6144 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

the AK BSAI Pacific cod pot fishery to 

authorize the incidental take of ESAlisted species or stocks during 

commercial fishing operations. If, 

during the three-year authorization, 

there is a significant change in the 

information or conditions used to 

support any of these determinations, 

NMFS will re-evaluate whether to 

amend or modify the authorization, after 

notice and opportunity for public 

comment. 

ESA Section 7 and National 

Environmental Policy Act 

Requirements 

ESA section 7(a)(2) requires federal 

agencies to ensure that actions they 

authorize, fund, or carry out do not 

jeopardize the existence of any species 

listed under the ESA, or destroy or 

adversely modify designated critical 

habitat of any ESA-listed species. The 

effects of the AK BSAI Pacific cod pot 

fishery on ESA-listed marine mammals, 

were analyzed in the ESA section 7 

Biological Opinion for the BSAI 

Groundfish Fishery Management Plan. 

Under section 7 of the ESA, Biological 

Opinions analyze the effects of the 

proposed action on ESA-listed species 

and their critical habitat and, where 

appropriate, exempt anticipated future 

take of ESA-listed species as specified 

in the incidental take statement. Under 

MMPA section 101(a)(5)(E), NMFS 

analyzes previously documented M/SI 

incidental to commercial fisheries 

through the negligible impact 

determination process, and when the 

necessary findings can be made, issues 

a MMPA section 101(a)(5)(E) permit that 

allows for an unspecified amount of 

incidental taking of specific ESA-listed 

marine mammal stocks while engaging 

in commercial fishing operations. Thus, 

the applicable standards and resulting 

analyses under the MMPA and ESA 

differ, and as such, may not always 

align. 

The National Environmental Policy 

Act (NEPA) requires Federal agencies to 

evaluate the impacts of alternatives for 

their actions on the human 

environment. Because the permit would 

not modify any fishery operation and 

the effects of the fishery operations have 

been evaluated in accordance with 

NEPA, no additional NEPA analysis 

beyond that conducted for the 

associated Fishery Management Plan is 

required for the permit. Issuing the 

permit would have no additional impact 

on the human environment or effects on 

threatened or endangered species 

beyond those analyzed in these 

documents. 

Public Comments 

On December 15, 2021, NMFS 

published a notice and request for 

comments in the Federal Register for 

the proposed issuance of a permit under 

MMPA section 101(a)(5)(E) to vessels 

registered in the Category II AK BSAI 

Pacific cod pot fishery (86 FR 71236). 

The public comment period closed on 

December 30, 2021. NMFS received one 

non-substantive comment letter 

opposing the proposed issuance of the 

permit and underlying preliminary 

negligible impact determination. 

References 

Muto, M.M., V.T. Helker, B.J. Delean, N.C. 

Young, J.C. Freed, R.P. Angliss, N.A. 

Friday, P.L. Boveng, J.M. Breiwick, B.M. 

Brost, M.F. Cameron, P.J. Clapham, J.L. 

Crance, S.P. Dahle, M.E. Dahlheim, B.S. 

Fadely, M.C. Ferguson, L.W. Fritz, K.T. 

Goetz, R.C. Hobbs, Y.V. Ivashchenko, 

A.S. Kennedy, J.M. London, S.A. 

Mizroch, R.R. Ream, E.L. Richmond, K.E. 

W. Shelden, K.L. Sweeney, R.G. Towell, 

P.R. Wade, J.M. Waite, and A.N. Zerbini. 

2021. Alaska marine mammal stock 

assessments, 2020. U.S. Department of 

Commerce, NOAA Tech. Memo. NMFS– 

AFSC–421. 398 p. 

National Marine Fisheries Service (NMFS). 

2021. Occurrence of Endangered Species 

Act (ESA) Listed Humpback Whales off 

Alaska. 4 p. Available online: https://

media.fisheries.noaa.gov/2021-12/ 

Guidance-Humpbacks-Alaska.pdf. 

National Marine Fisheries Service (NMFS). 

2020. National Marine Fisheries Service 

Procedure 02–204–02: Criteria for 

Determining Negligible Impact under 

MMPA Section 101(a)(5)(E). 20 p. 

Available online: https://www.fisheries.

noaa.gov/national/laws-and-policies/ 

protected-resources-policy-directives. 

National Marine Fisheries Service (NMFS). 

2019. National Marine Fisheries Service 

Procedure 02–204–03: Reviewing and 

designating stocks and issuing Stock 

Assessment Reports under the Marine 

Mammal Protection Act. 9 p. Available 

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

national/laws-and-policies/protectedresources-policy-directives 

National Marine Fisheries Service (NMFS). 

