[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41665-41670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14955]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC131]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the North Jetty Maintenance and 
Repairs Project in Coos Bay, Oregon

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

ACTION: Notice; proposed issuance of two Incidental Harassment 
Authorizations (IHAs); request for comments.

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

SUMMARY: NMFS received a request from the U.S. Army Corps of Engineers 
(USACE) for the reissuance of their two previously issued IHAs to take 
marine mammals incidental to in-water construction activities 
associated with the North Jetty Maintenance and Repairs Project in Coos 
Bay, Oregon. The IHAs were initially issued on January 3, 2020,

[[Page 41666]]

with the first IHA (Year 1) effective from September 1, 2020 through 
August 31, 2021 and the second IHA (Year 2) effective from July 1, 2022 
through June 30, 2023. The project has been delayed and none of the 
work covered in the IHAs has been conducted. NMFS is proposing to 
reissue the IHAs with the Year 1 IHA effective from September 1, 2022 
through August 31, 2023 and the Year 2 IHA effective from March 1, 2024 
through February 28, 2025. 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 IHAs. Pursuant to the Marine Mammal Protection 
Act (MMPA), NMFS is requesting comments on its proposal to reissue the 
two IHAs to incidentally take marine mammals during the specified 
activities. NMFS is also requesting comments on a possible one-time, 
one-year renewal of each IHA that could be issued under certain 
circumstances and if all requirements are met, as described in Request 
for Public Comments at the end of this notice. NMFS will consider 
public comments prior to making any final decision on the issuance of 
the requested MMPA authorizations and agency responses will be 
summarized in the final notice of our decision.

DATES: Comments and information must be received no later than August 
12, 2022.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email 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, 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 https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application and supporting documents (including NMFS FR 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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call 
the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    The 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 proposed or, if the taking is limited to harassment, a notice of a 
proposed incidental harassment 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 the species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of the takings are set forth. The definitions 
of all applicable MMPA statutory terms cited above are included in the 
relevant sections below.

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 IHAs) with 
respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs 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 we have not identified any extraordinary circumstances that would 
preclude this categorical exclusion. Accordingly, NMFS has 
preliminarily determined that the issuance of the proposed IHAs 
qualifies to be categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHAs request.

History of Request

    On March 18, 2019, NMFS received a request from USACE for two IHAs 
to take 7 species of marine mammals, by Level B harassment only, 
incidental to vibratory pile driving and removal associated with the 
North Jetty Maintenance and Repairs Project in Coos Bay, Oregon over 
the course of two years with pile installation occurring during Year 1 
and pile removal occurring during Year 2. The application was deemed 
adequate and complete on September 10, 2019. Neither USACE nor NMFS 
expects injury, serious injury or mortality to result from this 
activity and, therefore, IHAs are appropriate. On January 3, 2020, NMFS 
issued the two IHAs to the USACE (85 FR 1140; January 9, 2020). The 
Year 1 IHA was effective from September 1, 2020 through August 31, 2021 
and the Year 2 IHA was effective July 1, 2022 through June 30, 2023.
    On February 20, 2021, the USACE notified NMFS that the project had 
been delayed and none of the work identified in the year 1 IHA (e.g., 
pile installation) had occurred. On May 4, 2021, NMFS reissued the Year 
1 IHA, effective September 1, 2021 through August 31, 2022 (86 FR 
24850; May 10, 2021).
    On February 23, 2022, the USACE notified NMFS that the project had 
been further delayed and work had still not commenced. The USACE 
submitted an application for both IHAs to be reissued, with the Year 1 
IHA effective from September 1, 2022 through August 31, 2023 and the 
Year 2 IHA effective from March 1, 2024 through February 28, 2025. NMFS 
has preliminarily determined that the USACE's proposed activities 
(including mitigation, monitoring, and reporting), estimated incidental 
take, and anticipated impacts on the affected stocks are the same as 
those analyzed and authorized in the

[[Page 41667]]

initial IHAs. However, since the initial IHAs were issued several years 
ago, NMFS is requesting comments or additional information that may 
further inform our proposal to reissue the two IHAs to the USACE.

