83 FR 25438 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Coast Boulevard Improvements Project, La Jolla, California
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 106 (June 1, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 106 (June 1, 2018)
| Page Range | 25438-25440 | |
| FR Document | 2018-11785 |
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)] [Notices] [Pages 25438-25440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11785] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF985 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Coast Boulevard Improvements Project, La Jolla, California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization (IHA). ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the City of San Diego (the City) for an incidental harassment authorization (IHA) to take three species of marine mammals, by Level B harassment only, incidental to Coast Boulevard improvements in La Jolla, California. The project has been delayed, such that none of the work covered in the identical IHA issued in 2017 was initiated and, therefore, the City requested that an identical IHA be issued to cover the same work in 2018. NMFS is, therefore, issuing a second IHA to cover the incidental take analyzed and authorized in the initial IHA. The scope of the activities and anticipated effects remain the same, authorized take numbers would not change, and the required mitigation, monitoring, and reporting would remain the same as authorized in the 2017 IHA referenced above. NMFS is therefore notifying the public about the issuance of an IHA to the City to incidentally take marine mammals, by Level B harassment only, during the City's Coast Boulevard improvements. DATES: Valid June 1, 2018 through May 31, 2019. ADDRESSES: An electronic copy of the final 2017 IHA previously issued to the City, the City's application, and the Federal Register notices proposing and issuing the 2017 IHA may be obtained by visiting 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 below (see FOR FURTHER INFORMATION CONTACT). [[Page 25439]] FOR FURTHER INFORMATION CONTACT: Amy Fowler, 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). 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 with respect to environmental consequences on the human environment. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 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. History of Request NMFS received a request from the City for authorization to take marine mammals incidental to Coast Boulevard improvements in La Jolla, California on December 16, 2016. On March 1, 2017, we deemed the City's application for authorization to be adequate and complete. We published a notice of a proposed IHA and request for comments on April 26, 2017 (82 FR 19221), and subsequently issued an IHA to the City on May 31, 2017, and published final notice of our issuance of the IHA on June 29, 2017 (82 FR 29511). On October 19, 2017, the City informed NMFS that while some structural integrity testing of the existing concrete at the project location had occurred over 4 days in July, none of the work identified in the IHA that was expected to result in the take of marine mammals (i.e., construction or demolition work) had occurred and no take of any marine mammals had occurred. On January 4, 2018, the City submitted a formal request for a new identical IHA that would be effective from June 1, 2018 through December 14, 2018, in order to conduct the construction and demolition work that was analyzed and authorized through the previously issued IHA. The planned activities are the same as those proposed in the previous IHA application and the potential incidental take the same as that authorized through the previously issued IHA, and include improvements to an existing public parking lot, sidewalk, and landscaping areas located on the bluff tops above Children's Pool, a public beach located in La Jolla, California. Species that are expected to be taken by the planned activity include harbor seal (Phoca vitulina), California sea lion (Zalophus californianus), and northern elephant seal (Mirounga angustirostris). The City's request was for harassment only and NMFS concurs that mortality is not expected to result from this activity. Therefore, an IHA is appropriate. Description of Proposed Activity and Anticipated Impacts The 2017 IHA covered improvements to an existing public parking lot, sidewalk, and landscaping areas located on the bluff tops above Children's Pool to upgrade public access and safety. Planned demolition activities included the removal of existing parking lot paving; concrete curb, gutter, and sidewalk; and the removal of existing irrigation and plant materials. Planned construction activities included subgrade preparation, asphalt paving, and marking of parking stalls; pouring of concrete curb, gutter, and sidewalk; construction of rock walls, installation of fencing, placement of landscape boulders, installation of landscaping and irrigation; and finishing and clean up. The 2017 IHA authorized the Level B harassment of 1,620 harbor seals, 36 California sea lions and 14 northern elephant seals. The City did not conduct any demolition or construction activities, and no takes of marine mammals occurred, and now requests that this second IHA cover all demolition and construction activities as those proposed in the 2017 IHA application and authorized via the 2017 IHA. We refer to the documents related to the previously issued IHA, which include the Federal Register notice of the issuance of the 2017 IHA for the City's construction and demolition work (82 FR 29511), the City's application, the Federal Register notice of the proposed IHA (82 FR 19221), and all associated references and documents. Detailed Description of the Action--A detailed description of the proposed demolition and construction activities is found in these previous documents. The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the previous notices. 