Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62345 

Meeting ID: 810 8607 5177 

Passcode: 546850 

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FOR FURTHER INFORMATION CONTACT: 

Graciela Garcia-Moliner, Caribbean 

Fishery Management Council, 270 

Munoz Rivera Avenue, Suite 401, San 

Juan, Puerto Rico 00918–1903; 

telephone: (787) 766–5926. 

SUPPLEMENTARY INFORMATION: The 

following items included in the 

tentative agenda will be discussed: 

September 27, 2023 

9 a.m.–9:30 a.m. 

—Roll Call 

—Approval of Agenda 

—Approval of Minutes 

9:30 a.m.–12:30 p.m. 

—SEDAR 80 USVI Queen Triggerfish— 

Adyan Rios, SEFSC Caribbean 

Fisheries Branch and Kyle Shertzer, 

SEFSC Atlantic Fisheries Branch 

12:30 p.m.–1:30 p.m. 

-—Lunch Break 

1:30 p.m.–5 p.m. 

—Recommendations to CFMC on 

SEDAR 80 

—Research Priority Updates 

—Other Business 

—Next Meeting 

—Adjourn 

The order of business may be adjusted 

as necessary to accommodate the 

completion of agenda items. The 

meeting will begin on September 27, 

2023, at 9 a.m. EST, and will end on 

September 27, 2023, at 5 p.m., EST. 

Other than the start time, interested 

parties should be aware that discussions 

may start earlier or later than indicated, 

at the discretion of the Chair. In 

addition, the meeting may be completed 

prior to the date established in this 

notice. 

Special Accommodations 

For any additional information on this 

public virtual meeting, please contact 

Dr. Graciela Garcia-Moliner, Caribbean 

Fishery Management Council, 270 

Mun ̃oz Rivera Avenue, Suite 401, San 

Juan, Puerto Rico, 00918–1903, 

telephone: (787) 403–8337. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 6, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–19511 Filed 9–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD291] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Elkhorn Slough 

Tidal Marsh Restoration Project, Phase 

III in Monterey County, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of renewal 

incidental harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a Renewal 

incidental harassment authorization 

(IHA) to the California Department of 

Fish and Wildlife (CDFW) to 

incidentally harass marine mammals 

incidental to the Elkhorn Slough Tidal 

Marsh Restoration Project, Phase III, in 

Monterey County, California. 

DATES: This Renewal IHA is valid from 

September 16, 2023, through September 

15, 2024. 

ADDRESSES: Electronic copies of the 

original application, Renewal request, 

and supporting documents (including 

NMFS Federal Register notices of the 

original proposed and final 

authorizations, and the previous IHA), 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Alyssa Clevenstine, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the 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, an incidental harassment 

authorization is issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a renewal for this 


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62346 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

activity, and requested public comment 

on a potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year Renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. 

History of Request 

On September 16, 2021, NMFS issued 

an IHA to CDFW to take marine 

mammals incidental to Phase III of the 

Elkhorn Slough Tidal Marsh Restoration 

Project in Monterey County, CA (86 FR 

52644, September 22, 2021), effective 

from September 16, 2021 through 

September 15, 2022. On July 12, 2022, 

CDFW informed NMFS that the project 

was delayed and none of the work 

identified in the initial IHA (i.e., 

restoration work at the Seal Bend 

Restoration Area) had occurred, and 

submitted a request for re-issuance of 

the initial IHA with new effective dates 

of September 16, 2022, through 

September 15, 2023 (87 FR 56631, 

September 15, 2022). On July 6, 2023, 

NMFS received an application for the 

renewal of the IHA. As described in the 

application for renewal, the activities 

for which incidental take is requested 

consist of activities that are covered by 

the initial authorization but will not be 

completed prior to its expiration. As 

required, the applicant also provided 

preliminary monitoring results which 

confirms that the applicant has 

implemented the required mitigation 

and monitoring, and which also shows 

that no impacts of a scale or nature not 

previously analyzed or authorized have 

occurred as a result of the activities 

conducted. The notice of the proposed 

Renewal IHA was published on August 

1, 2023 (88 FR 50113). 

