Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction Activities Associated With the Murray St. Bridge Seismic Retrofit Project in Santa Cruz, California, 80212-80213 [2024-22723]
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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
lotter on DSK11XQN23PROD with NOTICES1
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; List of Gear by Fisheries and
Fishery Management Council
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite 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. Public
comments were previously requested
via the Federal Register on June 14,
2024, (89 FR 50564) during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: List of Gear by Fisheries and
Fishery Management Council.
OMB Control Number: 0648–0346.
Form Number(s): None.
Type of Request: Regular submission
[extension of a current information
collection].
Number of Respondents: 1.
Average Hours per Response: 1.
Total Annual Burden Hours: 0.33.
Needs and Uses: This request is for an
extension of a currently approved
information collection by the NOAA’s
National Marine Fisheries Service,
Office of Sustainable Fisheries. Under
the provisions of the Magnuson-Stevens
Fishery and Conservation and
Management Act (Magnuson-Stevens
Act) [16 U.S.C. 1801 et seq.], as
amended by the Sustainable Fisheries
Act [Pub. L. 104–297], the Secretary of
Commerce (Secretary) is required to
publish a list of all fisheries under
authority of each Regional Fishery
Management Council (Council) and all
such fishing gear used in such fisheries
(see section 305(a) of the MagnusonStevens Act). The list has been
published and appears in 50 CFR part
600.725(v). Any person wishing to use
gear not on the list, or engage in a
fishery not on the list, must provide the
appropriate Council or the Secretary, in
the case of Atlantic highly migratory
VerDate Sep<11>2014
18:16 Oct 01, 2024
Jkt 262001
species, with 90 days of advance notice.
If the Secretary takes no action to
prohibit such a fishery or use of such a
gear, the person may proceed.
Affected Public: Business or other forprofit organizations.
Frequency: As needed.
Respondent’s Obligation: Mandatory.
Legal Authority: Magnuson-Stevens
Act.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0346.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–22721 Filed 10–1–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE326]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Construction
Activities Associated With the Murray
St. Bridge Seismic Retrofit Project in
Santa Cruz, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorizations.
AGENCY:
NMFS has received a request
from the City of Santa Cruz for the reissuance of previously issued incidental
harassment authorizations (IHAs). The
initial IHAs authorized take incidental
to construction associated with Murray
St. Bridge seismic retrofit project in
Santa Cruz, California. The project has
been delayed and none of the planned
work has been conducted. The scope of
the activities and anticipated effects
remain the same, authorized take
numbers are not changed, and the
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
required mitigation, monitoring, and
reporting remains the same as included
in the initial IHAs. NMFS therefor is
reissuing identical IHAs, with the only
change being to the effective dates.
DATES: These authorizations are
effective from July 1, 2025 through June
30, 2026 and July 1, 2026 through June
30, 2027, respectively.
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
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
issued 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 the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms used above are included
in the relevant sections below and can
be found in section 3 of the MMPA (16
U.S.C. 1362) and NMFS regulations at
50 CFR 216.103.
Summary of Request
On May 2, 2023, NMFS published a
final notice of issuance for two
consecutive IHAs authorizing take of
marine mammals incidental to the
Murray St. Bridge seismic retrofit
project (88 FR 27452). The effective
dates of the IHAs were July 1, 2023
through June 30, 2024 and July 1, 2024
through June 30, 2025. On September 5,
E:\FR\FM\02OCN1.SGM
02OCN1
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
2024, the City of Santa Cruz informed
NMFS that the project was delayed.
None of the planned work (e.g., pile
driving and removal) has occurred. The
City of Santa Cruz submitted a request
that we reissue identical IHAs to be
effective from July 1, 2025 through June
30, 2026 and July 1, 2026 through June
30, 2027, in order to conduct the
construction work that was analyzed in
association with the previously issued
IHAs. There is no new information that
would affect the authorized take
numbers or required mitigation,
monitoring, and reporting requirements
and, therefore, the only change is to the
effective dates.
Summary of Specified Activity and
Anticipated Impacts
The planned activities, mitigation,
monitoring, and reporting requirements,
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
for the previously issued IHAs.