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 this IHA as well. In addition, NMFS has reviewed recent draft Stock Assessment Reports, information on relevant Unusual Mortality Events, and recent scientific literature, and determined that no new information affects our original analysis of impacts under the current IHA. Since issuing the 2017 IHA, NMFS published draft Stock Assessment Reports (SARs) (82 FR 60181; 19 December 2017). The abundance estimates reported in the draft SARs did not change for any of [[Page 25440]] three species proposed to be taken in this authorization. Potential Effects on Marine Mammals--A description of the potential effects of the specified activities on marine mammals and their habitat is found in these previous documents, which remains applicable to this IHA. There is no new information on potential effects. Estimated Take--A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that was authorized is found in these previous documents. The methods of estimating take are identical to those used in the previous IHA, as is the density of marine mammals. The number of takes authorized is the same as the number of takes authorized via the previous IHA. Level A incidental take is not expected to occur for the same reasons discussed in the previous documents and none is authorized. Description of Mitigation, Monitoring and Reporting Measures--A description of mitigation, monitoring, and reporting measures is found in the previous documents, which are identical in this IHA. In summary, mitigation will include limiting construction to outside of the harbor seal pupping season (December 15 to May 15), limiting construction to daylight hours only, using the loudest equipment only between 8:30 a.m. and 3:30 p.m., and monitoring both airborne noise and marine mammals. One trained protected species observer will monitor the proposed activities to collect information of responses of marine mammals to the activities. On October 19, 2017, the City submitted a monitoring report for the minimal work that had been completed on the existing concrete under the 2017 IHA (work that was not expected to result in take of marine mammals, but which was part of the overarching activity). The City complied with all mitigation, monitoring, and reporting protocols. No marine mammal takes were expected, authorized, or recorded. The monitoring report can be viewed on NMFS's website: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. Determinations The City will conduct activities identical to those analyzed in the previous 2017 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 and small numbers standards and authorized under the 2017 IHA. This 2018 IHA includes identical required mitigation, monitoring, and reporting measures as the 2017 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) the City'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. 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. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. However, no incidental take of ESA-listed species is authorized or expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action. Authorization NMFS has issued an IHA to the City of San Diego for Coast Boulevard improvements in La Jolla, CA from June 1, 2018 through May 31, 2019. All previously described mitigation, monitoring, and reporting requirements from the 2017-2018 IHA are incorporated. Dated: May 25, 2018. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-11785 Filed 5-31-18; 8:45 am] BILLING CODE 3510-22-P
![25438 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
response, on an order-specific basis, are authority of the Secretary of Commerce Dated: May 25, 2018.
set forth at 19 CFR 351.218(d)(3). Note and in accordance with the Federal Maureen Smith,
that certain information requirements Advisory Committee Act (5 U.S.C. Director, Office of Supply Chain.
differ for respondent and domestic App.). It provides advice to the [FR Doc. 2018–11737 Filed 5–31–18; 8:45 am]
parties. Also, note that Secretary of Commerce on the necessary BILLING CODE 3510–DR–P
Commerce’s information requirements elements of a comprehensive policy
are distinct from the Commission’s approach to supply chain
information requirements. Consult competitiveness and on regulatory DEPARTMENT OF COMMERCE
Commerce’s regulations for information policies and programs and investment
regarding Commerce’s conduct of priorities that affect the competitiveness National Oceanic and Atmospheric
Sunset Reviews. Consult Commerce’s of U.S. supply chains. For more Administration
regulations at 19 CFR part 351 for information about the Committee visit: RIN 0648–XF985
definitions of terms and for other http://trade.gov/td/services/oscpb/
general information concerning supplychain/acscc/. Takes of Marine Mammals Incidental to
antidumping and countervailing duty Specified Activities; Taking Marine
proceedings at Commerce. Matters To Be Considered: Committee Mammals Incidental to Coast
This notice of initiation is being members are expected to continue to Boulevard Improvements Project, La
published in accordance with section discuss the major competitiveness- Jolla, California
751(c) of the Act and 19 CFR 351.218(c). related topics raised at the previous
Committee meetings, including trade AGENCY: National Marine Fisheries
Dated: May 16, 2018. Service (NMFS), National Oceanic and
and competitiveness; freight movement
James Maeder, and policy; trade innovation; regulatory Atmospheric Administration (NOAA),
Associate Deputy Assistant Secretary for issues; finance and infrastructure; and Commerce.
Antidumping and Countervailing Duty workforce development. The ACTION: Notice; issuance of incidental
Operations performing the duties of Deputy harassment authorization (IHA).
Assistant Secretary for Antidumping and Committee’s subcommittees will report
Countervailing Duty Operations. on the status of their work regarding
SUMMARY: NMFS has received a request
[FR Doc. 2018–11815 Filed 5–31–18; 8:45 am] these topics. The agenda may change to from the City of San Diego (the City) for
BILLING CODE 3510–DS–P
accommodate other Committee an incidental harassment authorization
business. The Office of Supply Chain, (IHA) to take three species of marine
Professional & Business Services will mammals, by Level B harassment only,
DEPARTMENT OF COMMERCE post the final detailed agendas on its incidental to Coast Boulevard
website, http://trade.gov/td/services/ improvements in La Jolla, California.
