Marine Mammals and Endangered Species, 70934-70935 [2023-22654]
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70934
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices
identified in CE B4 of the Companion
Manual for NOAA Administrative Order
216–6A, which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Because the only
change to the IHAs are the effective
dates, the CE on record for issuance of
the initial IHAs applies to this action.
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, in this
case with the Alaska Regional Office,
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 two consecutive
IHAs to BNSF for in-water construction
activities associated with the specified
activity from the date of issuance to July
15, 2024 for Year 1 and from July 16,
2024 to July 15, 2025 for year 2. All
previously described mitigation,
monitoring, and reporting requirements
from the initial IHAs are incorporated.
Dated: October 2, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–22633 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD457]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits,
permit amendments, and permit
modifications.
AGENCY:
Notice is hereby given that
permits, permit amendments, and
permit modifications have been issued
to the following entities under the
Marine Mammal Protection Act
(MMPA) and the Endangered Species
Act (ESA), as applicable.
SUMMARY:
The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
ADDRESSES:
Erin
Markin, Ph.D. (Permit Nos. 23200–02
and 27109), Carrie Hubard (Permit No.
21485), Jennifer Skidmore (Permit No.
27489), and Shasta McClenahan, Ph.D.
(Permit No. 21425–01); at (301) 427–
8401.
FOR FURTHER INFORMATION CONTACT:
Notices
were published in the Federal Register
on the dates listed below that requests
for a permit, permit amendment, or
permit modification had been submitted
by the below-named applicants. To
locate the Federal Register notice that
announced our receipt of the
application and a complete description
of the activities, go to https://
www.federalregister.gov and search on
the permit number provided in Table 1
below.
SUPPLEMENTARY INFORMATION:
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TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS
Permit No.
RTID
Applicant
Previous Federal Register notice
21425–01 ...........
0648–XG297 .....
83 FR 64114, December 13, 2018 ...
September 22,
2023.
21485–01 ...........
0648–XG288 .....
84 FR 4441, February 15, 2019 ........
September 18,
2023.
23200–02 ...........
0648–XC219 .....
88 FR 52130, August 7, 2023 ...........
September 21,
2023.
27109 .................
0648–XD122 .....
88 FR 42915, July 5, 2023 ................
September 6,
2023.
27489 .................
0648–XD261 .....
Point Blue Conservation Science, 3820 Cypress Drive, No. 11, Petaluma, CA 94954
(Responsible Party: Grant Ballard, Ph.D.).
Jooke Robbins, Ph.D., Center for Coastal
Studies, 5 Holway Avenue, Provincetown,
MA 02657.
University of North Carolina, Wilmington,
601 South College Road, Wilmington, NC
28403 (Responsible Party: Frederick
Scharf, Ph.D.).
Christopher Marshall, Ph.D., Texas A&M
University, 200 Seawolf Parkway, Building
3029, Room 253, Galveston, TX 77553.
Los Angeles County Museum of Natural
History, 900 Exposition Boulevard, Los
Angeles, CA 90007 (Responsible Party:
Lori Bettison-Varga, Ph.D.).
84 FR 56606, August 18, 2023 .........
September 21,
2023.
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
VerDate Sep<11>2014
16:55 Oct 12, 2023
Jkt 262001
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
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Sfmt 4703
Issuance date
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.
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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices
Dated: October 10, 2023.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2023–22654 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD280]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of modification to
expiration date of letter of authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico (GOM),
notification is hereby given that NMFS
has modified the expiration date of a
Letter of Authorization (LOA) issued to
CGG for the take of marine mammals
incidental to geophysical survey activity
in the GOM.
DATES: This LOA is effective through
April 7, 2024.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://
www.fisheries.noaa.gov/marinemammal-protection/issued-lettersauthorization-oil-and-gas-industrygeophysical-survey. In case of problems
accessing these documents, please call
the contact listed below (FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
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16:55 Oct 12, 2023
Jkt 262001
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: any act of
pursuit, torment, or annoyance which:
(i) has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
On January 19, 2021, we issued a final
rule with regulations to govern the
unintentional taking of marine
mammals incidental to geophysical
survey activities conducted by oil and
gas industry operators, and those
persons authorized to conduct activities
on their behalf (collectively ‘‘industry
operators’’), in U.S. Federal waters of
the GOM over the course of 5 years (86
FR 5322, January 19, 2021). The rule
was based on our findings that the total
taking from the specified activities over
the 5-year period will have a negligible
impact on the affected species or
stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of those species or
stocks for subsistence uses. The rule
became effective on April 19, 2021.
