Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of Massachusetts; Correction, 30434-30435 [2021-11910]

Download as PDF 30434 Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices • No biologically important area is present in or near the construction area. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the activity will have a negligible impact on all affected marine mammal species or stocks. Small Numbers As noted above, only small numbers of incidental take may be authorized under section 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is less than one third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities. NMFS authorizes incidental take of 5 marine mammal stocks. The total amount of take authorized is three percent or less for all five of these stocks (Table 11). Based on the analysis contained herein of the activity (including the prescribed mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks. Unmitigable Adverse Impact Analysis and Determination jbell on DSKJLSW7X2PROD with NOTICES There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. Endangered Species Act (ESA) 16:36 Jun 07, 2021 Jkt 253001 Authorization As a result of these determinations, NMFS has issued an IHA to the Navy for the taking of marine mammals incidental to modification and expansion of the Portsmouth Naval Shipyard Dry Dock 1 in Kittery, Maine, effective for one year from the date of issuance, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. A copy of the final IHA can be found at https://www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. Dated: June 3, 2021. Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–11983 Filed 6–7–21; 8:45 am] BILLING CODE 3510–22–P proposed authorization and possible renewal; correction. This document contains corrections to the DATES section of the notice of modified proposed incidental harassment authorization (IHA) for take of marine mammals incidental to marine site characterization surveys in coastal waters of Massachusetts published in the Federal Register on May 20, 2021. This action is necessary to notify the public of the end date of the public comment period, which was inadvertently omitted from the notice. This document corrects that omission; all other information is unchanged. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Written comments should be submitted via email to ITP.Pauline@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, including all attachments, must not exceed a 25megabyte file size. All comments received are a part of the public record and will generally be posted online at 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: Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB131] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of Massachusetts; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; modified proposal of an incidental harassment authorization; request for comments on modified AGENCY: 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. VerDate Sep<11>2014 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 (i.e., the issuance of an IHA) with respect to potential impacts on the human environment. This action is consistent with categories of activities identified in Categorical Exclusion B4 (IHA with no anticipated serious injury or mortality) 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 NMFS has not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 NMFS published a notice of a modified proposed IHA in the Federal Register on May 20, 2021 (86 FR 27393), based on a request from Mayflower Wind Energy LLC (Mayflower) for authorization to take marine mammals incidental to site characterization surveys off the coast of Massachusetts in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS–A 0521) and along potential submarine cable routes to landfall locations at Falmouth, Massachusetts and near Narragansett Bay. The information in the notice of modified proposed IHA is not repeated here. As published, the notice of modified proposed IHA (86 FR 27393; May 20, E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The Correction Renewal requirements have been In the Federal Register of May 20, satisfied, and NMFS is now providing 2021, in FR Doc. 2021–10551, on page an additional 15-day comment period to 27394, in the first column, correct the allow for any additional comments on DATES section to read as follows: the proposed Renewal not previously DATES: Comments and information must provided during the initial 30-day comment period. be received no later than June 21, 2021. DATES: Comments and information must The closing date for public comments be received no later than June 23, 2021. ADDRESSES: Comments should be regarding the notice of modified addressed to Jolie Harrison, Chief, proposed IHA published on May 20, Permits and Conservation Division, 2021 (86 FR 27393) in the Federal Office of Protected Resources, National Register is June 21, 2021. Marine Fisheries Service. Written Dated: June 2, 2021. comments should be submitted via Catherine Marzin, email to ITP.tyson.moore@noaa.gov. Acting Director, Office of Protected Resources, Instructions: NMFS is not responsible National Marine Fisheries Service. for comments sent by any other method, [FR Doc. 2021–11910 Filed 6–7–21; 8:45 am] to any other address or individual, or BILLING CODE 3510–22–P received after the end of the comment period. Comments, including all attachments, must not exceed a 25DEPARTMENT OF COMMERCE megabyte file size. All comments received are a part of the public record National Oceanic and Atmospheric and will generally be posted online at Administration https://www.fisheries.noaa.gov/permit/ [RTID 0648–XB067] incidental-take-authorizations-undermarine-mammal-protection-act without Takes of Marine Mammals Incidental to change. All personal identifying Specified Activities; Taking Marine information (e.g., name, address) Mammals Incidental to Marine Site voluntarily submitted by the commenter Characterization Surveys Offshore of may be publicly accessible. Do not Massachusetts, Rhode Island, submit confidential business Connecticut, and New York information or otherwise sensitive or protected information. AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and Reny Tyson Moore, Office of Protected Atmospheric Administration (NOAA), Resources, NMFS, (301) 427–8401. Commerce. ACTION: Notice; request for comments on Electronic copies of the original proposed renewal incidental harassment application, Renewal request, and supporting documents (including NMFS authorization. Federal Register notices of the original SUMMARY: NMFS received a request from proposed and final authorizations, and Vineyard Wind, LLC (Vineyard Wind) the previous IHA), as well as a list of the for the Renewal of their currently active references cited in this document, may incidental harassment authorization be obtained online at: https:// (IHA) to take marine mammals www.fisheries.noaa.gov/permit/ incidental to marine site incidental-take-authorizations-undercharacterization survey activities off the marine-mammal-protection-act. In case coast of Massachusetts in the areas of of problems accessing these documents, the Commercial Lease of Submerged please call the contact listed above. Lands for Renewable Energy SUPPLEMENTARY INFORMATION: Development on the Outer Continental Background Shelf (OCS–A 0501 and OCS–A 0522) and along potential submarine cable The Marine Mammal Protection Act routes to landfall locations in (MMPA) prohibits the ‘‘take’’ of marine Massachusetts, Rhode Island, mammals, with certain exceptions. Connecticut, and New York. These Sections 101(a)(5)(A) and (D) of the activities consist of activities that are MMPA (16 U.S.C. 1361 et seq.) direct covered by the current authorization but the Secretary of Commerce (as delegated will not be completed prior to its to NMFS) to allow, upon request, the expiration. Pursuant to the Marine incidental, but not intentional, taking of Mammal Protection Act (MMPA), prior small numbers of marine mammals by to issuing the currently active IHA, U.S. citizens who engage in a specified jbell on DSKJLSW7X2PROD with NOTICES 2021) omitted the DATES section including the closing date of the comment period. VerDate Sep<11>2014 16:36 Jun 07, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 30435 activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed 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. NMFS’ regulations implementing the MMPA at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods of time not to exceed one year for each reauthorization. In the notice of proposed IHA for the initial authorization, NMFS described the circumstances under which we would consider issuing a Renewal for this activity and requested public comment on a potential Renewal under those circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime, one-year Renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical or nearly identical, or nearly identical, activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice is planned or (2) the activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice would not be completed by the time the initial IHA expires and a Renewal would allow for completion of the activities beyond that described in the DATES section of the notice of issuance of the initial IHA, provided all of the following conditions are met: (1) A request for Renewal is received no later than 60 days prior to the needed Renewal IHA effective date (recognizing that the Renewal IHA expiration date E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30434-30435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB131]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Site Characterization Surveys Off 
the Coast of Massachusetts; Correction

