Federal Register - August 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices initial IHA 83 FR 30406; June 28, 2018
and the modified IHA 85 FR 86538;
December 30, 2020. Within 90 days after completion of pile driving activities, the Navy must provide NMFS
with a monitoring report which includes summaries of recorded takes and estimates of the number of marine mammals that may have been harassed.
If no comments are received from NMFS
within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.
In the unanticipated event that: 1
The specified activity clearly causes the take of a marine mammal in a manner prohibited by the IHA, such as an injury, serious injury or mortality; 2 an injured or dead animal is discovered and cause of death is known; or 3 an injured or dead animal is discovered and cause of death is not related to the project activities, the Navy will follow the protocols described in the Section 3
of Marine Mammal Monitoring Report Appendix D of the IHA application.
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Comments and Responses A notice of NMFS proposal to issue a renewal IHA to the Navy was published in the Federal Register on July 19, 2021 86 FR 38025. That notice described and referenced descriptions of the Navys activities, the marine mammal species that may be affected by the activities, the anticipated effects on marine mammals and their habitat, estimated amount and manner of take, and proposed mitigation, monitoring and reporting measures. NMFS received no public comments.
Determinations The activities planned by the Navy are identical to a subset of those analyzed in the 2018 IHA 83 FR 30406;
June 28, 2018 and discussed in the modified 2020 IHA 85 FR 86538;
December 30, 2020, as are the method of taking and the effects of the action.
The potential effects of the Navys activities are limited to Level A
harassment of one species harbor seals and Level B harassment in the form of behavioral disturbance for three species California sea lions, Steller sea lions, and harbor seals. As the activities described herein represent a subset, the take that was analyzed and described in the proposed renewal 86 FR 38025; July 18, 2021 is relatively smaller than authorized previously in the overall projects described in the modified 2020
IHA 85 FR 86538; December 30, 2020.
In analyzing the effects of the activities in the 2018 IHA 83 FR 30406; June 28,
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2018 and the modified 2020 IHA 85 FR
86538; December 30, 2020, NMFS
determined that the Navys activities would have a negligible impact on the affected species or stocks and the takes would be of small numbers. The mitigation measures and monitoring and reporting requirements as described above are identical to the 2018 IHA 83
FR 30406; June 28, 2018 and modified 2020 IHA 85 FR 86538; December 30, 2020.
NMFS has concluded that there is no new information suggesting that our analysis or findings should change from those reached for the 2020 modified IHA. This includes consideration of the estimated abundance of the stocks for Steller sea lions eastern United States stock increasing slightly and the estimated abundance for the stock of California sea lions United States stock decreasing slightly. 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 the Navys 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 ESA
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. No incidental take of ESA-listed marine mammal species is expected to result from these activities, and none would be authorized. Therefore, NMFS has determined that consultation under section 7 of the ESA is not required for this action.
National Environmental Policy Act NEPA
To comply with the National Environmental Policy Act of 1969
NEPA; 42 U.S.C. 4321 et seq. and NOAA Administrative Order NAO
2166A, NMFS must review our
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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
IHA 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 NMFS has not identified any extraordinary circumstances that would preclude this categorical exclusion.
Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review.
Renewal NMFS has issued a renewal IHA to the Navy for the take of marine mammals incidental to conduct the Service Pier Extension Project at Naval Base Kitsap Bangor in Silverdale, Washington from August 11, 2021
through July 15, 2022.
Dated: August 11, 2021.
Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202117525 Filed 81621; 8:45 am BILLING CODE 351022P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XB333
Marine Mammals; File No. 25850
National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that the University of California at Davis, 387 North Quad Ave., Room 1210 PES, Davis, CA 95616 Responsible Party:
Chris Yarnes, Ph.D. has applied in due form for a permit to import parts from killer whales Orcinus orca for scientific research.
DATES: Written, telefaxed, or email comments must be received on or before September 16, 2021.
ADDRESSES: The application and related documents are available for review by selecting Records Open for Public Comment from the Features box on the Applications and Permits for Protected Species APPS home page, https apps.nmfs.noaa.gov, and then SUMMARY:
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