Description of the Specified Activities 

and Anticipated Impacts 

Phase III of CDFW’s construction 

Elkhorn Slough Tidal Marsh Restoration 

Project consists of relocating soil from 

an upland area through the use of heavy 

earth-moving equipment to the Seal 

Bend Restoration Area, and will restore 

28.6 acres (11.57 hectares) within a 12 

month period. The planned activities 

(including mitigation, monitoring, and 

reporting) and anticipated impacts on 

the affected stocks are the same as those 

analyzed and authorized through the 

initial IHA. 

A detailed description of the planned 

restoration activities is found in the 

Federal Register notice for the proposed 

initial IHA (86 FR 43204, August 6, 

2021). The location, timing, and nature 

of the activities, including the types of 

equipment planned for use, are identical 

to those described in the initial IHA. 

The mitigation and monitoring are also 

as prescribed in the initial IHA. 

Construction activities are expected to 

produce airborne noise and visual 

disturbance that have the potential to 

result in behavioral harassment of 

Pacific harbor seals (Phoca vitulina 

richardii). A description of the methods 

and inputs used to estimate take 

anticipated to occur and, ultimately, the 

take that was authorized is included in 

the previous documents referenced 

above. The data inputs and methods of 

estimating take are identical to those 

used 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 original analysis 

of impacts under the initial IHA. No 

work was completed under the initial 

IHA and only 15 days of work have been 

completed since reissuance of the initial 

IHA. 

This renewal is to cover a subset of 

the activities described for the initial 

IHA that will not be completed during 

the effective IHA period. CDFW plans to 

continue construction activities between 

September 2023 and September 2024. 

CDFW estimates it will take 225 days to 

complete construction necessary to 

support restoration of the Seal Bend 

Restoration Area, as only 15 days of 

work out of the 240 days of planned 

construction are expected to be 

completed within the effective dates of 

the currently active IHA. 

The likely or possible impacts of 

CDFW’s activity on marine mammals 

could involve both non-acoustic and 

acoustic stressors and is unchanged 

from the impacts described in the initial 

IHA. Potential non-acoustic stressors 

could result from the physical presence 

of construction equipment and 

personnel. Acoustic stressors include 

effects of heavy equipment operation 

during soil excavation, transport, and 

placement. The effects of airborne noise 

and visual disturbance from CDFW’s 

activities have the potential to result in 

Level B harassment of marine mammals 

in the action area. 

Detailed Description of the Activity 

A detailed description of the 

construction activities for which take is 

authorized here may be found in the 

notices of the proposed and final IHAs 

for the initial authorization (86 FR 

43204, August 6, 2021; 86 FR 52644, 

September 22, 2021). 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. 

This Renewal IHA is effective for a 

period of 1 year from September 16, 

2023 through September 15, 2024. 


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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62347 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

take is authorized, including 

information on abundance, status, 

distribution, and hearing, may be found 

in the notice of the proposed IHA for the 

initial authorization (86 FR 43204, 

August 6, 2021). NMFS has reviewed 

the preliminary monitoring data from 

the reissued IHA, recent draft stock 

assessment reports, information on 

relevant unusual mortality events, and 

other scientific literature, and 

determined that neither this nor any 

other new information affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the description of the marine 

mammals in the area of specified 

activities contained in the supporting 

documents for the initial IHA (86 FR 

43204, August 6, 2021). 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is authorized 

here may be found in the Federal 

Register notices of the proposed IHA for 

the initial authorization (86 FR 43204, 

August 6, 2023). NMFS has reviewed 

the preliminary monitoring data from 

the reissued IHA, recent draft stock 

assessment reports, information on 

relevant unusual mortality events, other 

scientific literature, and the public 

comments, and determined that neither 

this nor any other new information 

affects our initial analysis of impacts on 

marine mammals and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the notice 

of the proposed IHA for the initial 

authorization (86 FR 43204, August 6, 

2021). Specifically, days of operation, 

area or space within which harassment 

is likely to occur, and marine mammal 

occurrence data applicable to this 

authorization remain unchanged from 

the initial IHA. Similarly, the stock 

taken, methods of take, daily take 

estimates, and types of take remain 

unchanged from the initial IHA. The 

number of takes authorized through the 

renewal IHA are a subset of the initially 

authorized takes that represent the 

amount of activity left to complete. 