Description of the Proposed Activity and Anticipated Impacts

    The reissued IHAs would include the same in-water construction 
activities (i.e., vibratory pile installation and removal) in the same 
locations that were described in the initial IHAs. The mitigation, 
monitoring, and reporting measures would remain the same as prescribed 
in the initial IHAs. NMFS refers the reader to the documents related to 
the initial IHAs issued on January 3, 2020 (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs) for more detailed 
descriptions of the project activities. Other relevant documents 
include the Federal Register notice of proposed IHAs and request for 
comments (84 FR 56781; October 23, 2019), notice of issued IHAs (85 FR 
1140; January 9, 2020), and notice of reissued Year 1 IHA (86 FR 24850; 
May 10, 2021).

Detailed Description of the Action

    A detailed description of the USACE's proposed construction 
activities is found in these previous documents. The location, time of 
year, and nature of the activities, including the types of piles and 
methods of installation and removal, are identical to those described 
in the previous documents.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
is found in these previous documents, which remains applicable to these 
reissued IHAs as well. In addition, NMFS has review the draft 2021 
Stock Assessment Reports (SARs; Carretta et al., 2021; Muto et al., 
2021), information on relevant Unusual Mortality Events, and recent 
scientific literature, and determined that no new information affects 
our original analysis of impacts under the initial IHAs. The estimated 
abundances of the California Breeding stock of northern elephant seals 
(Mirounga angustirostris), the Northern California/Southern Oregon 
stock of harbor porpoises (Phocoena phocoena), the West Coast Transient 
stock of killer whales (Orcinus orca), and the Eastern U.S. stock of 
Steller sea lions (Eumetopias jubatus) in the 2021 draft SARs have all 
increased from the numbers presented in the Federal Register notices 
for the initial IHAs (84 FR 56781, October 23, 2019; 85 FR 1140, 
January 9, 2020).

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat is found in the documents 
supporting the initial IHAs, which remains applicable to the proposed 
reissuance of the IHAs. There is no new information on potential 
effects.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activities are found in the notice of issuance 
of the initial IHAs (85 FR 1140; January 9, 2020). The methods of 
estimating take for the proposed reissued IHAs are identical to those 
used in the initial IHAs. The source levels, days of operation, and 
marine mammal density remain unchanged from the previously issued IHAs. 
Regarding proposed authorized take, the stocks taken, types of take, 
and methods of taking remain unchanged from the previously issued IHAs, 
as do the number of takes, which are indicated below.

                            Table 1--Proposed Take by Level B Harassment and as a Percentage of Stock Abundance in Each Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Level B         Level B         Level B         Level B       Total take by Level B    Total take by Level B
                                        harassment AZ  harassment 30-   harassment AZ  harassment 30-   harassment (percent of    harassment (percent of
                                        sheets (or H-    inch piles     sheets (or H-    inch piles             stock)                    stock)
            Marine mammal                  piles)     ----------------     piles)     ------------------------------------------------------------------
                                      ----------------                ----------------
                                            YR-1            YR-1                        YR-2  removal      YR-1 installation           YR-2 removal
                                        installation    installation    YR-2  removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina).........           1,169           1,169           1,169           1,169  2,238 (9.45 percent)....  2,238 (9.45 percent).
Northern Elephant seal (Mirounga                    7               7               7               7  14 (<0.01 percent)......  14 (<0.01 percent).
 angustirostris).
Steller sea lion (Eumetopias jubatus)              14              14              14              14  28 (0.06 percent).......  28 (0.06 percent).
California sea lion (Zalophus                      21              21              21              21  42 (0.02 percent).......  42 (0.02 percent).
 californianus).
Gray whale (Eschrichtius robustus)...               1               1               1               1  2 (<0.01 percent).......  2 (<0.01 percent).
                                      ----------------------------------------------------------------
Killer whale (Orcinus orca)..........                 2
                                                      2                       2 (0.57         2 (0.57
                                                                             percent)       percent).
                                      ----------------------------------------------------------------
Harbor porpoise (Phocoena phocoena)..               2               2               2               2  4 (0.02 percent)........  4 (0.02 percent).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures proposed here 
are identical to those included in the Federal Register notice 
announcing the issuance of the initial IHAs (85 FR 1140; January 9, 
2020) and the discussion of the least practicable adverse impact 
included in that document remains accurate. Unless otherwise stated, 
the following measures are proposed for inclusion in both IHAs:
Timing Restrictions
    All work would be conducted during daylight hours. If poor 
environmental conditions restrict visibility full visibility of the 
shutdown zone, pile installation would be delayed.
Shutdown Zone for In-Water Heavy Machinery Work
    For in-water heavy machinery work other than pile driving, if a 
marine mammal comes within 10 m of such operations, operations would 
cease and vessels would reduce speed to the minimum level required to 
maintain steerage and safe working conditions.
Shutdown Zones
    For all pile driving/removal activities, the USACE would establish 
shutdown zones for a marine mammal species that is greater than its 
corresponding Level A harassment zone. To be conservative, the USACE 
would implement one cetacean shutdown zone (55 meters (m)) and one 
pinniped shutdown zone (25 m) during any pile driving/removal activity 
(i.e., during sheet piles, H-piles, and 30-in steel pile installation 
and removal) (Table 2) which exceeds the

