72046 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 

the return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing the 

results in accordance with sections 

751(c), 752(c), and 771(i)(1) of the Act 

and 19 CFR 351.218. 

Dated: October 10, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary

II. Background

III. Scope of the Orders

IV. History of the Orders

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or

Recurrence of Dumping

2. Magnitude of the Margins of Dumping

Likely to Prevail

VII. Final Results of Expedited Sunset

Reviews

VIII. Recommendation

[FR Doc. 2023–22881 Filed 10–18–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD381] 

Identifying Aquaculture Opportunity 

Areas in Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for information. 

SUMMARY: NOAA is beginning the 

process to identify Aquaculture 

Opportunity Areas (AOAs) in Alaska 

state waters to help sustainably advance 

invertebrate (e.g., shellfish, sea 

cucumber) and seaweed (e.g., 

macroalgae, kelp) aquaculture, in 

partnership with the State of Alaska. 

NOAA requests data, comments, views, 

information, analysis, or suggestions 

from the public to support the 

identification of AOAs in Alaska state 

waters, including siting parameters that 

can be used to select potential study 

areas for further analysis. Please 

respond to the questions listed in the 

SUPPLEMENTARY INFORMATION section, as 

appropriate. 

DATES: Written comments must be 

received on or before December 18, 

2023. 

Two webinar-based listening sessions 

are scheduled for Alaska. 

1. November 14, 2023, 9 a.m. to 11

a.m. (AKST) Alaska.

2. November 15, 2023, 2 p.m. to 4

p.m. (AKST) Alaska.

ADDRESSES: You may submit comments

on this document, identified by NOAA–

NMFS–2023–0113, by any of the

following methods:

• Electronic Submission: Submit all

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0113 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written information to

Jon Kurland, Regional Administrator for 

Alaska Region NMFS, Attn: Records 

Office. Mail comments to P.O. Box 

21668, Juneau, AK 99802–1668. 

• Webinar links: Links and toll-free

phone numbers for each webinar can be 

found at: https://

www.fisheries.noaa.gov/action/requestinformation-identifying-aquacultureopportunity-areas-alaska. 

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. Responses to this 

request are voluntary. Respondents need 

not reply to all questions. 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). 

Please note that the U.S. Government 

will not pay for any costs that you may 

incur in responding to this Request for 

Information (RFI), or for the use of any 

information contained in the response. 

The documents and information 

submitted in response to this RFI 

become the property of the U.S. 

Government and will not be returned. 

FOR FURTHER INFORMATION CONTACT: 

Alicia Bishop, 907–586–7724, 

nmfs.akr.aoainfo@noaa.gov. 

SUPPLEMENTARY INFORMATION: An AOA 

is a defined geographic area that NOAA 

has evaluated through both spatial 

analysis and a programmatic National 

Environmental Policy Act (NEPA) 

process and determined to be 

environmentally, socially, and 

economically appropriate to support 

multiple commercial aquaculture 

operations. On June 1, 2023, NOAA 

announced the beginning of the process 

to identify AOAs in partnership with 

the State of Alaska in Alaska state 

waters. This is the beginning of a multiyear process in which NOAA and the 

State of Alaska will work to analyze 

locations and identify AOAs in Alaska 

state waters to help sustainably advance 

invertebrate (e.g., shellfish, sea 

cucumber) and seaweed (e.g., 

macroalgae, kelp) aquaculture. NOAA 

will not consider finfish aquaculture 

during identification of AOAs in Alaska 

because it is prohibited by state law. 

NOAA has directives to preserve 

ocean sustainability and facilitate 

domestic aquaculture in the U.S., 

including through the National 

Aquaculture Act of 1980, the NOAA 

Marine Aquaculture Policy, and the 

Executive Order 1321, Promoting 

American Seafood Competitiveness and 

Economic Growth (May 7, 2020). NOAA 

has a variety of proven science-based 

tools and strategies that can support 

these directives and help communities 

thoughtfully consider how and where to 

sustainably develop aquaculture that 

will complement wild-capture fisheries, 

working waterfronts, and our nation’s 

seafood processing and distribution 

infrastructure. 

