Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices 10339 

This project would provide 

information on the spatial and temporal 

distribution and abundance of early and 

late stage American lobster larvae and 

their likely zooplankton prey in the Gulf 

of Maine and Georges Bank. This study 

would use one federally permitted 

lobster vessel to conduct sampling with 

a neuston net at a single offshore site 

(Lobster Management Area 3) during 10 

5–10 day fishing trips between May 15, 

2022, and October 15, 2022. The 

participants would record physical 

parameters and conduct three 15-minute 

tows on a single day during each trip. 

After each tow, participants would 

preserve zooplankton in 500 mL sample 

bottles, a total of up to 30 bottles of 

preserved plankton, and transfer the 

samples to the project researchers. The 

crew has been trained to operate the 

scientific gear and obtain the samples 

without a technician on board. 

The Atlantic Offshore Lobstermen’s 

Association received an EFP for this 

project in 2021, but the crew was only 

able to sample on 4 of the 14 proposed 

dates in 2021. This EFP would allow the 

project team to complete the work and 

meet the project objectives. 

Participants would land and sell legal 

catch caught in standard gear during the 

trips. 

If approved, the applicant may 

request minor modifications and 

extensions to the EFP throughout the 

year. EFP modifications and extensions 

may be granted without further notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and have minimal impacts that do not 

change the scope or impact of the 

initially approved EFP request. Any 

fishing activity conducted outside the 

scope of the exempted fishing activity 

would be prohibited. 

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

Dated: February 18, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–03905 Filed 2–23–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB804] 

Notice of Availability of the Deepwater 

Horizon Oil Spill Alabama Trustee 

Implementation Group Draft Swift Tract 

Living Shoreline Supplemental 

Environmental Assessment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: In accordance with the Oil 

Pollution Act of 1990 (OPA), the 

National Environmental Policy Act 

(NEPA), and a Consent Decree with BP 

Exploration & Production Inc. (BP), the 

Deepwater Horizon (DWH) Federal 

natural resource trustee agencies for the 

Alabama Trustee Implementation Group 

(Alabama TIG) have prepared a Draft 

Swift Tract Living Shoreline 

Supplemental Environmental 

Assessment (Draft Supplemental EA). 

This Draft Supplemental EA evaluates 

the proposed removal of rocks from the 

bay bottom near the Swift Tract project 

action area and the placement of the 

removed rocks on a nearby breakwater. 

The proposed action falls within the 

general scope of the purpose and need 

for the original project, Swift Tract 

Living Shoreline, identified in the 

Deepwater Horizon Oil Spill 

Programmatic and Phase III Early 

Restoration Plan and Early Restoration 

Programmatic Environmental Impact 

Statement (Phase III ERP/PEIS) and is 

consistent with the Deepwater Horizon 

Oil Spill Final Programmatic Damage 

Assessment and Restoration Plan and 

Final Programmatic Environmental 

Impact Statement (PDARP/PEIS), as it 

focuses on the restoration of injuries to 

Alabama’s natural resources and 

services—in particular to Restoration 

Type: ‘‘Wetlands, Coastal, and 

Nearshore Habitats,’’ using funds made 

available in early restoration and 

through the DWH Consent Decree (see 

Final PDARP/PEIS [DWH Trustees 2016: 

Chapter 10]). The Alabama TIG 

evaluated the environmental 

consequences of the alternatives in 

accordance with NEPA. The purpose of 

this notice is to inform the public of the 

availability of the Draft Supplemental 

EA and to seek public comments on the 

document. 

DATES: The Alabama TIG will consider 

public comments received on or before 

March 28, 2022. 

ADDRESSES: Obtaining Documents: You 

may access the Draft Supplemental EA 

from the ‘‘News’’ section of the Alabama 

TIG website at: http://www.gulfspill

restoration.noaa.gov/restoration-areas/ 

alabama. Alternatively, you may 

request a CD of the Draft Supplemental 

EA (see FOR FURTHER INFORMATION

CONTACT below). 

Submitting Comments: You may 

submit comments on the Draft 

Supplemental EA by one of the 

following methods: 

• Via the Web: http://www.gulfspill

restoration.noaa.gov/restoration-areas/ 

alabama; 

• Via U.S. Mail: U.S. Fish and 

Wildlife Service, P.O. Box 29649, 

Atlanta, GA 30345. Please note that 

mailed comments must be postmarked 

on or before the comment deadline 

given in DATES. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

FOR FURTHER INFORMATION CONTACT: 

Stella Wilson, NOAA Restoration 

Center, 850–332–4169, estelle.wilson@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

On April 20, 2010, the mobile 

offshore drilling unit Deepwater 

Horizon, which was being used to drill 

a well for BP Exploration and 

Production, Inc. (BP), in the Macondo 

prospect (Mississippi Canyon 252– 

MC252), experienced a significant 

explosion, fire, and subsequent sinking 

in the Gulf of Mexico, resulting in an 

unprecedented volume of oil and other 

discharges from the rig and from the 

wellhead on the seabed. The DWH oil 

spill is the largest off shore oil spill in 

U.S. history, discharging millions of 

barrels of oil over a period of 87 days. 

