Endangered and Threatened Species; Take of Anadromous Fish, 62341-62342 [2023-19425]
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices
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NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. This includes
consideration of the 2022 SAR
estimated abundance of the North
Atlantic right whale stock. Specifically,
NMFS is proposing to authorize 17 takes
of North Atlantic right whales by Level
B harassment only, and the impacts
resulting from the project’s activities are
neither reasonably expected nor
reasonably likely to adversely affect the
stock through effects on annual rates of
recruitment or survival. Additionally,
approximately 5 percent of the stock
abundance is proposed for take by Level
B harassment.
Based on the information and analysis
contained here and in the referenced
documents, including the consideration
of the final 2022 SARs, 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; (4)
Orsted’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; and (5)
appropriate monitoring and reporting
requirements are included.
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, in this
case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO),
whenever we propose to authorize take
for endangered or threatened species.
NMFS Office of Protected Resources
has authorized the incidental take of
four species of marine mammals which
are listed under the ESA (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 Renewable Energy
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17:10 Sep 08, 2023
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Regions (completed June 29, 2021;
revised September 2021). The proposed
Renewal IHA provides no new
information about the effects of the
action, nor does it change the extent of
effects of the action, or any other basis
to require reinitiation of consultation
with NMFS GARFO; therefore, the ESA
consultation has been satisfied for the
initial IHA and remains valid for the
Renewal IHA.
Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a renewal IHA to Orsted for conducting
marine site characterization surveys off
New York to Massachusetts (Lease
Areas OCS–A 0486, 0487, and 0500),
effective from October 6, 2023 through
October 5, 2024, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed and initial IHA can be found
at https://www.fisheries.noaa.gov/
permit/incidental-take-authorizationsunder-marine-mammal-protection-act.
We request comment on our analyses,
the proposed Renewal IHA, and any
other aspect of this notice. Please
include with your comments any
supporting data or literature citations to
help inform our final decision on the
request for MMPA authorization.
Dated: September 1, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–19508 Filed 9–8–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD327]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of one incidental
take permit application; availability of a
draft environmental assessment; request
for comments.
AGENCY:
Notice is hereby given that
NMFS has received one Incidental Take
Permit (ITP) application for the City of
Santa Cruz’s Anadromous Salmonid
Habitat Conservation Plan (ASHCP).
The ASHCP has been submitted
pursuant to section 10(a)(1)(B) of the
SUMMARY:
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62341
Endangered Species Act (ESA) of 1973,
as amended. NMFS has also prepared a
draft environmental assessment (EA)
under the National Environmental
Policy Act (NEPA) describing the
potential effects of NMFS’ proposed
issuance of the Permit associated with
the submitted ASHCP. NMFS is
furnishing this notice in order to allow
other agencies, tribes, and the public an
opportunity to review and comment on
these documents.
DATES: Written comments on the EA
must be received at the appropriate
address (see ADDRESSES) on or before 5
p.m. Pacific standard time on October
11, 2023.
ADDRESSES: You may submit comments
on this document, identified by Santa
Cruz Habitat Conservation Plan (HCP),
by any of the following methods:
• Email: SantaCruzHCPNEPA.WCR@
noaa.gov. Include ‘‘Santa Cruz HCP’’ in
the subject line of the message.
• Mail: Submit written comments to
National Marine Fisheries Service, West
Coast Region, Coastal California Office,
777 Sonoma Avenue, Room 325, Santa
Rosa, California 95404; Attn: William
Stevens.
• Fax: (707) 578–3435; Attn: William
Stevens.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). When
commenting, please refer to the specific
page number and the subject of your
comment.
The documents subject to public
comment are available on the internet
at: https://www.fisheries.noaa.gov/westcoast/laws-and-policies/west-coastregion-national-environmental-policyact-documents.
FOR FURTHER INFORMATION CONTACT:
William Stevens, Santa Rosa, CA, (707)
575–6066, William.Stevens@noaa.gov.
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This
Notice
Central California Coast (CCC)
Evolutionary Significant Unit (ESU) of
coho salmon (Oncorhynchus kisutch)
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices
and threatened CCC Distinct Population
Segment (DPS) of steelhead (O. mykiss).
Background
The City of Santa Cruz’s operation,
maintenance, rehabilitation, and
management of their water supply and
water system facilities, municipal
facilities, and City lands are essential to
the welfare of the City’s citizens and
visitors. Normal, otherwise lawful
operation of the City of Santa Cruz
facilities could result in take of ESAlisted species. Section 10(a)(1)(B) of the
ESA authorizes NMFS to issue an ITP to
non-Federal parties for the potential
incidental taking of endangered and
threatened species. In support of their
ITP application, the City of Santa Cruz
has prepared an ASHCP to address
effects of water diversions and for
operation, rehabilitation, replacement,
repair and maintenance of conveyance
facilities and other existing
infrastructure (covered activities) on
salmonids listed under the ESA. The
ASHCP plan area includes watershed
and water service/urban areas that total
approximately 176 square miles (∼455.8
km2) in Santa Cruz County, California
across three geographically distinct
areas: (1) North Coast watersheds
(Liddell, Laguna, and Majors); (2) San
Lorenzo River watershed; and (3) City
Urban Center. The ASHCP provides an
assessment of impacts; measures to
monitor, minimize, and mitigate for
those impacts; and procedures to
account for unforeseen or extraordinary
circumstances.
