14442 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 

Snodgrass Slough, the Cosumnes River 

and Laguna Creek in Sacramento 

County, CA prior to a large floodplain 

restoration project. The study would 

benefit affected species by providing 

data on species presence, seasonal water 

conditions and migratory windows that 

will inform the restoration project. 

Juveniles would be collected via 

beach seine and fyke net. Juvenile fish 

would be captured, handled, and 

released. The researchers are not 

proposing to kill any of the listed fish 

being captured, but a small number of 

fish may be killed as an inadvertent 

result of these activities. 

Permit 27337 

The Lower Elwha Klallam Tribe 

(LEKT) is seeking a 5-year permit that 

would allow them to take juvenile HCS 

chum and PS Chinook and PS steelhead 

during the course of research designed 

to determine fish and shellfish presence 

and use in a 28-acre estuarine lagoon at 

the base of Ediz Hook in Port Angeles, 

WA. The study would benefit affected 

species by providing data on species 

presence, and that information, along 

with detailed habitat and water quality 

data, would be used to inform future 

restoration actions in the area. Those 

restoration actions, in turn, would help 

the LEKT people once again conduct 

traditional fishing and shellfishing 

activities in the lagoon. 

The fish would be captured primarily 

by beach seining, but some may be 

captured in fukui and minnow traps. 

Once captured, the fish would simply 

be handled and released. The 

researchers are not proposing to kill any 

of the listed fish being captured, but a 

small number of fish may be killed as 

an inadvertent result of the proposed 

activities. 

Permit 27619 

The Scott River Water Trust is seeking 

a new permit that would authorize them 

to take juvenile and adult SONCC coho 

salmon in the Scott River, CA. The 

purpose of this study is to assess fish 

passage at Youngs Dam to determine 

how and when juvenile and adult 

salmon utilize the fish ladder at Youngs 

Dam. The project seeks to determine an 

ideal flow target through the fish ladder 

in an effort to improve fish passage at 

the dam as well as the fish ladder. The 

study would benefit SONCC coho by 

providing data to identify and inform 

recommendations to improve volitional 

fish passage through Youngs Dam. 

Juveniles would be collected via 

beach seines and observed during 

snorkel surveys. Juvenile coho would be 

captured, handled, and released. A 

subsample of captured juveniles would 

be anesthetized, tissue sampled and 

PIT-tagged prior to release. Adult coho 

would be observed at weirs, fish 

ladders, dam and during snorkel 

surveys. The researchers are not 

proposing to kill any of the listed fish 

being captured, but a small number of 

fish may be killed as an inadvertent 

result of these activities. 

Permit 27869 

The U.S. Fish and Wildlife Service 

(USFWS) is seeking a 5-year permit that 

would allow them to take juvenile HCS 

chum and PS Chinook and PS steelhead 

during the course of research designed 

to determine what effect the hatchery 

barriers have on the distribution of 

migratory sculpin (with considerations 

for how these barriers may also be 

affecting the distributions of strictly 

fluvial sculpin species). The research 

would benefit listed species by 

producing data on how hatchery weirs 

affect salmonid migrations in the areas 

being studied. That data could then be 

used to modify weir operations for the 

benefit of the migrating fish. 

The fish would be largely be collected 

by electrofishing, but seining or 

dipnetting may also be employed. All 

listed fish would be immediately 

released without further handling. 

Sampling would cease and the activity 

would be moved if adult Chinook, 

chum, or steelhead (or their redds) are 

encountered at any time during a 

survey. The researchers are not 

proposing to kill any of the listed fish 

being captured, but a small number of 

fish may be killed as an inadvertent 

result of these activities. 

Permit 27874 

The California Department of Fish 

and Wildlife (CDFW) is seeking a new 

permit that would authorize them to 

take juvenile and adult SDPS green 

sturgeon in the Sacramento and San 

Joaquin Rivers, CA. The purpose of this 

study is to develop an indices of white 

sturgeon abundance for use in species 

management. Though non-listed white 

sturgeon are the target species, green 

sturgeon might be encountered. 