The areas identified as AOAs will 

have characteristics that are expected to 

be able to support multiple aquaculture 

farm sites of varying types; however, all 

portions of the AOA may not be 

appropriate for aquaculture or for all 

types of aquaculture. Identifying AOAs 

is an opportunity to use the best 

available science, which includes 

Indigenous Knowledge, and supports 

the ‘‘triple bottom line’’ of 

environmental, economic, and social 

sustainability. This approach has been 

refined and utilized widely within 

states and by other countries with 

robust, sustainable aquaculture sectors. 

The Secretary of Commerce will 

identify AOAs in consultation with the 

Secretary of Defense, the Secretary of 

the Interior, the Secretary of 

Agriculture, the Secretary of Homeland 

Security, the Administrator of the 

Environmental Protection Agency, other 

appropriate Federal officials, and 

appropriate Regional Fishery 

Management Councils, and in 

coordination with appropriate State and 

Tribal governments. 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 72047 

NOAA held a 60-day public comment 

period in 2020 (85 FR 67519, October 

23, 2020) to collect input on where in 

the country to focus the science-based, 

inclusive process to identify AOAs. 

During that comment period, NOAA 

received letters of support from 

individuals, industry, Alaska Native 

organizations, state agencies, and the 

state legislature to begin the process in 

Alaska state waters. 

NOAA cannot conduct spatial 

modeling on the scale of the entire coast 

of Alaska, and will narrow down to 

study areas that will be the focus 

moving forward. This will be done 

using a combination of spatial mapping, 

scientific review, public input gathered 

through this RFI, and other relevant 

information. NOAA’s National Centers 

for Coastal Ocean Science will use 

public input and the best available data, 

which includes Indigenous Knowledge, 

to account for key environmental, 

economic, social, and cultural 

considerations to identify areas that may 

support sustainable aquaculture 

development. NOAA will then combine 

those data with input from other State 

and Federal agencies, Fishery 

Management Councils, Marine Fisheries 

Commissions, Alaska Native Tribes and 

organizations, and the general public to 

identify areas that will be considered in 

more depth through the NEPA process. 

Through this notice, NOAA is 

requesting data, comments, views, 

information, analysis, or suggestions 

from the public to support the 

identification of AOAs in Alaska state 

waters, including siting parameters that 

can be used to select potential study 

areas for further analysis. The public 

input provided in response to this 

request for information will inform 

NOAA as it works with Federal, State, 

and Local agencies, appropriate 

Regional Fishery Management Councils, 

and in coordination with appropriate 

Alaska Native Tribes and organizations 

to identify AOAs. Additional 

opportunities for public input will be 

provided during the NEPA process. 

NOAA may use the information 

received through this notice in the 

NEPA process. The information could 

inform the development of potential 

NEPA alternatives, such as different 

locations, different aquaculture types in 

each location (e.g., seaweed in one 

location, shellfish in another location), 

and different configurations of farm 

locations or farming gear. NOAA 

expects to publish a notice of intent 

(NOI) to prepare a programmatic NEPA 

document. Public notices announcing 

the NOI and announcing the availability 

of a draft NEPA document will provide 

future opportunities for public comment 

on the identification of AOAs in Alaska 

state waters. 

AOA identification is a planning 

process, and does not result in areas 

permitted for aquaculture. Future 

aquaculture operations proposed within 

an AOA would be subject to the same 

Federal and State permitting and 

authorization requirements as an 

aquaculture operation proposed 

anywhere else and would be required to 

comply with all applicable Federal and 

State laws and regulations. Site-specific 

environmental surveys may be required 

for the permitting process. Additional 

NEPA analysis beyond that completed 

for identification of AOA(s) may be 

necessary as a part of permitting and 

authorization processes for individual 

operations. 

Additional information on identifying 

AOAs in Alaska, including frequently 

asked questions, is available on NOAA’s 

website at: https://

www.fisheries.noaa.gov/alaska/ 

aquaculture/identifying-aquacultureopportunity-areas-alaska. 

Request for Information 

NOAA requests data, comments, 

views, information, analysis, or 

suggestions from the public to support 

the identification of AOAs in Alaska 

state waters, including siting parameters 

that can be used to select potential 

study areas for further analysis. 