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

ACTION: Notice; modified proposal of an incidental harassment 
authorization; request for comments on modified proposed authorization 
and possible renewal; correction.

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SUMMARY: This document contains corrections to the DATES section of the 
notice of modified proposed incidental harassment authorization (IHA) 
for take of marine mammals incidental to marine site characterization 
surveys in coastal waters of Massachusetts published in the Federal 
Register on May 20, 2021. This action is necessary to notify the public 
of the end date of the public comment period, which was inadvertently 
omitted from the notice. This document corrects that omission; all 
other information is unchanged.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email 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, including all attachments, must 
not exceed a 25-megabyte file size. All comments received are a part of 
the public record and will generally be posted online at 
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: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    NMFS published a notice of a modified proposed IHA in the Federal 
Register on May 20, 2021 (86 FR 27393), based on a request from 
Mayflower Wind Energy LLC (Mayflower) for authorization to take marine 
mammals incidental to site characterization surveys off the coast of 
Massachusetts in the area of the Commercial Lease of Submerged Lands 
for Renewable Energy Development on the Outer Continental Shelf (OCS-A 
0521) and along potential submarine cable routes to landfall locations 
at Falmouth, Massachusetts and near Narragansett Bay. The information 
in the notice of modified proposed IHA is not repeated here. As 
published, the notice of modified proposed IHA (86 FR 27393; May 20,

[[Page 30435]]

2021) omitted the DATES section including the closing date of the 
comment period.

Correction

    In the Federal Register of May 20, 2021, in FR Doc. 2021-10551, on 
page 27394, in the first column, correct the DATES section to read as 
follows:

DATES: Comments and information must be received no later than June 21, 
2021.

    The closing date for public comments regarding the notice of 
modified proposed IHA published on May 20, 2021 (86 FR 27393) in the 
Federal Register is June 21, 2021.

    Dated: June 2, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-11910 Filed 6-7-21; 8:45 am]
BILLING CODE 3510-22-P

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