Juvenile and adult SDPS green 

sturgeon would be collected via long 

line and hook and line sampling and 

observed via camera and sonar. Juvenile 

and adult fish would be captured, 

handled, tagged, and released. The 

researchers are not proposing to kill any 

of the listed fish being captured, but a 

small number of fish may be killed as 

an inadvertent result of these activities. 

Permit 28047 

The USFWS is seeking a 5-year permit 

that would allow them to take juvenile 

LCR, UWR, PS, and CC Chinook; CR and 

HCS chum; LCR, PS, UWR, and NC 

steelhead; and LCR, OC, and SONCC 

coho. The fish would be taken during 

efforts to determine the uppermost 

ranges of several species of fish in more 

than 20 subbasins in Western Oregon 

and Washington and Northern 

California. The research would produce 

a large amount of presence/absence data 

on listed fish and thus help managers 

plan and carry out land management 

actions across a broad portion of three 

states. 

The researchers would use backpack 

electrofishing units to capture the fish. 

Once captured, all listed salmonids 

would simply be identified and 

immediately released. In all cases, the 

researchers would be operating near 

what is already considered to be the 

upper limit of trout distribution, so they 

are unlikely to encounter many listed 

fish in any case. Regardless, the 

researchers are not proposing to kill any 

of the listed fish being captured, but a 

small number of fish may be killed as 

an inadvertent result of these activities. 

This notice is provided pursuant to 

section 10(c) of the ESA. NMFS will 

evaluate the applications, associated 

documents, and comments submitted to 

determine whether the applications 

meet the requirements of section 10(a) 

of the ESA and Federal regulations. The 

final permit decisions 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. 

Dated: February 21, 2024. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2024–03986 Filed 2–26–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD740] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Empire 

Wind Project, Offshore of New York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 


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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 14443 

(MMPA) as amended, and implementing 

regulations, notification is hereby given 

that a Letter of Authorization (LOA) has 

been issued to Empire Offshore Wind, 

LLC (Empire Wind) for the taking of 

marine mammals incidental to the 

construction of the Empire Wind Project 

(hereafter known as the ‘‘Project’’). 

DATES: The LOA is effective from 

February 22, 2024 through February 21, 

2029. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Taylor, 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 taking 

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 February 14, 2024 (89 FR 11342) for 

the taking of marine mammals 

incidental to the construction of the 

Empire Wind Project offshore of New 

York. The LOA authorizes Empire 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. 

On February 14, 2024, NMFS 

promulgated a final rule (89 FR 11342) 

responding to a request from Empire 

Wind for authorization to take small 

numbers of marine mammals (17 

species comprising 18 stocks) by Level 

B harassment (all 17 stocks) and by 

Level A harassment (2 of the 17 stocks) 

incidental to construction activities 

occurring in Federal and State waters off 

of New York, 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 0512 (Lease Area) and along 2 

export cable routes to sea-to-shore 

transition points (collectively referred to 

as the ‘‘Project Area’’), over the course 

of 5 years (February 22, 2024 through 

February 21, 2029). The activities 

covered under the final rule include the 

installation of 147 wind turbine 

generators (WTGs) on monopile 

foundations and 2 offshore substations 

(OSSs) on jacket foundations using pin 

piles by impact pile driving; nearshore 

cable landfall work comprising of the 

installation and subsequent removal of 

nearshore temporary cofferdams by 

vibratory pile driving or the installation 

and subsequent removal of casing pipes 

supported by goal posts by impact pile 

driving at the sea-to-shore transition 

points located on Long Island and 

Brooklyn, New York; removal of 

berthing piles and installation of marine 

bulkheads inshore of Long Island, New 

York; high-resolution geophysical (HRG) 

marine site characterization surveys 

using active acoustic sources; fishery 

and ecological monitoring surveys; the 

placement of scour protection; the 

installation of the export cable route 

from OSSs to shore-based converter 

stations and inter-array cables between 

turbines by trenching, laying, and burial 

activities; vessel transit within the 

specified geographical region to 

transport crew, supplies, and materials; 

and WTG operation. 

Marine mammals exposed to elevated 

noise levels during foundation pile 

driving, may be taken by Level A 

harassment (limited to fin whales and 

minke whale), and marine mammals 

exposed to elevated noise levels during 

impact and vibratory pile driving during 

cable landfall and marina construction 

activities and/or site characterization 

surveys may be taken by Level B 

harassment. No mortality or serious 

injury of any marine mammal is 

anticipated to occur or has been 

authorized. 

Authorization 

In accordance with the final rule (89 

FR 11342, February 14, 2024, see 50 

CFR 217.286), we have issued a LOA to 

Empire Wind authorizing the take, by 

harassment, of marine mammals 

incidental to specified construction 

activities within the specified 

geographical region. As previously 

stated, no mortality or serious injury of 

any marine mammal species is 

anticipated to occur or has been 

authorized. The incidental takes 

authorized herein are the same as those 

analyzed and authorized in the final 

rule (89 FR 11342, February 14, 2024). 

Takes of marine mammals will be 

minimized through the following 

planned mitigation and monitoring 

measures, as applicable for each 

specified activity: (1) implementation of 

spatio-temporal seasonal/time of day 

work restrictions; (2) use of multiple 

NMFS-approved Protected Species 

Observers (PSOs) to visually observe for 

marine mammals (with any detection 

within specifically designated zones 

triggering a delay or shutdown, as 

applicable); (3) use of NMFS-approved 

passive acoustic monitoring (PAM) 

operators to acoustically detect marine 

mammals, with a focus on detecting 

baleen whales (with any detection 

within designated zones triggering a 

delay or shutdown, as applicable); (4) 

implementation of clearance and 

shutdown zones; (5) use of soft-start 

prior to the start of foundation pile 

driving; (6) use of noise attenuation 

technology during foundation pile 


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14444 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices 

driving; (7) use of situational awareness 

monitoring for marine mammal 

presence; (8) use of sound field 

verification monitoring; (9) use of rampup acoustic sources during HRG 

surveys; (10) implementation of vessel 

separation zones between marine 

mammals and project vessels; (11) use 

of PAM within the vessel transit 

corridor for Project vessels to travel over 

10 knots (11.5 miles per hour); and (12) 

implementation of additional Vessel 

Strike Avoidance measures to reduce 

the risk of a vessel collision with a 

marine mammal. Additionally, NMFS 

may modify the LOA’s mitigation, 

monitoring, or reporting measures, 

based on new information, when 

appropriate (see also 50 CFR 

217.287(c)). Empire Wind is also 

required to submit reports, as specified 

in the final rule. 

Based on the findings and information 

discussed in the preamble of the final 

rule, the take authorized in the LOA 

will have a negligible impact on marine 

mammal stocks, will not have an 

unmitigable adverse impact on the 

availability of the affected marine 

mammal stock for subsistence uses, and 

the mitigation measures provide a 

means of affecting the least practicable 

adverse impact on the affected stocks 

and their habitat. 

Dated: February 21, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–03887 Filed 2–26–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD742] 

Western Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Western Pacific Fishery 

Management Council (Council) will 

hold its 151st Scientific and Statistical 

Committee (SSC), Executive and Budget 

Standing Committee (SC) and its 198th 

Council meeting to take actions on 

fishery management issues in the 

Western Pacific Region. The Council 

will also hold a joint meeting of the 

Advisory Panel (AP), the Fishing 

Industry Advisory Committee (FIAC), 

and the Non-Commercial Fisheries 

Advisory Committee (NCFAC). 

DATES: The meetings will be held 

between March 12 and March 20, 2024. 

For specific times and agendas, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The 151st SSC meeting will 

be held as a hybrid meeting for SSC 

members and the public, with a remote 

participation option available via 

WebEx. In-person attendance will be 

hosted at the Council office, 1164 

Bishop Street, Suite 1400, Honolulu, HI 

96813. 

The Executive and Budget SC meeting 

will be held as a hybrid meeting for 

members and the public, with a remote 

participation option available via 

WebEx. In-person attendance will be 

hosted at the Council office, 1164 

Bishop Street, Suite 1400, Honolulu, HI 

96813. 

