Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Phase II of the Richmond-San Rafael Bridge Restoration Project in Richmond, California, 22128-22131 [2024-06762]
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Dated: March 26, 2024.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2024–06727 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD826]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Phase II of the
Richmond-San Rafael Bridge
Restoration Project in Richmond,
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a renewal
incidental harassment authorization
(IHA) to California Department of
Transportation (Caltrans) to incidentally
harass marine mammals incidental to
Phase II of the Richmond-San Rafael
Bridge Restoration Project in Richmond,
California.
DATES: This renewal IHA is valid from
April 1, 2024 through March 30, 2025.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-californiadepartment-transportations-richmondsan-rafael. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
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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
promulgated or, if the taking is limited
to harassment, an IHA is issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and NMFS’s
implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
requested public comment on a
potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical,
or nearly identical, activities as
described in the Detailed Description of
Specified Activities section of the initial
IHA issuance notice is planned or (2)
the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
notice of issuance of the initial IHA,
provided all of the following conditions
are met:
1. A request for renewal is received no
later than 60 days prior to the needed
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renewal IHA effective date (recognizing
that the renewal IHA expiration date
cannot extend beyond 1 year from
expiration of the initial IHA).
2. The request for renewal must
include the following:
• An explanation that the activities to
be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
• A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
3. Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
renewal. A description of the renewal
process may be found on our website at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals.
History of Request
On July 31, 2023, NMFS issued an
IHA to Caltrans to take marine mammals
incidental to Phase II of the RichmondSan Rafael Bridge Restoration Project in
Richmond, California (88 FR 51778,
August 4, 2023), effective from August
1, 2023 through March 30, 2024. On
February 7, 2023, NMFS received an
application for the renewal of that
initial IHA. As described in the
application for renewal, the activities
for which incidental take is requested
consist of activities that are covered by
the initial authorization but will not be
completed prior to its expiration. As
required, the applicant also provided a
preliminary monitoring report (available
at https://www.fisheries.noaa.gov/
action/incidental-take-authorizationcalifornia-department-transportationsrichmond-san-rafael) which confirms
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
that the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted. The notice
of the proposed renewal IHA was
published on March 4, 2024 (89 FR
15549).
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Description of the Specified Activities
and Anticipated Impacts
Under the initial IHA Caltrans
proposed to conduct construction
activities to restore a portion of the
Richmond-San Rafael Bridge. Prior to
restoration work Caltrans would install
a debris containment system to ensure
contaminants from construction are not
deposited into San Francisco Bay.
Caltrans and NMFS concluded that
during the deployment and retrieval of
the containment system disturbance
(i.e., Level B harassment) may occur to
harbor seals hauled out at Castro Rocks.
Castro Rocks is an important haulout
location for harbor seals that is close to
the portion of the Richmond-San Rafael
Bridge where construction work is
occurring.
Under the initial IHA Caltrans took 19
days to deploy the debris containment
system and during this time protected
species observers (PSOs) did not
observe any disturbance of harbor seals
hauled out at Castro Rocks. Caltrans will
be unable to remove the debris
containment system before the
expiration of the initial IHA. Therefore,
this renewal will allow for the removal
of the debris containment system and
completion of the restoration project.
NMFS authorized 9,000 takes of harbor
seals by Level B harassment under the
initial IHA, for the installation and
removal of the debris containment
system. This renewal will authorize a
portion of the number of takes
authorized in the initial IHA based on
the days remaining to complete the
work.
All documents related to the initial
IHA and the applicant’s request for
renewal are available on our website at:
https://www.fisheries.noaa.gov/action/
incidental-take-authorization-californiadepartment-transportations-richmondsan-rafael.
Detailed Description of the Activity
A detailed description of the
construction activities for which take is
authorized here may be found in the
Notices of the Proposed (88 FR 41920,
June 28, 2023) and Final IHAs (88 FR
51778, August 4, 2023) for the initial
authorization. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
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identical to those described in the
previous notices. This renewal IHA is
effective from April 1, 2024 through
March 30, 2025.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
including information on abundance,
status, distribution, and hearing, may be
found in the Federal Register notice of
the Proposed IHA (88 FR 41920, June
28, 2023) for the initial authorization.