These takes, which reflect the lower 

number of remaining days of work (225 

days), are indicated below in Table 1. 

TABLE 1—PROPOSED AMOUNT OF TAKING, BY LEVEL B HARASSMENT, BY SPECIES AND STOCK AND PERCENT OF TAKE

BY STOCK

Species Scientific name Stock Proposed 

take 

Percent of 

stock 

Harbor seal ..................................... Phoca vitulina richardii ................... California ........................................ 1,800 5.8 

Description of Mitigation, Monitoring 

and Reporting Measures 

The mitigation, monitoring, and 

reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA, and the 

discussion of the least practicable 

adverse impact included in that 

document and the notice of the 

proposed IHA remains accurate. The 

following measures are included in the 

renewal IHA: 

• Construction work must occur only 

during daylight hours and should 

environmental conditions deteriorate 

such that marine mammals within the 

entire shutdown zone would not be 

visible (e.g., fog, heavy rain, smoke), 

construction must be delayed until the 

Protected Species Observer (PSO) is 

confident marine mammals within the 

shutdown zone could be detected; 

• CDFW must fulfill visual 

monitoring requirements, which 

includes the use of NMFS-approved 

PSOs and the establishment of a Level 

B harassment zone within 300 meters 

(m) of all construction activities; 

• A 30 minute pre-construction 

clearance period must occur prior to the 

start of ramp-up (e.g., ramp up by 

moving around the project area and 

starting equipment sequentially) and 

construction activities; 

• CDFW must shutdown heavy 

machinery work if a marine mammal 

comes within 10 m; 

• During harbor seal pupping season 

(March through July), CDFW must not 

initiate construction activities within 

300 m of a mom/pup pair that is hauled 

out, or within 100 m of a mom/pup pair 

in the water. If there is a gap in 

construction activities of more than an 

hour or if construction moves to a 

different area, this initiation protocol 

must again be implemented. During site 

containment activities that are 

underway, heavy machinery must not 

approach closer than 100 m of where 

mothers and pups are actively hauled 

out. If a pup less than 1 week old 

(neonate) comes within 20 m of where 

heavy machinery is working, 

construction activities in that area must 

be shut down or delayed until the pup 

has left the area. In the event that a pup 

less than 1 week old remains within 

those 20 m, NMFS will be consulted to 

determine the appropriate course of 

action; 

• Construction activities must be 

halted upon observation of either a 

species for which incidental take is not 

authorized or a species for which 

incidental take has been authorized but 

the authorized number of takes has been 

met, entering or within the harassment 

zone; 

• CDFW must conduct a census of 

marine mammals in the project area and 

the area surrounding the project at least 

30 minutes prior to the beginning of 

construction on monitoring days, and 

again 30 minutes after the completion of 

construction activities. CDFW must also 

conduct hourly counts of animals 

hauled out and in the water within at 

least the Level B harassment zone, as 

well as reactions observed in relation to 

construction activities; 

• CDFW must submit a draft report 

detailing all monitoring within 90 

calendar days of the completion of 

marine mammal monitoring or 60 days 

prior to the issuance of any subsequent 

IHA for this project, whichever comes 

first; 

• CDFW must prepare and submit 

final report within 30 days following 

resolution of comments on the draft 

report from NMFS; 

• CDFW must submit all PSO 

datasheets and/or raw sighting data (in 

a separate file (e.g., Microsoft Excel or 

similar) from the Final Report 

referenced immediately above); and, 

• CDFW must report injured or dead 

marine mammals. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

a Renewal IHA to CDFW was published 

in the Federal Register on August 1, 

2023 (88 FR 50113). That notice either 


ddrumheller on DSK120RN23PROD with NOTICES1
62348 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

described, or referenced descriptions of, 

CDFW’s activity, the marine mammal 

species that may be affected by the 

activity, the anticipated effects on 

marine mammals and their habitat, 

estimated amount and manner of take, 

and proposed mitigation, monitoring 

and reporting measures. NMFS received 

no public comments. 

