    [Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
    [Notices]
    [Pages 53338-53343]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2020-18961]

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    DEPARTMENT OF COMMERCE

    National Oceanic and Atmospheric Administration

    [RTID 0648-XA379]

    Takes of Marine Mammals Incidental to Specified Activities;
    Taking Marine Mammals Incidental to National Wildlife Refuge Complex
    Research, Monitoring, and Maintenance Activities in Massachusetts

    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
    Atmospheric Administration (NOAA), Commerce.

    ACTION: Notice; issuance of Renewal incidental harassment
    authorization.

    -----------------------------------------------------------------------

    SUMMARY: In accordance with the regulations implementing the Marine
    Mammal Protection Act (MMPA), as amended, notification is hereby given
    that NMFS has issued a Renewal incidental harassment authorization
    (IHA) to the U.S. Fish and Wildlife Service (USFWS) to incidentally
    harass marine mammals incidental to conducting biological research,
    monitoring, and maintenance at the Eastern Massachusetts (MA) National
    Wildlife Refuge Complex (Complex).

    [[Page 53339]]

    DATES: This Renewal IHA is valid from August 14, 2020 through June 11,
    2021.

    FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
    Resources, NMFS, (301) 427-8401. Electronic copies of the original
    application, Renewal request, and supporting documents (including NMFS
    Federal Register notices of the original proposed and final
    authorizations, and the previous IHA), 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-under-marine-mammal-protection-act. In case of problems accessing these
    documents, please call the contact listed above.

    SUPPLEMENTARY INFORMATION:

    Background

        The Marine Mammal Protection Act (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, a notice of a proposed incidental take authorization is
    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
    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 such species or stocks for
    taking for certain subsistence uses (referred to here as ``mitigation
    measures''). Monitoring and reporting of such takings are also
    required. The meaning of key terms such as ``take,'' ``harassment,''
    and ``negligible impact'' can be found in section 3 of the MMPA (16
    U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
        NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
    indicate that IHAs may be renewed for additional periods of time not to
    exceed one year for each reauthorization. In the notice of proposed IHA
    for the initial authorization, NMFS described the circumstances under
    which we would consider issuing a Renewal for this activity, and
    requested public comment on a potential Renewal under those
    circumstances. Specifically, on a case-by-case basis, NMFS may issue a
    one-time one-year Renewal IHA following notice to the public providing
    an additional 15 days for public comments when (1) up to another year
    of identical or nearly identical, or nearly identical, activities as
    described in the Specified Activities section of this notice is planned
    or (2) the activities as described in the Specified Activities section
    of this notice would not be completed by the time the IHA expires and a
    Renewal would allow for completion of the activities beyond that
    described in the Dates and Duration section of this notice, provided
    all of the following conditions are met:
         A request for Renewal is received no later than 60 days
    prior to the needed Renewal IHA effective date (recognizing that the
    Renewal IHA expiration date cannot extend beyond one year from
    expiration of the initial IHA);
         The request for Renewal must include the following:
        (1) An explanation that the activities to be conducted under the
    requested Renewal IHA are identical to the activities analyzed under
    the initial IHA, are a subset of the activities, or include changes so
    minor (e.g., reduction in pile size) that the changes do not affect the
    previous analyses, mitigation and monitoring requirements, or take
    estimates (with the exception of reducing the type or amount of take);
    and
        (2) A preliminary monitoring report showing the results of the
    required monitoring to date and an explanation showing that the
    monitoring results do not indicate impacts of a scale or nature not
    previously analyzed or authorized.
        Upon review of the request for Renewal, the status of the affected
    species or stocks, and any other pertinent information, NMFS determines
    that there are no more than minor changes in the activities, the
    mitigation and monitoring measures will remain the same and
    appropriate, and the findings in the initial IHA remain valid.
        An additional public comment period of 15 days (for a total of 45
    days), with direct notice by email, phone, or postal service to
    commenters on the initial IHA, is provided to allow for any additional
    comments on the proposed Renewal. A description of the Renewal process
    may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