[[Page 41668]]

maximum calculated PTS isopleths as described in Table 7 of the Federal 
Register notice announcing the issuance of the initial IHAs (85 FR 
1140; January 9, 2020). The purpose of a shutdown zone is generally to 
define an area within which shutdown of the activity would occur upon 
sighting of a marine mammal (or in anticipation of an animal entering 
the defined area).

                         Table 2--Pile Driving Shutdown Zones During Project Activities
----------------------------------------------------------------------------------------------------------------
                                    Shutdown zones (radial distance in m, area in square kilometers (km\2\ *))
                                 -------------------------------------------------------------------------------
            Activity                                                   High-
                                  Low- frequency  Mid- frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans
----------------------------------------------------------------------------------------------------------------
                                        In-Water Construction Activities
----------------------------------------------------------------------------------------------------------------
Heavy machinery work (other than    10 (0.00015)    10 (0.00015)    10 (0.00015)    10 (0.00015)    10 (0.00015)
 pile driving)..................
----------------------------------------------------------------------------------------------------------------
                                         Vibratory Pile Driving/Removal
----------------------------------------------------------------------------------------------------------------
12-in H pile steel installation/    55 (0.00475)    55 (0.00475)    55 (0.00475)    25 (0.00098)    25 (0.00098)
 removal........................
----------------------------------------------------------------------------------------------------------------
24-in sheet pile installation/      55 (0.00475)    55 (0.00475)    55 (0.00475)    25 (0.00098)    25 (0.00098)
 removal........................
30-in pile installation/removal.    55 (0.00475)    55 (0.00475)    55 (0.00475)    25 (0.00098)    25 (0.00098)
----------------------------------------------------------------------------------------------------------------
* Note: km \2\ were divided by two to account for land.

Non-Authorized Take Prohibited
    If a species enters or approaches the Level B harassment zone and 
that species is either not authorized for take or its authorized takes 
are met, pile driving and removal activities would shut down 
immediately using delay and shutdown procedures. Activities would not 
resume until the animal has been confirmed to have left the area or an 
observation time period of 15 minutes has elapsed for pinnipeds and 
small cetaceans and 30 minutes for large whales.
Pre-Activity Monitoring
    Prior to the start of daily in-water construction activity, or 
whenever a break in pile driving of 30 min or longer occurs, protected 
species observers (PSOs) would observe the shutdown and monitoring 
zones for a period of 30 minutes. The shutdown zone would be cleared 
when a marine mammal has not been observed within the zone for that 30-
minute period. If a marine mammal is observed within the shutdown zone, 
pile driving activities would not begin until the animal has left the 
shutdown zone or has not been observed for 15 min. If the Level B 
Harassment Monitoring Zone has been observed for 30 min and no marine 
mammals (for which take has not been authorized) are present within the 
zone, work would continue even if visibility becomes impaired within 
the Monitoring Zone. If a marine mammal for which take has been 
permitted is present in the Monitoring zone, piling activities would 
begin and Level B harassment take will be recorded.
Monitoring Zones
    The USACE would establish and observe monitoring zones for Level B 
harassment. The monitoring zones for this project are areas where SPLs 
are equal to or exceed 120 dB rms (for vibratory pile driving/removal). 
For vibratory installation and removal of 12-inch H piles, the Level B 
harassment zone and monitoring zone would be 1,000 m. For vibratory 
installation and removal of 24-inch steel sheet piles, the Level B 
harassment zone and monitoring zone would be 4,642 m. For vibratory 
installation and removal of 30-inch steel pipe piles, the Level B 
harassment zone and monitoring zone would be 8,577 m. These zones 
provide utility for monitoring conducted for mitigation purposes (i.e., 
shutdown zone monitoring) by establishing monitoring protocols for 
areas adjacent to the shutdown zones. Monitoring of the Level B 
harassment zones enables observers to be aware of and communicate the 
presence of marine mammals in the project area, and thus prepare for 
potential shutdowns of activity. The USACE would also gather 
information to help better understand the impacts of their planned 
activities on species and their behavioral responses.
Visual Monitoring
    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after all pile driving/removal activities. In addition, PSOs 
would record all incidents of marine mammal occurrence, regardless of 
distance from activity, and shall document any behavioral reactions in 
concert with distance from piles being driven/removed. Pile driving/
removal activities include the time to install, remove a single pile or 
series of piles, as long as the time elapsed between uses of the pile 
driving equipment is no more than thirty minutes.
    Monitoring would be conducted by PSOs from on land and boat. The 
number of PSOs would vary from one to three, depending on the type of 
pile driving, method of pile driving and size of pile, all of which 
determines the size of the harassment zones. Monitoring locations would 
be selected to provide an unobstructed view of all water within the 
shutdown zone and as much of the Level B harassment zone as possible 
for pile driving activities. During vibratory driving or removal of 
sheet or H-piles, two PSOs would be present. One PSO would be located 
on the shoreline adjacent to the Material Off-loading Facility (MOF) 
site or on the barge used for driving piles. The other PSO would be 
boat-based and detect animals in the water, along with monitoring the 
three haulout sites in the Level B harassment zone (i.e., Pigeon Point, 
Clam Island/North Spit, and South Slough). During vibratory driving and 
removal of 30-inch steel pipe piles, three PSOs would be present. As 
indicated above, one PSO would be on the shoreline or barge adjacent to 
the MOF site. A second PSO would be stationed near the South Slough 
haul out site, and the third PSO would be boat-based and make 
observations while actively monitoring at and between the two remaining 
haulout sites (i.e., Pigeon Point and Clam Island).
    In addition, PSOs would work in shifts lasting no longer than 4 
hours with at least a 1-hour break between shifts, and would not 
perform duties as

