Federal Register - March 29, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
The Commission was also concerned that NMFS had not explicitly identified that a 1 year renewal IHA was a onetime opportunity in our Federal Register notices nor on our website.
NMFS has since identified in Federal Register notices and on our website that a renewal IHA is one time opportunity.
Preliminary Determinations The survey activities proposed by Atlantic Shores are identical to and a subset of those analyzed in the initial IHA, as are the method of taking and the effects of the action. The mitigation measures and monitoring and reporting requirements as described above are also identical to the initial IHA. The planned number of days of activity will be reduced given the completion of a small portion of the originally planned work. Therefore, the amount of take proposed is equal to or less than that authorized in the initial IHA. The potential effect of Atlantic Shores activities remains limited to Level B
harassment in the form of behavioral disturbance. In analyzing the effects of the activities in the initial IHA, NMFS
determined that Atlantic Shores activities would 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.
NMFS has preliminarily 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
Atlantic Shores 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
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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, in this case with the NMFS Greater Atlantic Regional Fisheries Office GARFO, whenever we propose to authorize take for endangered or threatened species.
The NMFS Office of Protected Resources is proposing to authorize the incidental take of four species of marine mammals which are listed under the ESA: The North Atlantic right, fin, sei, and sperm whale. The Bureau of Ocean Energy Management BOEM and U.S.
Army Corps of Engineers consulted with NMFS Greater Atlantic Regional Office GARFO under section 7 of the ESA on commercial wind lease issuance and site assessment activities on the Atlantic Outer Continental Shelf in Massachusetts, Rhode Island, New York and New Jersey Wind Energy Areas. The resulting Biological Opinion, issued on April 10, 2013, concluded the proposed action may adversely affect but is not likely to jeopardize the continued existence of the four aforementioned species.
On April 13, 2020, GARFO
determined that the 2013 Biological Opinion remained valid for issuance of Atlantic Shores initial IHA and that the proposed MMPA authorization provides no new information about the effects of the action, nor does it change the extent of effects of the action, or any other basis to require reinitiation of the Opinion. Similarly, on March 3, 2021, GARFO concluded the same for issuance of the Renewal IHA to Atlantic Shores. Therefore, the 2013 Biological Opinion meets the requirements of section 7a2 of the ESA and implementing regulations at 50 CFR 402
for our proposed action to issue an IHA
under the MMPA, and no further consultation is required.
The 2013 Biological Opinion and amended ITS can be found at www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable.
Proposed Renewal IHA and Request for Public Comment As a result of these preliminary determinations, NMFS proposes to issue a renewal IHA to Atlantic Shores for conducting marine site characterization surveys off New York and New Jersey, effective from April 20, 2021 through April 19, 2022, provided the previously described mitigation, monitoring, and reporting requirements are incorporated.
A draft of the proposed and initial IHA
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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.
Dated: March 24, 2021.
Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202106423 Filed 32621; 8:45 am BILLING CODE 351022P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XA963
International Affairs; U.S. Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory Area National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notification of U.S. fishing opportunities.
AGENCY:
We are announcing a fishing opportunity in the Northwest Atlantic Fisheries Organization Regulatory Area for shrimp in Division 3M. This action is necessary to make fishing privileges in the Regulatory Area available on an equitable basis to the extent possible.
Fishing privileges for all other stocks for which the United States has access were previously allocated for 20202024. The intended effect of this notice is to alert U.S. fishing vessels of these fishing opportunities, to relay the available quotas available to U.S. participants, and to outline the process and requirements for vessels to apply to participate in this fishery.
DATES: Effective April 13, 2021 through December 31, 2024. Expressions of interest regarding fishing opportunities in the Northwest Atlantic Fisheries Organization NAFO will be accepted through April 13, 2021.
ADDRESSES: Expressions of interest regarding U.S. fishing opportunities in NAFO should be made in writing to Michael Pentony, U.S. Commissioner to NAFO, NMFS Greater Atlantic Regional Fisheries Office, by emailing Moira Kelly, Senior Fishery Program Specialist, at Moira.Kelly@noaa.gov.
SUMMARY:
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