    History of Request

        On June 12, 2019, NMFS issued an IHA to the USFWS to take marine
    mammals incidental to research, monitoring, and maintenance activities
    within the Complex (84 FR 32415; July 8, 2019), effective from June 12,
    2019 through June 11, 2020. On May 22, 2020, NMFS received an
    application for the Renewal of that initial IHA. As described in the
    application for Renewal, the activities for which incidental take is
    requested are identical to those covered in the initial authorization.
    As required, the applicant also provided a preliminary monitoring
    report (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities) which confirms that the applicant has implemented the
    required mitigation and monitoring, and which also shows that no
    impacts of a scale or nature not previously analyzed or authorized have
    occurred as a result of the activities conducted.
        NMFS has previously issued two additional IHAs to the USFWS for
    similar activities (82 FR 3738, January 12, 2017; 83 FR 19236, May 2,
    2018).

    Description of the Specified Activities and Anticipated Impacts

        The Complex is comprised of eight refuges, including its three
    coastal refuges: Monomoy National Wildlife Refuge (NWR), Nantucket NWR,
    and Nomans Land Island (Nomans) NWR in eastern MA. The USFWS conducts
    ongoing biological tasks for refuge purposes at the Complex. The 2017
    and 2018 IHAs covered shorebird and seabird nest monitoring and
    research, roseate tern (Sterna dougallii) staging counts and
    resighting, red knot (Calidris canutus) stopover study, northeastern
    beach tiger beetle (Cicindela dorsalis) census, and coastal shoreline
    change survey at Monomoy, Nantucket, and Nomans NWRs. Under the 2019
    IHA (the initial IHA), the USFWS conducted identical seabird and
    shorebird research and monitoring activities, and also conducted New
    England cottontail (Sylvilagus transitionalis) reintroduction on Nomans
    NWR and protection of seal haulout areas at Nantucket NWR.
        As in the initial authorization, NMFS anticipates that take, by
    Level B harassment only, of gray seals (Halichoerus grypus atlantica)
    and harbor seals (Phoca vitulina concolor) could result from the
    specified activities (84 FR 32415; July 8, 2019).

    [[Page 53340]]

    Detailed Description of the Activity

        A detailed description of the USFWS proposed seabird and shorebird
    research and monitoring activities can be found in the Federal Register
    notice of proposed IHA for the 2018 IHA (83 FR 9483; March 6, 2018). A
    detailed description of the New England cottontail reintroduction and
    seal haulout protection activities can be found in the Federal Register
    notice of proposed IHA for the initial (2019) IHA (84 FR 18259, April
    30, 2019). The locations (as described in the Specific Geographic
    Region section of the initial IHA), timing, amount, and nature of the
    specified activities are identical to those described in the previous
    notices.
        The IHA Renewal is effective from August 14, 2020 through June 11,
    2021.

    Description of Marine Mammals

        A description of the marine mammals in the area of the activities
    for which take is authorized, including information on abundance,
    status, distribution, and hearing, may be found in the Federal Register
    notice of the proposed IHA for the 2018 IHA (83 FR 9483; March 6,
    2018). Summary information is available in the Federal Register notices
    of the proposed and final initial authorization (84 FR 18259, April 30,
    2019; 84 FR 32415, July 8, 2019). NMFS has reviewed the monitoring data
    from the initial IHA, recent draft Stock Assessment Reports,
    information on relevant Unusual Mortality Events, and other scientific
    literature, and determined that neither this nor any other new
    information affects which species or stocks have the potential to be
    affected or the pertinent information in the Description of the Marine
    Mammals in the Area of Specified Activities contained in the supporting
    documents for the initial IHA.

    Potential Effects on Marine Mammals and Their Habitat

        A description of the potential effects of the specified activity on
    marine mammals and their habitat for the activities for which take is
    authorized here may be found in the Federal Register notice of the
    proposed IHA for the 2018 IHA (83 FR 9483; March 6, 2018). Summary
    information is available in the Federal Register notices of the
    proposed and final initial authorization (84 FR 18259, April 30, 2019;
    84 FR 32415, July 8, 2019). NMFS has reviewed the monitoring data from
    the initial IHA, recent draft Stock Assessment Reports, information on
    relevant Unusual Mortality Events, and other scientific literature, and
    determined that neither this nor any other new information affects our
    initial analysis of impacts on marine mammals and their habitat.