NMFS has reviewed the monitoring data
from the initial IHA, 2023 draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined there is no new information
that affects which species or stocks have
the potential to be affected or the
pertinent information in the Description
of the Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat may be
found in the Federal Register notice of
the Proposed IHA (88 FR 41920, June
28, 2023) for the initial authorization.
NMFS has reviewed the monitoring data
from the initial IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that there is no new
information that affects our initial
analysis of impacts on marine mammals
and their habitat.
Estimated Take
The initial IHA assumed a daily
occurrence rate of 300 harbor seals per
day on Castro Rocks. Caltrans expected
the installation and removal of the
debris containment system to take
approximately 30 days. Therefore, the
initial IHA authorized a total of 9,000
takes by Level B harassment to complete
the installation and removal of the
debris containment system. Under the
initial IHA Caltrans installed the debris
containment system over a 19 day
period and no takes by Level B
harassment of harbor seals were
observed during that time. The removal
of the debris containment system will
not be completed before the initial IHA
expires.
This IHA renewal will authorize take
by Level B harassment of harbor seals
during the removal of the debris
containment system. It is expected to
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take a total of 10 days to remove the
debris containment system once the
construction activities are completed.
NMFS assumes a similar daily
occurrence rate of 300 harbor seals per
day on Castro Rocks which over the 10
days of remaining work will equate to
a total of 3,000 takes by Level B
harassment of harbor seals under this
renewal IHA. A detailed description of
the methods and inputs used to estimate
take for the specified activity are found
in the Federal Register notices of the
Proposed IHA (88 FR 41920, June 28,
2023) and Final IHA (88 FR 51778,
August 4, 2023) for the initial
authorization.
Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA, and the
discussion of the least practicable
adverse impact included in the Federal
Register notice of the Proposed IHA (88
FR 41920, June 28, 2023) remains
accurate. The following mitigation
measures are required for this renewal:
• Seasonal Work Restrictions:
installation or removal of the debris
containment system must not occur
between Piers 52–57 from April 1–July
31 due to the pupping and molting
period of harbor seals;
• Work must not take place outside of
the containment system on the bridge
between Piers 52–57 from April 1 to
July 31;
• A non-disturbance buffer will be
established within 400 feet (121 meters)
of Castro Rocks on the south side of
bridge;
• Staging of barges will not be
allowed in the project area;
• Routes for watercraft to reach work
locations will be predetermined in
consultation with the project biologist to
avoid harassment or take of marine
mammals hauled out at Castro Rocks;
and
• No piles may be driven or vibrated
to create staging locations for any
watercraft. Barges and vessels will be
tethered to the existing concrete bridge
piers.
The following monitoring and
reporting measures are required for this
renewal:
• Caltrans will monitor to collect data
on marine mammal behavior, counts of
the individuals observed, and the
frequency of the observations. Caltrans
will collect sighting data and
observations on behavioral responses to
construction for marine mammal
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
species observed in the region of
activity during the period of
construction. All observers will be
trained in the identification of marine
mammals and marine mammal
behaviors;
• PSOs must be independent
observers (i.e., not construction
personnel). All PSOs must have the
ability to conduct field observations and
collect data according to assigned
protocols, be experienced in field
identification of marine mammals and
their behaviors. Caltrans must submit
their resumes to NMFS for approval;
• Biological monitoring must occur 5
days prior to the Project’s start date, to
establish baseline observations;
• Observation periods will
encompass different tide levels and
hours of the day. Monitoring of marine
mammals around the construction site
will be conducted using binoculars as
necessary; and
• The location of the PSOs will be at
a monitoring platform positioned on
Pier 55 of the Richmond-San Rafael
Bridge, at the closest pier of the
Richmond-San Rafael Bridge to Castro
Rocks. Pier 55 is approximately 21
meters from the nearest rock at Castro
Rocks harbor seal colony.
Caltrans shall submit a draft report to
NMFS within 90 days of the completion
of marine mammal monitoring, or 60
days prior to the issuance of any
subsequent IHA for this project (if
required), whichever comes first. The
annual report will detail the monitoring
protocol, summarize the data recorded
during monitoring, and estimate the
number of marine mammals that may
have been harassed. If no comments are
received from NMFS within 30 days, the
draft final report will become final. If
comments are received, a final report
must be submitted up to 30 days after
receipt of comments. All PSO datasheets
and/or raw sighting data must be
submitted with the draft marine
mammal report.
