81184 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 

Summary of Specified Activity and 

Anticipated Impacts 

The purpose of the Navy’s 

construction project is to support the 

existing bulkhead wall that has been 

weakened by the formation of voids 

within the wall, by constructing a new 

bulkhead immediately seaward of the 

existing bulkhead. The location, timing, 

and nature of the activities, including 

the types of equipment planned for use, 

are identical to those described in the 

previous IHAs. The authorized 

incidental take and anticipated impacts 

on the affected stocks are the same as 

those analyzed and authorized through 

the previously issued IHAs. The 

mitigation, monitoring and reporting 

measures are also identical to those 

prescribed in the previous IHAs. 

The only species of marine mammal 

expected to be taken by the planned 

activity is the bottlenose dolphin 

(Tursiops truncatus). The data inputs 

and methods of estimating take are 

identical to those used in the initial 

IHA. As such, the manner and amount 

of authorized take in the reissued IHA 

is identical to that in the initial IHA. 

NMFS has reviewed recent Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

recent scientific literature, and 

determined that no new information 

affects our initial analysis of impacts or 

take estimate under the previous IHAs. 

We refer to the documents related to 

the previously issued IHAs, which 

include the Federal Register notice of 

the issuance of the initial IHA for the 

Navy’s construction work (84 FR 37841, 

August 2, 2019), the Navy’s application, 

the Federal Register notice of the 

proposed IHA (84 FR 23024, May 21, 

2019), the Federal Register notice of 

issuance of the second IHA (85 FR 

10153, February 21, 2020), and all 

associated references and documents. 

Determinations 

The Navy will conduct activities that 

have impacts equal to those analyzed in 

the previous IHAs. As described above, 

the number of authorized takes of the 

same species and stocks of marine 

mammals is identical to the number that 

we found met the small numbers 

standard for issuance of the initial and 

subsequent IHAs. There are no changes 

to the status of the stock or the 

conditions under which the taking 

would occur. Further, the re-issued IHA 

includes identical required mitigation, 

monitoring, and reporting measures as 

the initial IHA. For the initial and 

subsequent IHAs, NMFS found the 

authorized take would result in a 

negligible impact to the affected stocks 

of bottlenose dolphins. No new 

information has emerged that would 

suggest we should change or analysis or 

findings. 

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 Navy’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. 

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. Because the only 

change to the IHA are effective dates, 

the CE on record for issuance of the 

initial IHA applies to 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. 

No incidental take of ESA-listed species 

is anticipated or authorized in the IHA 

as none occur in the action area. 

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 Navy 

for in-water construction activities 

associated with the specified activity 

effective January 1, 2021, through 

December 31, 2021. All previously 

described mitigation, monitoring, and 

reporting requirements from the initial 

and second IHA are incorporated. 

Dated: December 9, 2020. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2020–27503 Filed 12–14–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA668] 

Pacific Island Pelagic Fisheries; False 

Killer Whale Take Reduction Plan; New 

Trigger Value for Southern Exclusion 

Zone Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act of 1972 

and the False Killer Whale Take 

Reduction Plan, NMFS is publishing a 

new trigger value for the Southern 

Exclusion Zone closure. The new trigger 

is four observed mortality or serious 

injuries of false killer whales incidental 

to the deep-set longline fishery within 

the U.S. Exclusive Economic Zone. 

FOR FURTHER INFORMATION CONTACT: 