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Proposed Action and
Alternatives
NMFS has prepared a draft EA, in
accordance with the requirements of
NEPA, to analyze the potential impacts
on the human (biological, physical,
social, and economic) environment
caused by the City of Santa Cruz ASHCP
(proposed action). Under the proposed
action, NMFS would approve the
ASHCP and issue an ITP with a 30-year
permit term to the City of Santa Cruz for
incidental take of covered species from
covered activities in the plan area.
Under the no action alternative, NMFS
would not issue an ITP to the City, and
the ASHCP would not be implemented.
Under the no action alternative, the City
would need to evaluate individual
operations and maintenance activities to
determine whether incidental take of
listed salmonid species could be
avoided through seasonal restrictions
and other modifications to the activity,
or whether an activity-specific
incidental take authorization would
instead be required.
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Summary of Expected Impacts
DEPARTMENT OF COMMERCE
Incidental take is expected to result
from covered activities described in the
ASHCP. Expected impacts are less than
what occurs under the City of Santa
Cruz’s current practices. The City of
Santa Cruz is proposing a conservation
strategy as part of their ASHCP that is
intended to fully offset the impacts of
the take.
Under the no action alternative, the
City would conduct project-by-project
reviews. It is anticipated that activities,
if permitted, would occur at a slower
pace and avoidance, minimization, and
mitigation measures may be less
comprehensive and more site-specific,
compared to the proposed action. This
type of mitigation can also be more
expensive and time-consuming and
provide less conservation benefit than a
regional or watershed-level approach, as
provided by the proposed action.
National Oceanic and Atmospheric
Administration
Authority
Section 9 of the ESA and Federal
regulations prohibit the taking of a
species listed as endangered or
threatened. The ESA defines ‘‘take’’ to
mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct. NMFS may issue permits,
under limited circumstances to take
listed species incidental to, and not the
purpose of, otherwise lawful activities.
Section 10(a)(1)(B) of the ESA and
implementing regulations (50 CFR
222.307) provide for authorizing
incidental take of listed species. The
final permit decision will not be made
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
NEPA requires Federal agencies to
conduct an environmental analysis of
their proposed actions to determine if
the actions may affect the human
environment (42 U.S.C. 4321 et seq.; 40
CFR parts 1500 through 1508; and
Companion Manual for NOAA
Administrative Order 216–6A, 82 FR
4306, January 13, 2017). Therefore,
NMFS is seeking public input on the
scope of the required NEPA analysis in
the EA, including the range of
reasonable alternatives and associated
impacts of any alternatives.
Dated: September 5, 2023.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023–19425 Filed 9–8–23; 8:45 am]
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[RTID 0648–XD299]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a two-day in-person meeting of its
Standing, Reef Fish, Socioeconomic,
and Ecosystem Scientific and Statistical
Committees (SSC).
DATES: The meeting will be held
Wednesday, September 27 and
Thursday, September 28, 2023; 8:30
a.m.–5 p.m., EDT both days.
ADDRESSES: The meeting will take place
at the Gulf Council office. Registration
information will be available on the
Council’s website by visiting
www.gulfcouncil.org and clicking on the
‘‘meeting tab’’.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Rindone, Lead Fishery Biologist,
Gulf of Mexico Fishery Management
Council; ryan.rindone@gulfcouncil.org,
telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Wednesday, September 27, 2023; 8:30
a.m.–5 p.m., EDT
The meeting will begin with
Introductions and Adoption of Agenda,
Approval of Verbatim Minutes and
Meeting Summary from the July 19–20,
2023, meeting, and a review of the
Scope of Work. The Committees will
select an SSC Representative for the
October 23–26, 2023, Gulf Council
meeting in Panama City Beach, FL.
Following, the Committees will
review Gag Grouper Abundance,
Movement, Spawning Behavior, Discard
Mortality, and Environment Influences;
presentations, background
documentation and references will be
provided to support SSC discussion.
The Committees will review Possible
Management Modifications for Gag and
Black Grouper, with presentations,
background documentation and
references for SSC recommendations
and discussion. The Committees will
also discuss the SEDAR 94 Florida
Hogfish Scope of Work. Public comment
will be heard at the end of the day.
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]]>Agencies
[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62341-62342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19425]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD327]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of one incidental take permit application;
availability of a draft environmental assessment; request for comments.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that NMFS has received one Incidental
Take Permit (ITP) application for the City of Santa Cruz's Anadromous
Salmonid Habitat Conservation Plan (ASHCP). The ASHCP has been
submitted pursuant to section 10(a)(1)(B) of the Endangered Species Act
(ESA) of 1973, as amended. NMFS has also prepared a draft environmental
assessment (EA) under the National Environmental Policy Act (NEPA)
describing the potential effects of NMFS' proposed issuance of the
Permit associated with the submitted ASHCP. NMFS is furnishing this
notice in order to allow other agencies, tribes, and the public an
opportunity to review and comment on these documents.
