[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52371-52376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18355]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC260]


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; issuance of two incidental harassment authorizations 
(IHAs).

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued two IHAs to the U.S. Army Corps of Engineers 
(Corps) to incidentally harass marine mammals during in-water 
construction activities associated with the North Jetty Maintenance and 
Repairs Project in Coos Bay, Oregon. There are no changes from the 
proposed authorizations in these final authorizations.

DATES: These authorizations are effective from September 1, 2022 
through August 31, 2023 and March 1, 2024 through February 28, 2025.

[[Page 52372]]


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 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/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.

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 determined that the USACE's planned 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 initial IHAs. There are no changes from 
the proposed IHAs to the final IHAs.

Comments and Responses

    Since the initial IHAs were issued several years ago, NMFS 
published a notice of proposed IHAs in the Federal Register on July 13, 
2022 (87 FR 41665) requesting public input on the request for 
authorization described therein, our analyses, the proposed reissued 
authorizations, and any other aspect of the notice of proposed IHAs, 
and requested that interested persons submit relevant information, 
suggestions, and comments. This proposed notice was available for a 30-
day public comment period. No public comments were received on the 
proposed notice.

Description of the Planned Activity and Anticipated Impacts

    The reissued IHAs 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 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 planned 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 reissuance 
of the IHAs. There is no new information on potential effects.

[[Page 52373]]

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 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 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--Authorized Take by Level B Harassment and as a Percentage of Stock Abundance in Each Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Level B         Level B         Level B         Level B     Total authorized take by   Total authorized take
                                        harassment AZ  harassment 30-   harassment AZ  harassment 30-     level B harassment      by level B harassment
                                        sheets (or H-    inch piles     sheets (or H-    inch piles       (percent of stock)        (percent of 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 Mitigation, Monitoring and Reporting Measures

    The required mitigation, monitoring, and reporting measures 
described 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 included in both IHAs:
Timing Restrictions
    All work must be conducted during daylight hours. If poor 
environmental conditions restrict visibility full visibility of the 
shutdown zone, pile installation must 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 meters (m) of such operations, operations 
must cease and vessels must reduce speed to the minimum level required 
to maintain steerage and safe working conditions.

Shutdown Zones

    For all pile driving/removal activities, the USACE must establish 
shutdown zones for a marine mammal species that is greater than its 
corresponding Level A harassment zone. To be conservative, the USACE 
must implement one cetacean shutdown zone (55 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 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
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                                     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 must shut down immediately 
using delay and shutdown procedures. Activities must 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

[[Page 52374]]

occurs, protected species observers (PSOs) must observe the shutdown 
and monitoring zones for a period of 30 minutes. The shutdown zone is 
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 must 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 will 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 will 
begin and Level B harassment take will be recorded.
Monitoring Zones
    The USACE must establish and observe monitoring zones for Level B 
harassment. The monitoring zones for this project are areas where 
received sound pressure levels (SPLs) are equal to or exceed 120 
decibels root-mean-square (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 is 1,000 m. For 
vibratory installation and removal of 24-inch steel sheet piles, the 
Level B harassment zone and monitoring zone is 4,642 m. For vibratory 
installation and removal of 30-inch steel pipe piles, the Level B 
harassment zone and monitoring zone is 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 must also gather information 
to help better understand the impacts of their planned activities on 
species and their behavioral responses.
Visual Monitoring
    Monitoring must be conducted 30 minutes before, during, and 30 
minutes after all pile driving/removal activities. In addition, PSOs 
must 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 must be conducted by PSOs from on land and boat. The 
number of PSOs will 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 must 
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 must be present. One PSO must 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 must 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 must be present. As 
indicated above, one PSO must be on the shoreline or barge adjacent to 
the MOF site. A second PSO must be stationed near the South Slough haul 
out site, and the third PSO must 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 must work in shifts lasting no longer than 4 
hours with at least a 1-hour break between shifts, and must not perform 
duties as a PSO for more than 12 hours in a 24-hour period (to reduce 
PSO fatigue).
    Monitoring of pile driving must be conducted by qualified, NMFS-
approved PSOs, who must have no other assigned tasks during monitoring 
periods. The USACE must 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 must be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction; and
    [ssquf] The USACE must submit PSO CVs for approval by NMFS for all 
observers prior to monitoring.
    The USACE must 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 must 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 must 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;

[[Page 52375]]

    [ssquf] Fate of the animal(s); and
    [ssquf] Photographs or video footage of the animal(s).
    Activities must not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with USACE to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The USACE must 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 must immediately report the 
incident to the Office of Protected Resources, NMFS, and the West Coast 
Region Stranding Coordinator, NMFS. The report must include the same 
information as the bullets described above. Activities may continue 
while NMFS reviews the circumstances of the incident. NMFS will 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 must 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 must 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 must also be submitted with the reports. The USACE must 
provide a final report within 30 days following resolution of NMFS' 
comments on the draft report. Reports must 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); 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.

Determinations

    The USACE's planned in-water construction activities as well as the 
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 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 
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 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.

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 these 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 determined 
that the issuance of the IHAs qualifies to be categorically excluded 
from further NEPA review.

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

[[Page 52376]]

section 7 of the ESA is not required for this action.

Authorization

    As a result of these determinations, NMFS has issued 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.

    Dated: August 19, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-18355 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P