2016. National Marine Fisheries Service 

Procedure 02–204–01: Guidelines for 

preparing stock assessment reports 

pursuant to the 1994 amendments to the 

Marine Mammal Protection Act. 23 p. 

Available online: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/guidelines-assessing-marinemammal-stocks. 

National Marine Fisheries Service (NMFS). 

2014. National Marine Fisheries Service 

Procedure 02–238–01: Process for 

Distinguishing Serious from Non-Serious 

Injury of Marine Mammals. 42 p. 

Available online: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/marine-mammal-protectionact-policies-guidance-and-regulations 

Wade, P. R. 2021. Estimates of abundance 

and migratory destination for North 

Pacific humpback whales in both 

summer feeding areas and winter mating 

and calving areas. International Whaling 

Commission. SC/68c/IA/03. 32 p. 

https://archive.iwc.int/. 

Dated: January 28, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–02166 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB776] 

Pacific 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 Pacific Fishery 

Management Council’s (Pacific Council) 

Ad Hoc Groundfish Electronic 

Monitoring Policy Advisory Committee 

and Technical Advisory Committee 

(Committees) will hold two webinars, 

which are open to the public. 

DATES: The online meetings will be held 

February 23 and March 30, 2022, from 

9 a.m. to 12 p.m., Pacific Time each day 

or until work for the day is completed. 

ADDRESSES: These meetings will be held 

online. Specific meeting information, 

including directions on how to join the 

meetings and system requirements will 

be provided in the meeting 

announcements on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2412 for technical assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, Staff Officer, Pacific 

Council; telephone: (503) 820–2424. 

SUPPLEMENTARY INFORMATION: The 

purpose of these webinars is to discuss 

continued development of the West 

Coast Electronic Monitoring Program 

(EM Program). The Committees will 

begin scoping EM Program issues and 

conduct a workload planning process to 

identify future meetings and topics at 

the February 23rd webinar. The March 

30th webinar will be a work session to 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6145 

discuss meeting materials and topics 

that will be presented at the April 2022 

Council meeting. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during this 

meeting. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

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

Dated: January 31, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–02288 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB764] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to U.S. Navy 

Construction at Naval Station Newport, 

Rhode Island 

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 

the U.S. Navy (Navy) for the take of 

marine mammals incidental to 

construction activities at Naval Station 

Newport, in Newport, Rhode Island. 

DATES: LOA effective from May 15, 2022 

through May 14, 2027. 

ADDRESSES: The LOA and supporting 

documentation are available online at: 

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

incidental-take-authorization-us-navyconstruction-naval-station-newportrhode-island. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Egger, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce 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, a notice of a proposed 

authorization is provided to the public 

for review. 

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), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) 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 (Level B 

harassment). 

Summary of Request 

On December 15, 2021, we issued a 

final rule upon request from the Navy 

for authorization to take marine 

mammals incidental to construction 

activities (86 FR 71162). The Navy plans 

to conduct construction activities for 

bulkhead replacement and repairs at 

Naval Station Newport. This 

construction will include use of 

vibratory pile driving and removal, and 

impact pile driving. The use of both 

vibratory and impact pile driving is 

expected to produce underwater sound 

at levels that have the potential to result 

in Level A and Level B harassment of 

marine mammals. 

Authorization 

We have issued a LOA to Navy 

authorizing the take of marine mammals 

incidental to construction activities, as 

described above. Take of marine 

mammals will be minimized through 

the implementation of the following 

planned mitigation measures: (1) 

Required monitoring of the construction 

area to detect the presence of marine 

mammals before beginning construction 

activities; (2) shutdown of construction 

activities under certain circumstances to 

avoid injury of marine mammals; and 

(3) soft start for impact pile driving to 

allow marine mammals the opportunity 

to leave the area prior to beginning 

impact pile driving at full power. 

Additionally, the rule includes an 

adaptive management component that 

allows for timely modification of 

mitigation or monitoring measures 

based on new information, when 

appropriate. The Navy will submit 

reports as required. 

Based on these findings and the 

information discussed in the preamble 

to the final rule, the activities described 

under this LOA will have a negligible 

impact on marine mammal stocks and 

will not have an unmitigable adverse 

impact on the availability of the affected 

marine mammal stock for subsistence 

uses. 

Dated: January 28, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–02164 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB768] 

Fisheries of the Gulf of Mexico; 

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 68OA Life 

History Topical Working Group data 


khammond on DSKJM1Z7X2PROD with NOTICES