Reports shall contain the following
information:
• Dates and times (begin and end) of
all marine mammal monitoring;
• Construction activities occurring
during each daily observation period
including: (a) what type of restoration
work is being completed, and (b) the
total duration of work completed;
• PSO locations during monitoring;
and
• Environmental conditions during
monitoring periods (at beginning and
end of PSO shift and whenever
conditions change significantly),
including sea state and any other
relevant weather conditions including
cloud cover, fog, sun glare, and overall
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visibility to the horizon, and estimated
observable distance.
Upon observation of a marine
mammal, the following information
must be reported:
• Name of PSO who sighted the
animal(s) and PSO location and activity
at time of sighting;
• Time of sighting;
• Identification of the animal(s) (e.g.,
genus/species, lowest possible
taxonomic level, or unidentified), and
PSO confidence in identification;
• Distance and location of each
observed marine mammal relative to the
bridge restoration work;
• Estimated number of animals by
species (min/max/best estimate);
• Estimated number of animals by
cohort (adults, pups, and group
composition, etc.);
• Description of any marine mammal
behavioral observations (e.g., observed
behaviors such as feeding or traveling),
including an assessment of behavioral
responses thought to have resulted from
the activity (e.g., no response or changes
in behavioral state such flushing or head
posturing); and
• Detailed information about
implementation of any mitigation
measures, a description of specified
actions that ensured, and resulting
changes in behavior of the animal(s), if
any.
Comments and Responses
A notice of NMFS’ proposal to issue
a renewal IHA to Caltrans was
published in the Federal Register on
March 3, 2024 (89 FR 15549). That
notice either described, or referenced
descriptions of, the Caltrans’ activity,
the marine mammal species that may be
affected by the activity, the anticipated
effects on marine mammals and their
habitat, estimated amount and manner
of take, and proposed mitigation,
monitoring and reporting measures.
NMFS received no public comments on
the proposed IHA renewal notice.
Determinations
The activities conducted under this
potential renewal will be a subset of the
activities authorized under the initial
IHA. Specifically, this renewal will
authorize take incidental to the removal
of the debris containment system.
Removal of the debris containment
system is expected to take 10 days. Take
incidental to this activity was originally
authorized under the initial IHA but
Caltrans could not complete the removal
of the debris containment system before
the initial IHA expired. In analyzing the
effects of the activities for the initial
IHA, NMFS determined that the
Caltrans’ activities will have a negligible
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impact on the affected species or stocks
and that the authorized take numbers of
each species or stock were small relative
to the relevant stocks (e.g., less than
one-third of the abundance of all
stocks). There is no new information
that affects NMFS’ determinations
supporting issuance initial IHA or this
renewal. The mitigation measures and
monitoring and reporting requirements
as described above are identical to the
initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. Based
on the information and analysis
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; (4) Caltrans’ 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.
National Environmental Policy Act
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
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 National
Environmental Policy Act review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
IHA.
Endangered Species Act
No incidental take of Endangered
Species Act (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.
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Renewal
NMFS has issued a renewal IHA to
Caltrans for the take of marine mammals
incidental to conducting Phase II of the
Richmond-San Rafael Bridge
Restoration Project in Richmond,
California valid from April 1, 2024
through March 30, 2025.
Dated: March 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–06762 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add product(s) to the Procurement
List that will be furnished by nonprofit
agencies employing persons who are
blind or have other severe disabilities,
and deletes product(s) and service(s)
previously furnished by such agencies.
DATES: Comments must be received on
or before: April 28, 2024.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Michael R.
Jurkowski, telephone: (703) 785–6404 or
email CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUMMARY:
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Additions
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
product(s) and service(s) listed below
from nonprofit agencies employing
persons who are blind or have other
severe disabilities. In accordance with
41 CFR 51–2.4(b), Government
personnel within the contracting
activity have identified this as a product
requirement not applicable to other
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22131
Federal entities and has requested the
Committee consider granting a purchase
or distribution preference if the product
is added to the Procurement List. See 71
FR 69536 (Dec. 1, 2006). If the
Committee grants this request, the
Litter, Quad-Fold, De-contaminable will
not be available through the U.S.