The Joint Meeting of the AP, FIAC, 

and NCFAC, and the 198th Council 

Meeting will be held as hybrid meetings 

for the advisory body members, Council 

members and the public, with a remote 

participation option available via 

Webex. In-person attendance will be 

hosted at the Ala Moana Hotel, Hibiscus 

Ballroom, 410 Atkinson Drive, 

Honolulu, HI 96814. 

Specific information on joining the 

meeting, connecting to the web 

conference and providing oral public 

comments will be posted on the Council 

website at www.wpcouncil.org. For 

assistance with the web conference 

connection, contact the Council office at 

(808) 522–8220. 

Council address: Western Pacific 

Fishery Management Council, 1164 

Bishop Street, Suite 1400, Honolulu, HI 

96813. 

FOR FURTHER INFORMATION CONTACT: 

Kitty M. Simonds, Executive Director, 

Western Pacific Fishery Management 

Council; phone: (808) 522–8220. 

SUPPLEMENTARY INFORMATION: The 151st 

SSC meeting will be held between 9 

a.m. and 5 p.m. Hawaii Standard Time 

(HST) on March 12–13, and 9 a.m. and 

1 p.m. on March 14, 2024. The 

Executive and Budget SC meeting will 

be held between 1 p.m. and 5 p.m. HST 

on March 15, 2024. The Joint Meeting of 

the AP, FIAC and NCFAC will be held 

between 4:30 p.m. and 6 p.m. HST on 

March 19, 2024. The 198th Council 

Meeting will be held between 10 a.m. 

and 5:30 p.m. HST on March 18, 2024, 

8:30 a.m. and 4:30 p.m. HST on March 

19, 2024 and 8:30 a.m. and 5 p.m. HST 

on March 20, 2024. Public Comment on 

Non-Agenda Items will be held between 

5:15 p.m. and 5:30 p.m. HST on March 

18, 2024. The Fishers Forum will be 

held between 6 p.m. and 9 p.m. HST on 

March 18, 2024. 

Agenda items noted as ‘‘Final Action’’ 

refer to actions that may result in 

Council transmittal of a proposed 

fishery management plan, proposed 

plan amendment, or proposed 

regulations to the U.S. Secretary of 

Commerce, under Sections 304 or 305 of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). In addition to the agenda items 

listed here, the Council and its advisory 

bodies will hear recommendations from 

Council advisors. An opportunity to 

submit public comment will be 

provided throughout the agendas. The 

order in which agenda items are 

addressed may change and will be 

announced in advance at the Council 

meeting. The meetings will run as late 

as necessary to complete scheduled 

business. 

Background documents for the 198th 

Council meeting will be available at 

www.wpcouncil.org. Written public 

comments on final action items at the 

198th Council meeting should be 

received at the Council office by 5 p.m. 

HST, Thursday, March 14, 2024, and 

should be sent to Kitty M. Simonds, 

Executive Director; Western Pacific 

Fishery Management Council, 1164 

Bishop Street, Suite 1400, Honolulu, HI 

96813, phone: (808) 522–8220 or fax: 

(808) 522–8226; or email: info@

wpcouncil.org. Written public 

comments on all other agenda items 

may be submitted for the record by 

email throughout the duration of the 

meeting. Instructions for providing oral 

public comments during the meeting 

will be posted on the Council website. 

This meeting will be recorded (audio 

only) for the purposes of generating the 

minutes of the meeting. 

Agenda for the 151th SSC Meeting 

Tuesday, March 12, 2024, 9 a.m. to 5 p.m. 

HST 

1. Introductions 

2. Approval of Draft Agenda and Assignment 

of Rapporteurs 

3. Status of the 150th SSC Meeting 

Recommendations 

4. Pacific Islands Fisheries Science Center 

(PIFSC) Director Report 

A. Main Hawaiian Islands (MHI) Deep 7 

Bottomfish Fishery Benchmark Stock 

Assessment 

A.1. Western Pacific Stock Assessment 

Review (WPSAR) Report 

A.2. Stock Assessment 

B. MHI Small Boat Fisheries Project 

Update 

C. Guam Bottomfish Stock Assessment 

Update 

C.1. WPSAR Report 

C.2. Stock Assessment 

D. Guam Bottomfish Data WPSAR Terms of 

Reference 


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