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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
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mammals observed during the course of construction. The report must include an extrapolation of the estimated takes by Level B harassment based on the number of observed disturbances within the Level B harassment zone and the percentage of time the Level B
harassment zone was not monitored;
i.e., 50 percent of time for the two restoration areas and 80 percent of the time for the borrow and other areas. If comments are received from the NMFS
Office of Protected Resources on the draft report, a final report shall be submitted to NMFS within 30 days thereafter following resolution of comments on the draft report from NMFS. If no comments are received from NMFS, the draft report will be considered to be the final report. This report must contain the informational elements described above.
Comments and Responses As noted previously, NMFS published a notice of a proposed IHA 84 FR
72308; December 31, 2019 and solicited public comments on both our proposal to issue the initial IHA for CDFWs activity and on the potential for a Renewal IHA, should certain requirements be met. All public comments were addressed in the notice announcing the issuance of the initial IHA 85 FR 14640; March 13, 2020.
Below, we describe how we have addressed, with updated information where appropriate, any comments received that specifically pertain to the Renewal of the 2020 IHA.
Comment: The Commission reiterated programmatic recommendations regarding NMFS potential use of the renewal mechanism for 1 year IHAs;
that NMFS refrain from issuing renewals for any authorization and instead use its abbreviated Federal Register notice process.
Response: In prior responses to comments about IHA Renewals e.g., 84
FR 52464; October 02, 2019 and 85 FR
53342, August 28, 2020, NMFS has explained how the Renewal process, as implemented, is consistent with the statutory requirements contained in section 101a5D of the MMPA, provides additional efficiencies beyond the use of abbreviated notices, and, further, promotes NMFS goals of improving conservation of marine mammals and increasing efficiency in the MMPA compliance process.
Therefore, we intend to continue implementing the Renewal process.
Preliminary Determinations NMFS has preliminarily concluded that there is no new information suggesting that our analysis or findings
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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
CDFW activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action, and; 5
appropriate monitoring and reporting requirements are included.
Endangered Species Act Section 7a2 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.
No incidental take of ESA-listed species is proposed for authorization or expected to result from this activity in the Elkhorn Slough Reserve. Therefore, NMFS has determined that formal consultation under section 7 of the ESA
is not required for this action.
Proposed Renewal IHA and Request for Public Comment As a result of these preliminary determinations, NMFS proposes to issue a Renewal IHA to CDFW for conducting Phase II of the Elkhorn Slough Tidal Marsh Restoration Project in Elkhorn Slough located in Monterey County, California, provided the previously described mitigation, monitoring, and reporting requirements are incorporated.
A draft of the proposed and final initial IHA can be found at https
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We request comment on our analyses, the proposed Renewal IHA, and any other aspect of this notice. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization.

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Dated: June 2, 2021.
Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202111915 Filed 6721; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XB146

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Portsmouth Naval Shipyard Dry Dock 1
Modification and Expansion National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; issuance of 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 an IHA to the U.S. Navy Navy to incidentally harass, by Level B and Level A harassment, marine mammals incidental to Portsmouth Naval Shipyard PNSY Dry Dock 1 DD1 modification and expansion in Kittery, Maine.
DATES: This authorization is effective from June 2, 2021 through June 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Carter Esch, Office of Protected Resources, NMFS, 301 4278421.
Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background The MMPA prohibits the take of marine mammals, with certain exceptions. Sections 101a5A 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
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