International Trade Administration oscpb/supplychain/acscc/, at least one The project has been delayed, such that
week prior to the meeting. none of the work covered in the
Advisory Committee on Supply Chain
The meetings will be open to the identical IHA issued in 2017 was
Competitiveness: Notice of Public
public and press on a first-come, first- initiated and, therefore, the City
Meetings
served basis. Space is limited. The requested that an identical IHA be
AGENCY: International Trade public meetings are physically issued to cover the same work in 2018.
Administration, U.S. Department of accessible to people with disabilities. NMFS is, therefore, issuing a second
Commerce. Individuals requiring accommodations, IHA to cover the incidental take
ACTION: Notice of open meetings. such as sign language interpretation or analyzed and authorized in the initial
other ancillary aids, are asked to notify IHA. The scope of the activities and
SUMMARY: This notice sets forth the Mr. Richard Boll, at (202) 482–1135 or anticipated effects remain the same,
schedule and proposed topics of richard.boll@trade.gov five (5) business authorized take numbers would not
discussion for public meetings of the days before the meeting. change, and the required mitigation,
Advisory Committee on Supply Chain monitoring, and reporting would remain
Competitiveness (Committee). Interested parties are invited to the same as authorized in the 2017 IHA
submit written comments to the referenced above. NMFS is therefore
DATES: The meetings will be held on
Committee at any time before and after notifying the public about the issuance
June 20, 2018, from 12:00 p.m. to 3:00 the meeting. Parties wishing to submit
p.m., and June 21, 2018, from 9:00 a.m. of an IHA to the City to incidentally take
written comments for consideration by marine mammals, by Level B
to 4:00 p.m., Eastern Standard Time the Committee in advance of this
(EST). harassment only, during the City’s Coast
meeting must send them to the Office of Boulevard improvements.
ADDRESSES: The meetings on June 20 Supply Chain, Professional & Business DATES: Valid June 1, 2018 through May
and 21 will be held at the U.S. Services, 1401 Constitution Ave. NW, 31, 2019.
Department of Commerce, 1401 Room 11014, Washington, DC 20230, or ADDRESSES: An electronic copy of the
Constitution Avenue NW, Research email to richard.boll@trade.gov. final 2017 IHA previously issued to the
Library (Room 1894), Washington, DC For consideration during the City, the City’s application, and the
20230. meetings, and to ensure transmission to Federal Register notices proposing and
FOR FURTHER INFORMATION CONTACT: the Committee prior to the meetings, issuing the 2017 IHA may be obtained
Richard Boll, Office of Supply Chain, comments must be received no later by visiting https://
daltland on DSKBBV9HB2PROD with NOTICES
Professional & Business Services than 5:00 p.m. EST on June 12, 2018. www.fisheries.noaa.gov/national/
(OSCPBS), International Trade Comments received after June 12, 2018, marine-mammal-protection/incidental-
Administration. Phone: (202) 482–1135 will be distributed to the Committee, take-authorizations-construction-
or Email: richard.boll@trade.gov. but may not be considered at the activities. In case of problems accessing
SUPPLEMENTARY INFORMATION: meetings. The minutes of the meetings these documents, please call the contact
Background: The Committee was will be posted on the Committee listed below (see FOR FURTHER
established under the discretionary website within 60 days of the meeting. INFORMATION CONTACT).
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![25440 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
three species proposed to be taken in and authorized under the 2017 IHA. DEPARTMENT OF COMMERCE
this authorization. This 2018 IHA includes identical
Potential Effects on Marine required mitigation, monitoring, and National Oceanic and Atmospheric
Mammals—A description of the reporting measures as the 2017 IHA, and Administration
potential effects of the specified there is no new information suggesting RIN 0648–XG257
activities on marine mammals and their that our analysis or findings should
habitat is found in these previous change. Meeting of the Columbia Basin
documents, which remains applicable to Partnership Task Force of the Marine
this IHA. There is no new information Based on the information contained
Fisheries Advisory Committee
on potential effects. here and in the referenced documents,
Estimated Take—A description of the NMFS has determined the following: (1) AGENCY: National Marine Fisheries
methods and inputs used to estimate The required mitigation measures will Service (NMFS), National Oceanic and
take anticipated to occur and, effect the least practicable impact on Atmospheric Administration (NOAA),
ultimately, the take that was authorized marine mammal species or stocks and Department of Commerce.
is found in these previous documents. their habitat; (2) the authorized takes ACTION: Notice of open public meeting.
