Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Army Corps of Engineers Debris Dock Replacement Project, Sausalito, California, 38035-38037 [2023-12387]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
provisional measures and before
definitive measures were put into
place), if such a gap period is applicable
to the POR.
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
ddrumheller on DSK120RN23PROD with NOTICES1
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,20 available
at www.govinfo.gov/content/pkg/FR2013-07-17/pdf/2013-17045.pdf, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
20 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
VerDate Sep<11>2014
17:39 Jun 09, 2023
Jkt 259001
containing business proprietary
information, until further notice.21
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.22 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
38035
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: June 6, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–12432 Filed 6–9–23; 8:45 am]
BILLING CODE 3510–DS–P
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.23 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
21 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
22 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
23 See 19 CFR 351.302.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC994]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Army Corps of
Engineers Debris Dock Replacement
Project, Sausalito, 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 U.S. Army Corps of Engineers
(ACOE) to change the effective dates of
the second re-issuance of a previously
issued incidental harassment
authorization (IHA), with the only
change being the effective dates. The
IHA authorizes take of seven species of
marine mammals, by Level A and Level
B harassment, incidental to construction
associated with the Debris Dock
Replacement Project in Sausalito,
California. The ACOE has requested reissuance with new effective dates of July
15, 2023 through July 14, 2024. 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 an identical IHA to cover the
incidental take analyzed and authorized
in the initial IHA.
DATES: This authorization is effective
from July 15, 2023 through July 14,
2024.
ADDRESSES: An electronic copy of the
final 2021 IHA previously issued to the
ACOE, the ACOE’s application, and the
Federal Register notices proposing and
issuing the initial IHA may be obtained
by visiting /www.fisheries.noaa.gov/
action/incidental-take-authorizationarmy-corps-engineers-debris-dockSUMMARY:
E:\FR\FM\12JNN1.SGM
12JNN1
38036
Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
replacement-project-sausalito. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD 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,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On July 14, 2021, NMFS published
final notice of our issuance of an IHA
authorizing take of marine mammals
incidental to the Debris Dock
VerDate Sep<11>2014
17:39 Jun 09, 2023
Jkt 259001
Replacement project (86 FR 37124). The
effective dates of that IHA were
September 1, 2021, through August 31,
2022. On December 14, 2021, the ACOE
informed NMFS that the project was
delayed. None of the work identified in
the initial IHA application (e.g., pile
driving and removal) had occurred. The
ACOE submitted a request that we
reissue an identical IHA that would be
effective from January 5, 2022 through
January 4, 2023, in order to conduct the
construction work that was analyzed in
support of the previously issued IHA.
An identical IHA was reissued on
December 27, 2021 (86 FR 73261).
However, the project remains delayed
and no work has been conducted. On
December 6, 2022, the ACOE informed
NMFS that, due to a project delay, none
of the work identified in the original
IHA (e.g., pile driving and removal) has
been conducted. The ACOE submitted a
request that we reissue another IHA
identical to the IHA issued July 14,
2021. The IHA was reissued on March
17, 2023 (88 FR 16412) with effective
dates of January 1, 2024 through
December 31, 2024. On May 2, 2023, the
ACOE requested that the dates of the
reissued IHA be updated to be effective
from July 15, 2023 through July 14,
2024. As the project activities,
anticipated effects, and required
mitigation, monitoring, and reporting
remain the same, 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.
The purpose of the ACOE’s
construction project is to replace the
existing decaying dock and other
onshore infrastructure used to move
marine debris collected from San
Francisco Bay onto land for disposal.
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.
Species that are expected to be taken
by the planned activity include harbor
porpoise (Phocoena phocoena), harbor
seal (Phoca vitulina), gray whale
(Eschrichtius robustus), bottlenose
dolphin (Tursiops truncatus), California
sea lion (Zalophus californianus),
northern fur seal (Callorhinus ursinus),
and northern elephant seal (Mirounga
angustirostris). A description of the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
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
the ACOE’s construction work (86 FR
37124), the ACOE’s application, the
Federal Register notice of the proposed
IHA (86 FR 28768), and all associated
references and documents.
