Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh Restoration Project, Phase III in Monterey County, California, 56631-56633 [2022-19945]
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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
Æ the revocation of {EXPORTING
COMPANY}’s privilege to certify that future
imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from
China subject to these certifications.
I. This certification was completed at time
of shipment or within 45 days of the date on
which Commerce published notice of its
preliminary scope and anti-circumvention
findings in the Federal Register; and
J. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
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Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
{DATE}
[FR Doc. 2022–19966 Filed 9–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–827]
Certain Lemon Juice From the
Republic of South Africa:
Postponement of Final Determination
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is postponing
the deadline for issuing the final
determination in the less-than-fair-value
(LTFV) investigation of certain lemon
juice (lemon juice) from the Republic of
South Africa (South Africa) until
December 19, 2022, and is extending the
provisional measures from a four-month
period to a period of not more than six
months.
AGENCY:
DATES:
Applicable September 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Bremer or Zachary Shaykin,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4987 or
(202) 482–2638, respectively.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
Commerce initiated this investigation
on January 19, 2022.1 The period of
investigation is October 1, 2020, through
September 30, 2021. On August 4, 2022,
1 See
Lemon Juice from Brazil and South Africa:
Initiation of Less-Than-Fair-Value Investigations, 87
FR 3768 (January 25, 2022).
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16:56 Sep 14, 2022
Jkt 256001
Commerce published its Preliminary
Determination.2
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.210(b)(2) provide that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by exporters or producers who account
for a significant proportion of exports of
the subject merchandise, or in the event
of a negative preliminary determination,
a request for such postponement is
made by the petitioner. Further, 19 CFR
351.210(e)(2) requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months, in
accordance with section 733(d) of the
Act.
On September 1, 2022, pursuant to 19
CFR 351.210(e), mandatory respondents
Cape Fruit Processors (Pty) Ltd. (Cape
Fruit) and Granor Passi (Pty). Ltd.
(Granor Passi) requested that Commerce
postpone the deadline for the final
determination until no later than 135
days from the publication of the
Preliminary Determination, and that
provisional measures be extended to a
period not to exceed six months.3 In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the Preliminary
Determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination until no later than 135
days after the date of the publication of
the Preliminary Determination, and
extending the provisional measures
from a four-month period to a period
not greater than six months.
Accordingly, Commerce will issue its
final determination no later than
December 19, 2022.4
2 See Certain Lemon Juice From the Republic of
South Africa: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 87
FR 47707 (August 4, 2022).
3 See Cape Fruit and Granor Passi’s Letter,
‘‘Request for Postponement of the Final
Antidumping Determination—Case Ref A–791–
827,’’ dated September 1, 2022.
4 The actual deadline falls on December 17, 2022,
which is a Saturday. Commerce’s practice dictates
that where a deadline falls on a weekend or Federal
holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
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Fmt 4703
Sfmt 4703
56631
Notification to Interested Parties
This notice is issued and published in
accordance with section 735(a)(2) of the
Act and 19 CFR 351.210(g).
Dated: September 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–19967 Filed 9–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC304]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Elkhorn Slough
Tidal Marsh Restoration Project, Phase
III in Monterey County, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from the California Department of Fish
and Wildlife (CDFW) 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 Pacific
harbor seals (Phoca vitulina), by Level B
harassment only, incidental to the
Elkhorn Slough Restoration Project,
Phase III, at the Seal Bend Restoration
Area in Monterey Country, CA. 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 16, 2021,
through September 15, 2022. CDFW has
requested re-issuance with new effective
dates of September 16, 2022, through
September 15, 2023. 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 16, 2022, through
September 15, 2023.
SUMMARY:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to Tariff Act of 1930, as Amended, 70 FR 24533
(May 10, 2005).
E:\FR\FM\15SEN1.SGM
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56632
Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
An electronic copy of the
final 2021 IHA previously issued to
CDFW, CDFW’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-takeauthorization-tidal-marsh-restorationproject-elkhorn-slough-phase-iii-2021.
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:
ADDRESSES:
lotter on DSK11XQN23PROD with NOTICES1
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,
VerDate Sep<11>2014
16:56 Sep 14, 2022
Jkt 256001
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On September 22, 2021, NMFS
published final notice of our issuance of
an IHA authorizing take of marine
mammals incidental to the Elkhorn
Slough Tidal Marsh Restoration Project,
Phase III (86 FR 52644). The effective
dates of that IHA were September 16,
2021, through September 15, 2022. On
July 12, 2022, CDFW informed NMFS
that the project was delayed. None of
the work identified in the initial IHA
(i.e., restoration work at the Seal Bend
Restoration Area) has occurred. CDFW
submitted a request that we reissue an
identical IHA that would be effective
from September 16, 2022, through
September 15, 2023, in order to conduct
the construction work that was analyzed
and authorized through the previously
issued 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.
Phase III of the Elkhorn Slough Tidal
Marsh Restoration Project will restore
28.6 acres (11.57 hectares) at the Seal
Bend Restoration Area by relocating soil
from an upland area called ‘‘the
borrow’’ through use of heavy earth
moving equipment, within a 12 month
period. A detailed description of the
planned restoration activities is found
in the Federal Register notice for the
proposed initial IHA (86 FR 43204,
August 6, 2021). 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.
Construction activities are expected to
produce airborne noise and visual
disturbance that have the potential to
result in behavioral harassment of
Pacific harbor seals. A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that 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
PO 00000
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Fmt 4703
Sfmt 4703
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 previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2021 IHA for
Phase III of the Elkhorn Slough Tidal
Marsh Restoration Project (86 FR 52644,
September 22, 2021), CDFW’s
application, the Federal Register notice
of the proposed IHA (86 FR 43204,
August 6, 2021), and all associated
references and documents.
Determinations
CDFW will conduct activities as
analyzed in the initial 2021 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 reissued
2022 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) CDFW’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
E:\FR\FM\15SEN1.SGM
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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
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 CDFW for
restoration activities at the Seal Bend
Restoration Area in Elkhorn Slough
(Monterey County, CA) from September
16, 2022, through September 15, 2023.
All previously described mitigation,
monitoring, and reporting requirements
from the initial 2021 IHA are
incorporated.
AGENCY:
Background
The IMDCC is a multi-agency body
responsible for coordinating a
comprehensive program of marine
debris research and activities among
Federal agencies, in cooperation and
coordination with non-governmental
organizations, industry, academia,
States, Tribes, and other nations, as
appropriate. Representatives meet to
share information, assess and promote
best management practices, and
coordinate the Federal Government’s
efforts to address marine debris. The
IMDCC was established in 2006 by the
Marine Debris Act (33 U.S.C. 1954). The
NOAA representative serves as the
Chairperson of the Committee.
NOAA’s Marine Debris
Program and Environmental Protection
Agency’s (EPA) Trash Free Waters
Program, on behalf of the Interagency
Marine Debris Coordinating Committee
(IMDCC), is soliciting public comments
regarding the draft Report on Microfiber
Pollution. The Save Our Seas 2.0 Act of
Why develop the report on microfiber
pollution?
Section 132 of the Save Our Seas 2.0
Act of 2020 (Pub. L. 116–224) requires
the IMDCC to complete a report on
microfiber pollution that includes: (1) a
definition of microfiber; (2) an
assessment of the sources, prevalence,
and causes of microfiber pollution; (3) a
recommendation for a standardized
methodology to measure and estimate
the prevalence of microfiber pollution;
Dated: September 9, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–19945 Filed 9–14–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Request for Public Comment on
Report on Microfiber Pollution
National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of request for comments.
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
2020 requires the IMDCC to complete a
report on microfiber pollution. This
Report will provide Congress with an
overview of the microfiber pollution
issue, while also outlining a path
forward for Federal agencies, in
partnership with other stakeholders, to
address this problem.
DATES: Comments must be received on
or before October 17, 2022, 11:59 p.m.
Eastern Time (ET).
ADDRESSES: Comments may be
submitted by the following method:
Federal eRulemaking Portal: https://
www.regulations.gov. Submit electronic
comments via the Federal eRulemaking
Portal and search for Docket Number
NOAA–NOS–2022–0061.
Instructions: All comments received
are a part of the public record. All
personal identifying information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information. NOAA will accept
anonymous comments (enter N/A in the
required fields to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Ya’el Seid-Green, Executive Secretariat,
IMDCC, Marine Debris Program; Phone
240–533–0399; Email yael.seid-green@
noaa.gov or visit the IMDCC website at
https://marinedebris.noaa.gov/IMDCC.
SUPPLEMENTARY INFORMATION:
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16:56 Sep 14, 2022
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56633
(4) recommendations for reducing
microfiber pollution; and (5) a plan for
how Federal agencies, in partnership
with other stakeholders, can lead on
opportunities to reduce microfiber
pollution during the 5-year period
beginning on the date of the Act’s
enactment. This Report will provide
Congress with an overview of the
microfiber pollution issue, while also
outlining a path forward for Federal
agencies, in partnership with other
stakeholders, to address this problem.
