Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Lower Columbia River Dredged Material Management Plan, Oregon and Washington, 41941-41942 [2024-10423]

Download as PDF Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices D. Whether to Include Domestic Brazilian Pricing Data in Tier Two World Market Benchmark Prices Comment 6: Whether to Revise the Veneer for LTAR Benchmark A. Whether to Include Harmonized System (HS) Subheading 4408.31 B. Whether to Exclude HS Subheadings 4407.10 and 4407.11 C. Whether to Exclude Certain Allegedly Aberrational Data from Singapore Comment 7: Whether to Revise the Plywood for LTAR Benchmark Comment 8: Whether to Rely on Certain Ocean Freight Benchmark Data Used to Calculate the Ocean Freight Benchmarks Comment 9: Whether Loans from NonChinese Owned Banks Are Countervailable Comment 10: Whether Commerce Made Ministerial Errors in the Subsidy Rate Calculations Pertaining to Various Provision of Inputs for LTAR Programs XI. Recommendation Appendix II—Non-Selected Companies Under Review 1. Dalian Penghong Floor Products Co., Ltd. 2. Dalian Shumaike Floor Manufacturing Co., Ltd. 3. Fine Furniture (Shanghai) Limited 13 4. Fusong Jinlong Wooden Group Co., Ltd. 5. Fusong Qianqiu Wooden Product Co., Ltd. 6. Huzhou Fulinmen Imp. & Exp. Co., Ltd. 7. Huzhou Jesonwood Co., Ltd. 8. Jiangsu Guyu International Trading Co., Ltd. 9. Jiashan HuiJiaLe Decoration Material Co., Ltd. 10. Metropolitan Hardwood Floors, Inc. 11. Pinge Timber Manufacturing (Zhejiang) Co., Ltd. 12. Zhejiang Fuerjia Wooden Co., Ltd. [FR Doc. 2024–10512 Filed 5–13–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD929] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Lower Columbia River Dredged Material Management Plan, Oregon and Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: 13 Commerce previously found Great Wood (Tonghua) Ltd. and Fine Furniture Plantation (Shishou) Ltd. to be cross-owned with Fine Furniture (Shanghai) Limited. See Multilayered Wood Flooring from the People’s Republic of China: Final Affirmative Countervailing Duty Determination,76 FR 64313 (October 18, 2011). VerDate Sep<11>2014 17:01 May 13, 2024 Jkt 262001 NMFS has received a request from the U.S. Army Corps of Engineers (USACE), Portland District, for authorization to take, by Level A and Level B harassment only, small numbers of marine mammals incidental to the Lower Columbia River (LCR) Dredged Material Management Plan (DMMP), in Oregon and Washington, for a period of 5 years from November 2028 through February 2032. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of USACE’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on USACE’s application and request. DATES: Comments and information must be received no later than June 13, 2024. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Pauline@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. An electronic copy of USACE’s application may be obtained online at: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 41941 SUPPLEMENTARY INFORMATION: Background 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 issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An incidental take authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an immitigable 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 October 18, 2023, NMFS received an application from the USACE requesting authorization for take of marine mammals incidental to in-water construction activities associated with the LCR DMMP in Oregon and Washington between River Mile (RM) 23 and RM 36. We provided comments on the application and the USACE submitted a revised version on February 27, 2024. We deemed the application adequate and complete on April 25, 2024. The requested regulations under which we would issue the requested E:\FR\FM\14MYN1.SGM 14MYN1 41942 Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices LOA would be valid for 5 years, November 2028 through February 2032. The USACE plans to construct new structures with pilings in the Lower Columbia River. The full DMMP includes proposed dredging and placement operations between RM 3 and RM 105.5. However, the scope of this request for a LOA is limited to potential pile driving that would be associated with any new structures installed under the DMMP which would occur between RM 23 and RM 36. Inwater impact and vibratory pile driving of steel and timber piles may incidentally expose marine mammals to elevated levels of noise, thereby resulting in incidental take, by Level A and Level B harassment only. Therefore, the USACE requests authorization to incidentally take marine mammals. Dated: May 7, 2024. Catherine Marzin, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. Specified Activities SUMMARY: The purpose of the proposed project is to maintain the authorized LCR Federal Navigation Channel depth and width for a minimum of 20 years in the least cost, operationally feasible, and environmentally acceptable manner in order to provide continued reliable, safe, and efficient transportation of waterborne commerce and uninterrupted transit for fully loaded vessels in the LCR. The USACE anticipates 141 in-water work days will be required to install approximately 1,029, 12-inch timber piles and 1,038, 24-inch steel piles via impact and vibratory driving over 5 years. The number of in-water work days per year would range from 1 (Year 2) to 51 (Year 5). Take by Level A and Level B harassment has been requested for harbor seal (Phoca vitulina richardii), Steller sea lion (Eumetopias jubatus), and California sea lion (Zalophus californianus). The USACE’s application contains mitigation and monitoring measures designed to reduce impacts to marine mammals. The application also contains proposed marine mammal monitoring and reporting plans. khammond on DSKJM1Z7X2PROD with NOTICES Information Solicited Interested persons may submit information, suggestions, and comments concerning USACE’s request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by USACE, if appropriate. VerDate Sep<11>2014 17:01 May 13, 2024 Jkt 262001 [FR Doc. 2024–10423 Filed 5–13–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Documentation of Fish Harvest National Marine Fisheries Service (NMFS), Commerce. ACTION: Notice of information collection; request for comments. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to the Office of Management and Budget (OMB) for review. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before July 15, 2024. ADDRESSES: Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at noaa.pra@noaa.gov. Reference OMB Control Number 0648–0365 in the subject line of your comments. All comments received are part of the public record and will generally be posted on https://www.regulations.gov without change. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Rick DeVictor, NMFS, Southeast Regional Office, Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, Florida 33701, telephone: 727–824– 5305, email: rick.devictor@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract The NMFS Southeast Region proposes to extend the information collection PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 currently approved under OMB Control Number 0648–0365, South Atlantic Documentation of Fish Harvest. The NMFS Southeast Region manages commercial fishing in Federal waters of the South Atlantic under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). South Atlantic Federal waters encompass the area offshore of North Carolina and south through the east coast of Florida. Federally permitted seafood dealers who process or sell federally managed snapper and grouper species during seasonal fishery closures in the South Atlantic for those applicable species must maintain documentation, as specified in 50 CFR part 300 subpart K and 50 CFR 622.192(i), that such fish were harvested from areas other than state or Federal waters in the South Atlantic. The applicable snapper and grouper species are greater amberjack, gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney. The required documentation includes information about the vessel that harvested the fish, and where and when the fish were offloaded. The required documentation also requires a signed statement by the dealer that attests to the harvest of the applicable species from areas other than the South Atlantic. NMFS requires the information for the enforcement of fishery regulations at 50 CFR 622, subpart I. II. Method of Collection The information is in the form of a paper affidavit that a dealer creates and retains. III. Data OMB Control Number: 0648–0365. Form Number(s): None. Type of Review: Regular submission— extension of a current information collection. Affected Public: Businesses or other for-profit organizations. Estimated Number of Respondents: 379. Estimated Time per Response: 10 minutes. Estimated Total Annual Burden Hours: 63 hours. Estimated Total Annual Cost to Public: $0 in recordkeeping and reporting costs. Respondent’s Obligation: Mandatory. Legal Authority: Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 41941-41942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10423]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD929]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Lower Columbia River Dredged Material Management 
Plan, Oregon and Washington

