Endangered and Threatened Species; Notice of Initiation of a 5-Year Review of the Sperm Whale, 28577-28578 [2021-11190]

Download as PDF Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices change; understanding land use and human impacts; community-relevant engagement; and long-term ecosystem monitoring. Since 2012, the reserve has undergone significant state agency administration transition from the Alaska Department of Fish and Game, Division of Sport Fish to the University of AlaskaAnchorage, College of Arts and Sciences, Alaska Center for Conservation Science. With the administrative transition, the reserve staff and programs have relocated from the Alaska Islands and Ocean Visitor Center to the reserve’s Field Station modular office and bunkhouse. Due to the change in facilities, some of the education and training programs have changed, but many of the core research, monitoring, education, and training activities have remained the same. The revised management plan, once approved, would serve as the guiding document for the 372,000-acre Kachemak Bay National Estuarine Research Reserve for the next five years. NOAA’s Office for Coastal Management analyzes the environmental impacts of the proposed approval of this draft revised management plan in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4332(2)(C), and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500–1508). The public is invited to comment on the draft revised management plan. NOAA will take these comments into consideration in deciding whether to approve the draft revised management plan in whole or in part. (Authority: 16 U.S.C. 1451 et seq.; 15 CFR 921.33.) Keelin S. Kuipers, Deputy Director, Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2021–11270 Filed 5–26–21; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF COMMERCE jbell on DSKJLSW7X2PROD with NOTICES National Oceanic and Atmospheric Administration [RTID 0648–XB029] Endangered and Threatened Species; Notice of Initiation of a 5-Year Review of the Sperm Whale National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for information. NMFS announces the initiation of a 5-year review for the sperm whale (Physeter macrocephalus). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the listing classifications of species are accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review. We request submission of any such information on the sperm whale, particularly information on the status, threats, and recovery of the species that has become available since its last status review in 2015. DATES: To allow us adequate time to conduct this review, we must receive your information no later than July 26, 2021. ADDRESSES: You may submit information on this document, identified by NOAA–NMFS–2021–0041, by the following method: • Electronic Submission: Submit electronic information via the Federal eRulemaking Portal. Go to www.regulations.gov and enter NOAA– NMFS–2021–0041 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the specified period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive or protected information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous submissions (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Caroline Good by phone at (301) 427– 8445 or Caroline.Good@noaa.gov. SUPPLEMENTARY INFORMATION: This notice announces our review of the sperm whale (Physeter macrocephalus) listed as endangered under the ESA. Section 4(c)(2)(A) of the ESA requires that we conduct a review of listed species at least once every 5 years. The regulations in 50 CFR 424.21 require that we publish a notice in the Federal Register announcing species currently under active review. On the basis of such reviews under section 4(c)(2)(B), SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 28577 we determine whether any species should be removed from the list (i.e., delisted) or reclassified from endangered to threatened or from threatened to endangered (16 U.S.C. 1533(c)(2)(B)). As described by the regulations in 50 CFR 424.11(e), the Secretary shall delist a species if the Secretary finds that, after conducting a status review based on the best scientific and commercial data available: (1) The species is extinct; (2) the species does not meet the definition of an endangered species or a threatened species; and/or (3) the listed entity does not meet the statutory definition of a species. Any change in Federal classification would require a separate rulemaking process. Background information on the species is available on the NMFS website at: https:// www.fisheries.noaa.gov/species/spermwhale. Public Solicitation of New Information To ensure that the review is complete and based on the best available scientific and commercial information, we are soliciting new information from the public, governmental agencies, Tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of Physeter macrocephalus. Categories of requested information include: (1) Species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics; (2) habitat conditions including, but not limited to, amount, distribution, and important features for conservation; (3) status and trends of threats to the species and its habitats; (4) conservation measures that have been implemented that benefit the species, including monitoring data demonstrating effectiveness of such measures; and (5) other new information, data, or corrections including, but not limited to, taxonomic or nomenclatural changes and improved analytical methods for evaluating extinction risk. If you wish to provide information for the review, you may submit your information and materials electronically (see ADDRESSES section). We request that all information be accompanied by supporting documentation such as maps, bibliographic references, or reprints of pertinent publications. E:\FR\FM\27MYN1.SGM 27MYN1 28578 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices Authority: 16 U.S.C. 1531 et seq. Margaret H. Miller, Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–11190 Filed 5–26–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB087] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an IHA to Chevron Products Company (Chevron) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California. DATES: This authorization is effective from June 1, 2021 through May 31, 2022. FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of Protected Resources, NMFS, (301) 427– 8401. Electronic copies of the application, 2019 and 2020 IHAs, and supporting documents (including NMFS Federal Register notices of the earlier proposed and final authorizations, and the previous IHAs), as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 exceptions. 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 incidental take authorization is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as ‘‘mitigation measures’’). Monitoring and reporting of such takings are also required. The meaning of key terms such as ‘‘take,’’ ‘‘harassment,’’ and ‘‘negligible impact’’ can be found in section 3 of the MMPA (16 U.S.C. 1362) and the agency’s regulations at 50 CFR 216.103. History of Request On February 1, 2018, NMFS received a request from Chevron for an IHA to take marine mammals incidental to pile driving and pile removal associated with the LWMEP in San Francisco Bay, California. An IHA was issued on May 31, 2018 (83 FR 27548, June 13, 2018). Chevron was unable to complete all of the planned work and was issued a second IHA on June 1, 2019 (84 FR 28474, June 19, 2019) and when the work was again not completed a Renewal IHA was issued on June 11, 2020 (85 FR 37064; June 19, 2020). Chevron was again unable to complete the work in 2020 and on February 24, 2021 requested a new IHA to authorize take of marine mammals for the subset of the initially planned work that could not be completed. The application was deemed adequate and complete on March 22, 2021. Chevron requested the new IHA be effective from June 1, 2021 through May 31, 2022. Chevron does not PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 qualify for an additional renewal IHA, but given the proposed work is a subset of that which has been previously analyzed, we will be referencing the prior authorization except where activities or analysis have changed as described below. Comments and Responses A notice of NMFS’s proposal to issue an IHA to Chevron was published in the Federal Register on April 6, 2021 (86 FR 17777). That notice described, in detail, Chevron’s activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received comments from the U.S. Geological Survey that they have ‘‘no comment at this time’’. No changes have been made from the proposed IHA to the final IHA. Description of the Specified Activities and Anticipated Impacts As described in the 2018, 2019 and 2020 IHAs, Chevron is upgrading Long Wharf to comply with current Marine Oil Terminal Engineering and Maintenance Standards and in order to accept more modern, fuel efficient vessels. The remaining work includes installing four new standoff fenders and removing obsolete piles at Berth 2 and installing four new dolphins and removing temporary piles associated with the prior work at Berth 4. Remaining construction at Long Wharf includes vibratory pile installation of 52 14-inch composite piles, vibratory removal of 150 piles (eight 36-inch steel piles, 36 14-inch steel H piles, and 106 16-inch timber piles) and impact installation of nine 24-inch concrete piles (Table 1). A detailed description of the planned project is provided in the Federal Register notice for the proposed IHA (86 FR 17777; April 6, 2021). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity. The activities consist of 36 days of in-water work. Pile driving and removal activities will continue to occur within the standard NMFS work windows for Endangered Species Act (ESA)-listed fish species (June 1 through November 30). The prior IHAs included Level A harassment take associated with installation of larger piles that has since been completed, therefore no Level A harassment take is requested or proposed for this IHA. E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28577-28578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB029]