Microfibers have been found almost
everywhere that scientists look,
including in surface waters and
throughout the water column, sea ice,
deep-sea and coastal sediments,
terrestrial soils, and indoor and outdoor
air and dust. These fibers are released
from clothing, carpets, cigarette butts,
and other fiber-based products and are
one of the most pervasive types of
microplastics found in many
environmental compartments. However,
additional research is needed to
improve our understanding of
microfiber sources, pathways, fates, and
impacts so that effective mitigation
strategies and prevention measures can
be developed. Microfibers are a highly
complex and diverse type of
contaminant and research on the subject
is particularly challenging due to a lack
of standard definitions and research
methods, which make comparisons
across studies difficult. In the course of
addressing the five requirements
specified in Section 132 of the Save Our
Seas 2.0 Act, this report also provides
an in-depth review of these topics,
recommendations for addressing
research data gaps, and solutions to
mitigate this source of pollution.
Summary of the Report on Microfiber
Pollution
NOAA’s Marine Debris Program and
the EPA’s Trash Free Waters Program
co-led the development of this report on
behalf of the IMDCC, with support from
the consulting firm, Materevolve. The
draft report is approximately 90 pages in
length. Section 1 of the report provides
an introduction to the report and
microfiber pollution issue. Section 2
focuses on establishing a proposed
definition of ‘microfiber’. This section
summarizes existing definitions from
the environmental science, textile
industry, and government sectors, and
explains the issues that complicate
efforts to define the term ‘microfiber’. It
proposes an initial definition of
microfiber that can serve as a starting
point for building consensus around a
standard definition that could be
adopted by the United States
Government. Section 3 of the report
E:\FR\FM\15SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56631-56633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC304]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh
Restoration Project, Phase III in Monterey County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the California Department of
Fish and Wildlife (CDFW) 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 Pacific harbor
seals (Phoca vitulina), by Level B harassment only, incidental to the
Elkhorn Slough Restoration Project, Phase III, at the Seal Bend
Restoration Area in Monterey Country, CA. 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 16, 2021, through September
15, 2022. CDFW has requested re-issuance with new effective dates of
September 16, 2022, through September 15, 2023. 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 16, 2022, through
September 15, 2023.
[[Page 56632]]
ADDRESSES: An electronic copy of the final 2021 IHA previously issued
to CDFW, CDFW'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-tidal-marsh-restoration-project-elkhorn-slough-phase-iii-2021. 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 September 22, 2021, NMFS published final notice of our issuance
of an IHA authorizing take of marine mammals incidental to the Elkhorn
Slough Tidal Marsh Restoration Project, Phase III (86 FR 52644). The
effective dates of that IHA were September 16, 2021, through September
15, 2022. On July 12, 2022, CDFW informed NMFS that the project was
delayed. None of the work identified in the initial IHA (i.e.,
restoration work at the Seal Bend Restoration Area) has occurred. CDFW
submitted a request that we reissue an identical IHA that would be
effective from September 16, 2022, through September 15, 2023, in order
to conduct the construction work that was analyzed and authorized
through the previously issued 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.
Phase III of the Elkhorn Slough Tidal Marsh Restoration Project
will restore 28.6 acres (11.57 hectares) at the Seal Bend Restoration
Area by relocating soil from an upland area called ``the borrow''
through use of heavy earth moving equipment, within a 12 month period.
A detailed description of the planned restoration activities is found
in the Federal Register notice for the proposed initial IHA (86 FR
43204, August 6, 2021). 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.
Construction activities are expected to produce airborne noise and
visual disturbance that have the potential to result in behavioral
harassment of Pacific harbor seals. A description of the methods and
inputs used to estimate take anticipated to occur and, ultimately, the
take that 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 previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2021 IHA for Phase III of the Elkhorn Slough Tidal Marsh
Restoration Project (86 FR 52644, September 22, 2021), CDFW's
application, the Federal Register notice of the proposed IHA (86 FR
43204, August 6, 2021), and all associated references and documents.
Determinations
CDFW will conduct activities as analyzed in the initial 2021 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 reissued 2022 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) CDFW'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
[[Page 56633]]
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 CDFW for restoration activities at the
Seal Bend Restoration Area in Elkhorn Slough (Monterey County, CA) from
September 16, 2022, through September 15, 2023. All previously
described mitigation, monitoring, and reporting requirements from the
initial 2021 IHA are incorporated.
Dated: September 9, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-19945 Filed 9-14-22; 8:45 am]
BILLING CODE 3510-22-P