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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

SUMMARY: NMFS has received a request from the U.S. Army Corps of 
Engineers (USACE), Portland District, for authorization to take, by 
Level A and Level B harassment only, small numbers of marine mammals 
incidental to the Lower Columbia River (LCR) Dredged Material 
Management Plan (DMMP), in Oregon and Washington, for a period of 5 
years from November 2028 through February 2032. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of USACE's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on USACE's application and request.

DATES: Comments and information must be received no later than June 13, 
2024.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.
    An electronic copy of USACE's application may be obtained online 
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    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 issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an immitigable 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 October 18, 2023, NMFS received an application from the USACE 
requesting authorization for take of marine mammals incidental to in-
water construction activities associated with the LCR DMMP in Oregon 
and Washington between River Mile (RM) 23 and RM 36. We provided 
comments on the application and the USACE submitted a revised version 
on February 27, 2024. We deemed the application adequate and complete 
on April 25, 2024. The requested regulations under which we would issue 
the requested

[[Page 41942]]

LOA would be valid for 5 years, November 2028 through February 2032. 
The USACE plans to construct new structures with pilings in the Lower 
Columbia River. The full DMMP includes proposed dredging and placement 
operations between RM 3 and RM 105.5. However, the scope of this 
request for a LOA is limited to potential pile driving that would be 
associated with any new structures installed under the DMMP which would 
occur between RM 23 and RM 36. In-water impact and vibratory pile 
driving of steel and timber piles may incidentally expose marine 
mammals to elevated levels of noise, thereby resulting in incidental 
take, by Level A and Level B harassment only. Therefore, the USACE 
requests authorization to incidentally take marine mammals.

Specified Activities

    The purpose of the proposed project is to maintain the authorized 
LCR Federal Navigation Channel depth and width for a minimum of 20 
years in the least cost, operationally feasible, and environmentally 
acceptable manner in order to provide continued reliable, safe, and 
efficient transportation of waterborne commerce and uninterrupted 
transit for fully loaded vessels in the LCR. The USACE anticipates 141 
in-water work days will be required to install approximately 1,029, 12-
inch timber piles and 1,038, 24-inch steel piles via impact and 
vibratory driving over 5 years. The number of in-water work days per 
year would range from 1 (Year 2) to 51 (Year 5). Take by Level A and 
Level B harassment has been requested for harbor seal (Phoca vitulina 
richardii), Steller sea lion (Eumetopias jubatus), and California sea 
lion (Zalophus californianus). The USACE's application contains 
mitigation and monitoring measures designed to reduce impacts to marine 
mammals. The application also contains proposed marine mammal 
monitoring and reporting plans.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning USACE's request (see ADDRESSES). NMFS will consider 
all information, suggestions, and comments related to the request 
during the development of proposed regulations governing the incidental 
taking of marine mammals by USACE, if appropriate.

    Dated: May 7, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-10423 Filed 5-13-24; 8:45 am]
BILLING CODE 3510-22-P


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