81 FR 66639 - Notice of Intent To Prepare an Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66639-66640 | |
| FR Document | 2016-23327 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Pages 66639-66640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23327] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE887 Notice of Intent To Prepare an Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Intent to prepare and Environmental Assessment. ----------------------------------------------------------------------- SUMMARY: The National Marine Fisheries Service announces: (1) Its intent to prepare an Environmental Assessment (EA) to analyze the environmental impacts of issuing annual incidental harassment authorizations (IHAs) pursuant to the Marine Mammal Protection Act (MMPA) for the taking of marine mammals incidental to anthropogenic activities in the waters of Cook Inlet, Alaska, for the 2017 season; and (2) its intent to continue an annual cycle for issuing MMPA IHAs in Cook Inlet such that companies planning to submit IHA applications for work to be conducted in Cook Inlet in 2017 do so by no later than October 15, 2016. Further, we refer prospective applicants to our new Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm), which should be used in the analysis of auditory effects. DATES: Applicants should submit applications to the Permits and Conservation Division in the Office of Protected Resources by October 15, 2016. ADDRESSES: Applications 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 applications is [email protected]. Applications sent via email, including all attachments, must not exceed a 25-megabyte file size. NMFS is not responsible for applications sent to addresses other than those provided here. Instructions: All applications received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm. 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. FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected Resources, NMFS, (301) 427-8426. 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 [[Page 66640]] 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 an endangered species 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 (EIS) 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 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. (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 Beluga Whale. The population continues to show a negative trend, despite the cessation of subsistence since 2007. 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 are 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. 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 an Environmental Assessment (EA) to analyze the effects of issuing of multiple, concurrent, one-year MMPA authorizations to take Cook Inlet beluga whales. An EA will aid us in more effectively assessing the cumulative effects of multiple activities 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 NMFS' efforts to prepare an EA that covers multiple MMPA incidental harassment authorizations, NMFS is continuing an application cycle for incidental harassment authorizations that include Cook Inlet beluga whales for the 2017 open water season. NMFS requests all prospective MMPA incidental harassment authorization applicants for a given open water season to submit their applications by October 15th of the preceding calendar year (unless the activity is scheduled to occur before May, in which case they should be submitted earlier). Further, we refer potential applicants to our new Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm), which should be used in the analysis of auditory effects in an application. Receipt of those MMPA applications by October 15th will aid NMFS in the development of a timely and well-informed EA and related MMPA authorizations. Dated: September 22, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-23327 Filed 9-27-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices 66639
Endangered Species Act (ESA) Authorization Office of Protected Resources, National
As a result of these determinations, Marine Fisheries Service, 1315 East-
The Navy initiated informal West Highway, Silver Spring, MD
consultation under section 7 of the ESA we have issued an IHA to the Navy for
conducting the described pier 20910. The mailbox address for
with NMFS Southwest Regional Office providing applications is itp.youngkin@
replacement activities in San Diego Bay,
(now West Coast Regional Office) on from October 8, 2016 through October 7, noaa.gov. Applications sent via email,
March 5, 2013. NMFS concluded on 2017, provided the previously including all attachments, must not
May 16, 2013, that the proposed action mentioned mitigation, monitoring, and exceed a 25-megabyte file size. NMFS is
may affect, but is not likely to adversely reporting requirements are incorporated. not responsible for applications sent to
affect, WNP gray whales. The Navy has addresses other than those provided
Dated: September 23, 2016.
not requested authorization of the here.
Donna S. Wieting, Instructions: All applications received
incidental take of WNP gray whales and
Director, Office of Protected Resources, are a part of the public record and will
no such authorization was proposed,
National Marine Fisheries Service. generally be posted to http://
and there are no other ESA-listed
[FR Doc. 2016–23389 Filed 9–27–16; 8:45 am] www.nmfs.noaa.gov/pr/permits/
marine mammals found in the action
area. Therefore, no consultation under BILLING CODE 3510–22–P incidental.htm. All personal identifying
the ESA is required. information (for example, name,
address, etc.) voluntarily submitted by
National Environmental Policy Act DEPARTMENT OF COMMERCE the commenter may be publicly
(NEPA) accessible. Do not submit confidential
National Oceanic and Atmospheric
Administration business information or otherwise
In compliance with the National sensitive or protected information.
