[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73257-73259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27993]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB664]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the U.S. Coast Guard's Base Los
Angeles/Long Beach Wharf Expansion Project, Los Angeles, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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[[Page 73258]]
SUMMARY: NMFS has received a request from the U.S. Coast Guard (Coast
Guard) for the re-issuance of a previously issued incidental harassment
authorization (IHA) with the only change being effective dates. The
initial IHA authorized take of five species of marine mammals, by Level
A and Level B harassment, incidental to construction associated with
the Base Los Angeles/Long Beach Wharf Expansion Project in Los Angeles,
California. The project has been delayed and none of the work covered
in the initial IHA has been conducted. The Coast Guard has requested
re-issuance with new effective dates of February 1, 2022 through
January 31, 2023. The scope of the activities and anticipated effects
remain the same, authorized take numbers are not changed, and the
required mitigation, monitoring, and reporting remains the same as
included in the initial IHA. NMFS is, therefore, issuing a second
identical IHA to cover the incidental take analyzed and authorized in
the initial IHA.
DATES: This authorization is effective from February 1, 2022 through
January 31, 2023.
ADDRESSES: An electronic copy of the final 2021 IHA previously issued
to the Coast Guard, the re-issued IHA, the original application, and
the Federal Register notices proposing and issuing the initial IHA may
be obtained by visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-base-los-angeles-wharf-expansion-ca. In case of problems accessing these documents, please
call the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 December 11, 2020, NMFS published final notice of our issuance
of an IHA authorizing take of marine mammals incidental to the Base Los
Angeles/Long Beach Wharf Expansion Project (85 FR 80044). The effective
dates of that IHA were February 1, 2021, through January 31, 2022. On
March 16, 2021, the Coast Guard informed NMFS that the project was
delayed. None of the work identified in the initial IHA (e.g., pile
driving) has occurred. The Coast Guard submitted a request for a new
identical IHA that would be effective from February 1, 2022 through
January 31, 2023, in order to conduct the construction work that was
analyzed and authorized through the previously issued IHA. Therefore,
re-issuance of the IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of the Coast Guard's construction project is to expand
the existing wharf and other base infrastructure for hosting two
additional offshore patrol cutters. The location, timing, and nature of
the activities, including the types of equipment planned for use, are
identical those described in the initial IHA. The mitigation and
monitoring are also as prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include harbor seals (Phoca vitulina), California sea lions (Zalophus
californianus), Bottlenose dolphins (Tursiops truncatus), Short-beaked
common dolphin (Delphinus delphis), and gray whales (Eschrichtius
robustus). A description of the methods and inputs used to estimate
take anticipated to occur and, ultimately, the take that was authorized
is found in the previous documents referenced above. The data inputs
and methods of estimating take are identical to those used in the
initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that no new information affects our original
analysis of impacts or take estimate under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2021 IHA for the Coast Guard's construction work (85 FR 80044),
the Coast Guard's application, the Federal Register notice of the
proposed IHA (85 FR 66939; October 21, 2020), and all associated
references and documents.
Determinations
The Coast Guard will conduct activities as analyzed in the initial
2021 IHA. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHA and no new information
has emerged that would change those findings. The re-issued IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial IHA, and there is no new information suggesting
that our analysis or findings should change.
Based on the information 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
[[Page 73259]]
mammals relative to the affected stock abundances; and (4) GCHS'
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as subsistence harvest of harbor seals and other
marine mammals is rare in the area and local subsistence users have not
expressed concern about this project.
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 with respect to environmental
consequences on the human environment.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. 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.
Endangered Species Act (ESA)
Section 7(a)(2) 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 species is authorized 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.
Authorization
NMFS has issued an IHA to the Coast Guard for in-water construction
activities associated with the specified activity from February 1, 2022
through January 31, 2023. All previously described mitigation,
monitoring, and reporting requirements from the initial 2021 IHA are
incorporated.
Dated: December 21, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-27993 Filed 12-23-21; 8:45 am]
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