The City plans to conduct a seismic
retrofit on the Murray St. Bridge, which
spans the Santa Cruz Small Craft
Harbor. As part of the project, the City
will use vibratory pile extraction to
temporarily remove docks and
associated piles to accommodate
construction access to the bridge.
Impact pile driving will be used to
install additional bridge support piles.
In order to facilitate installation of
bridge piles, vibratory extraction may be
used to construct a temporary trestle. As
an alternative to the trestle, a temporary
barge may be constructed instead. The
purpose of the project is to provide the
bridge with additional vertical support
and resistance to lateral seismic forces
by installing additional pilings and
structural support elements. The City’s
activity includes impact and vibratory
pile driving and vibratory pile removal,
which may result in the incidental take
of marine mammals by Level A and
Level B harassment. The Murray St.
Bridge project area includes waters
within the Santa Cruz Small Craft
Harbor and adjacent lands managed by
the Santa Cruz Port District. The
location, timing, and nature of the
activities, including the types of
equipment planned for use, are identical
to those described in the initial IHAs.
The mitigation and monitoring are also
as prescribed in the initial IHA.
Species that are expected to be taken
incidental to the planned activity
include California sea lions (Zalophus
californianus) and harbor seals (Phoca
vitulina richardii). A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
VerDate Sep<11>2014
18:16 Oct 01, 2024
Jkt 262001
is found in the previous documents
referenced above. The data inputs and
methods of estimating take are identical
to those used for the initial IHAs. NMFS
has reviewed recent Stock Assessment
Reports and information on relevant
Unusual Mortality Events, and
determined that no new information
affects our original analysis of impacts
or take estimate for the initial IHAs.
We refer to the documents related to
the previously issued IHAs, which
include the Federal Register notice of
the issuance of the initial IHAs for the
City of Santa Cruz’s construction work
(88 FR 27452, May 2, 2023), the
application, the Federal Register notice
of the proposed IHA (88 FR 12316,
February 27, 2023), and all associated
references and documents.
Determinations
The City of Santa Cruz will conduct
activities as analyzed for the initial
IHAs. As described above, the number
of authorized takes of the same species
and stocks of marine mammals are
identical to the numbers that were
found to meet the negligible impact and
small numbers standards and
authorized under the initial IHAs and
no new information has emerged that
would change those findings. The reissued IHAs include identical required
mitigation, monitoring, and reporting
measures as the initial IHAs, and there
is no new information suggesting that
our analysis or findings should change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
the required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) the City of Santa
Cruz’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
PO 00000
Frm 00022
Fmt 4703
Sfmt 9990
80213
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 at the time of issuance that
the IHAs qualify to be categorically
excluded from further NEPA review,
and there is no new information that
would affect this determination.
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
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 the City for the potential
harassment of small numbers of harbor
seals and California sea lions incidental
to the seismic retrofit of the Murray St.
Bridge project in Santa Cruz, California.
All previously described mitigation,
monitoring, and reporting requirements
from the initial IHAs are incorporated.
Dated: September 27, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–22723 Filed 10–1–24; 8:45 am]
BILLING CODE 3510–22–P
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02OCN1
]]>Agencies
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80212-80213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22723]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE326]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Construction Activities Associated
With the Murray St. Bridge Seismic Retrofit Project in Santa Cruz,
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorizations.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the City of Santa Cruz for
the re-issuance of previously issued incidental harassment
authorizations (IHAs). The initial IHAs authorized take incidental to
construction associated with Murray St. Bridge seismic retrofit project
in Santa Cruz, California. The project has been delayed and none of the
planned work has been conducted. The scope of the activities and
anticipated effects remain the same, authorized take numbers are not
changed, and the required mitigation, monitoring, and reporting remains
the same as included in the initial IHAs. NMFS therefor is reissuing
identical IHAs, with the only change being to the effective dates.
DATES: These authorizations are effective from July 1, 2025 through
June 30, 2026 and July 1, 2026 through June 30, 2027, respectively.