Environmental Policy Act of 1969 (42 RIN 0648–XE887 FOR FURTHER INFORMATION CONTACT: Dale
U.S.C. 4321 et seq.), as implemented by
Notice of Intent To Prepare an Youngkin, Office of Protected
the regulations published by the
Environmental Assessment on the Resources, NMFS, (301) 427–8426.
Council on Environmental Quality (40
CFR parts 1500–1508), the Navy Issuance of Incidental Take SUPPLEMENTARY INFORMATION:
prepared an Environmental Assessment Authorizations in Cook Inlet, Alaska Background
(EA) to consider the direct, indirect and AGENCY: National Marine Fisheries Sections 101 (a)(5)(A) and (D) of the
cumulative effects to the human Service (NMFS), National Oceanic and MMPA (16 U.S.C. 1361 et seq.) direct
environment resulting from the pier Atmospheric Administration (NOAA), the Secretary of Commerce to allow,
replacement project. NMFS made the Commerce. upon request, the incidental, but not
Navy’s EA available to the public for ACTION: Notice; Intent to prepare and intentional taking of small numbers of
review and comment, in relation to its Environmental Assessment. marine mammals by U.S. citizens who
suitability for adoption by NMFS in engage in a specified activity (other than
order to assess the impacts to the human SUMMARY: The National Marine
commercial fishing) within a specified
environment of issuance of an IHA to Fisheries Service announces: (1) Its
geographical region if certain findings
the Navy. Also in compliance with intent to prepare an Environmental
are made and either regulations are
NEPA and the CEQ regulations, as well Assessment (EA) to analyze the
issued or, if the taking is limited to
as NOAA Administrative Order 216–6, environmental impacts of issuing
harassment for a period of one year or
NMFS has reviewed the Navy’s EA, annual incidental harassment
less, a notice of proposed authorization
determined it to be sufficient, and authorizations (IHAs) pursuant to the
is provided to the public for review. The
adopted that EA and signed a Finding Marine Mammal Protection Act
term ‘‘take’’ under the MMPA means ‘‘to
(MMPA) for the taking of marine
of No Significant Impact (FONSI) on harass, hunt, capture or kill, or attempt
mammals incidental to anthropogenic
July 8, 2013. to harass, hunt, capture, or kill.’’ Except
activities in the waters of Cook Inlet,
We have reviewed the Navy’s with respect to certain activities not
Alaska, for the 2017 season; and (2) its
application for a renewed IHA for pertinent here, the MMPA defines
intent to continue an annual cycle for
ongoing construction activities for ‘‘harassment’’ as ‘‘any act of pursuit,
issuing MMPA IHAs in Cook Inlet such
2016–17 and the 2015–16 monitoring torment, or annoyance which (i) has the
that companies planning to submit IHA
potential to injure a marine mammal or
report. Based on that review, we have applications for work to be conducted in
marine mammal stock in the wild (Level
determined that the proposed action is Cook Inlet in 2017 do so by no later than
A harassment); or (ii) has the potential
very similar to that considered in the October 15, 2016. Further, we refer
to disturb a marine mammal or marine
previous IHAs. In addition, no prospective applicants to our new
mammal stock in the wild by causing
significant new circumstances or Technical Guidance for Assessing the
disruption of behavioral patterns,
information relevant to environmental Effects of Anthropogenic Sound on
including, but not limited to, migration,
concerns have been identified. Thus, we Marine Mammal Hearing (http://
breathing, nursing, breeding, feeding, or
have determined that the preparation of www.nmfs.noaa.gov/pr/acoustics/
sheltering (Level B harassment).’’