Endangered and Threatened Species; Notice of Initiation of a 5-
Year Review of the Sperm Whale

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

ACTION: Notice; request for information.

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

SUMMARY: NMFS announces the initiation of a 5-year review for the sperm 
whale (Physeter macrocephalus). NMFS is required by the Endangered 
Species Act (ESA) to conduct 5-year reviews to ensure that the listing 
classifications of species are accurate. The 5-year review must be 
based on the best scientific and commercial data available at the time 
of the review. We request submission of any such information on the 
sperm whale, particularly information on the status, threats, and 
recovery of the species that has become available since its last status 
review in 2015.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than July 26, 2021.

ADDRESSES: You may submit information on this document, identified by 
NOAA-NMFS-2021-0041, by the following method:
     Electronic Submission: Submit electronic information via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter 
NOAA-NMFS-2021-0041 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the specified 
period, may not be considered. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive or protected information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous submissions (enter ``N/A'' in the required fields if you wish 
to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Caroline Good by phone at (301) 427-
8445 or [email protected].

SUPPLEMENTARY INFORMATION: This notice announces our review of the 
sperm whale (Physeter macrocephalus) listed as endangered under the 
ESA. Section 4(c)(2)(A) of the ESA requires that we conduct a review of 
listed species at least once every 5 years. The regulations in 50 CFR 
424.21 require that we publish a notice in the Federal Register 
announcing species currently under active review. On the basis of such 
reviews under section 4(c)(2)(B), we determine whether any species 
should be removed from the list (i.e., delisted) or reclassified from 
endangered to threatened or from threatened to endangered (16 U.S.C. 
1533(c)(2)(B)). As described by the regulations in 50 CFR 424.11(e), 
the Secretary shall delist a species if the Secretary finds that, after 
conducting a status review based on the best scientific and commercial 
data available: (1) The species is extinct; (2) the species does not 
meet the definition of an endangered species or a threatened species; 
and/or (3) the listed entity does not meet the statutory definition of 
a species. Any change in Federal classification would require a 
separate rulemaking process.
    Background information on the species is available on the NMFS 
website at: https://www.fisheries.noaa.gov/species/sperm-whale.

Public Solicitation of New Information

    To ensure that the review is complete and based on the best 
available scientific and commercial information, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of Physeter macrocephalus. 
Categories of requested information include: (1) Species biology 
including, but not limited to, population trends, distribution, 
abundance, demographics, and genetics; (2) habitat conditions 
including, but not limited to, amount, distribution, and important 
features for conservation; (3) status and trends of threats to the 
species and its habitats; (4) conservation measures that have been 
implemented that benefit the species, including monitoring data 
demonstrating effectiveness of such measures; and (5) other new 
information, data, or corrections including, but not limited to, 
taxonomic or nomenclatural changes and improved analytical methods for 
evaluating extinction risk.
    If you wish to provide information for the review, you may submit 
your information and materials electronically (see ADDRESSES section). 
We request that all information be accompanied by supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications.


[[Page 28578]]


    Authority: 16 U.S.C. 1531 et seq.

Margaret H. Miller,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2021-11190 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-22-P


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