NOAA proposes using the following 

parameters to select study areas in 

Alaska state waters: 

a. State waters within a 25-mile (40- 

kilometer) radius of coastal community 

population centers (based on 2010 

census data) as a proxy for needed 

infrastructure to support aquaculture 

development in Alaska. 

b. State waters that do not regularly 

experience significant sea ice cover 

(based on the 10 year aggregate 

maximum sea ice cover reported by the 

U.S. National Ice Center). 

Figures showing the potential AOA 

study areas that would result from use 

of these parameters can be found on the 

NOAA’s National Centers for Coastal 

Ocean Science Alaska AOA study area 

website: https://coastalscience.

noaa.gov/news/alaska-aquacultureopportunity-areas/. 

These parameters are proposed 

starting points, from which NOAA will 

select study areas using a combination 

of spatial mapping approaches, 

scientific review, public input, 

Indigenous Knowledge, and any other 

relevant information. 

Specifically, NOAA is soliciting 

information and feedback on: 

1. Are the preliminary parameters 

(noted above) useful? Are there other 

parameters NOAA should consider in 

identifying initial study areas for the 

aquaculture siting analysis? Are there 

other distances from population centers/ 

local infrastructure that should be 

considered, and why? 

2. Are there size limitations NOAA 

should consider for AOAs in Alaska? 

How many farms should fit within an 

AOA? Should the size of AOAs be 

aligned with state economic 

development goals for shellfish and 

seaweed aquaculture? 

3. Are there specific locations within 

Alaska state waters that should be 

considered or avoided for AOAs? Please 

be as specific as possible and include 

latitude and longitude or defining 

landmarks. Please indicate why such 

areas should be considered or avoided, 

for example, favorable biological 

parameters, water quality (e.g., nutrients 

or other constituents that might make an 

area favorable), proximity to 

infrastructure (e.g., ports, testing or 

processing facilities, or hatcheries that 

could supply seed for grow-out), 

relationship to other planned initiatives, 

etc. 

4. Are there subsistence harvest 

locations, fishing areas, and other 

traditionally and culturally important 

locations or sacred sites that should be 

avoided? Is there available spatial data 

or geographic information system (GIS) 

layers, or a point of contact for these 

data or information? 

5. Are there specific locations within 

Alaska state waters where the presence 

of aquaculture gear may overlap with 

sensitive habitats or biologically 

important areas for protected species 

(e.g., whales, sea otters, sea lions, etc.)? 

6. Are there specific locations within 

Alaska state waters that should be 

avoided because of concerns about 

harmful algal blooms (HABs) or 

impaired water quality? 

7. Is there ongoing environmental, 

economic, or social science research 

that would assist in the identification of 

AOAs in Alaska state waters? If so, 

please describe in as much detail as is 

available. 

8. Is there information that may not be 

readily available or accessible online 

that would be useful for AOA planning 

processes in Alaska state waters? This 

includes spatial data or GIS layers 

representing subsistence, 

environmental, and socioeconomic 

considerations, or a point of contact for 

these data, for the following categories: 

a. Biophysical/oceanographic (ice 

cover, temperature, ocean acidification 

indices, wave climate, currents, 

bathymetry), 

b. Natural resources (minerals, energy 

resources, fishes and other aquatic 


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72048 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 

organisms, protected species and 

habitats, marine mammals, kelp beds, 

eelgrass beds, biodiversity), 

c. Social, historical, and cultural 

resources (cultural and subsistence 

harvest, community subsistence 

hunting, subsistence fishing, culturally 

important sites to encourage or avoid, 

shipwrecks), 

d. Government boundaries, 

e. Industry (fishing, energy 

production, transportation, 

communication cables), 

f. Military, 

g. Navigation, and 

h. Recreational resources (fishing, 

hunting, etc.). 

9. Are there aquaculture species or 

gear considerations that may result in 

optimized growth in Alaska state 

waters? This might include (but is not 

limited to): species or aquaculture gear 

depth thresholds, water current 

thresholds, temperature thresholds, 

salinity thresholds, etc. Are there any 

species or gear not currently being used 

in Alaska state waters that you would 

like to see in the future? Do they extend 

any of these (or other) thresholds? 

