Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Marine Structure Maintenance and Pile Replacement in Washington, 33682-33683 [2021-13566]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
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 NMFS proposes to
authorize take for endangered or
threatened species, in this case with
NMFS Greater Atlantic Regional
Fisheries Office (GARFO).
The NMFS OPR is authorizing the
incidental take of four species of marine
mammals which are listed under the
ESA: North Atlantic right, fin, sei, and
sperm whales. The OPR requested
initiation of Section 7 consultation with
NMFS GARFO on April 19, 2021, for the
issuance of the IHA. On June 1, 2021,
NMFS GARFO determined that issuance
of the IHA to Garden State is not likely
to adversely affect the North Atlantic,
fin, sei, or sperm whale or result in take
of any marine mammals that would
violate the ESA.
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 (IHAs 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 have 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.
lotter on DSK11XQN23PROD with NOTICES1
Authorization
NMFS has issued an IHA to Garden
State for the potential harassment of
small numbers of 16 marine mammal
species (with 17 managed stocks)
incidental to conducting marine site
characterization surveys offshore of
Delaware and New Jersey in the area of
the Commercial Lease of Submerged
Lands for Renewable Energy
Development on the Outer Continental
Shelf (OCS–A 0482) and along potential
export cable routes to landfall locations
in Delaware and New Jersey, provided
the previously mentioned mitigation,
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monitoring, and reporting requirements
are followed.
Dated: June 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–13530 Filed 6–24–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB168]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine
Structure Maintenance and Pile
Replacement in Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of letters of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that two Letters of
Authorization (LOA) have been issued
to the U.S. Navy (Navy) for the take of
marine mammals incidental to
maintenance construction activities at
facilities in Washington.
DATES: The LOAs are effective from July
16, 2021, through January 15, 2022, and
from July 16, 2021, through February 15,
2022.
ADDRESSES: The LOAs and supporting
documentation are available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
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 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
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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.
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 April 17, 2019, we issued a final
rule upon request from the Navy for
authorization to take marine mammals
incidental to maintenance construction
activities at six facilities in Washington
(84 FR 15963). The Navy plans to
conduct construction necessary for
maintenance of existing in-water
structures at the following facilities:
Naval Base Kitsap (NBK) Bangor, NBK
Bremerton, NBK Keyport, NBK
Manchester, Zelatched Point, and Naval
Station Everett (NS Everett). These
repairs include use of impact and
vibratory pile driving, including
installation and removal of steel,
concrete, plastic, and timber piles. The
use of both vibratory and impact pile
driving is expected to produce
underwater sound at levels that have the
potential to result in harassment of
marine mammals.
For the 2021–22 in-water work
season, the Navy requested issuance of
LOAs for work planned at NBK
Manchester and NBK Bangor. The Navy
submitted site-specific monitoring
plans. Following NMFS review and
approval of the required plans, we have
issued the requested LOAs. The
approved plans are available online at:
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa.
For the 2020–21 in-water work
season, the Navy requested issuance of
LOAs for work planned at NBK
Manchester and Zelatched Point. The
work planned for NBK Manchester was
delayed and will now occur during the
2021–22 work season. The Navy
submitted a monitoring report for work
conducted at Zelatched Point, which is
available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa.
Authorization
We have issued two LOAs to the Navy
authorizing the take of marine mammals
incidental to maintenance construction
activities, as described above. Take of
marine mammals will be minimized
through the implementation of the
following planned mitigation measures:
(1) Required monitoring of the
construction areas to detect the presence
of marine mammals before beginning
construction activities; (2) shutdown of
construction activities under certain
circumstances to avoid injury of marine
mammals; and (3) soft start for impact
pile driving to allow marine mammals
the opportunity to leave the area prior
to beginning impact pile driving at full
power. Additionally, the rule includes
an adaptive management component
that allows for timely modification of
mitigation or monitoring measures
based on new information, when
appropriate. The Navy will submit
reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under these LOAs will have a negligible
impact on marine mammal stocks and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stock for subsistence
uses.
lotter on DSK11XQN23PROD with NOTICES1
Dated: June 22, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–13566 Filed 6–24–21; 8:45 am]
BILLING CODE 3510–22–P
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18:38 Jun 24, 2021
Jkt 253001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; NOAA Customer Surveys
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on March 2,
2021 (86 FR 12179), during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic &
Atmospheric Administration,
Commerce.
Title: NOAA Customer Surveys.
OMB Control Number: 0648–0342.
Form Number(s): None.
Type of Request: Regular submission
[Revision and extension of a current
information collection.].
Number of Respondents: 65,860
(197,580 for 3-year period).
Average Hours per Response:
Response time varies from 5 minutes for
most web surveys to two hours for focus
groups or interviews.