[[Page 41669]]

a PSO for more than 12 hours in a 24-hour period (to reduce PSO 
fatigue).
    Monitoring of pile driving would be conducted by qualified, NMFS-
approved PSOs, who would have no other assigned tasks during monitoring 
periods. The USACE would adhere to the following conditions when 
selecting PSOs:
    [ssquf] Independent PSOs must be used (i.e., not construction 
personnel);
    [ssquf] At least one PSO must have prior experience working as a 
marine mammal observer during construction activities;
    [ssquf] Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
    [ssquf] Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator would be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction; and
    [ssquf] The USACE would submit PSO CVs for approval by NMFS for all 
observers prior to monitoring.
    The USACE would ensure that the PSOs have the following additional 
qualifications:
    [ssquf] Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target;
    [ssquf] Experience and ability to conduct field observations and 
collect data according to assigned protocols;
    [ssquf] Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
    [ssquf] Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    [ssquf] Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was not implemented when required); 
and marine mammal behavior;
    [ssquf] Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary; and
    [ssquf] Sufficient training, orientation, or experience with the 
construction operations to provide for personal safety during 
observations.
Reporting of Injured or Dead Marine Mammals
    In the unanticipated event that the planned activity clearly causes 
the take of a marine mammal in a manner prohibited by the IHA, such as 
serious injury, or mortality, the USACE would immediately cease the 
specified activities and report the incident to the NMFS Office of 
Protected Resources and the West Coast Region Stranding Coordinator. 
The report would include the following information:
    [ssquf] Time and date of the incident;
    [ssquf] Description of the incident;
    [ssquf] Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    [ssquf] Description of all marine mammal observations and active 
sound source use in the 24 hours preceding the incident;
    [ssquf] Species identification or description of the animal(s) 
involved;
    [ssquf] Fate of the animal(s); and
    [ssquf] Photographs or video footage of the animal(s).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with USACE to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The USACE would not 
resume their activities until notified by NMFS.
    In the event the USACE discovers an injured or dead marine mammal, 
and the lead observer determines that the cause of the injury or death 
is unknown and the death is relatively recent (e.g., in less than a 
moderate state of decomposition), the USACE would immediately report 
the incident to the Office of Protected Resources, NMFS, and the West 
Coast Region Stranding Coordinator, NMFS. The report would include the 
same information as the bullets described above. Activities would 
continue while NMFS reviews the circumstances of the incident. NMFS 
would work with the USACE to determine whether additional mitigation 
measures or modifications to the activities are appropriate.
    In the event that the USACE discovers an injured or dead marine 
mammal, and the lead observer determines that the injury or death is 
not associated with or related to the specified activities (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the USACE would report the 
incident to the Office of Protected Resources, NMFS, and the West Coast 
Region Stranding Coordinator, NMFS, within 24 hours of the discovery.
Final Report
    The USACE would submit a draft report to NMFS no later than 90 days 
following the end of construction activities or 60 days prior to the 
issuance of any subsequent IHA for the project. PSO datasheets/raw 
sightings data would be required to be submitted with the reports. The 
USACE would provide a final report within 30 days following resolution 
of NMFS' comments on the draft report. Reports would contain, at 
minimum, the following:
    [ssquf] Date and time that monitored activity begins and ends for 
each day conducted (monitoring period);
    [ssquf] Construction activities occurring during each daily 
observation period, including how many and what type of piles driven;
    [ssquf] Deviation from initial proposal in pile numbers, pile 
types, average driving times, etc.;
    [ssquf] Weather parameters in each monitoring period (e.g., wind 
speed, percent cloud cover, visibility);
    [ssquf] Water conditions in each monitoring period (e.g., sea 
state, tide state);
    [ssquf] For each marine mammal sighting: species, numbers, and, if 
possible, sex and age class of marine mammals; number of individuals of 
each species (differentiated by month as appropriate) detected within 
the monitoring zones, and estimates of number of marine mammals taken, 
by species (a correction factor may be applied to total take numbers, 
as appropriate); description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity; type of construction activity that was taking 
place at the time of sighting; location and distance from pile driving 
activities to marine mammals and distance from the marine mammals to 
the observation point; and if shutdown was implemented, behavioral 
reactions noted and if they occurred before or after shutdown.
    [ssquf] Description of implementation of mitigation measures within 
each monitoring period (e.g., shutdown or delay);
    [ssquf] Other human activity in the area within each monitoring 
period; and
    [ssquf] A summary of the following: total number of individuals of 
each species detected within the Level B Harassment Zone, and estimated 
as taken if correction factor appropriate (Level B harassment takes 
must be extrapolated based upon the number of observed takes and the 
percentage of the Level B Harassment Zone that was not visible);