    Estimated Take

        A detailed description of the methods and inputs used to estimate
    authorized take is found in the Federal Register notice of the proposed
    IHA for the 2018 IHA (83 FR 9483; March 6, 2018). Summary information
    is available in the Federal Register notices of the proposed and final
    initial authorization (84 FR 18259, April 30, 2019; 84 FR 32415, July
    8, 2019). All estimated take is expected to be in the form of Level B
    harassment. The methods of estimating take for this IHA Renewal are
    identical to those used in the initial IHA (i.e., by multiplying the
    maximum number of seals estimated to be present at each location by the
    number of events at each location that may result in disturbance).
    Specifically, the frequency of activities and marine mammal occurrence
    applicable to this authorization remain unchanged from the previously
    issued IHA (see Table 1). Similarly, the stocks taken, methods of take,
    and types of take remain unchanged from the previously issued IHA, as
    do the number of takes, which are indicated below in Table 2.
        The total estimated gray seal takes are presented in Table 1.

      Table 1--Estimated Number of Gray Seal Takes (by Level B harassment) per Activity at Monomoy, Nantucket, and
                                                       Nomans NWRs
    ----------------------------------------------------------------------------------------------------------------
                    Activity                        Takes per event           Events per activity       Total takes
    ----------------------------------------------------------------------------------------------------------------
    Shorebird and Seabird Monitoring &        1000 (Monomoy), 50          34 (Monomoy), 8                     34,430
     Research.                                 (Nantucket), 10 (Nomans).   (Nantucket), 3 (Nomans).
    Roseate Tern Staging Counts & Resighting  10 (Monomoy), 10            6 (Monomoy), 4 (Nantucket)             100
                                               (Nantucket).
    Red Knot Stopover Study.................  250 (Monomoy), 150 (Cape    5 (Monomoy), 5 (Cape Cod).           2,000
                                               Cod).
    Northeastern Beach Tiger Beetle Census..  750 (Monomoy).............  3 (Monomoy)...............           2,250
    Coastal Shoreline Change Survey.........  500 (Monomoy).............  1 (Monomoy)...............             500
    New England Cottontail Introduction.....  10 (Nomans)...............  20 (Nomans)...............             200
    Seal Haulout Protection.................  25 (Nantucket)............  10 (Nantucket)............             250
                                                                                                     ---------------
        Total takes.........................  ..........................  ..........................          39,730
    ----------------------------------------------------------------------------------------------------------------

        Estimated take of harbor seals was estimated using methods
    identical to the initial IHA (i.e., by estimating five percent of gray
    seal takes). Total authorized takes of gray seals and harbor seals are
    shown in Table 2.

                      Table 2--Total Authorized Take of Marine Mammals, Relative to Population Size
    ----------------------------------------------------------------------------------------------------------------
                                                                                                          Percent
                                                                        Authorized                    (comparison of
                                 Species                               take by Level       Stock       instances of
                                                                       B harassment      abundance     take to stock
                                                                                                        abundance)
    ----------------------------------------------------------------------------------------------------------------
    Gray seal.......................................................          39,730  \a\ 27,131 \b\             146
                                                                                           (451,131)          (8.81)
    Harbor seal.....................................................           1,987          75,834            2.62
    ----------------------------------------------------------------------------------------------------------------
    \a\ Abundance in U.S. waters (Hayes et al., 2018).
    \b\ Overall Western North Atlantic stock abundance (Hayes et al., 2018).

    [[Page 53341]]