Determinations 

The renewal request consists of a 

subset of activities analyzed through the 

initial authorization described above. In 

analyzing the effects of the activities for 

the initial IHA, NMFS determined that 

the CDFW’s activities would have a 

negligible impact on the affected species 

or stock and that authorized take 

numbers of each species or stock were 

small relative to the relevant stocks (e.g., 

less than one-third the abundance of all 

stocks). The mitigation measures and 

monitoring and reporting requirements 

as described above are identical to the 

initial IHA. 

NMFS has concluded that there is no 

new information suggesting that our 

analysis or findings should change from 

those reached for the initial IHA. Based 

on the information and analysis 

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; (4) CDFW’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, 

and; (5) appropriate monitoring and 

reporting requirements are included. 

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 (i.e., the issuance of an 

IHA renewal) with respect to potential 

impacts on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take authorizations with no anticipated 

serious injury or mortality) of the 

Companion Manual for NAO 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. Accordingly, 

NMFS determined that the issuance of 

the initial IHA qualified to be 

categorically excluded from further 

NEPA review. NMFS has determined 

that the application of this categorical 

exclusion remains appropriate for this 

Renewal IHA. 

Endangered Species Act 

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 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. 

Renewal 

NMFS has issued a Renewal IHA to 

CDFW for the take of marine mammals 

incidental to conducting construction 

activities associated with Phase III of the 

Elkhorn Slough Tidal Marsh Restoration 

Project in Monterey County, CA, from 

September 16, 2023, through September 

15, 2024. 

Dated: September 6, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–19523 Filed 9–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD301] 

Fisheries of the South Atlantic; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 82 South 

Atlantic Gray Triggerfish Assessment 

Webinar 6. 

SUMMARY: The SEDAR 82 assessment of 

the South Atlantic stock of gray 

triggerfish will consist of a data 

workshop, a series of assessment 

webinars, and a review workshop. The 

SEDAR 82 Assessment Webinar 6 is 

scheduled for September 26, 2023. See 

SUPPLEMENTARY INFORMATION. 

DATES: The SEDAR 82 South Atlantic 

Gray Triggerfish Assessment Webinar 6 

is scheduled for September 26, 2023, 

from 12 p.m. to 4 p.m., Eastern. The 

established times may be adjusted as 

necessary to accommodate the timely 

completion of discussion relevant to the 

assessment process. Such adjustments 

may result in the meeting being 

extended from or completed prior to the 

time established by this notice. 

ADDRESSES: The meeting will be held 

via webinar. The webinar is open to 

members of the public. Registration for 

the webinar is available by contacting 

the SEDAR coordinator via email at 

Kathleen.Howington@safmc.net. 

SEDAR address: South Atlantic 

Fishery Management Council, 4055 

Faber Place Drive, Suite 201, N. 

Charleston, SC 29405; 

www.sedarweb.org. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Howington, SEDAR 

Coordinator, 4055 Faber Place Drive, 

Suite 201, North Charleston, SC 29405; 

phone: (843) 571–4371; email: 

Kathleen.Howington@safmc.net. 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions, 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a threestep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses. The product of the Assessment 

Process is a stock assessment report 

which describes the fisheries, evaluates 

the status of the stock, estimates 

biological benchmarks, projects future 

population conditions, and recommends 

research and monitoring needs. The 

assessment is independently peer 

reviewed at the Review Workshop. The 

product of the Review Workshop is a 

Summary documenting panel opinions 

regarding the strengths and weaknesses 

of the stock assessment and input data. 


ddrumheller on DSK120RN23PROD with NOTICES1