[[Page 41670]]

total number of individuals of each species detected within the Level A 
Harassment Zone and the average amount of time that they remained in 
that zone; and daily average number of individuals of each species 
(differentiated by month as appropriate) detected within the Level B 
Harassment Zone, and estimated as taken, if appropriate.

Preliminary Determinations

    The USACE's proposed in-water construction activities as well as 
the proposed mitigation, monitoring, and reporting requirements are 
unchanged from those in the initial Year 1 and Year 2 IHAs. The 
anticipated effects of the activities on the affected species and 
stocks and the estimated take of each species and stock also remain 
unchanged. When issuing the initial IHAs, NMFS found that each year of 
the Coos Bay North Jetty Maintenance and Repairs Project would have a 
negligible impact to species or stocks' rates of recruitment and 
survival and the amount of taking would be small relative to the 
population size of such species or stock (less than 10 percent). In 
conclusion, 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 preliminarily determined the following for each 
IHA: (1) the required mitigation measures will effect the least 
practicable impact on marine mammal species or stocks and their 
habitat; (2) the proposed authorized takes will have a negligible 
impact on the affected marine mammal species or stocks; (3) the 
proposed authorized takes represent small numbers of marine mammals 
relative to the affected stock abundances; (4) the USACE'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 (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 take of ESA-listed marine mammals are authorized. 
Therefore, NMFS has determined that consultation under section 7 of the 
ESA is not required for this action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue two IHAs to the USACE for conducting the North Jetty Maintenance 
and Repairs Project in Coos Bay, Oregon over the course of two non-
consecutive years, beginning September 2022 through February 2025, with 
the previously mentioned mitigation, monitoring, and reporting 
requirements incorporated. A draft of the proposed IHAs can be found at 
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the initial IHAs), the proposed 
authorizations, and any other aspect of this Notice of Proposed IHAs 
for the proposed North Jetty Maintenance and Repairs Project. We also 
request comment on the potential for renewal of this proposed IHA as 
described in the paragraph below. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.
    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 activities as described in the Description of Proposed 
Activities and Anticipated Impacts section of this notice is planned or 
(2) the activities as described in the Description of Proposed 
Activities and Anticipated Impacts 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 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).
    (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.

    Dated: July 8, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-14955 Filed 7-12-22; 8:45 am]
BILLING CODE 3510-22-P