AbilityOne Commission’s Commercial
Distribution Program. The Committee
will consider this request along with
relevant comments received from
interested parties. If the Committee adds
this product to the Procurement List,
direct orders for this product may be
authorized per 41 CFR 51–6.1 and
Federal Acquisition Regulation 8.705–2
if sufficient quantities are available for
direct purchase.
The following product(s) are proposed
for addition to the Procurement List for
production by the nonprofit agencies
listed:
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Product(s)
Michael R. Jurkowski, Telephone: (703)
785–6404 or email CMTEFedReg@
AbilityOne.gov.
NSN(s)—Product Name(s):
6530–01–686–1702—Litter, Quad-Fold,
Decontaminable
Authorized Source of Supply: The
Lighthouse for the Blind, Inc. (Seattle
Lighthouse), Seattle, WA
Contracting Activity: DEFENSE LOGISTICS
AGENCY, DLA TROOP SUPPORT
Distribution: C-List
Deletions
The following product(s) and
service(s) are proposed for deletion from
the Procurement List:
Product(s)
NSN(s)—Product Name(s):
7530–01–583–0556—Folders, File,
Reinforced Tab, Manila, 1⁄3 Cut, Letter
7530–01–583–0557—Folders, File,
Reinforced Tab, Manila, Straight Cut,
Letter
Contracting Activity: GSA/FAS ADMIN
SVCS ACQUISITION BR(2, NEW YORK,
NY
Service(s)
Service Type: File Maintenance
Mandatory for: U.S. Department of Treasury,
Bureau of Public Debt, 200 Third Street,
Parkersburg, WV
Authorized Source of Supply: SW Resources,
Inc., Parkersburg, WV
Contracting Activity: BUREAU OF THE
FISCAL SERVICE, PSB 3
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024–06704 Filed 3–28–24; 8:45 am]
BILLING CODE 6353–01–P
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Procurement List; Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
AGENCY:
ACTION:
Deletions from the Procurement
List.
This action deletes product(s)
and service(s) from the Procurement List
that will be furnished by nonprofit
agencies employing persons who are
blind or have other severe disabilities.
SUMMARY:
Date deleted from the
Procurement List: April 28, 2024.
DATES:
Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Deletions
On 2/23/2024, the Committee for
Purchase From People Who Are Blind
or Severely Disabled published notice of
proposed deletions from the
Procurement List. This notice is
published pursuant to 41 U.S.C. 8503
(a)(2) and 41 CFR 51–2.3.
After consideration of the relevant
matter presented, the Committee has
determined that the product(s) and
service(s) listed below are no longer
suitable for procurement by the Federal
Government under 41 U.S.C. 8501–8506
and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in
additional reporting, recordkeeping or
other compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
product(s) and service(s) to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the product(s) and
service(s) deleted from the Procurement
List.
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]]>Agencies
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22128-22131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06762]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD826]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Phase II of the Richmond-San Rafael
Bridge Restoration Project in Richmond, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to California Department of Transportation (Caltrans) to
incidentally harass marine mammals incidental to Phase II of the
Richmond-San Rafael Bridge Restoration Project in Richmond, California.
DATES: This renewal IHA is valid from April 1, 2024 through March 30,
2025.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-california-department-transportations-richmond-san-rafael. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the 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 promulgated or, if the taking is limited to harassment, an IHA is
issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On July 31, 2023, NMFS issued an IHA to Caltrans to take marine
mammals incidental to Phase II of the Richmond-San Rafael Bridge
Restoration Project in Richmond, California (88 FR 51778, August 4,
2023), effective from August 1, 2023 through March 30, 2024. On
February 7, 2023, NMFS received an application for the renewal of that
initial IHA. As described in the application for renewal, the
activities for which incidental take is requested consist of activities
that are covered by the initial authorization but will not be completed
prior to its expiration. As required, the applicant also provided a
preliminary monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-california-department-transportations-richmond-san-rafael) which confirms
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that the applicant has implemented the required mitigation and
monitoring, and which also shows that no impacts of a scale or nature
not previously analyzed or authorized have occurred as a result of the
activities conducted. The notice of the proposed renewal IHA was
published on March 4, 2024 (89 FR 15549).