In addition, well over one million 

gallons of dispersants were applied to 

the waters of the spill area in an attempt 

to disperse the spilled oil. An 

undetermined amount of natural gas 

was also released into the environment 

as a result of the spill. 

The DWH Federal and State natural 

resource trustees (DWH Trustees) 

conducted the natural resource damage 

assessment for the DWH oil spill under 

OPA (OPA; 33 U.S.C. 2701 et seq.). 


jspears on DSK121TN23PROD with NOTICES1
10340 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices 

Pursuant to OPA, Federal and State 

agencies act as trustees on behalf of the 

public to assess natural resource injuries 

and losses and to determine the actions 

required to compensate the public for 

those injuries and losses. OPA further 

instructs the designated trustees to 

develop and implement a plan for the 

restoration, rehabilitation, replacement, 

or acquisition of the equivalent of the 

injured natural resources under their 

trusteeship, including the loss of use 

and services from those resources from 

the time of injury until the time of 

restoration to baseline (the resource 

quality and conditions that would exist 

if the spill had not occurred) is 

complete. 

The DWH Trustees are: 

• U.S. Department of the Interior 

(DOI), as represented by the National 

Park Service, U.S. Fish and Wildlife 

Service, and Bureau of Land 

Management; 

• National Oceanic and Atmospheric 

Administration (NOAA), on behalf of 

the U.S. Department of Commerce; 

• U.S. Department of Agriculture 

(USDA); 

• U.S. Environmental Protection 

Agency (EPA); 

• State of Louisiana Coastal 

Protection and Restoration Authority, 

Oil Spill Coordinator’s Office, 

Department of Environmental Quality, 

Department of Wildlife and Fisheries, 

and Department of Natural Resources; 

• State of Mississippi Department of 

Environmental Quality; 

• State of Alabama Department of 

Conservation and Natural Resources and 

Geological Survey of Alabama; 

• State of Florida Department of 

Environmental Protection and Fish and 

Wildlife Conservation Commission; and 

• State of Texas: Texas Parks and 

Wildlife Department, Texas General 

Land Office, and Texas Commission on 

Environmental Quality. 

The Trustees reached and finalized a 

settlement of their natural resource 

damage claims with BP in an April 4, 

2016, Consent Decree approved by the 

United States District Court for the 

Eastern District of Louisiana. Pursuant 

to that Consent Decree, restoration 

projects in the Alabama Restoration 

Area are now selected and implemented 

by the Alabama TIG. 

Background 

The Alabama Swift Tract Living 

Shoreline project (hereafter ‘‘the 

project’’) was selected in the Final 

Programmatic and Phase III Early 

Restoration Plan and Early Restoration 

Programmatic Environmental Impact 

Statement (Phase III ERP/PEIS). NOAA 

is the lead implementing Trustee for the 

project. The original Swift Tract project 

is located in the eastern portion of Bon 

Secour Bay (part of Mobile Bay) 

approximately 6 miles northwest of Gulf 

Shores in Baldwin County, Alabama. 

Construction was completed in 

February 2017 and 7 years of postconstruction performance monitoring is 

ongoing. The project created 

approximately 1.75 miles (2.8 

kilometers) of breakwaters in Bon 

Secour Bay to dampen wave energy and 

reduce shoreline erosion, while also 

providing habitat and increasing benthic 

secondary productivity. The project is 

adjacent to the Weeks Bay National 

Estuarine Research Reserve (NERR) and 

within the NERR buffer area. 

Following construction completion, 

NOAA project team members were 

notified that there may be rocks located 

in Bon Secour Bay the project site, but 

outside the footprint of the breakwater. 

Thus, in March 2018, NOAA, through 

its contractor, collected sidescan sonar 

acoustic imaging, magnetometer, and 

single beam bathymetry surveys of the 

water bottom adjacent to the 

breakwaters to determine the location of 

any potential rock piles near the 

breakwater construction area. The 

results indicate that there are several 

hard surface contacts, likely rock piles, 

within the survey area. 

Recommendations from a corrective 

action report include either removing 

the material or leaving the material inplace as reef habitat. Both alternatives 

are evaluated in this Draft Supplemental 

EA. 

Overview of the Alabama TIG Draft 

Supplemental EA 

As described in Section III of this 

Draft Supplemental EA (the ‘‘OPA 

Summary’’), the Alabama TIG has 

determined that the proposed corrective 

action does not alter its original 

conclusions for the Swift Tract project 

under OPA and its implementing 

regulations. Thus, the Alabama TIG 

concludes that implementation of the 

corrective action proposed in this 

Supplemental EA does not require 

further OPA evaluation, and this 

Supplemental EA focuses its analysis on 

the potential environmental impacts of 

the proposed corrective action under 

NEPA. 

