80 FR 73730 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliot Bay Seawall Project in Seattle, Washington
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 227 (November 25, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 227 (November 25, 2015)
| Page Range | 73730-73731 | |
| FR Document | 2015-29979 |
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)] [Notices] [Pages 73730-73731] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29979] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-BC69 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliot Bay Seawall Project in Seattle, Washington AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of a Letter of Authorization. ----------------------------------------------------------------------- SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the City of Seattle's Department of Transportation (SDOT) for the take of eight species of marine mammals incidental to pile driving activities associated with the Elliot Bay Seawall Project (EBSP). DATES: Effective from October 22, 2015, through August 31, 2016. ADDRESSES: The LOA and supporting documentation are available for review on the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours at the Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by telephoning the contact listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Zach Hughes, Office of Protected Resources, NMFS, 301-427-8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 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 issues or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Under the MMPA, the term ``take'' means to harass, hunt, capture, or kill marine mammals. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the identified 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 in the regulations. 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.'' Regulations governing the taking of harbor seals (Phoca vitulina richardii), California sea lions (Zalophus californianus), Steller sea lions (Eumetopias jubatus monteriensis), harbor porpoise (Phocoena phocoena [[Page 73731]] vomerina), Dall's porpoise (Phocoenoides dalli dalli), southern resident and transient killer whales (Orcinus orca), gray whales (Eschrichtius robustus), and humpback whales (Megaptera novaeangliae), by harassment, incidental to pile driving activities in Elliot Bay for the EBSP, were issued on October 21, 2013 (78 FR 63396, October 24, 2013), and remain in effect until October 21, 2018. For detailed information on this action, please refer to that document. The regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during pile driving activities associated with the EBSP. Pursuant to those regulations, NMFS first issued an LOA, effective from October 22, 2013, through October 21, 2014, and a second LOA, effective from October 22, 2014, through October 21, 2015. SDOT conducted activities as described, implemented the required mitigation methods, and conducted the required monitoring. Monitoring Reports The total number of potentially harassed marine mammals was well below the authorized limits, with the exception of the California sea lion. The reported take for California sea lion for the 2014-2015 Letter of Authorization, by Level B harassment only, exceeded the annually authorized level. Please see the monitoring report at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm for more detail. This resulted in part because of an error in our assumptions relating to the proposed take estimates in the original rule, i.e., the number of California sea lions regularly hauling out on buoys in Elliot Bay. Based on our review of monitoring to date we plan to revise future take estimates by assuming an estimated daily exposure of up to 7 California sea lions (as compared with 5 assumed in regulations). Because this revision of the estimated number of California sea lions constitutes less than 0.1 percent of the population for California sea lions, and is the same kind of take anticipated in the regulations, it remains consistent with the determinations of negligible impact and small numbers, and our subsistence findings for the specified activity and remaining years of the issued regulations for the EBSP. Authorization NMFS has issued an LOA to SDOT authorizing the Level B harassment of marine mammals incidental to pile driving activities associated with the EBSP at Seattle, WA. Take of marine mammals will be minimized through implementation of the following mitigation measures: (1) Limited impact pile driving; (2) containment of impact pile driving; (3) additional sound attenuation measures; (4) ramp-up of pile-related activities; (5) marine mammal exclusion zones; and (6) shutdown and delay procedures. SDOT will also conduct visual monitoring and underwater acoustic monitoring for mitigation and research purposes. Reports will be submitted to NMFS at the time of request for a renewal of the LOA, and a final comprehensive report, which will summarize all previous reports and assess cumulative impacts, will be submitted before the rule expires. Issuance of this LOA is based on the results of the monitoring reports that verified that the total number of potentially harassed marine mammals was below the authorized limits, with the exception of the California sea lion (as discussed above). Based on these findings and the information discussed in the preamble to the final rule, the activities described under the LOA will have a negligible impact on the marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stocks for subsistence uses. No injury, serious injury, or mortality of the affected species is anticipated. Dated: October 28, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-29979 Filed 11-24-15; 8:45 am] BILLING CODE 3510-22-P
![73730 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
information. Accurate representations of Affected Public: Individuals or the City of Seattle’s Department of
material facts submitted to CITA for the Business. Transportation (SDOT) for the take of
Commercial Availability Proceeding are Estimated Number of Respondents: eight species of marine mammals
vital to the integrity of this process and 16. incidental to pile driving activities
are necessary for CITA’s effective Estimated Time per Response: 8 hours associated with the Elliot Bay Seawall
administration of the statutory scheme. for Request for Commercial Availability Project (EBSP).