Determinations
The ACOE will conduct activities as
analyzed in support of 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 re-issued
2023 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) the ACOE’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
(NEPA)
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
not individually or 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. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this reissued
IHA.
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 the ACOE
for in-water construction activities
associated with the specified activity
from July 15, 2023 through July 14,
2024. All previously described
mitigation, monitoring, and reporting
requirements from the initial 2021 IHA
are incorporated.
Dated: June 6, 2023.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023–12387 Filed 6–9–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Department of the Air Force
ddrumheller on DSK120RN23PROD with NOTICES1
[ARV–221004B–PL]
Notice of Intent To Grant an Exclusive
Patent License
Department of the Air Force,
Department of Defense.
ACTION: Notice of intent.
AGENCY:
Pursuant to the Bayh-Dole Act
and implementing regulations, the
SUMMARY:
VerDate Sep<11>2014
17:39 Jun 09, 2023
Jkt 259001
Department of the Air Force hereby
gives notice of its intent to grant an
exclusive patent license to Advanced
Cooling Technologies, Inc., having a
place of business at 1046 New Holland
Avenue, Lancaster, PA 17601.
DATES: Written objections must be filed
no later than fifteen (15) calendar days
after the date of publication of this
Notice.
Submit written objections to
Sara Telano, AFRL/RDOX, 3550
Aberdeen Ave. SE, Kirtland AFB, NM
87117; Phone: (505) 853–3305; or Email:
sara.telano@us.af.mil. Include Docket
No. ARV–221004B–PL in the subject
line of the message.
FOR FURTHER INFORMATION CONTACT: Sara
Telano, AFRL/RDOX, 3550 Aberdeen
Ave. SE, Kirtland AFB, NM 87117;
Phone: (505) 853–3305; or Email:
sara.telano@us.af.mil.
ADDRESSES:
Abstract of Patent Application(s)
A thermomodulating heat pipe is
provided including a heat pipe envelope
having a capillary wick extending
substantially continuously the full
length of the heat pipe and a void space
interior of the capillary wick. The heat
pipe envelope has a nominal evaporator
section, a nominal condenser section
where the nominal condenser section
includes an active condenser portion
and an inactive condenser portion, and
a reservoir section extending from the
inactive condenser portion. At a
nominal condition, a heat pipe fluid is
provided with a liquid phase filling the
capillary wick and a vapor phase filling
the void space of the nominal
evaporator section and the active
condenser portion, a non-condensable
gas filling the void space of at least the
reservoir section and the inactive
condenser portion. Depending on
thermal conditions, both prograde and
retrograde heat transfer are enabled.
Intellectual Property
U.S. Application No. 18/204,114, filed
on May 31, 2023, and entitled,
‘‘Thermomodulating Heat Pipe.’’
The Department of the Air Force may
grant the prospective license unless a
timely objection is received that
sufficiently shows the grant of the
license would be inconsistent with the
Bayh-Dole Act or implementing
regulations. A competing application for
a patent license agreement, completed
in compliance with 37 CFR 404.8 and
received by the Air Force within the
period for timely objections, will be
treated as an objection and may be
considered as an alternative to the
proposed license.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
38037
Authority: 35 U.S.C. 209; 37 CFR 404.
Tommy W. Lee,
Acting Air Force Federal Register Liaison
Officer.
[FR Doc. 2023–12424 Filed 6–9–23; 8:45 am]
BILLING CODE 5001–10–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2023–OS–0051]
Proposed Collection, Comment
Request
United States Transportation
Command (USTRANSCOM),
Department of Defense (DoD).
