Marine Mammals and Endangered Species, 31737-31738 [2023-10561]

Download as PDF Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival: • No mortality or serious injury is anticipated or authorized; • No Level A harassment (PTS) is anticipated, even in the absence of mitigation measures, or authorized; • Foraging success is not likely to be significantly impacted as effects on species that serve as prey species for marine mammals from the survey are expected to be minimal; • The availability of alternate areas of similar habitat value for marine mammals to temporarily vacate the ensonified areas during the planned survey to avoid exposure to sounds from the activity; • Take is anticipated to be primarily Level B behavioral harassment consisting of brief startling reactions and/or temporary avoidance of the ensonified area; • While the survey area is within areas noted as a migratory BIA for NARWs, avoidance of the survey area due to the activities is not anticipated and would not likely affect migration. In addition, mitigation measures require shutdown at 500 m (almost four times the size of the Level B harassment isopleth of 141 m) to minimize the effects of any Level B harassment take of the species; and • The required mitigation measures, including visual monitoring and shutdowns, are expected to minimize potential impacts to other marine mammals. 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 required 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 previously, only small numbers of incidental take may be authorized under sections 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, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer 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. The amount of take NMFS proposes to authorize is below one-third of the estimated stock abundance for all species (total take is less than 7.5 percent of the abundance of the affected stocks for all species, see Table 4). The figures presented in Table 4 are considered conservative estimates for purposes of the small numbers determination as they assume all takes represent different individual animals, which is unlikely to be the case. Based on the analysis contained herein of the activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals would be taken relative to the population size of the affected species or stocks. Unmitigable Adverse Impact Analysis and Determination 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 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. NMFS has authorized the incidental take of four species of marine mammals which are listed under the ESA, including the North Atlantic right, fin, sei, and sperm whale, and has determined that these activities fall within the scope of activities analyzed in GARFO’s programmatic consultation regarding geophysical surveys along the U.S. Atlantic coast in the three Atlantic PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 31737 Renewable Energy Regions (completed June 29, 2021; revised September 2021). Authorization As a result of these determinations, NMFS has issued an IHA to TerraSond for conducting marine site characterization surveys in the New York Bight and Central Atlantic for a period of 1 year, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. The IHA can be found at: https://www.fisheries.noaa.gov/ action/incidental-take-authorizationterrasond-limited-marine-sitecharacterization-surveys-new. Dated: May 15, 2023. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–10639 Filed 5–17–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD003] Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits and permit amendments. AGENCY: Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. ADDRESSES: The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. FOR FURTHER INFORMATION CONTACT: Erin Markin, Ph.D., (Permit Nos. 25686 and 27027), Shasta McClenahan, Ph.D., (Permit No. 26919), Carrie Hubard (Permit No. 27077), Jennifer Skidmore (Permit Nos. 27225 and 27267), Courtney Smith, Ph.D. (Permit Nos. 24378–01, 27099), and Sara Young (Permit No. 27272); at (301) 427–8401. SUPPLEMENTARY INFORMATION: Notices were published in the Federal Register on the dates listed below that requests for a permit or permit amendment had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a SUMMARY: E:\FR\FM\18MYN1.SGM 18MYN1 31738 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices complete description of the activities, go to https://www.federalregister.gov and search on the permit number provided in Table 1 below. TABLE 1—ISSUED PERMITS Permit No. RTID 24378–01 ....... 0648–XC630 25686 ............. 0648–XB542 26919 ............. 0648–XC724 27027 ............. 0648–XC718 27077 ............. 