Filed 5-18-21; 8:45 am]
BILLING CODE 3510-22-P
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