Diana Kramer, NMFS Pacific Islands 

Region, (808) 725–5167, Diana.Kramer@

noaa.gov; or Kristy Long, NMFS Office 

of Protected Resources, (301) 427–8402, 

Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The False Killer Whale Take 

Reduction Plan (Plan) was implemented 

on December 31, 2012, pursuant to 

section 118(f) of the Marine Mammal 

Protection Act (MMPA) to reduce the 

level of incidental mortality and serious 

injury (M/SI) of the Hawaii pelagic and 

Hawaii insular stocks of false killer 

whales in the Hawaii longline fisheries 

(77 FR 71260; November 29, 2012). The 

Plan, based on consensus 

recommendations from the False Killer 

Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 81185 

Whale Take Reduction Team, was 

implemented by regulations, which 

created the Southern Exclusion Zone 

(SEZ) (50 CFR 229.37(d)(2)) that would 

be closed to deep-set longline fishing if 

a certain number (trigger) of false killer 

whale M/SI were observed in the deepset fishery in the U.S. Exclusive 

Economic Zone (EEZ). As described in 

the Plan regulations, the SEZ is 

bounded on the east at 154°30′ W 

longitude, on the west at 165° W 

longitude, on the north by the 

boundaries of the Main Hawaiian 

Islands Longline Fishing Prohibited 

Area and Papahanaumokuakea Marine 

National Monument, and on the south 

by the EEZ boundary (see Figure 1). The 

regulations at 50 CFR 229.37(e)(2) 

define the trigger as the larger of either 

of these two values: (i) Two observed M/ 

SI of false killer whales within the EEZ 

around Hawaii, or (ii) the smallest 

number of observed false killer whale 

M/SI that, when extrapolated based on 

the percentage observer coverage in the 

deep-set longline fishery for that year, 

exceeds the Hawaii Pelagic false killer 

whale stock’s potential biological 

removal (PBR). NMFS established the 

trigger value for the first year of the 

Plan’s implementation as two observed 

false killer whale M/SI by the deep-set 

longline fishery within the U.S. EEZ 

around Hawaii (77 FR 71259, November 

29, 2012), based on the potential PBR of 

9.1 for the Hawaii pelagic stock of false 

killer whales, as calculated in the draft 

2012 Stock Assessment Report (SAR) 

(Carretta et al., 2012a). The Plan 

specifies the trigger value (two) will 

remain valid until NMFS publishes a 

new trigger value in the Federal 

Register (50 CFR 229.37(e)(1)). 

In June 2020, NMFS published NOAA 

Administrative Report H–20–06, 

‘‘Oleson, E.M. 2020. Abundance, 

potential biological removal, and 

bycatch estimates for the Hawaii pelagic 

stock of false killer whales for 2015– 

2019.’’ This report provided updated 

abundance information for the Hawaii 

pelagic stock of false killer whales and 

is considered the best scientific 

information available on the stock’s 

abundance and resulting PBR. The 

abundance estimate for the Hawaii 

pelagic stock of false killer whales 

presented in this report is 2,086 (CV = 

0.35) individuals in the Hawaii EEZ. 

The minimum population abundance 

(Nmin), used for calculating PBR, is 

1,567 animals. The PBR for this stock 

within the EEZ is calculated to be 16 

pelagic false killer whales. 

Based on the updated PBR of 16 

whales for the Hawaii pelagic stock of 

false killer whales, and the 2020 

expected observer coverage (20 percent), 

the trigger value (ii) is calculated as four 

whales. Trigger value (ii) (four whales) 

is larger than value (i) (two whales), 

therefore, NMFS sets the trigger value 

for SEZ closure at four observed false 

killer whale M/SI in the deep-set 

longline fishery in the EEZ around 

Hawaii. 

Information on the False Killer Whale 

Take Reduction Plan is available on the 

internet at the following address: 

https://www.fisheries.noaa.gov/pacificislands/marine-mammal-protection/ 

pacific-islands-region-false-killer-whaletake-reduction-team. NOAA 

Administrative Report H–20–06 is 

available on the internet at the following 

address: https://doi.org/10.25923/wmg3- 

ps37. Copies of reference materials may 

also be obtained from the NMFS Pacific 

Islands Regional Office, Protected 

Resources Division, 1845 Wasp Blvd., 

Building 176, Honolulu, HI 96818. 

This notice serves as a notification to 

fishermen, the fishing industry, and the 

general public that the SEZ closure 

trigger value is four observed false killer 

whale M/SI in the deep-set longline 

fishery in the EEZ around Hawaii. 

Authority: 16 U.S.C. 1361 et seq. 

Dated: December 10, 2020. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2020–27548 Filed 12–14–20; 8:45 am] 

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