Please be as specific as possible. 

10. Is there any additional 

information NOAA should consider? 

When providing input, please specify: 

• The question number(s) you are 

responding to; and 

• Whether your comments are related 

to specific type(s) of aquaculture 

(macroalgae, invertebrates, or a 

combination of species). 

Responses to this request are 

voluntary. Respondents need not reply 

to all questions. 

Authority: E.O. 13921. 

Dated: October 12, 2023. 

Danielle Blacklock, 

Director, Office of Aquaculture, National 

Marine Fisheries Service, National Oceanic 

and Atmospheric Administration. 

[FR Doc. 2023–23084 Filed 10–18–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD374] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Ocean Wind 

1 Project Offshore of New Jersey 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) as amended, and implementing 

regulations, notification is hereby given 

that a Letter of Authorization (LOA) has 

been issued to Ocean Wind, LLC (Ocean 

Wind), a subsidiary wholly owned by 

Orsted Wind Power North America, LLC 

(Orsted), for the taking of marine 

mammals incidental to the construction 

of the Ocean Wind 1 Project. 

DATES: The LOA is effective from 

October 13, 2023 through October 12, 

2028. 

ADDRESSES: The LOA and supporting 

documentation are available 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 (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Potlock, 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, regulations are promulgated 

(when applicable), and public notice 

and an opportunity for public comment 

are provided. 

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) and 

will not have an unmitigable adverse 

impact on the availability of the species 

or stock(s) for taking for subsistence 

uses (where relevant). If such findings 

are made, NMFS must prescribe the 

permissible methods of taking; ‘‘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 

the species or stocks for taking for 

certain subsistence uses (referred to as 

‘‘mitigation’’); and requirements 

pertaining to the monitoring and 

reporting of such takings. The MMPA 

defines ‘‘take’’ to mean harass, hunt, 

capture, or kill, or attempt to harass, 

hunt, capture, or kill any marine 

mammal (16 U.S.C. 1362(13); 50 CFR 

216.103). Level A harassment is defined 

as any act of pursuit, torment, or 

annoyance which has the potential to 

injure a marine mammal or marine 

mammal stock in the wild (16 U.S.C. 

1362(18); 50 CFR 216.3). Level B 

harassment is defined as any act of 

pursuit, torment, or annoyance which 

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 (16 U.S.C. 

1362(18); 50 CFR 216.3). Section 

101(a)(5)(A) of the MMPA and the 

implementing regulations at 50 CFR part 

216, subpart I authorize NMFS to 

propose and, if appropriate, promulgate 

regulations and issue an associated 

LOA(s). NMFS promulgated regulations 

on September 13, 2023 (88 FR 62898) 

for the taking of marine mammals 

incidental to the construction of the 

Ocean Wind 1 Project offshore of New 

Jersey. The LOA authorizes Ocean Wind 

and those persons it authorizes or funds 

to conduct activities on its behalf to take 

marine mammals incidental to specified 

activities during the construction of the 

Project and requires them to implement 

mitigation, monitoring, and reporting 

requirements. 

Summary of Request 

On September 13, 2023, NMFS 

promulgated a final rule (88 FR 62898) 

responding to a request from Ocean 

Wind for authorization to take marine 

mammals (17 species comprising 18 

stocks) by Level B harassment (all 18 

stocks) and by Level A harassment (10 

stocks) incidental to construction 

activities occurring in Federal and State 

waters off of New Jersey, specifically 

within and around the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A 0498 (Lease Area) and 

along 2 export cable routes to sea-toshore transition points (collectively 

referred to as the ‘‘Project Area’’), over 

the course of 5 years (October 13, 2023 

through October 12, 2028). The 

activities covered under the final rule 

include: the installation of 98 wind 

turbine generators (WTGs) and 3 

offshore substations (OSSs) on monopile 

foundations by impact pile driving; the 

installation and subsequent removal of 

nearshore temporary cofferdams and 

goal posts by vibratory pile driving at 

the cable landfall sites in Ocean County, 

New Jersey and Cape May County, New 

Jersey; high-resolution geophysical 

(HRG) marine site characterization 


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