a new or supplemental NEPA document guidelines.htm), which should be used Authorization for incidental takings
is not necessary, and, after review of in the analysis of auditory effects. shall be granted if NMFS finds that the
public comments determine that the DATES: Applicants should submit taking will have a negligible impact on
mstockstill on DSK3G9T082PROD with NOTICES
existing EA and FONSI provide applications to the Permits and the species or stock(s), will not have an
adequate analysis related to the Conservation Division in the Office of unmitigable adverse impact on the
potential environmental effects of Protected Resources by October 15, availability of the species or stock(s) for
issuing an IHA to the Navy. The 2013 2016. subsistence uses (where relevant), and if
NEPA documents are available for ADDRESSES: Applications should be the permissible methods of taking and
review at www.nmfs.noaa.gov/pr/ addressed to Jolie Harrison, Chief, requirements pertaining to the
permits/incidental/construction.htm. Permits and Conservation Division, mitigation, monitoring, and reporting of
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![66640 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
such takings are set forth. NMFS has context of ensuring MMPA and ESA incidental harassment authorizations,
defined ‘‘negligible impact’’ in 50 CFR compliance for future activities. NMFS is continuing an application
216.103 as ‘‘an impact resulting from (3) In May 2015, NMFS unveiled its cycle for incidental harassment
the specified activity that cannot be ‘‘Species in the Spotlight: Survive to authorizations that include Cook Inlet
reasonably expected to, and is not Thrive’’ initiative. This initiative beluga whales for the 2017 open water
reasonably likely to, adversely affect the includes targeted efforts vital for season. NMFS requests all prospective
species or stock through effects on stabilizing eight species—including the MMPA incidental harassment
annual rates of recruitment or survival.’’ Cook Inlet beluga whale—identified authorization applicants for a given
among the most at risk for extinction. open water season to submit their
Concern for Cook Inlet Beluga Whales The approach involves intensive human applications by October 15th of the
Cook Inlet is a semi-enclosed tidal efforts to stabilize these species, with preceding calendar year (unless the
estuary located in southcentral Alaska the goal that they will become activity is scheduled to occur before
and home to the Cook Inlet beluga candidates for recovery. May, in which case they should be
whale, a small resident population that (4) On May 15, 2015, NMFS released submitted earlier). Further, we refer
was designated as depleted under the the Draft Recovery Plan for Cook Inlet potential applicants to our new
MMPA and listed as an endangered Beluga Whale. The population Technical Guidance for Assessing the
species under the Endangered Species continues to show a negative trend, Effects of Anthropogenic Sound on
Act (ESA) in 2008. The stock has not despite the cessation of subsistence Marine Mammal Hearing (http://
recovered, despite implementing since 2007. Although the exact cause of www.nmfs.noaa.gov/pr/acoustics/
subsistence hunting regulations in 1999, the continued decline in the absence of guidelines.htm), which should be used
and cessation of hunting in 2007. In subsistence hunting is unknown, the in the analysis of auditory effects in an
light of this, and in recognition of the Recovery Plan identifies likely threats, application. Receipt of those MMPA
increasing industrial activity and including three threats of high relative applications by October 15th will aid
development in Cook Inlet, NMFS has concern: Noise, catastrophic events, and NMFS in the development of a timely
taken a number of actions that reflect the cumulative and synergistic effects of and well-informed EA and related
the high level of concern for the species, multiple stressors. Threats of medium MMPA authorizations.
including: relative concern include disease, habitat
(1) On October 14, 2014, NMFS loss or degradation, reduction in prey, Dated: September 22, 2016.
announced its intent to prepare an and unauthorized take. Due to an Donna S. Wieting,
Environmental Impact Statement (EIS) incomplete understanding of the threats Director, Office of Protected Resources,
pursuant to the National Environmental facing Cook Inlet beluga whales, NMFS National Marine Fisheries Service.