Total Annual Burden Hours: 9,298
(27,894 for 3-year period).
Needs and Uses: This request is for a
revision and extension of a currently
approved generic information
collection.
This collection follows the guidelines
contained in the OMB Resource Manual
for Customer Surveys. In accordance
with Executive Order 12862, the
National Performance Review, and good
management practices, National
Oceanic and Atmospheric
Administration (NOAA) offices seek
approval to continue to gather customer
feedback on services and/or products
which can be used in planning for
service/product modification and
prioritization. Under this generic
clearance, individual offices would use
approved questionnaires and develop
new questionnaires, as needed, by
selecting subsets of the approved set of
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33683
collection questions and tailoring those
specific questions to be meaningful for
their particular programs. Surveys
currently typically include IT and
website satisfaction surveys, Weather
Service product surveys, and National
Marine Sanctuary participation surveys,
among others.
This generic clearance will not be
used to survey any bodies NOAA
regulates unless precautions are taken to
ensure that the respondents believe that
they are not under any risk for not
responding or for the contents of their
responses, e.g., in no survey to such a
population will the names and
addresses of respondents be required.
Two sets of survey questions are used
for generation of program-level
questionnaires. Quantitative questions
seek to obtain numerical ratings from
respondents on their satisfaction with
various aspects of the product or service
they obtained—satisfaction with the
quality of the product, the courtesy of
the staff, the format of and
documentation for data received, and
similar standard types of questions. The
offices using such questions are able to
determine which aspects of their
program need improvement or have
improved. Qualitative questions are
more focused on who is using the
product and service, how it is being
used, and the medium or format in
which the respondent would like to see
data provided.
NOAA seeks to add new questions to
the approved question bank in order to
more accurately reflect information
required by NOAA in order to carry out
its mission. Additionally, the number of
anticipated respondents, responses, and
burden hours have been updated to
more accurately reflect the burden
imposed by this collection.
Affected Public: Individuals or
households; Business or other for-profit
organizations; Not-for-profit
institutions; State, Local, or Tribal
government; Federal government;
Farms.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Executive Order
12862, Circular A–11.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
E:\FR\FM\25JNN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33682-33683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13566]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB168]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine Structure Maintenance and Pile
Replacement in Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letters of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that two Letters of Authorization (LOA) have been issued to the U.S.
Navy (Navy) for the take of marine mammals incidental to maintenance
construction activities at facilities in Washington.
DATES: The LOAs are effective from July 16, 2021, through January 15,
2022, and from July 16, 2021, through February 15, 2022.
ADDRESSES: The LOAs and supporting documentation are available online
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
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 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.
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 April 17, 2019, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to maintenance
construction activities at six facilities in Washington (84 FR 15963).
The Navy plans to conduct construction necessary for maintenance of
existing in-water structures at the following facilities: Naval Base
Kitsap (NBK) Bangor, NBK Bremerton, NBK Keyport, NBK Manchester,
Zelatched Point, and Naval Station Everett (NS Everett). These repairs
include use of impact and vibratory pile driving, including
installation and removal of steel, concrete, plastic, and timber piles.
The use of both vibratory and impact pile driving is expected to
produce underwater sound at levels that have the potential to result in
harassment of marine mammals.
For the 2021-22 in-water work season, the Navy requested issuance
of LOAs for work planned at NBK Manchester and NBK Bangor. The Navy
submitted site-specific monitoring plans. Following NMFS review and
approval of the required plans, we have issued the requested LOAs. The
approved plans are available online at:
[[Page 33683]]
www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.
For the 2020-21 in-water work season, the Navy requested issuance
of LOAs for work planned at NBK Manchester and Zelatched Point. The
work planned for NBK Manchester was delayed and will now occur during
the 2021-22 work season. The Navy submitted a monitoring report for
work conducted at Zelatched Point, which is available online at:
www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.
Authorization
We have issued two LOAs to the Navy authorizing the take of marine
mammals incidental to maintenance construction activities, as described
above. Take of marine mammals will be minimized through the
implementation of the following planned mitigation measures: (1)
Required monitoring of the construction areas to detect the presence of
marine mammals before beginning construction activities; (2) shutdown
of construction activities under certain circumstances to avoid injury
of marine mammals; and (3) soft start for impact pile driving to allow
marine mammals the opportunity to leave the area prior to beginning
impact pile driving at full power. Additionally, the rule includes an
adaptive management component that allows for timely modification of
mitigation or monitoring measures based on new information, when
appropriate. The Navy will submit reports as required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under these LOAs
will have a negligible impact on marine mammal stocks and will not have
an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses.
Dated: June 22, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-13566 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-22-P