Description of the Specified Activities and Anticipated Impacts
Under the initial IHA Caltrans proposed to conduct construction
activities to restore a portion of the Richmond-San Rafael Bridge.
Prior to restoration work Caltrans would install a debris containment
system to ensure contaminants from construction are not deposited into
San Francisco Bay. Caltrans and NMFS concluded that during the
deployment and retrieval of the containment system disturbance (i.e.,
Level B harassment) may occur to harbor seals hauled out at Castro
Rocks. Castro Rocks is an important haulout location for harbor seals
that is close to the portion of the Richmond-San Rafael Bridge where
construction work is occurring.
Under the initial IHA Caltrans took 19 days to deploy the debris
containment system and during this time protected species observers
(PSOs) did not observe any disturbance of harbor seals hauled out at
Castro Rocks. Caltrans will be unable to remove the debris containment
system before the expiration of the initial IHA. Therefore, this
renewal will allow for the removal of the debris containment system and
completion of the restoration project. NMFS authorized 9,000 takes of
harbor seals by Level B harassment under the initial IHA, for the
installation and removal of the debris containment system. This renewal
will authorize a portion of the number of takes authorized in the
initial IHA based on the days remaining to complete the work.
All documents related to the initial IHA and the applicant's
request for renewal are available on our website at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-california-department-transportations-richmond-san-rafael.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the Notices of the Proposed (88
FR 41920, June 28, 2023) and Final IHAs (88 FR 51778, August 4, 2023)
for the initial authorization. The location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices. This renewal IHA
is effective from April 1, 2024 through March 30, 2025.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice of the Proposed IHA (88 FR 41920, June 28,
2023) for the initial authorization. NMFS has reviewed the monitoring
data from the initial IHA, 2023 draft Stock Assessment Reports,
information on relevant Unusual Mortality Events, and other scientific
literature, and determined there is no new information that affects
which species or stocks have the potential to be affected or the
pertinent information in the Description of the Marine Mammals in the
Area of Specified Activities contained in the supporting documents for
the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat may be found in the Federal Register
notice of the Proposed IHA (88 FR 41920, June 28, 2023) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that there is no new information that affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
The initial IHA assumed a daily occurrence rate of 300 harbor seals
per day on Castro Rocks. Caltrans expected the installation and removal
of the debris containment system to take approximately 30 days.
Therefore, the initial IHA authorized a total of 9,000 takes by Level B
harassment to complete the installation and removal of the debris
containment system. Under the initial IHA Caltrans installed the debris
containment system over a 19 day period and no takes by Level B
harassment of harbor seals were observed during that time. The removal
of the debris containment system will not be completed before the
initial IHA expires.
This IHA renewal will authorize take by Level B harassment of
harbor seals during the removal of the debris containment system. It is
expected to take a total of 10 days to remove the debris containment
system once the construction activities are completed. NMFS assumes a
similar daily occurrence rate of 300 harbor seals per day on Castro
Rocks which over the 10 days of remaining work will equate to a total
of 3,000 takes by Level B harassment of harbor seals under this renewal
IHA. A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notices of the Proposed IHA (88 FR 41920, June 28, 2023) and Final IHA
(88 FR 51778, August 4, 2023) for the initial authorization.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA,
and the discussion of the least practicable adverse impact included in
the Federal Register notice of the Proposed IHA (88 FR 41920, June 28,
2023) remains accurate. The following mitigation measures are required
for this renewal:
Seasonal Work Restrictions: installation or removal of the
debris containment system must not occur between Piers 52-57 from April
1-July 31 due to the pupping and molting period of harbor seals;
Work must not take place outside of the containment system
on the bridge between Piers 52-57 from April 1 to July 31;
A non-disturbance buffer will be established within 400
feet (121 meters) of Castro Rocks on the south side of bridge;
Staging of barges will not be allowed in the project area;
Routes for watercraft to reach work locations will be
predetermined in consultation with the project biologist to avoid
harassment or take of marine mammals hauled out at Castro Rocks; and
No piles may be driven or vibrated to create staging
locations for any watercraft. Barges and vessels will be tethered to
the existing concrete bridge piers.