Policy Act to analyze the effects on the is unable to identify with certainty the [FR Doc. 2016–23327 Filed 9–27–16; 8:45 am]
human environment of issuing actions that will most immediately BILLING CODE 3510–22–P
authorizations for the incidental take of encourage recovery. Until we know
marine mammals from activities which threats are limiting recovery, the
occurring in both the state and Federal strategy of the Recovery Plan is to focus COMMITTEE FOR THE
waters of Cook Inlet, AK, from Knik on threats identified as medium or high IMPLEMENTATION OF TEXTILE
Arm in the northern part of the Inlet to concern. AGREEMENTS
the southern edge of Kachemak Bay on
the southeastern part of the Inlet and to Announcements Limitations of Duty- and Quota-Free
the southern edge of Cape Douglas on The actions summarized above are Imports of Apparel Articles Assembled
the southwestern part of the Inlet multi-year efforts that are not likely to in Beneficiary Sub-Saharan African
(‘‘Cook Inlet beluga EIS’’). NMFS result in substantial changes in the Countries From Regional and Third-
included a 75-day public comment short-term. NMFS announces here Country Fabric
period for the Notice of Intent and additional steps to help inform agency
conducted a scoping meeting in AGENCY: Committee for the
decision making in the interim. Implementation of Textile Agreements
Anchorage Alaska on November 3, 2014. The preparation of an EIS is a lengthy
(2) On November 3, 2014, NMFS (CITA).
and intensive process that, in the case
convened a multi-stakeholder meeting of the for Cook Inlet beluga EIS, will ACTION: Publishing the New 12-Month
in Anchorage Alaska: Conservation and likely take two or more years. Cap on Duty- and Quota-Free Benefits.
Recovery of Cook Inlet Beluga Whales in Accordingly, in recognition of our
the Context of Continued Development. DATES: Effective Date: October 1, 2016.
ongoing concern over Cook Inlet
The purpose of the meeting was to FOR FURTHER INFORMATION CONTACT:
belugas, while the Cook Inlet beluga EIS
engage stakeholders and begin exploring is being prepared, NMFS will develop Homer Boyer, International Trade
Cook Inlet specific solutions for an Environmental Assessment (EA) to Specialist, Office of Textiles and
mitigating and monitoring adverse analyze the effects of issuing of Apparel, U.S. Department of Commerce,
effects on belugas, while also allowing multiple, concurrent, one-year MMPA (202) 482–5156.
for sustainable development. The first authorizations to take Cook Inlet beluga SUPPLEMENTARY INFORMATION:
day of the two-day workshop was whales. An EA will aid us in more Authority: Title I, Section 112(b)(3) of the
devoted to background and updates effectively assessing the cumulative Trade and Development Act of 2000 (TDA
related to the status, ecology, and effects of multiple activities and to more 2000), Public Law (Pub. L.) 106–200, as
stressors of Cook Inlet belugas and the amended by Division B, Title XXI, section
mstockstill on DSK3G9T082PROD with NOTICES
comprehensively consider a range of
standards set by the MMPA and the 3108 of the Trade Act of 2002, Pub. L. 107–
mitigation and monitoring measures in
ESA. The second day included an 210; Section 7(b)(2) of the AGOA
the context of the multiple activities. Acceleration Act of 2004, Pub. L. 108–274;
exploration of measures and strategies Division D, Title VI, section 6002 of the Tax
to minimize anthropogenic impacts, MMPA Authorization Cycle
(Application Deadlines) Relief and Health Care Act of 2006 (TRHCA
promote recovery, and increase 2006), Pub.L. 109–432, and section 1 of The
understanding of impacts, as well as a To support NMFS’ efforts to prepare African Growth and Opportunity
discussion of these objectives in the an EA that covers multiple MMPA Amendments (Pub. L. 112–163), August 10,
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Document Created: 2016-09-28 01:07:41
Document Modified: 2016-09-28 01:07:41
| 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; Intent to prepare and Environmental Assessment. | |
| Dates | Applicants should submit applications to the Permits and Conservation Division in the Office of Protected Resources by October 15, 2016. | |
| Contact | Dale Youngkin, Office of Protected Resources, NMFS, (301) 427-8426. | |
| FR Citation | 81 FR 66639 | |
| RIN Number | 0648-XE88 |
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