        Based on the stock abundance estimate presented in the 2017 Stock
    Assessment Report, the proposed take number of gray seals exceeds the
    number of gray seals in U.S. waters (Table 2; Hayes et al., 2018).
    However, actual take may be slightly less if animals decide to haul out
    at a different location for the day or if animals are foraging at the
    time of the survey activities. The number of individual seals taken is
    also assumed to be less than the take estimate since these species show
    high philopatry (Waring et al., 2016; Wood et al., 2011). We expect the
    take numbers to represent the number of exposures (i.e., instances of
    take), but assume that the same seals may be behaviorally harassed over
    multiple days, and the likely number of individual seals that may be
    harassed would be less. In addition, this project occurs in a small
    portion of the overall range of the Northwest Atlantic population of
    gray seals. While there is evidence of haulout site philopatry,
    resights of tagged and branded animals and satellite tracks of tagged
    animals show movement of individuals between the United States and
    Canada (Puryear et al., 2016). The percentage of time that individuals
    are resident in U.S. waters is unknown (NMFS 2017). Genetic evidence
    provides a high degree of certainty that the Western North Atlantic
    stock of gray seals is a single stock (Boskovic et al., 1996; Wood et
    al., 2011). Thus, although the U.S. stock estimate is only 27,131, the
    overall stock abundance of animals in United States and Canadian waters
    is 451,131. The gray seal take estimate for this project represents
    less than 9 percent of the overall Western North Atlantic stock
    abundance (Table 2) if every separate instance of take were assumed to
    accrue to a different individual, and because this is not the case, the
    percentage is likely significantly lower.

    Description of Mitigation, Monitoring and Reporting Measures

        The mitigation, monitoring, and reporting measures included as
    requirements in this authorization are identical to those included in
    the Federal Register notice announcing the issuance of the initial IHA
    (84 FR 32414; July 8, 2020), and the discussion of the least
    practicable adverse impact included in that notice remains accurate.
    The following measures are required in this authorization:
    Time and Frequency
        The USFWS must conduct all planned research and monitoring
    activities between April 1 and November 30, outside of the seasons of
    highest seal abundance and pupping at the Complex. Closure of beaches
    used by seals may occur year-round at Nantucket NWR.
    Vessel Approach and Timing Techniques
        The USFWS must ensure that its vessels approach beaches with
    pinniped haulouts so as to not disturb marine mammals as is most
    practical. To the extent possible, the vessel must approach the beaches
    in a slow and controlled approach, as far away as possibly from
    haulouts to prevent or minimize flushing. Staff must also avoid or
    proceed cautiously when operating boats in the direct path of swimming
    seals that may be present in the area.
    Avoidance of Acoustic Impacts From Cannon Nets
        Cannon nets have a measured source level (SL) of 128 decibels (dB)
    at one meter (m) (estimated based on a measurement of 98.4 dB at 30 m;
    L. Niles, pers. comm., December 2016); however, the sound pressure
    level (SPL) is expected to be less than the thresholds for airborne
    pinniped disturbance (e.g., 90 dB for harbor seals, and 100 dB for all
    other pinnipeds) at 80 yards (73 meters) from the source. The USFWS
    must stay at least 100 m from all pinnipeds if cannon nets are to be
    used for research purposes.
    Avoidance of Visual and Acoustic Contact With People
        The USFWS must instruct its members and research staff to avoid
    making unnecessary noise and not allow themselves to be seen by
    pinnipeds whenever practicable. USFWS staff must stay at least 50 yards
    (46 meters) from hauled out pinnipeds, unless it is absolutely
    necessary to approach seals closer, or potentially flush a seal, in
    order to continue conducting endangered species conservation work. When
    disturbance is unavoidable, staff must work quickly and efficiently to
    minimize the length of disturbance. Researchers and staff must proceed
    in a slow and controlled manner, which allows for the seals to slowly
    flush into the water. Staff must also maintain a quiet working
    atmosphere, avoiding loud noises, and using hushed voices in the
    presence of hauled out pinnipeds. Pathways of approach to the desired
    study or nesting site must be chosen to minimize seal disturbance if an
    activity event may result in the disturbance of seals. USFWS staff must
    scan the surrounding waters near the haulouts, and if predators (i.e.,
    sharks) are seen, seals must not be flushed by USFWS staff.
    Marine Mammal Monitoring
        The USFWS must monitor seals as project activities are conducted.
    Monitoring requirements include documenting species counts, numbers of
    observed disturbances, and descriptions of the disturbance behaviors
    during the research activities, including location, date, and time of
    the event. In addition, the USFWS must record observations regarding
    the number and species of any marine mammals either observed in the
    water or hauled out. Behavior of seals must be recorded on a three
    point scale: 1 = alert reaction, not considered harassment; 2 = moving
    at least two body lengths, or change in direction greater than 90
    degrees; 3 = flushing (Table 3). USFWS staff must also record and
    report all observations of sick, injured, or entangled marine mammals
    on Monomoy NWR to the International Fund for Animal Welfare (IFAW)
    marine mammal rescue team, and must report to NOAA if injured seals are
    found at Nantucket NWR and Nomans NWR. Tagged or marked marine mammals
    must also be recorded and reported to the appropriate research
    organization or Federal agency, as well as any rare or unusual species
    of marine mammal. Photographs must be taken when possible. This
    information must be incorporated into a report for NMFS at the end of
    the season. The USFWS must also coordinate with any university, state,
    or Federal researchers to attain additional data or observations that
    may be useful for monitoring marine mammal usage at the activity sites.