Each submission containing factual Determination; 2 hours for Response to DATES: Effective from October 22, 2015,
information for CITA’s consideration a Request; and 1 hour for Rebuttal. through August 31, 2016.
must be accompanied by the Estimated Total Annual Burden ADDRESSES: The LOA and supporting
appropriate certification regarding the Hours: 89. documentation are available for review
accuracy of the factual information. Any Estimated Total Annual Cost to
on the Internet at: www.nmfs.noaa.gov/
submission that lacks the applicable Public: $3,440.
pr/permits/incidental/construction.htm.
certifications will be considered an IV. Request for Comments Documents cited in this notice may also
incomplete submission that CITA will be viewed, by appointment, during
Comments are invited on: (a) Whether
reject and return to the submitter. CITA regular business hours at the Office of
the proposed collection of information
may verify any factual information Protected Resources, National Marine
is necessary for the proper performance
submitted by interested entities in a Fisheries Service, 1315 East-West
of the functions of the agency, including
Commercial Availability Proceeding. Highway, Silver Spring, MD 20910–
whether the information shall have
II. Method of Collection practical utility; (b) the accuracy of the 3225, by telephoning the contact listed
agency’s estimate of the burden under FOR FURTHER INFORMATION
All submissions for a commercial CONTACT.
(including hours and cost) of the
availability proceeding pursuant to FOR FURTHER INFORMATION CONTACT:
proposed collection of information; (c)
these procedures (e.g., Commercial Zach Hughes, Office of Protected
ways to enhance the quality, utility, and
Availability Request, Response, Resources, NMFS, 301–427–8401.
clarity of the information to be
Rebuttal, and Request to Remove) must
collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION:
be in English. If any attachments are in
burden of the collection of information
a language other than English, a Background
on respondents, including through the
complete translation must be provided. Sections 101(a)(5)(A) of the MMPA
use of automated collection techniques
Each submission must be submitted to (16 U.S.C. 1361 et seq.) directs the
or other forms of information
the Chairman of CITA, in care of the Secretary of Commerce to allow, upon
technology.
U.S. Department of Commerce’s Office Comments submitted in response to request, the incidental, but not
of Textiles and Apparel (‘‘OTEXA’’) in this notice will be summarized and/or intentional, taking of small numbers of
two forms: email and an original signed included in the request for OMB marine mammals by U.S. citizens who
submission. An email version of the approval of this information collection; engage in a specified activity (other than
submission must be either in PDF or they also will become a matter of public commercial fishing) within a specified
Word format, must contain an adequate record. geographical region if certain findings
public summary of any business are made and either regulations are
confidential information and the due Dated: November 19, 2015.
issues or, if the taking is limited to
diligence certification, and should be Glenna Mickelson, harassment, notice of a proposed
sent to OTEXA.KOREA@trade.gov. The Management Analyst, Office of the Chief authorization is provided to the public
email version of the submission will be Information Officer. for review. Under the MMPA, the term
posted for public review on KOREA [FR Doc. 2015–29933 Filed 11–24–15; 8:45 am] ‘‘take’’ means to harass, hunt, capture,
FTA Commercial Availability Web site. BILLING CODE 3510–DS–P or kill marine mammals. Authorization
No business confidential information for incidental takings shall be granted if
should be submitted in the email NMFS finds that the taking will have a
version of any document. DEPARTMENT OF COMMERCE negligible impact on the identified
Brackets must be placed around all species or stock(s), will not have an
business confidential information National Oceanic and Atmospheric
unmitigable adverse impact on the
contained in submissions. Documents Administration
availability of the species or stock(s) for
containing business confidential RIN 0648–BC69 subsistence uses (where relevant), and if
information must have a bolded heading the permissible methods of taking and
stating ‘‘Confidential Version.’’ Taking and Importing Marine requirements pertaining to the
Attachments considered business Mammals; Taking Marine Mammals mitigation, monitoring, and reporting of
confidential information must have a Incidental to the Elliot Bay Seawall such takings are set forth in the
heading stating ‘‘Business Confidential Project in Seattle, Washington regulations. NMFS has defined
Information.’’ Documents, including AGENCY: National Marine Fisheries ‘‘negligible impact’’ in 50 CFR 216.103
those submitted via email, provided for Service (NMFS), National Oceanic and as ‘‘. . . an impact resulting from the
public release must have a bolded Atmospheric Administration (NOAA), specified activity that cannot be
heading stating ‘‘Public Version’’ and all Commerce. reasonably expected to, and is not
the business confidential information reasonably likely to, adversely affect the
ACTION: Notice of issuance of a Letter of
must be deleted from public versions, species or stock through effects on
Authorization.