The methods of estimating take are will have a negligible impact on the
identical to those used in the previous affected marine mammal species or SUMMARY: This notice sets forth the
IHA, as is the density of marine stocks; (3) the authorized takes proposed schedule and agenda of a
mammals. The number of takes represent small numbers of marine forthcoming meeting of the Marine
authorized is the same as the number of mammals relative to the affected stock Fisheries Advisory Committee’s
takes authorized via the previous IHA. abundances; and (4) the City’s activities (MAFAC’s) Columbia Basin Partnership
Level A incidental take is not expected Task Force (CBP Task Force). The CBP
will not have an unmitigable adverse
to occur for the same reasons discussed Task Force will discuss the issues
impact on taking for subsistence
in the previous documents and none is outlined in the SUPPLEMENTARY
purposes as no relevant subsistence uses INFORMATION below.
authorized.
Description of Mitigation, Monitoring of marine mammals are implicated by
DATES: The meeting will be held June
and Reporting Measures—A description this action.
19, 2018, from 8 a.m. to 5 p.m. and on
of mitigation, monitoring, and reporting Endangered Species Act (ESA) June 20, 2018, from 8 a.m. to 4 p.m.
measures is found in the previous
ADDRESSES: The meeting will be held at
documents, which are identical in this Section 7(a)(2) of the Endangered the Columbia Gorge Hotel, 4000 West
IHA. In summary, mitigation will Species Act of 1973 (ESA: 16 U.S.C. Cliff Drive, Hood River, OR 97031; 541–
include limiting construction to outside 1531 et seq.) requires that each Federal 386–5566.
of the harbor seal pupping season agency insure that any action it
(December 15 to May 15), limiting FOR FURTHER INFORMATION CONTACT:
authorizes, funds, or carries out is not Katherine Cheney; NFMS West Coast
construction to daylight hours only, likely to jeopardize the continued
using the loudest equipment only Region; 503–231–6730; email:
existence of any endangered or Katherine.Cheney@noaa.gov.
between 8:30 a.m. and 3:30 p.m., and threatened species or result in the
monitoring both airborne noise and SUPPLEMENTARY INFORMATION: Notice is
destruction or adverse modification of
marine mammals. One trained protected hereby given of a meeting of MAFAC’s
designated critical habitat. To ensure CBP Task Force. The MAFAC was
species observer will monitor the
ESA compliance for the issuance of established by the Secretary of
proposed activities to collect
IHAs, NMFS consults internally Commerce (Secretary) and, since 1971,
information of responses of marine
mammals to the activities. whenever we propose to authorize take advises the Secretary on all living
On October 19, 2017, the City for endangered or threatened species. marine resource matters that are the
submitted a monitoring report for the However, no incidental take of ESA- responsibility of the Department of
minimal work that had been completed listed species is authorized or expected Commerce. The MAFAC charter and
on the existing concrete under the 2017 to result from this activity. Therefore, summaries of prior MAFAC meetings
IHA (work that was not expected to NMFS has determined that formal are located online at https://
result in take of marine mammals, but consultation under section 7 of the ESA www.fisheries.noaa.gov/topic/
which was part of the overarching is not required for this action. partners#marine-fisheries-advisory-
activity). The City complied with all committee-. The CBP Task Force reports
mitigation, monitoring, and reporting Authorization to MAFAC and is being convened to
protocols. No marine mammal takes develop recommendations for long-term
NMFS has issued an IHA to the City goals to meet Columbia Basin salmon
were expected, authorized, or recorded.
of San Diego for Coast Boulevard recovery, conservation needs, and
The monitoring report can be viewed on
NMFS’s website: www.fisheries.noaa. improvements in La Jolla, CA from June harvest opportunities, in the context of
gov/national/marine-mammal- 1, 2018 through May 31, 2019. All habitat capacity and other factors that
protection/incidental-take- previously described mitigation, affect salmon mortality. More
authorizations-construction-activities. monitoring, and reporting requirements information is available at the CBP Task
from the 2017–2018 IHA are Force web page: http://
Determinations incorporated. www.westcoast.fisheries.noaa.gov/
The City will conduct activities Dated: May 25, 2018. columbia_river/index.html.
daltland on DSKBBV9HB2PROD with NOTICES
identical to those analyzed in the
Donna S. Wieting, Matters To Be Considered
previous 2017 IHA. As described above,
the number of authorized takes of the Director, Office of Protected Resources, The meeting time and agenda are
same species and stocks of marine National Marine Fisheries Service. subject to change. Meeting topics to be
mammals are identical to the numbers [FR Doc. 2018–11785 Filed 5–31–18; 8:45 am] discussed include draft qualitative and
that were found to meet the negligible BILLING CODE 3510–22–P quantitative goals for the Columbia
impact and small numbers standards Basin species, approaches to integrate
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Document Created: 2018-06-01 01:30:29
Document Modified: 2018-06-01 01:30:29
| 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; issuance of incidental harassment authorization (IHA). | |
| Dates | Valid June 1, 2018 through May 31, 2019. | |
| Contact | Amy Fowler, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 83 FR 25438 | |
| RIN Number | 0648-XF98 |
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