               Table 3--Levels of Pinniped Behavioral Disturbance
    ------------------------------------------------------------------------
             Level             Type of response            Definition
    ------------------------------------------------------------------------
    1.....................  Alert................  Seal head orientation or
                                                    brief movement in
                                                    response to disturbance,
                                                    which may include
                                                    turning head towards the
                                                    disturbance, craning
                                                    head and neck while
                                                    holding the body rigid
                                                    in a u-shaped position,
                                                    changing from a lying to
                                                    a sitting position, or
                                                    brief movement of less
                                                    than twice the animal's
                                                    body length.

    [[Page 53342]]

    2 *...................  Movement.............  Movements in response to
                                                    the source of
                                                    disturbance, ranging
                                                    from short withdrawals
                                                    at least twice the
                                                    animal's body length to
                                                    longer retreats over the
                                                    beach, or if already
                                                    moving a change of
                                                    direction of greater
                                                    than 90 degrees.
    3 *...................  Flush................  All retreats (flushes) to
                                                    the water.
    ------------------------------------------------------------------------
    * Only observations of disturbance Levels 2 and 3 are recorded as takes.

        If at any time injury, serious injury, or mortality of the species
    for which take is authorized should occur, or if take of any kind of
    other marine mammal occurs, and such action may be a result of the
    USFWS's activities, the USFWS must suspend activities and contact NMFS
    immediately to determine how best to proceed to ensure that another
    injury or death does not occur and to ensure that the applicant remains
    in compliance with the MMPA.
    Reporting
        The USFWS must submit a draft report to NMFS Office of Protected
    Resources no later than 90 days after the expiration of this
    authorization. The report must include a summary of the information
    gathered pursuant to the monitoring requirements set forth in the IHA
    as well as the raw sightings data. The USFWS must submit a final report
    to NMFS within 30 days after receiving comments from NMFS on the draft
    report. If the USFWS receives no comments from NMFS on the draft
    report, NMFS will consider the draft report to be the final report.