tkelley on DSK3SPTVN1PROD with NOTICES
and substituted with an adequate public annual rates of recruitment or survival.’’
summary. SUMMARY: In accordance with the Regulations governing the taking of
III. Data Marine Mammal Protection Act harbor seals (Phoca vitulina richardii),
(MMPA), as amended, and California sea lions (Zalophus
OMB Control Number: 0625–0270. implementing regulations, notification californianus), Steller sea lions
Form Number(s): None. is hereby given that a Letter of (Eumetopias jubatus monteriensis),
Type of Review: Regular submission. Authorization (LOA) has been issued to harbor porpoise (Phocoena phocoena
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![Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73731
vomerina), Dall’s porpoise mammals will be minimized through to publish notice in the Federal Register
(Phocoenoides dalli dalli), southern implementation of the following concerning each proposed collection of
resident and transient killer whales mitigation measures: (1) Limited impact information, including each proposed
(Orcinus orca), gray whales pile driving; (2) containment of impact extension of an existing collection of
(Eschrichtius robustus), and humpback pile driving; (3) additional sound information, and to allow 60 days for
whales (Megaptera novaeangliae), by attenuation measures; (4) ramp-up of public comment. This notice solicits
harassment, incidental to pile driving pile-related activities; (5) marine comments on the collections of
activities in Elliot Bay for the EBSP, mammal exclusion zones; and (6) information mandated by §§ 23.500 to
were issued on October 21, 2013 (78 FR shutdown and delay procedures. SDOT 23.505 of the Commission regulations
63396, October 24, 2013), and remain in will also conduct visual monitoring and (Confirmation, Portfolio Reconciliation,
effect until October 21, 2018. For underwater acoustic monitoring for Portfolio Compression, and Swap
detailed information on this action, mitigation and research purposes. Trading Relationship Documentation
please refer to that document. The Reports will be submitted to NMFS at Requirements for Swap Dealers and
regulations include mitigation, the time of request for a renewal of the Major Swap Participants).
monitoring, and reporting requirements LOA, and a final comprehensive report, DATES: Comments must be submitted on
for the incidental take of marine which will summarize all previous or before January 25, 2016.
mammals during pile driving activities reports and assess cumulative impacts, ADDRESSES: You may submit comments,
associated with the EBSP. Pursuant to will be submitted before the rule identified by ‘‘Confirmation, Portfolio
those regulations, NMFS first issued an expires. Reconciliation, Portfolio Compression,
LOA, effective from October 22, 2013, Issuance of this LOA is based on the
and Swap Trading Relationship
through October 21, 2014, and a second results of the monitoring reports that
Documentation Requirements for Swap
LOA, effective from October 22, 2014, verified that the total number of
potentially harassed marine mammals Dealers and Major Swap Participants’’,’’
through October 21, 2015. SDOT
was below the authorized limits, with and Collection Numbers 3038–0068,
conducted activities as described,
the exception of the California sea lion 3038–0083, and 3038–0088 by any of
implemented the required mitigation
(as discussed above). Based on these the following methods:
methods, and conducted the required • The Agency’s Web site, at http://
monitoring. findings and the information discussed
comments.cftc.gov/. Follow the
in the preamble to the final rule, the
Monitoring Reports instructions for submitting comments
activities described under the LOA will
The total number of potentially have a negligible impact on the marine through the Web site.