0648–XC750 27099 ............. 0648–XC782 27225 ............. 0648–XC783 27267 ............. 0648–XC816 27272 ............. 0648–XC768 The University of Alaska Southeast, 1332 Seward Ave, Sitka, AK 99835 (Responsible Party: Jan Straley). NMFS Southeast Fisheries Science Center, 75 Virginia Beach, Miami, FL (Responsible Party: Lisa Desfosse, Ph.D.). Georgia Department of Natural Resources, 2070 U.S. Highway 278 Southeast, Social Circle, GA 30025 (Responsible Party: Matt Elliott). Glacier Bay National Park and Preserve, P.O. Box 140, Gustavus, AK 99826 (Responsible Party: Thomas Schaff). WSP Wild Water Productions Limited, St Stephen’s Avenue, Bristol, BS1 1YL, United Kingdom (Responsible Party: Joanna Barwick). Pacific Whale Foundation (Responsible Party: Jens Curie), 300 Ma’alaea Rd. Ste. 211, Wailuku, Hawaii 96793. Sea Research Foundation, Inc. dba Mystic Aquarium, 55 Coogan Boulevard, Mystic, CT 06355 (Responsible Party: Katie Cubina). The Maryland Zoo in Baltimore, 1876 Mansion House Drive, Baltimore, MD 21217 (Responsible Party: Ellen Bronson, DVM). Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, Scituate, MA 02066 (Responsible Party: David Wiley, Ph.D.). lotter on DSK11XQN23PROD with NOTICES1 In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permit was based on a finding that such permits: (1) were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and policies set forth in Section 2 of the ESA. Authority: The requested permits have been issued under the MMPA of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), as applicable. Dated: May 12, 2023. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–10561 Filed 5–17–23; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 19:05 May 17, 2023 Previous Federal Register notice Applicant Jkt 259001 87 FR 80527, December 30, 2022. 86 FR 59997, October 29, 2021 April 28, 2023. 88 FR 7080, February 2, 2023 ... April 14, 2023. 88 FR 4975, January 26, 2023 ... April 28, 2023. 88 FR 8408, February 9, 2023 ... April 11, 2023. 88 FR 10294, February 17, 2023 April 28, 2023. 88 FR 10299, February 17, 2023 April 20, 2023. 88 FR 15681, March 14, 2023 .... April 28, 2023. 88 FR 9870, February 15, 2023 April 20, 2023. DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Notice of Intent To Prepare a Draft Environmental Impact Statement for the Pearl River Flood Risk Management Project, Pearl River Watershed, Rankin and Hinds Counties, Mississippi U.S. Army Corps of Engineers, Department of the Army, DoD. ACTION: Notice of intent to prepare a draft environmental impact statement for the Pearl River Flood Risk Management Project, Pearl River Watershed, Rankin and Hinds Counties, Mississippi. AGENCY: The U.S. Army Corps of Engineers (USACE) intends to prepare a draft environmental impact statement (DEIS) for the Pearl River Flood Risk Management Project in Rankin and Hinds Counties, Mississippi to analyze flood risk management plans that can be implemented under section 3104 of the Water Resources Development Act (WRDA) of 2007. This notice updates the original Notice of Intent declaring the Rankin-Hinds Pearl River Flood and Drainage Control District, the nonFederal interest (NFI) and USACE’s intent to conduct a Feasibility Study SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Issuance date April 5, 2023. and EIS process, which was published in the Federal Register on July 25, 2013. USACE is now preparing a DEIS to identify the national economic development (NED) plan by comparing the level of flood protection provided by the alternatives presented in the NFI’s section 211 Study (Alternatives A and C) and two new USACE alternatives (Alternative A1 and Combination/ Hybrid Plan, as allowed for by section 3104); assess the environmental acceptability and technical feasibility of the alternatives; and provide the Secretary the necessary information to choose a plan to implement. Additionally, consistent with section 1176 of WRDA 2018, the DEIS will assess potential downstream impacts to the Pearl River Basin. DATES: All comments and suggestions must be submitted by June 20, 2023. ADDRESSES: To ensure the Corps has sufficient time to consider public input in the preparation of the Draft EIS, scoping comments should be submitted by email at PearlRiverFRM@ usace.army.mil, by surface mail to U.S. Army Corps of Engineers, CEMVK– PMP, 4155 Clay Street, Vicksburg, Mississippi 39183–3435, or at the Scoping Meeting(s). FOR FURTHER INFORMATION CONTACT: Questions and comments regarding the proposed project should reference ‘‘the E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31737-31738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10561]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD003]


