Federal Register - September 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
II. Method of Collection NMFS does not require, but does accept, conservation plans and reports electronically. NMFS has not developed a form to be used for submission of plans or reports. In the past, NMFS has made plans and annual reports from states available through the internet and plans to continue this practice.
information from public review, we cannot guarantee that we will be able to do so.
Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department.
FR Doc. 202120488 Filed 92121; 8:45 am BILLING CODE 351022P
III. Data OMB Control Number: 06480466.
Form Numbers: None.
Type of Review: Regular submission extension of a currently approved information collection.
Affected Public: Business or other forprofit organizations; State, local or tribal governments.
Estimated Number of Respondents: 1.
Estimated Time per Response: 2,500
hours to complete each agreement or plan that has the intention of making listing unnecessary; 320 hours to conduct monitoring for successful agreements; and 80 hours to prepare a report for successful agreements.
Estimated Total Annual Burden Hours: 3,300.
Estimated Total Annual Cost to Public: $150.
Respondents Obligation: Voluntary.
Legal Authority: ESA 16 U.S.C. 1533.
IV. Request for Comments We are soliciting public comments to permit NMFS to: a Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility;
b Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; c Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and d Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this information collection request. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XB358
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh Restoration Project, Phase III in Monterey County, California National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; issuance of an 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 incidental harassment authorization IHA to the California Department of Fish and Wildlife CDFW to incidentally harass, by Level B harassment only, marine mammals during restoration activity associated with the Elkhorn Slough Tidal Marsh Restoration Project, Phase III, in Monterey Bay, California.
DATES: This authorization is effective from September 16, 2021 through September 15, 2022.
FOR FURTHER INFORMATION CONTACT: Kim Corcoran, Office of Protected Resources, NMFS, 301 4278401. Electronic copies of the original application and supporting documents including NMFS
FR notices of the prior authorizations, as well as a list of the references cited in this document, may be obtained online at: https www.fisheries.
noaa.gov/permit/incidental-takeauthorizations-under-marine-mammalprotection-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
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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 incidental take authorization may be provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stocks and will not have an unmitigable adverse impact on the availability of the species or stocks 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 in shorthand as mitigation; and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.
The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.
Summary of Request On June 14, 2021, NMFS received a request from CDFW for an IHA to take marine mammals incidental to the Elkhorn Slough Restoration Project, Phase III, at the Seal Bend Restoration Area in Monterey Country, CA. The application was deemed adequate and complete on July 27, 2021. CDFWs request is for take of a small number of Pacific harbor seals Phoca vitulina by Level B harassment only. Neither CDFW
nor NMFS expects serious injury or mortality to result from this activity and, therefore, an IHA is appropriate.
NMFS previously issued an IHA to CDFW for Phase I 82 FR 16800; April 6, 2017 and Phase II 85 FR 14640;
March 13, 2020 of the Elkhorn Slough Restoration Project. Restoration work under the 2020 IHA at the MinhotoHester and Seal Bend restoration areas was expected to be completed within 180 days within the 1-year timeframe of the IHA. However, on May 3, 2021
CDFW informed NMFS that the estimated 180 days of construction for both the Minhoto-Hester and Seal Bend Restoration Areas would not be enough to complete the project. This preliminary estimate did not adequately
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