69158 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

relative to the population size of the 

affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

In order to issue an IHA, NMFS must 

find that the specified activity will not 

have an ‘‘unmitigable adverse impact’’ 

on the subsistence uses of the affected 

marine mammal species or stocks by 

Alaskan Natives. NMFS has defined 

‘‘unmitigable adverse impact’’ in 50 CFR 

216.103 as an impact resulting from the 

specified activity: (1) That is likely to 

reduce the availability of the species to 

a level insufficient for a harvest to meet 

subsistence needs by (i) causing the 

marine mammals to abandon or avoid 

hunting areas, (ii) directly displacing 

subsistence users, or (iii) placing 

physical barriers between the marine 

mammals and the subsistence hunters; 

and (2) That cannot be sufficiently 

mitigated by other measures to increase 

the availability of marine mammals to 

allow subsistence needs to be met. 

The Alutiiq and Eyak people of Prince 

William Sound traditionally harvested 

marine mammals, however the last 

recorded subsistence harvest in Cordova 

was in 2014 as part of a regional effort 

to update the status of subsistence uses 

in Exxon Valdez Oil Spill communities, 

during which no marine mammals were 

harvested in Cordova (Fall and 

Zimpelman 2016). 

In the decades since the Exxon Valdez 

Oil Spill, there have been declines in 

the number of households hunting and 

harvesting larger marine mammals in 

Prince William Sound. Surveys 

gathering subsistence data found that 10 

percent or fewer households harvest or 

use harbor seals or sea lions (Poe et al., 

2010). Subsistence hunters in Prince 

William Sound report having to travel 

farther from their home communities to 

be successful when harvesting marine 

mammals (Keating et al., 2020). 

The planned project is not likely to 

adversely impact the availability of any 

marine mammal species or stocks that 

are commonly used for subsistence 

purposes or to impact subsistence 

harvest of marine mammals in the 

region because: 

• There is no recent recorded 

subsistence harvest of marine mammals 

in the area; 

• Construction activities are localized 

and temporary; 

• Mitigation measures will be 

implemented to minimize disturbance 

of marine mammals in the action area; 

and, 

• The project will not result in 

significant changes to availability of 

subsistence resources. 

Based on the description of the 

specified activity, the measures 

described to minimize adverse effects 

on the availability of marine mammals 

for subsistence purposes, and the 

planned mitigation and monitoring 

measures, NMFS has determined that 

there will not be an unmitigable adverse 

impact on subsistence uses from 

Cordova’s planned activities. 

Endangered Species Act 

There is one marine mammal species 

(western DPS Steller sea lion) with 

confirmed occurrence in the project area 

that is listed as endangered under the 

ESA. The NMFS Alaska Regional Office 

issued a Biological Opinion on 

September 28, 2023 under section 7 of 

the ESA on the issuance of two IHAs to 

Cordova under section 101(a)(5)(D) of 

the MMPA by the NMFS Office of 

Protected Resources. The Biological 

Opinion concluded that this action is 

not likely to jeopardize the continued 

existence of Western Distinct 

Population Segment (DPS) Steller sea 

lions. In addition, the proposed action 

is not likely to adversely affect Western 

North Pacific DPS humpback whales, 

Mexico DPS humpback whales, fin 

whales, or Steller sea lion critical 

habitat. 

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 evaluate our 

proposed action (i.e., the issuance of 

two IHAs) and alternatives with respect 

to potential impacts on the human 

environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs 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 has determined that the issuance 

of these IHAs qualifies to be 

categorically excluded from further 

NEPA review. 

Authorizations 

NMFS has issued two consecutive 

IHAs to Cordova for the potential 

harassment of small numbers of marine 

mammal species incidental to the 

Cordova Harbor Rebuild project, in 

Cordova, Alaska, that includes the 

previously explained mitigation, 

monitoring and reporting requirements. 

Dated: September 29, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–22096 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD446] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public meeting of its 

Groundfish Committee via webinar to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). Recommendations from this 

group will be brought to the full Council 

for formal consideration and action, if 

appropriate. 

DATES: This webinar will be held on 

Monday, November 13, 2023, at 9:30 

a.m. 

ADDRESSES: Webinar registration URL 

information: https://attendee.

gotowebinar.com/register/

4122443360576842070. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Cate 

O’Keefe, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Groundfish Committee will meet 

to discuss recommendations from the 

Recreational Advisory Panel and 

Groundfish Advisory Panel. They will 

review draft Framework Adjustment 66 

alternatives and draft impacts analysis 

and recommend preferred alternatives 

to the Council. They will receive an 

update on Framework Adjustment 68/ 

Acceptable Biological Catches (ABC) 

Control Rules. They will also continue 

development of the Atlantic Cod 

Transition Plan as well as possibly 

recommend 2024 priorities to the 

Council. The Committee will discuss 

other business if necessary. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69159 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Cate 

O’Keefe, Executive Director, at (978) 

465–0492, at least 5 days prior to the 

meeting date. 

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

Dated: September 29, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22123 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD419] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys in the Area of 

Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf Lease Areas OCS–A 0486, 0487, 

and 0500 

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 an incidental 

harassment authorization (IHA) to 

Orsted Wind Power North America LLC 

(Orsted) for the renewal of their 2022 

incidental harassment authorization 

(IHA) (hereinafter, the 2022 IHA is 

referred to as the ‘‘initial IHA’’ and the 

2023 IHA is referred to as the ‘‘Renewal 

IHA’’) to take marine mammals 

incidental to marine site 

characterization surveys, using highresolution geophysical (HRG) 

equipment, in coastal waters from New 

York to Massachusetts, including the 

Bureau of Ocean Energy Management 

(BOEM) Commercial Lease of 

Submerged Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (OCS) Lease Areas OCS–A 0486, 

0487, 0500 and along potential export 

cable routes (ECR). 

DATES: This Renewal IHA is valid 

October 6, 2023 to October 5, 2024. 

ADDRESSES: Electronic copies of the 

original application, Renewal IHA 

request, and supporting documents 

(including NMFS Federal Register 

notices of the original proposed and 

final authorizations, and the initial 

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-takeauthorizations-under-marine-mammalprotection-act. In case of problems 

accessing these documents, please call 

the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Karolyn Lock, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(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 promulgated 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). 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’’). NMFS must 

also prescribe requirements pertaining 

to monitoring and reporting of such 

takings. The definitions of key terms 

such as ‘‘take,’’ ‘‘harassment,’’ and 

‘‘negligible impact’’ can be found in the 

MMPA and NMFS implementing 

regulations (see 16 U.S.C. 1362; 50 CFR 

216.3; 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 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a 1-time 

1-year renewal of an 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 of the initial IHA effective date 

(recognizing that the renewal’s 

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 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); 

and 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES1