80 FR 48299 - Programmatic Environmental Assessment on the Issuance of Take Authorizations in Cook Inlet, Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

The National Marine Fisheries Service (NMFS) announces: Its intent to prepare a Programmatic Environmental Assessment (EA) to analyze the environmental impacts of issuing annual Incidental Take Authorizations (ITAs) pursuant to the Marine Mammal Protection Act (MMPA) for the taking of marine mammals incidental to anthropogenic activities in the waters of Cook Inlet, AK, for the 2016 season and; its intent to institute an MMPA authorization cycle wherein companies planning to submit MMPA incidental harassment authorization applications for work to be conducted in Cook Inlet in 2016 do so by no later than October 1, 2015.

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48299-48301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19814]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE101


Programmatic Environmental Assessment on the Issuance of Take 
Authorizations in Cook Inlet, Alaska

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

ACTION: Notice; intent to prepare a Programmatic Environmental 
Assessment; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces: Its 
intent to prepare a Programmatic Environmental Assessment (EA) to 
analyze the environmental impacts of issuing annual Incidental Take 
Authorizations (ITAs) pursuant to the Marine Mammal Protection Act 
(MMPA) for the taking of marine mammals incidental to anthropogenic 
activities in the waters of Cook Inlet, AK, for the 2016 season and; 
its intent to institute an MMPA authorization cycle wherein companies 
planning to submit MMPA incidental harassment authorization 
applications for work to be conducted in Cook Inlet in 2016 do so by no 
later than October 1, 2015.

DATES: All comments, written statements, and questions regarding the 
proposed process and preparation of the EA must be received no later 
than September 11, 2015.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. Comments sent via email, including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for comments sent to addresses other than those provided 
here.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

[[Page 48300]]

    An electronic copy of the application may be obtained by writing to 
the address specified above, telephoning the contact listed below (see 
FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

FOR FURTHER INFORMATION CONTACT: Sara Young, Office of Protected 
Resources, NMFS, (301) 427-8484.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101 (a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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 for a period of one year or less, a notice of 
proposed authorization is provided to the public for review. The term 
``take'' under the MMPA means ``to harass, hunt, capture or kill, or 
attempt to harass, hunt, capture, or kill.'' 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].''
    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.''

Concern for Cook Inlet Beluga Whales

    Cook Inlet is a semi-enclosed tidal estuary located in southcentral 
Alaska and home to the Cook Inlet beluga whale, a small resident 
population that was designated as depleted under the MMPA and listed as 
endangered under the Endangered Species Act (ESA) in 2008. The stock 
has not recovered, despite implementing subsistence hunting regulations 
in 1999, and cessation of hunting in 2007. In light of this, and in 
recognition of the increasing industrial activity and development in 
Cook Inlet, NMFS has taken a number of actions that reflect the high 
level of concern for the species, including:
    1. On October 14, 2014, NMFS announced its intent to prepare an 
Environmental Impact Statement pursuant to the National Environmental 
Policy Act to analyze the effects on the human environment of issuing 
authorizations for the incidental take of marine mammals from 
activities occurring in both the state and Federal waters of Cook 
Inlet, AK, from Knik Arm in the northern part of the Inlet to the 
southern edge of Kachemak Bay on the southeastern part of the Inlet and 
to the southern edge of Cape Douglas on the southwestern part of the 
Inlet (``Cook Inlet beluga EIS''). NMFS included a 75-day public 
comment period for the Notice of Intent and conducted a scoping meeting 
in Anchorage Alaska on November 3, 2014.
    2. On November 3, 2014, NMFS convened a multi-stakeholder meeting 
in Anchorage Alaska: Conservation and Recovery of Cook Inlet Beluga 
Whales in the Context of Continued Development. The purpose of the 
meeting was to engage stakeholders and begin exploring Cook Inlet 
specific solutions for mitigating and monitoring adverse effects on 
belugas, while also allowing for sustainable development. The first day 
of the two-day workshop was devoted to background and updates related 
to the status, ecology, and stressors of Cook Inlet belugas and the 
standards set by the MMPA and the Endangered Species Act (ESA). The 
second day included an exploration of measures and strategies to 
minimize anthropogenic impacts, promote recovery, and increase 
understanding of impacts, as well as a discussion of these objectives 
in the context of ensuring MMPA and ESA compliance for future 
activities. Information related to this meeting is available at: http://www.nmfs.noaa.gov/pr/permits/cookinlet.htm.
    3. In May 2015, NMFS unveiled its ``Species in the Spotlight: 
Survive to Thrive'' initiative. This initiative includes targeted 
efforts vital for stabilizing eight species--including the Cook Inlet 
beluga whale--identified among the most at risk for extinction. The 
approach involves intensive human efforts to stabilize these species, 
with the goal that they will become candidates for recovery.
    4. On May 15, 2015, NMFS released the Draft Recovery Plan for Cook 
Inlet belugas. The population continues to show a negative trend, 
despite the cessation of subsistence since 2005. Although the exact 
cause of the continued decline in the absence of subsistence hunting is 
unknown, the Recovery Plan identifies likely threats, including three 
threats of high relative concern: noise, catastrophic events, and the 
cumulative and synergistic effects of multiple stressors. Threats of 
medium relative concern include disease, habitat loss or degradation, 
reduction in prey, and unauthorized take. Due to an incomplete 
understanding of the threats facing Cook Inlet beluga whales, NMFS is 
unable to identify with certainty the actions that will most 
immediately encourage recovery. Until we know which threats are 
limiting recovery, the strategy of the Recovery Plan is to focus on 
threats identified as medium or high concern.

Announcements

    The actions summarized above include multi-year efforts that are 
not likely to result in substantial changes in the short-term. NMFS 
announces here additional steps to help inform agency decision making 
in the interim.
    Annual Programmatic EAs--The preparation of an EIS is a lengthy and 
intensive process that, in the case of the for Cook Inlet beluga EIS, 
will likely take two or more years. Accordingly, in recognition of our 
ongoing concern over Cook Inlet belugas, while the Cook Inlet beluga 
EIS is being prepared, NMFS will develop annual Programmatic 
Environmental Assessments (EAs) to analyze the effects of issuing of 
multiple concurrent one-year MMPA authorizations to take Cook Inlet 
beluga whales. A programmatic EA will aid us in more effectively 
assessing the aggregate effects of multiple incidental take 
authorizations and to more comprehensively consider a range of 
mitigation and monitoring measures in the context of the multiple 
activities.
    MMPA Authorization Cycle (Application Deadlines): To support our 
efforts to prepare an annual Programmatic EA that covers all MMPA 
incidental take authorizations issued within a year, NMFS is creating 
an application cycle for incidental take authorizations that include 
Cook Inlet beluga whales, beginning with the 2016 open water season. 
NMFS requests all prospective MMPA incidental take authorization 
applicants for a given open water season submit their applications by 
October 1st of the

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preceding calendar year (unless the activity is scheduled to occur 
before May, in which case they should be submitted earlier). Receipt of 
those MMPA applications by October 1 will aid NMFS in the development 
of a timely and well-informed EA and related MMPA authorizations. NMFS 
cannot guarantee the processing time for applications received after 
October 1.

    Dated: August 6, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-19814 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-22-P