[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53950-53951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21144]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB457]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Russian River Estuary Management Activities

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

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the Sonoma County Water 
Agency (SCWA) for authorization to take marine mammals incidental to 
conducting estuary management activities in the Russian River, CA, over 
the course of five years. Pursuant to regulations implementing the 
Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of 
SCWA's request for the development and implementation of regulations 
governing the incidental taking of marine mammals. NMFS invites the 
public to provide information, suggestions, and comments on SCWA's 
application and request.

DATES: Comments and information must be received no later than October 
29, 2021.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service and should be sent to 
[email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. All comments 
received are a part of the public record and will generally be posted 
online at www.fisheries.noaa.gov/national/marine-mammal-protection/
incidental-take-authorizations-construction-

[[Page 53951]]

activities without change. All personal identifying information (e.g., 
name, address) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    Electronic copies of SCWA's application and separate monitoring 
plan may be obtained online at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call 
the contact listed above.

Background

    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 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 2, 2021, NMFS received an adequate and complete 
application from SCWA requesting authorization for take of marine 
mammals incidental to Russian River estuary management activities in 
Sonoma County, California. The requested regulations would be valid for 
five years, from April 21, 2022, through April 20, 2027. The proposed 
action requires the use of heavy equipment (e.g., bulldozer, excavator) 
and increased human presence, as well as the use of small boats. As a 
result, pinnipeds hauled out on the beach or at peripheral haul-outs in 
the estuary may exhibit behavioral responses that indicate incidental 
take by Level B harassment under the MMPA. Therefore, SCWA requests 
authorization to incidentally take marine mammals.
    NMFS has previously issued incidental take regulations and a 
subsequent Letter of Authorization (LOA) to SCWA for take of marine 
mammals incidental to similar specified activities (82 FR 13765; March 
15, 2017). Prior to issuing the 5-year LOA, NMFS issued multiple one-
year incidental harassment authorizations (IHA) to SCWA, for take of 
marine mammals incidental to similar specified activities. Monitoring 
reports submitted to NMFS as a condition of previously-issued 
incidental take authorizations are available online at: 
www.fisheries.noaa.gov/action/incidental-take-authorization-sonoma-county-water-agencys-estuary-management-activities.

Specified Activities

    SCWA plans to manage the naturally-formed barrier beach at the 
mouth of the Russian River in order to minimize potential for flooding 
adjacent to the estuary and to enhance habitat for juvenile salmonids, 
as well as to conduct biological and physical monitoring of the barrier 
beach and estuary. Flood control-related breaching of barrier beach at 
the mouth of the river may include artificial breaches, as well as 
construction and maintenance of a lagoon outlet channel. The latter 
activity, an alternative management technique conducted to mitigate 
impacts of flood control on rearing habitat for Endangered Species Act 
(ESA)-listed salmonids, occurs only from May 15 through October 15 (the 
``lagoon management period''). Artificial breaching and monitoring 
activities may occur at any time during the period of validity of the 
proposed regulations.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning SCWA's request (see ADDRESSES). NMFS will consider 
all information, suggestions, and comments related to the request 
during the development of proposed regulations governing the incidental 
taking of marine mammals by SCWA, if appropriate.

    Dated: September 24, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2021-21144 Filed 9-28-21; 8:45 am]
BILLING CODE 3510-22-P