Our regulations at 50 CFR 217.180 et
seq. allow for the issuance of LOAs to
industry operators for the incidental
take of marine mammals during
geophysical survey activities and
prescribe the permissible methods of
taking and other means of affecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat (often referred to as
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Fmt 4703
Sfmt 4703
70935
mitigation), as well as requirements
pertaining to the monitoring and
reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
authorized under the LOA is of no more
than small numbers.
NMFS issued an LOA to CGG on
March 24, 2023, for the take of marine
mammals incidental to a threedimensional (3D) ocean bottom node
(OBN) survey over approximately 200
lease blocks in the Walker Ridge and
Green Canyon areas of the central GOM,
effective May 1 through December 31,
2023. Please see the Federal Register
notice of issuance (88 FR 17819, March
24, 2023) for additional detail regarding
the LOA and the survey activity.
CGG initially anticipated that the
activity would occur at some point
between May 1 and December 31, 2023.
CGG subsequently conveyed to NMFS
that the survey would occur later than
previously expected. CGG has requested
modification to the expiration date of
the LOA (from December 31, 2023 to
April 7, 2024) to accommodate the
survey delays. There are no other
changes to CGG’s planned activity.
Since issuance of the LOA, no survey
work has occurred.
Authorization
NMFS has changed the expiration
date of the LOA from December 31,
2023 to April 7, 2024. There are no
other changes to the LOA as described
in the March 24, 2023, Federal Register
notice of issuance (88 FR 17819): the
specified survey activity; estimated take
by incidental harassment; and small
numbers analysis and determination
remain unchanged and are herein
incorporated by reference.
Dated: October 10, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–22670 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD450]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\13OCN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 70934-70935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22654]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD457]
Marine Mammals and Endangered Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permits, permit amendments, and permit
modifications.
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SUMMARY: Notice is hereby given that permits, permit amendments, and
permit modifications 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. 23200-
02 and 27109), Carrie Hubard (Permit No. 21485), Jennifer Skidmore
(Permit No. 27489), and Shasta McClenahan, Ph.D. (Permit No. 21425-01);
at (301) 427-8401.
SUPPLEMENTARY INFORMATION: Notices were published in the Federal
Register on the dates listed below that requests for a permit, permit
amendment, or permit modification had been submitted by the below-named
applicants. To locate the Federal Register notice that announced our
receipt of the application and a 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 Amendments, and Permit Modifications
----------------------------------------------------------------------------------------------------------------
Previous Federal
Permit No. RTID Applicant Register notice Issuance date
----------------------------------------------------------------------------------------------------------------
21425-01...................... 0648-XG297....... Point Blue 83 FR 64114, September 22, 2023.
Conservation December 13,
Science, 3820 2018.
Cypress Drive,
No. 11,
Petaluma, CA
94954
(Responsible
Party: Grant
Ballard, Ph.D.).
21485-01...................... 0648-XG288....... Jooke Robbins, 84 FR 4441, September 18, 2023.
Ph.D., Center February 15,
for Coastal 2019.
Studies, 5
Holway Avenue,
Provincetown, MA
02657.
23200-02...................... 0648-XC219....... University of 88 FR 52130, September 21, 2023.
North Carolina, August 7, 2023.
Wilmington, 601
South College
Road,
Wilmington, NC
28403
(Responsible
Party: Frederick
Scharf, Ph.D.).
27109......................... 0648-XD122....... Christopher 88 FR 42915, July September 6, 2023.
Marshall, Ph.D., 5, 2023.
Texas A&M
University, 200
Seawolf Parkway,
Building 3029,
Room 253,
Galveston, TX
77553.
27489......................... 0648-XD261....... Los Angeles 84 FR 56606, September 21, 2023.
County Museum of August 18, 2023.
Natural History,
900 Exposition
Boulevard, Los
Angeles, CA
90007
(Responsible
Party: Lori
Bettison-Varga,
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.
[[Page 70935]]
Dated: October 10, 2023.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023-22654 Filed 10-12-23; 8:45 am]
BILLING CODE 3510-22-P