harassed marine mammals was well • Mail: Christopher Kirkpatrick,
mammal stocks and will not have an
below the authorized limits, with the Secretary of the Commission,
unmitigable adverse impact on the
exception of the California sea lion. The Commodity Futures Trading
availability of the affected marine
reported take for California sea lion for Commission, Three Lafayette Centre,
mammal stocks for subsistence uses. No
the 2014–2015 Letter of Authorization, 1155 21st Street NW., Washington, DC
injury, serious injury, or mortality of the
by Level B harassment only, exceeded 20581.
affected species is anticipated.
the annually authorized level. Please see • Hand Delivery/Courier: Same as
Dated: October 28, 2015. Mail above.
the monitoring report at http://
Perry F. Gayaldo, • Federal eRulemaking Portal: http://
www.nmfs.noaa.gov/pr/permits/
Deputy Director, Office of Protected www.regulations.gov/. Follow the
incidental/construction.htm for more Resources, National Marine Fisheries Service. instructions for submitting comments
detail. This resulted in part because of
[FR Doc. 2015–29979 Filed 11–24–15; 8:45 am] through the Portal. Please submit your
an error in our assumptions relating to
BILLING CODE 3510–22–P comments using only one method.
the proposed take estimates in the All comments must be submitted in
original rule, i.e., the number of English, or if not, accompanied by an
California sea lions regularly hauling English translation. Comments will be
out on buoys in Elliot Bay. Based on our COMMODITY FUTURES TRADING
COMMISSION posted as received to www.cftc.gov.
review of monitoring to date we plan to
FOR FURTHER INFORMATION CONTACT:
revise future take estimates by assuming
Agency Information Collection Gregory Scopino, Special Counsel,
an estimated daily exposure of up to 7
Activities: Notice of Intent To Renew Division of Swap Dealer and
California sea lions (as compared with
Collection Numbers 3038–0068, 3038– Intermediary Oversight, Commodity
5 assumed in regulations).
0083, and 3038–0088, Confirmation, Futures Trading Commission, (202)
Because this revision of the estimated
Portfolio Reconciliation, Portfolio 418–5496; email: gscopino@cftc.gov.
number of California sea lions
Compression, and Swap Trading SUPPLEMENTARY INFORMATION: Under the
constitutes less than 0.1 percent of the
Relationship Documentation PRA, Federal agencies must obtain
population for California sea lions, and
Requirements for Swap Dealers and approval from the Office of Management
is the same kind of take anticipated in
Major Swap Participants and Budget (‘‘OMB’’) for each collection
the regulations, it remains consistent
with the determinations of negligible AGENCY: Commodity Futures Trading of information they conduct or sponsor.
impact and small numbers, and our Commission. ‘‘Collection of Information’’ is defined
subsistence findings for the specified ACTION: Notice. in 44 U.S.C. 3502(3) and 5 CFR 1320.3
activity and remaining years of the and includes agency requests or
issued regulations for the EBSP. SUMMARY: The Commodity Futures requirements that members of the public
tkelley on DSK3SPTVN1PROD with NOTICES
Trading Commission (‘‘CFTC’’ or submit reports, keep records, or provide
Authorization ‘‘Commission’’) is announcing an information to a third party. Section
NMFS has issued an LOA to SDOT opportunity for public comment on the 3506(c)(2)(A) of the PRA, 44 U.S.C.
authorizing the Level B harassment of proposed renewal of three collections of 3506(c)(2)(A), requires Federal agencies
marine mammals incidental to pile certain information by the agency. to provide a 60-day notice in the
driving activities associated with the Under the Paperwork Reduction Act Federal Register concerning each
EBSP at Seattle, WA. Take of marine (‘‘PRA’’), Federal agencies are required proposed collection of information,
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Document Created: 2018-03-01 11:16:03
Document Modified: 2018-03-01 11:16:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of issuance of a Letter of Authorization. | |
| Dates | Effective from October 22, 2015, through August 31, 2016. | |
| Contact | Zach Hughes, Office of Protected Resources, NMFS, 301-427-8401. | |
| FR Citation | 80 FR 73730 | |
| RIN Number | 0648-BC69 |
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