[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68592-68593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19186]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE220]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Construction of a Liquefied Natural 
Gas Terminal, Texas

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

ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from Rio Grande LNG, LLC, (Rio 
Grande) for the reissuance of a previously issued incidental harassment 
authorization (IHA) with the only change being effective dates. The 
initial IHA authorized take of three species of marine mammals 
incidental to activities associated with the construction of a 
Liquefied Natural Gas (LNG) terminal in the Brownsville Ship Channel 
(BSC), Cameron County, Texas. The project has been delayed and none of 
the work covered in the initial IHA has been conducted. The initial IHA 
was effective from July 1, 2020, through June 31, 2021. Rio Grande has 
requested reissuance with new effective dates of January 15, 2025, 
through January 14, 2026. 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 an identical 
IHA to cover the incidental take analyzed and authorized in the initial 
IHA.

DATES: This authorization is effective from January 15, 2025, through 
January 14, 2026.

ADDRESSES: An electronic copy of the final 2020 IHA previously issued 
to Rio Grande, Rio Grande's application, and the Federal Register 
notices proposing and issuing the initial IHA may be obtained by 
visiting https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of problems accessing these documents, please call 
the contact listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Rob Pauline, 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 June 29, 2020, NMFS published final notice of our issuance of an 
IHA authorizing take of marine mammals incidental to construction of an 
LNG terminal in the BSC, Texas (85 FR 40250, July 6, 2020). The 
effective dates of that IHA were July 1, 2020, through June 31, 2021. 
On July 12, 2024, Rio Grande informed NMFS that the project had been 
delayed. None of the work identified in the initial IHA (e.g., pile 
driving) has occurred. Rio Grande submitted a request for NMFS to 
reissue an identical IHA that would be effective from January 15, 2025, 
through January 14, 2026 in order to conduct the construction work that 
was analyzed and authorized through the previously issued IHA.

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.
    Rio Grande plans to construct a natural gas liquefaction facility 
and LNG export terminal in Cameron County, Texas, along the north 
embankment of the BSC. The purpose of the project is to develop, own, 
operate, and maintain a natural gas pipeline system to access natural 
gas from the Agua Dulce Hub and an LNG export facility in south Texas 
to export 24.5 million metric tons (27 million U.S. tons) per annum of 
natural gas that provides an additional source of firm, long-term, and 
competitively priced LNG to the global market. The location, timing, 
and nature of the activities, including the types of equipment planned 
for use, are identical to those described in the initial IHA. The only 
exception is that Rio Grande is no longer installing two 48-inch-
diameter steel piles in water, but instead will install them in dry 
land. The mitigation and monitoring are also as prescribed in the 
initial IHA.
    Species that are expected to be taken by the planned activity 
include bottlenose dolphin (Tursiops truncatus), Atlantic spotted 
dolphin (Stenella frontalis), and rough-toothed dolphin (Steno 
bredanensis). 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

[[Page 68593]]

Reports, information on relevant Unusual Mortality Events, and recent 
scientific literature. While estimated populations of the Atlantic 
spotted dolphin, bottlenose dolphin (Western coastal and Northern Gulf 
of Mexico stocks), and rough-toothed dolphin (Northern Gulf of Mexico 
stock) have been updated since the issuance of the initial IHA, NMFS 
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 2020 IHA for Rio Grande's construction work (85 FR 40250, July 
6, 2020), Rio Grande's application, the Federal Register notice of the 
proposed IHA (85 FR 27365, May 8, 2020), and all associated references 
and documents.

Determinations

    Rio Grande will conduct activities as analyzed in the initial 2020 
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 small numbers standards and 
authorized under the initial IHA and no new information has emerged 
that would change those findings. The reissued 2025 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 
mammals relative to the affected stock abundances; and (4) Rio Grande's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes.

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 216-6A, NMFS must 
review our proposed action with respect to environmental consequences 
on the human environment.
    Accordingly, NMFS determined that the issuance of the initial IHA 
qualified to be categorically excluded from further NEPA review. NMFS 
has determined that the application of this categorical exclusion 
remains appropriate for this reissued IHA.

Endangered Species Act (ESA)

    Incidental take of ESA-listed species from the specified activities 
is not expected or authorized. Therefore, NMFS determined that formal 
consultation under section 7 of the ESA is not required for this 
action.

Authorization

    NMFS has issued an IHA to Rio Grande for in-water construction 
activities associated with the specified activity from January 15, 
2025, through January 14, 2026. All previously described mitigation, 
monitoring, and reporting requirements from the initial 2020 IHA are 
incorporated.

    Dated: August 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-19186 Filed 8-26-24; 8:45 am]
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