DATES: Written comments on the EA must be received at the appropriate
address (see ADDRESSES) on or before 5 p.m. Pacific standard time on
October 11, 2023.
ADDRESSES: You may submit comments on this document, identified by
Santa Cruz Habitat Conservation Plan (HCP), by any of the following
methods:
Email: [email protected]. Include ``Santa Cruz
HCP'' in the subject line of the message.
Mail: Submit written comments to National Marine Fisheries
Service, West Coast Region, Coastal California Office, 777 Sonoma
Avenue, Room 325, Santa Rosa, California 95404; Attn: William Stevens.
Fax: (707) 578-3435; Attn: William Stevens.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). When commenting, please refer to the specific page number
and the subject of your comment.
The documents subject to public comment are available on the
internet at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.
FOR FURTHER INFORMATION CONTACT: William Stevens, Santa Rosa, CA, (707)
575-6066, [email protected].
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Central California Coast (CCC) Evolutionary Significant Unit (ESU)
of coho salmon (Oncorhynchus kisutch)
[[Page 62342]]
and threatened CCC Distinct Population Segment (DPS) of steelhead (O.
mykiss).
Background
The City of Santa Cruz's operation, maintenance, rehabilitation,
and management of their water supply and water system facilities,
municipal facilities, and City lands are essential to the welfare of
the City's citizens and visitors. Normal, otherwise lawful operation of
the City of Santa Cruz facilities could result in take of ESA-listed
species. Section 10(a)(1)(B) of the ESA authorizes NMFS to issue an ITP
to non-Federal parties for the potential incidental taking of
endangered and threatened species. In support of their ITP application,
the City of Santa Cruz has prepared an ASHCP to address effects of
water diversions and for operation, rehabilitation, replacement, repair
and maintenance of conveyance facilities and other existing
infrastructure (covered activities) on salmonids listed under the ESA.
The ASHCP plan area includes watershed and water service/urban areas
that total approximately 176 square miles (~455.8 km\2\) in Santa Cruz
County, California across three geographically distinct areas: (1)
North Coast watersheds (Liddell, Laguna, and Majors); (2) San Lorenzo
River watershed; and (3) City Urban Center. The ASHCP provides an
assessment of impacts; measures to monitor, minimize, and mitigate for
those impacts; and procedures to account for unforeseen or
extraordinary circumstances.
Preliminary Proposed Action and Alternatives
NMFS has prepared a draft EA, in accordance with the requirements
of NEPA, to analyze the potential impacts on the human (biological,
physical, social, and economic) environment caused by the City of Santa
Cruz ASHCP (proposed action). Under the proposed action, NMFS would
approve the ASHCP and issue an ITP with a 30-year permit term to the
City of Santa Cruz for incidental take of covered species from covered
activities in the plan area. Under the no action alternative, NMFS
would not issue an ITP to the City, and the ASHCP would not be
implemented. Under the no action alternative, the City would need to
evaluate individual operations and maintenance activities to determine
whether incidental take of listed salmonid species could be avoided
through seasonal restrictions and other modifications to the activity,
or whether an activity-specific incidental take authorization would
instead be required.
Summary of Expected Impacts
Incidental take is expected to result from covered activities
described in the ASHCP. Expected impacts are less than what occurs
under the City of Santa Cruz's current practices. The City of Santa
Cruz is proposing a conservation strategy as part of their ASHCP that
is intended to fully offset the impacts of the take.
Under the no action alternative, the City would conduct project-by-
project reviews. It is anticipated that activities, if permitted, would
occur at a slower pace and avoidance, minimization, and mitigation
measures may be less comprehensive and more site-specific, compared to
the proposed action. This type of mitigation can also be more expensive
and time-consuming and provide less conservation benefit than a
regional or watershed-level approach, as provided by the proposed
action.
Authority
Section 9 of the ESA and Federal regulations prohibit the taking of
a species listed as endangered or threatened. The ESA defines ``take''
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct. NMFS may issue
permits, under limited circumstances to take listed species incidental
to, and not the purpose of, otherwise lawful activities. Section
10(a)(1)(B) of the ESA and implementing regulations (50 CFR 222.307)
provide for authorizing incidental take of listed species. The final
permit decision will not be made until after the end of the 30-day
comment period. NMFS will publish notice of its final action in the
Federal Register.
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment (42 U.S.C. 4321 et seq.; 40 CFR parts 1500 through
1508; and Companion Manual for NOAA Administrative Order 216-6A, 82 FR
4306, January 13, 2017). Therefore, NMFS is seeking public input on the
scope of the required NEPA analysis in the EA, including the range of
reasonable alternatives and associated impacts of any alternatives.
Dated: September 5, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023-19425 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-22-P