    Public Comments

        A notice of NMFS' proposal to issue a Renewal IHA to the USFWS was
    published in the Federal Register on July 15, 2020 (85 FR 42832). That
    notice either described, or referenced descriptions of, the USFWS's
    activity, the marine mammal species that may be affected by the
    activity, the anticipated effects on marine mammals and their habitat,
    proposed amount and manner of take, and proposed mitigation, monitoring
    and reporting measures. NMFS received a comment letter from the Marine
    Mammal Commission (Commission). The comments and our responses are
    summarized below.
        Comment 1: The Commission noted that the USFWS used an outdated
    disturbance scale in their 2019 IHA monitoring report and that some of
    the information the USFWS was required to collect (sections 5(b) and 5
    (c)(i-v) in the IHA) was not required to be included in the monitoring
    report. Therefore, the Commission recommended that NMFS (1) include its
    disturbance scale in the final authorization Renewal consistent with
    conditions 5(c)(i) to (iv) in the 2019 authorization Renewal for Point
    Blue and ensure FWS is aware of the changes to the disturbance scale,
    (2) include all the information that FWS would be required to collect
    under 5(b) and 5(c)(i) to (v) as specific reporting requirements in
    section 6(b) of the final authorization Renewal, and (3) include the
    requirement for FWS to provide the raw sightings data in section 6(b)
    of the final IHA Renewal.
        Response: NMFS agrees with the Commission's recommendations to
    include the disturbance scale in the IHA and ensure the USFWS uses the
    correct scale in their monitoring efforts. NMFS also agrees with the
    Commission's recommendation to revise the authorization text such that
    the reporting requirements align with the monitoring requirements. The
    USFWS has previously voluntarily provided raw sightings data
    spreadsheets as appendices in their monitoring report, but NMFS has
    agreed to include this requirement in section 6(b) of the IHA Renewal.
        Comment 2: The Commission recommends 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), NMFS has explained how the Renewal
    process, as implemented, is consistent with the statutory requirements
    contained in section 101(a)(5)(D) of the MMPA and, therefore, we plan
    to continue to issue qualifying Renewals when the requirements outlined
    on our website are met. Thus, NMFS agrees with the Commission's
    recommendation that we should not issue a Renewal for any authorization
    unless it is consistent with the procedural requirements specified in
    section 101(a)(5)(D)(iii) of the MMPA.
        Additionally, regarding the recommendation to use abbreviated
    notices, we agree that they are a useful tool by which to increase
    efficiency in conjunction with the use of Renewals, but we disagree
    that their use alone would equally fulfill NMFS' goal to maximize
    efficiency and provide regulatory certainty for applicants, with no
    reduction in protections for marine mammals. The Renewal process, with
    its narrowly described qualifying actions, specific issuance criteria,
    and additional 15-day comment period, allows for NMFS to broadly commit
    to a 60-day processing time. This commitment, which would not be
    possible in the absence of this narrow definition and the 15-day
    additional comment period, provides both a meaningfully shortened
    processing time and regulatory certainty for planning purposes.
    Increasing the comment period for Renewals to 30 days would increase
    processing time by 25% and is unnecessary, given the legal sufficiency
    of the process as it stands, as described above, and no additional
    protections for marine mammals that would result. NMFS uses abbreviated
    notices when proposed actions do not qualify for Renewals, but still
    allow for reliance upon previous documentation and analyses. These
    abbreviated notice projects, which deviate from the narrow
    qualifications of a Renewal, require some additional time for the
    analyst to appropriately review the small changes from the initial IHA
    and further necessitate the 30-day public review required for a new
    IHA. NMFS has evaluated the use of both the Renewal and abbreviated
    notice processes, as well as the associated workload for each, and
    determined that using both of these processes provides maximum
    efficiency for the agency and applicants, regulatory certainty, and
    appropriate protections for marine mammals consistent with the
    statutory standards. Using the abbreviated notice process, however, is
    unnecessary and unwarranted for projects that meet the narrow
    qualifications for a Renewal IHA.
        As previously noted, we have found that the Renewal process is
    consistent with the statutory requirements of the MMPA 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.

    [[Page 53343]]

    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
    Renewal) with respect to potential impacts on the human environment.
        This action is consistent with categories of activities identified
    in CE B4 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 has determined
    that the issuance of the proposed IHA Renewal qualifies to be
    categorically excluded from further NEPA review.

    Determinations

        The seabird and shorebird research and monitoring activities
    planned by the USFWS are identical to those analyzed in the initial
    IHA, as are the expected number of days of activity, the method of
    taking, and the effects of the action. The potential effects of the
    USFWS's activities are 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 the USFWS's 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 9 percent of all stocks). The
    numbers of marine mammals authorized to be taken are identical to those
    authorized in the initial IHA. The mitigation measures and monitoring
    requirements as described above also are identical to the initial IHA,
    and NMFS has clarified the reporting requirements to align with the
    monitoring data the USFWS is required to collect.
        NMFS has 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) USFWS'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; and (5) appropriate
    monitoring and reporting requirements are included.

    Endangered Species Act

        No incidental take of ESA-listed species is proposed for
    authorization 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.

    Renewal

        NMFS has issued a Renewal IHA to the USFWS for the take of marine
    mammals incidental to conducting research and monitoring activities at
    the Complex from August 14, 202 through June 11, 2021.

        Dated: August 17, 2020.
    Donna S. Wieting,
    Director, Office of Protected Resources, National Marine Fisheries
    Service.
    [FR Doc. 2020-18961 Filed 8-27-20; 8:45 am]
    BILLING CODE 3510-22-P