Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62341 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. This includes 

consideration of the 2022 SAR 

estimated abundance of the North 

Atlantic right whale stock. Specifically, 

NMFS is proposing to authorize 17 takes 

of North Atlantic right whales by Level 

B harassment only, and the impacts 

resulting from the project’s activities are 

neither reasonably expected nor 

reasonably likely to adversely affect the 

stock through effects on annual rates of 

recruitment or survival. Additionally, 

approximately 5 percent of the stock 

abundance is proposed for take by Level 

B harassment. 

Based on the information and analysis 

contained here and in the referenced 

documents, including the consideration 

of the final 2022 SARs, 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) 

Orsted’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. 

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, in this 

case with the NMFS Greater Atlantic 

Regional Fisheries Office (GARFO), 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS Office of Protected Resources 

has authorized the incidental take of 

four species of marine mammals which 

are listed under the ESA (the North 

Atlantic right, fin, sei, and sperm whale) 

and has determined that these activities 

fall within the scope of activities 

analyzed in GARFO’s programmatic 

consultation regarding geophysical 

surveys along the U.S. Atlantic coast in 

the three Atlantic Renewable Energy 

Regions (completed June 29, 2021; 

revised September 2021). The proposed 

Renewal IHA provides no new 

information about the effects of the 

action, nor does it change the extent of 

effects of the action, or any other basis 

to require reinitiation of consultation 

with NMFS GARFO; therefore, the ESA 

consultation has been satisfied for the 

initial IHA and remains valid for the 

Renewal IHA. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to Orsted for conducting 

marine site characterization surveys off 

New York to Massachusetts (Lease 

Areas OCS–A 0486, 0487, and 0500), 

effective from October 6, 2023 through 

October 5, 2024, provided the 

previously described mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed and initial IHA can be found 

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

permit/incidental-take-authorizationsunder-marine-mammal-protection-act. 

We request comment on our analyses, 

the proposed Renewal IHA, and any 

other aspect of this notice. Please 

include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for MMPA authorization. 

Dated: September 1, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–19508 Filed 9–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD327] 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of one incidental 

take permit application; availability of a 

draft environmental assessment; request 

for comments. 

SUMMARY: Notice is hereby given that 

NMFS has received one Incidental Take 

Permit (ITP) application for the City of 

Santa Cruz’s Anadromous Salmonid 

Habitat Conservation Plan (ASHCP). 

The ASHCP has been submitted 

pursuant to section 10(a)(1)(B) of the 

Endangered Species Act (ESA) of 1973, 

as amended. NMFS has also prepared a 

draft environmental assessment (EA) 

under the National Environmental 

Policy Act (NEPA) describing the 

potential effects of NMFS’ proposed 

issuance of the Permit associated with 

the submitted ASHCP. NMFS is 

furnishing this notice in order to allow 

other agencies, tribes, and the public an 

opportunity to review and comment on 

these documents. 

DATES: Written comments on the EA 

must be received at the appropriate 

address (see ADDRESSES) on or before 5 

p.m. Pacific standard time on October 

11, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by Santa 

Cruz Habitat Conservation Plan (HCP), 

by any of the following methods: 

• Email: SantaCruzHCPNEPA.WCR@

noaa.gov. Include ‘‘Santa Cruz HCP’’ in 

the subject line of the message. 

• Mail: Submit written comments to 

National Marine Fisheries Service, West 

Coast Region, Coastal California Office, 

777 Sonoma Avenue, Room 325, Santa 

Rosa, California 95404; Attn: William 

Stevens. 

• Fax: (707) 578–3435; Attn: William 

Stevens. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). When 

commenting, please refer to the specific 

page number and the subject of your 

comment. 

The documents subject to public 

comment are available on the internet 

at: https://www.fisheries.noaa.gov/westcoast/laws-and-policies/west-coastregion-national-environmental-policyact-documents. 

FOR FURTHER INFORMATION CONTACT: 

William Stevens, Santa Rosa, CA, (707) 

575–6066, William.Stevens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This 

Notice 

Central California Coast (CCC) 

Evolutionary Significant Unit (ESU) of 

coho salmon (Oncorhynchus kisutch) 


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62342 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

and threatened CCC Distinct Population 

Segment (DPS) of steelhead (O. mykiss). 

Background 

The City of Santa Cruz’s operation, 

maintenance, rehabilitation, and 

management of their water supply and 

water system facilities, municipal 

facilities, and City lands are essential to 

the welfare of the City’s citizens and 

visitors. Normal, otherwise lawful 

operation of the City of Santa Cruz 

facilities could result in take of ESAlisted species. Section 10(a)(1)(B) of the 

ESA authorizes NMFS to issue an ITP to 

non-Federal parties for the potential 

incidental taking of endangered and 

threatened species. In support of their 

ITP application, the City of Santa Cruz 

has prepared an ASHCP to address 

effects of water diversions and for 

operation, rehabilitation, replacement, 

repair and maintenance of conveyance 

facilities and other existing 

infrastructure (covered activities) on 

salmonids listed under the ESA. The 

ASHCP plan area includes watershed 

and water service/urban areas that total 

approximately 176 square miles (∼455.8 

km2) in Santa Cruz County, California 

across three geographically distinct 

areas: (1) North Coast watersheds 

(Liddell, Laguna, and Majors); (2) San 

Lorenzo River watershed; and (3) City 

Urban Center. The ASHCP provides an 

assessment of impacts; measures to 

monitor, minimize, and mitigate for 

those impacts; and procedures to 

account for unforeseen or extraordinary 

circumstances. 