Marine Mammals and Endangered Species

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

ACTION: Notice; issuance of permits and permit amendments.

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

SUMMARY: Notice is hereby given that permits and permit amendments have 
been issued to the following entities under the Marine Mammal 
Protection Act (MMPA) and the Endangered Species Act (ESA), as 
applicable.

ADDRESSES: The permits and related documents are available for review 
upon written request via email to [email protected].

FOR FURTHER INFORMATION CONTACT: Erin Markin, Ph.D., (Permit Nos. 25686 
and 27027), Shasta McClenahan, Ph.D., (Permit No. 26919), Carrie Hubard 
(Permit No. 27077), Jennifer Skidmore (Permit Nos. 27225 and 27267), 
Courtney Smith, Ph.D. (Permit Nos. 24378-01, 27099), and Sara Young 
(Permit No. 27272); at (301) 427-8401.

SUPPLEMENTARY INFORMATION: Notices were published in the Federal 
Register on the dates listed below that requests for a permit or permit 
amendment had been submitted by the below-named applicants. To locate 
the Federal Register notice that announced our receipt of the 
application and a

[[Page 31738]]

complete description of the activities, go to https://www.federalregister.gov and search on the permit number provided in 
Table 1 below.

                                                                 Table 1--Issued Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Permit No.               RTID                 Applicant                   Previous Federal Register notice                  Issuance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
24378-01..................      0648-XC630  The University of Alaska      87 FR 80527, December 30, 2022..................  April 28, 2023.
                                             Southeast, 1332 Seward Ave,
                                             Sitka, AK 99835
                                             (Responsible Party: Jan
                                             Straley).
25686.....................      0648-XB542  NMFS Southeast Fisheries      86 FR 59997, October 29, 2021...................  April 5, 2023.
                                             Science Center, 75 Virginia
                                             Beach, Miami, FL
                                             (Responsible Party: Lisa
                                             Desfosse, Ph.D.).
26919.....................      0648-XC724  Georgia Department of         88 FR 7080, February 2, 2023....................  April 14, 2023.
                                             Natural Resources, 2070
                                             U.S. Highway 278 Southeast,
                                             Social Circle, GA 30025
                                             (Responsible Party: Matt
                                             Elliott).
27027.....................      0648-XC718  Glacier Bay National Park     88 FR 4975, January 26, 2023....................  April 28, 2023.
                                             and Preserve, P.O. Box 140,
                                             Gustavus, AK 99826
                                             (Responsible Party: Thomas
                                             Schaff).
27077.....................      0648-XC750  WSP Wild Water Productions    88 FR 8408, February 9, 2023....................  April 11, 2023.
                                             Limited, St Stephen's
                                             Avenue, Bristol, BS1 1YL,
                                             United Kingdom (Responsible
                                             Party: Joanna Barwick).
27099.....................      0648-XC782  Pacific Whale Foundation      88 FR 10294, February 17, 2023..................  April 28, 2023.
                                             (Responsible Party: Jens
                                             Curie), 300 Ma'alaea Rd.
                                             Ste. 211, Wailuku, Hawaii
                                             96793.
27225.....................      0648-XC783  Sea Research Foundation,      88 FR 10299, February 17, 2023..................  April 20, 2023.
                                             Inc. dba Mystic Aquarium,
                                             55 Coogan Boulevard,
                                             Mystic, CT 06355
                                             (Responsible Party: Katie
                                             Cubina).
27267.....................      0648-XC816  The Maryland Zoo in           88 FR 15681, March 14, 2023.....................  April 28, 2023.
                                             Baltimore, 1876 Mansion
                                             House Drive, Baltimore, MD
                                             21217 (Responsible Party:
                                             Ellen Bronson, DVM).
27272.....................      0648-XC768  Stellwagen Bank National      88 FR 9870, February 15, 2023...................  April 20, 2023.
                                             Marine Sanctuary, 175
                                             Edward Foster Road,
                                             Scituate, MA 02066
                                             (Responsible Party: David
                                             Wiley, Ph.D.).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a final determination has been made that the 
activities proposed are categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    As required by the ESA, as applicable, issuance of these permit was 
based on a finding that such permits: (1) were applied for in good 
faith; (2) will not operate to the disadvantage of such endangered 
species; and (3) are consistent with the purposes and policies set 
forth in Section 2 of the ESA.
    Authority: The requested permits have been issued under the MMPA of 
1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing 
the taking and importing of marine mammals (50 CFR part 216), the ESA 
of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations 
governing the taking, importing, and exporting of endangered and 
threatened species (50 CFR parts 222-226), as applicable.

    Dated: May 12, 2023.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2023-10561 Filed 5-17-23; 8:45 am]
BILLING CODE 3510-22-P


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