The following monitoring and reporting measures are required for
this renewal:
Caltrans will monitor to collect data on marine mammal
behavior, counts of the individuals observed, and the frequency of the
observations. Caltrans will collect sighting data and observations on
behavioral responses to construction for marine mammal
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species observed in the region of activity during the period of
construction. All observers will be trained in the identification of
marine mammals and marine mammal behaviors;
PSOs must be independent observers (i.e., not construction
personnel). All PSOs must have the ability to conduct field
observations and collect data according to assigned protocols, be
experienced in field identification of marine mammals and their
behaviors. Caltrans must submit their resumes to NMFS for approval;
Biological monitoring must occur 5 days prior to the
Project's start date, to establish baseline observations;
Observation periods will encompass different tide levels
and hours of the day. Monitoring of marine mammals around the
construction site will be conducted using binoculars as necessary; and
The location of the PSOs will be at a monitoring platform
positioned on Pier 55 of the Richmond-San Rafael Bridge, at the closest
pier of the Richmond-San Rafael Bridge to Castro Rocks. Pier 55 is
approximately 21 meters from the nearest rock at Castro Rocks harbor
seal colony.
Caltrans shall submit a draft report to NMFS within 90 days of the
completion of marine mammal monitoring, or 60 days prior to the
issuance of any subsequent IHA for this project (if required),
whichever comes first. The annual report will detail the monitoring
protocol, summarize the data recorded during monitoring, and estimate
the number of marine mammals that may have been harassed. If no
comments are received from NMFS within 30 days, the draft final report
will become final. If comments are received, a final report must be
submitted up to 30 days after receipt of comments. All PSO datasheets
and/or raw sighting data must be submitted with the draft marine mammal
report.
Reports shall contain the following information:
Dates and times (begin and end) of all marine mammal
monitoring;
Construction activities occurring during each daily
observation period including: (a) what type of restoration work is
being completed, and (b) the total duration of work completed;
PSO locations during monitoring; and
Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including sea state and any other relevant weather
conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance.
Upon observation of a marine mammal, the following information must
be reported:
Name of PSO who sighted the animal(s) and PSO location and
activity at time of sighting;
Time of sighting;
Identification of the animal(s) (e.g., genus/species,
lowest possible taxonomic level, or unidentified), and PSO confidence
in identification;
Distance and location of each observed marine mammal
relative to the bridge restoration work;
Estimated number of animals by species (min/max/best
estimate);
Estimated number of animals by cohort (adults, pups, and
group composition, etc.);
Description of any marine mammal behavioral observations
(e.g., observed behaviors such as feeding or traveling), including an
assessment of behavioral responses thought to have resulted from the
activity (e.g., no response or changes in behavioral state such
flushing or head posturing); and
Detailed information about implementation of any
mitigation measures, a description of specified actions that ensured,
and resulting changes in behavior of the animal(s), if any.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to Caltrans was
published in the Federal Register on March 3, 2024 (89 FR 15549). That
notice either described, or referenced descriptions of, the Caltrans'
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments on
the proposed IHA renewal notice.
Determinations
The activities conducted under this potential renewal will be a
subset of the activities authorized under the initial IHA.
Specifically, this renewal will authorize take incidental to the
removal of the debris containment system. Removal of the debris
containment system is expected to take 10 days. Take incidental to this
activity was originally authorized under the initial IHA but Caltrans
could not complete the removal of the debris containment system before
the initial IHA expired. In analyzing the effects of the activities for
the initial IHA, NMFS determined that the Caltrans' activities will
have a negligible impact on the affected species or stocks and that the
authorized take numbers of each species or stock were small relative to
the relevant stocks (e.g., less than one-third of the abundance of all
stocks). There is no new information that affects NMFS' determinations
supporting issuance initial IHA or this renewal. The mitigation
measures and monitoring and reporting requirements as described above
are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis 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;
(4) Caltrans' 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.
National Environmental Policy Act
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 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
National Environmental Policy Act review. NMFS has determined that the
application of this categorical exclusion remains appropriate for this
renewal IHA.
Endangered Species Act
No incidental take of Endangered Species Act (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.
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Renewal
NMFS has issued a renewal IHA to Caltrans for the take of marine
mammals incidental to conducting Phase II of the Richmond-San Rafael
Bridge Restoration Project in Richmond, California valid from April 1,
2024 through March 30, 2025.
Dated: March 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06762 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-22-P