ACTION: 60-Day information collection
notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995,
USTRANSCOM announces a proposed
public information collection and seeks
public comment on the provisions
thereof. Comments are invited on
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the agency’s estimate of
the burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by August 11, 2023.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Assistant to the Secretary of Defense
for Privacy, Civil Liberties, and
Transparency, 4800 Mark Center Drive,
Mailbox #24, Suite 08D09, Alexandria,
VA 22350–1700.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38035-38037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12387]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC994]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Army Corps of Engineers Debris Dock
Replacement Project, Sausalito, 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 U.S. Army Corps of
Engineers (ACOE) to change the effective dates of the second re-
issuance of a previously issued incidental harassment authorization
(IHA), with the only change being the effective dates. The IHA
authorizes take of seven species of marine mammals, by Level A and
Level B harassment, incidental to construction associated with the
Debris Dock Replacement Project in Sausalito, California. The ACOE has
requested re-issuance with new effective dates of July 15, 2023 through
July 14, 2024. 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 an identical
IHA to cover the incidental take analyzed and authorized in the initial
IHA.
DATES: This authorization is effective from July 15, 2023 through July
14, 2024.
ADDRESSES: An electronic copy of the final 2021 IHA previously issued
to the ACOE, the ACOE's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting /
www.fisheries.noaa.gov/action/incidental-take-authorization-army-corps-
engineers-debris-dock-
[[Page 38036]]
replacement-project-sausalito. In case of problems accessing these
documents, please call the contact listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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 July 14, 2021, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the Debris Dock
Replacement project (86 FR 37124). The effective dates of that IHA were
September 1, 2021, through August 31, 2022. On December 14, 2021, the
ACOE informed NMFS that the project was delayed. None of the work
identified in the initial IHA application (e.g., pile driving and
removal) had occurred. The ACOE submitted a request that we reissue an
identical IHA that would be effective from January 5, 2022 through
January 4, 2023, in order to conduct the construction work that was
analyzed in support of the previously issued IHA. An identical IHA was
reissued on December 27, 2021 (86 FR 73261). However, the project
remains delayed and no work has been conducted. On December 6, 2022,
the ACOE informed NMFS that, due to a project delay, none of the work
identified in the original IHA (e.g., pile driving and removal) has
been conducted. The ACOE submitted a request that we reissue another
IHA identical to the IHA issued July 14, 2021. The IHA was reissued on
March 17, 2023 (88 FR 16412) with effective dates of January 1, 2024
through December 31, 2024. On May 2, 2023, the ACOE requested that the
dates of the reissued IHA be updated to be effective from July 15, 2023
through July 14, 2024. As the project activities, anticipated effects,
and required mitigation, monitoring, and reporting remain the same, 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.
The purpose of the ACOE's construction project is to replace the
existing decaying dock and other onshore infrastructure used to move
marine debris collected from San Francisco Bay onto land for disposal.
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.
Species that are expected to be taken by the planned activity
include harbor porpoise (Phocoena phocoena), harbor seal (Phoca
vitulina), gray whale (Eschrichtius robustus), bottlenose dolphin
(Tursiops truncatus), California sea lion (Zalophus californianus),
northern fur seal (Callorhinus ursinus), and northern elephant seal
(Mirounga angustirostris). 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 the ACOE's construction work (86 FR 37124), the
ACOE's application, the Federal Register notice of the proposed IHA (86
FR 28768), and all associated references and documents.
Determinations
The ACOE will conduct activities as analyzed in support of 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 re-issued 2023 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) the ACOE'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 (NEPA)
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do
[[Page 38037]]
not individually or 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. Accordingly, NMFS determined that the issuance
of the initial IHA qualified to be categorically excluded from further
NEPA review. NMFS has determined that the application of this
categorical exclusion remains appropriate for this reissued IHA.
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 the ACOE for in-water construction
activities associated with the specified activity from July 15, 2023
through July 14, 2024. All previously described mitigation, monitoring,
and reporting requirements from the initial 2021 IHA are incorporated.
Dated: June 6, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-12387 Filed 6-9-23; 8:45 am]
BILLING CODE 3510-22-P