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
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 issued 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 the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms used above are included in the
relevant sections below and can be found in section 3 of the MMPA (16
U.S.C. 1362) and NMFS regulations at 50 CFR 216.103.
Summary of Request
On May 2, 2023, NMFS published a final notice of issuance for two
consecutive IHAs authorizing take of marine mammals incidental to the
Murray St. Bridge seismic retrofit project (88 FR 27452). The effective
dates of the IHAs were July 1, 2023 through June 30, 2024 and July 1,
2024 through June 30, 2025. On September 5,
[[Page 80213]]
2024, the City of Santa Cruz informed NMFS that the project was
delayed. None of the planned work (e.g., pile driving and removal) has
occurred. The City of Santa Cruz submitted a request that we reissue
identical IHAs to be effective from July 1, 2025 through June 30, 2026
and July 1, 2026 through June 30, 2027, in order to conduct the
construction work that was analyzed in association with the previously
issued IHAs. There is no new information that would affect the
authorized take numbers or required mitigation, monitoring, and
reporting requirements and, therefore, the only change is to the
effective dates.
Summary of Specified Activity and Anticipated Impacts
The planned activities, mitigation, monitoring, and reporting
requirements, authorized incidental take, and anticipated impacts on
the affected stocks are the same as those analyzed for the previously
issued IHAs.
The City plans to conduct a seismic retrofit on the Murray St.
Bridge, which spans the Santa Cruz Small Craft Harbor. As part of the
project, the City will use vibratory pile extraction to temporarily
remove docks and associated piles to accommodate construction access to
the bridge. Impact pile driving will be used to install additional
bridge support piles. In order to facilitate installation of bridge
piles, vibratory extraction may be used to construct a temporary
trestle. As an alternative to the trestle, a temporary barge may be
constructed instead. The purpose of the project is to provide the
bridge with additional vertical support and resistance to lateral
seismic forces by installing additional pilings and structural support
elements. The City's activity includes impact and vibratory pile
driving and vibratory pile removal, which may result in the incidental
take of marine mammals by Level A and Level B harassment. The Murray
St. Bridge project area includes waters within the Santa Cruz Small
Craft Harbor and adjacent lands managed by the Santa Cruz Port
District. The location, timing, and nature of the activities, including
the types of equipment planned for use, are identical to those
described in the initial IHAs. The mitigation and monitoring are also
as prescribed in the initial IHA.
Species that are expected to be taken incidental to the planned
activity include California sea lions (Zalophus californianus) and
harbor seals (Phoca vitulina richardii). A description of the methods
and inputs used to estimate take anticipated to occur and, ultimately,
the take that was authorized is found in the previous documents
referenced above. The data inputs and methods of estimating take are
identical to those used for the initial IHAs. NMFS has reviewed recent
Stock Assessment Reports and information on relevant Unusual Mortality
Events, and determined that no new information affects our original
analysis of impacts or take estimate for the initial IHAs.
We refer to the documents related to the previously issued IHAs,
which include the Federal Register notice of the issuance of the
initial IHAs for the City of Santa Cruz's construction work (88 FR
27452, May 2, 2023), the application, the Federal Register notice of
the proposed IHA (88 FR 12316, February 27, 2023), and all associated
references and documents.
Determinations
The City of Santa Cruz will conduct activities as analyzed for the
initial IHAs. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHAs and no new information
has emerged that would change those findings. The re-issued IHAs
include identical required mitigation, monitoring, and reporting
measures as the initial IHAs, and there is no new information
suggesting that our analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) the City of
Santa Cruz's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs 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 at
the time of issuance that the IHAs qualify to be categorically excluded
from further NEPA review, and there is no new information that would
affect this determination.
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 whenever we propose to authorize take for
endangered or threatened species.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued two consecutive IHAs to the City for the potential
harassment of small numbers of harbor seals and California sea lions
incidental to the seismic retrofit of the Murray St. Bridge project in
Santa Cruz, California. All previously described mitigation,
monitoring, and reporting requirements from the initial IHAs are
incorporated.
Dated: September 27, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-22723 Filed 10-1-24; 8:45 am]
BILLING CODE 3510-22-P