Preliminary Proposed Action and 

Alternatives 

NMFS has prepared a draft EA, in 

accordance with the requirements of 

NEPA, to analyze the potential impacts 

on the human (biological, physical, 

social, and economic) environment 

caused by the City of Santa Cruz ASHCP 

(proposed action). Under the proposed 

action, NMFS would approve the 

ASHCP and issue an ITP with a 30-year 

permit term to the City of Santa Cruz for 

incidental take of covered species from 

covered activities in the plan area. 

Under the no action alternative, NMFS 

would not issue an ITP to the City, and 

the ASHCP would not be implemented. 

Under the no action alternative, the City 

would need to evaluate individual 

operations and maintenance activities to 

determine whether incidental take of 

listed salmonid species could be 

avoided through seasonal restrictions 

and other modifications to the activity, 

or whether an activity-specific 

incidental take authorization would 

instead be required. 

Summary of Expected Impacts 

Incidental take is expected to result 

from covered activities described in the 

ASHCP. Expected impacts are less than 

what occurs under the City of Santa 

Cruz’s current practices. The City of 

Santa Cruz is proposing a conservation 

strategy as part of their ASHCP that is 

intended to fully offset the impacts of 

the take. 

Under the no action alternative, the 

City would conduct project-by-project 

reviews. It is anticipated that activities, 

if permitted, would occur at a slower 

pace and avoidance, minimization, and 

mitigation measures may be less 

comprehensive and more site-specific, 

compared to the proposed action. This 

type of mitigation can also be more 

expensive and time-consuming and 

provide less conservation benefit than a 

regional or watershed-level approach, as 

provided by the proposed action. 

Authority 

Section 9 of the ESA and Federal 

regulations prohibit the taking of a 

species listed as endangered or 

threatened. The ESA defines ‘‘take’’ to 

mean harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct. NMFS may issue permits, 

under limited circumstances to take 

listed species incidental to, and not the 

purpose of, otherwise lawful activities. 

Section 10(a)(1)(B) of the ESA and 

implementing regulations (50 CFR 

222.307) provide for authorizing 

incidental take of listed species. The 

final permit decision will not be made 

until after the end of the 30-day 

comment period. NMFS will publish 

notice of its final action in the Federal 

Register. 

NEPA requires Federal agencies to 

conduct an environmental analysis of 

their proposed actions to determine if 

the actions may affect the human 

environment (42 U.S.C. 4321 et seq.; 40 

CFR parts 1500 through 1508; and 

Companion Manual for NOAA 

Administrative Order 216–6A, 82 FR 

4306, January 13, 2017). Therefore, 

NMFS is seeking public input on the 

scope of the required NEPA analysis in 

the EA, including the range of 

reasonable alternatives and associated 

impacts of any alternatives. 

Dated: September 5, 2023. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2023–19425 Filed 9–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD299] 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

hold a two-day in-person meeting of its 

Standing, Reef Fish, Socioeconomic, 

and Ecosystem Scientific and Statistical 

Committees (SSC). 

DATES: The meeting will be held 

Wednesday, September 27 and 

Thursday, September 28, 2023; 8:30 

a.m.–5 p.m., EDT both days. 

ADDRESSES: The meeting will take place 

at the Gulf Council office. Registration 

information will be available on the 

Council’s website by visiting 

www.gulfcouncil.org and clicking on the 

‘‘meeting tab’’. 

Council address: Gulf of Mexico 

Fishery Management Council, 4107 W 

Spruce Street, Suite 200, Tampa, FL 

33607; telephone: (813) 348–1630. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ryan Rindone, Lead Fishery Biologist, 

Gulf of Mexico Fishery Management 

Council; ryan.rindone@gulfcouncil.org, 

telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Wednesday, September 27, 2023; 8:30 

a.m.–5 p.m., EDT 

The meeting will begin with 

Introductions and Adoption of Agenda, 

Approval of Verbatim Minutes and 

Meeting Summary from the July 19–20, 

2023, meeting, and a review of the 

Scope of Work. The Committees will 

select an SSC Representative for the 

October 23–26, 2023, Gulf Council 

meeting in Panama City Beach, FL. 

Following, the Committees will 

review Gag Grouper Abundance, 

Movement, Spawning Behavior, Discard 

Mortality, and Environment Influences; 

presentations, background 

documentation and references will be 

provided to support SSC discussion. 

The Committees will review Possible 

Management Modifications for Gag and 

Black Grouper, with presentations, 

background documentation and 

references for SSC recommendations 

and discussion. The Committees will 

also discuss the SEDAR 94 Florida 

Hogfish Scope of Work. Public comment 

will be heard at the end of the day. 


ddrumheller on DSK120RN23PROD with NOTICES1