This Supplemental EA provides 

NEPA analysis for the Swift Tract 

proposed corrective action by 

supplementing the NEPA analysis for 

the Phase III ERP/PEIS. The 

supplemental NEPA analysis provided 

in this Swift Tract Supplemental EA 

augments and incorporates by reference 

the applicable sections (Chapter 11, 

Affected Environment, Environmental 

Consequences for the Swift Tract 

Restoration Project) of the Phase III ERP/ 

PEIS. This supplemental analysis 

considers any additional environmental 

impacts that would result from 

implementation of the corrective action 

that are not described and analyzed in 

the Phase III ERP/PEIS. 

The Draft Supplemental EA evaluates 

the proposed removal of rocks from the 

bay bottom near the Swift Tract project 

action area and the placement of the 

removed rocks on a nearby breakwater. 

The proposed rock removal and 

breakwater placement locations are 

adjacent to, but outside of, the project 

action area identified in the Final Phase 

III ERP/PEIS. Due to the close proximity 

of the new removal and placement areas 

to the existing Swift Tract breakwater, 

the Affected Environment for the 

proposed removal and placement areas 

would be the same as that evaluated for 

the Swift Tract breakwater in the Phase 

III ERP/PEIS. The environmental 

consequences of the proposed corrective 

action are also anticipated to fall 

generally within the scope of the 

environmental consequences evaluated 

for the original project. Therefore, the 

Environmental Consequences reviewed 

in the Swift Tract project evaluation, in 

Chapter 11, Section 11.4 of the Final 

Phase III ERP/PEIS, are reviewed in the 

Supplemental EA to evaluate the likely 

environmental consequences of the 

proposed corrective action and the ‘‘No 

Action’’ alternatives to determine 

whether implementation of the 

proposed corrective action may alter the 

conclusions made in the Final Phase III 

ERP/PEIS. Under the ‘‘No Action’’ 

alternative, the rocks currently located 

on the water bottom would not be 

removed from the water bottom and 

would instead be left in place. 

Next Steps 

The public is encouraged to review 

and comment on the Draft 

Supplemental EA. After the public 

comment period ends, the Alabama TIG 

will consider and address comments 

received before issuing a Final 

Supplemental EA. A summary of 

comments received and the Alabama 

TIG’s responses and any revisions to the 

document, as appropriate, will be 

included in the final document. 

Administrative Record 

The documents comprising the 

Administrative Record for the Draft 

Supplemental EA can be viewed 

electronically at http://www.doi.gov/ 

deepwaterhorizon/adminrecord. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices 10341 

Authority 

The authority of this action is the Oil 

Pollution Act of 1990 (33 U.S.C. 2701 et 

seq.) and its implementing Oil Pollution 

Act Natural Resource Damage 

Assessment regulations found at 15 CFR 

part 990 and the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). 

Dated: February 17, 2022. 

Carrie Diane Robinson, 

Director, Office of Habitat Conservation, 

National Marine Fisheries Service. 

[FR Doc. 2022–03887 Filed 2–23–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB814] 

Marine Mammals; File No. 26375 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that Jay 

Rotella Ph.D., Montana State University, 

310 Lewis Hall, Bozeman, MT 59717, 

has applied in due form for a permit to 

conduct research on Weddell seals 

(Leptonychotes weddellii). 

DATES: Written, telefaxed, or email 

comments must be received on or before 

March 28, 2022. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the ‘‘Features’’ box on 

the Applications and Permits for 

Protected Species (APPS) home page, 

https://apps.nmfs.noaa.gov, and then 

selecting File No. 26375 from the list of 

available applications. These documents 

are also available upon written request 

via email to NMFS.Pr1Comments@

noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 26375 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: Sara 

Young or Carrie Hubard, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.) and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The applicant proposes to evaluate 

how temporal variation in the marine 

environment affects individual lifehistories, immigration, and the 

dynamics of a population of long-lived 

mammal in Antarctica, primarily in 

Erebus Bay. This application requests 

permission to annually capture, tag and 

release up to 1,205 Weddell Seals (820 

pups; 385 adults), to weigh up to 150 

Weddell seal pups 35 days after birth, 

to collect tissue samples from 300 

Weddell seals (150 pups; 150 adults), 

and to approach up to 2,770 Weddell 

seals a maximum of eight times to read 

tags. All samples will be transported via 

the U.S. Antarctic Program through 

Christchurch, New Zealand to 

institutions in the United States where 

they will be archived for various assays 

and studies. A maximum of eight 

crabeater seals (Lobodon 

carcinophagus), and two leopard seals 

(Hydrurga leptonyx) may be 

unintentionally harassed annually. The 

permit would be valid for 5 years. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: February 17, 2022. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2022–03892 Filed 2–23–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB811] 

Notice of Availability of the Deepwater 

Horizon Oil Spill Alabama Trustee 

Implementation Group Weeks Bay 

Land Acquisition (Lloyd Tract) Project: 

Supplemental Restoration Plan and 

Environmental Assessment and 

Finding of No Significant Impact 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability and 

Finding of No Significant Impact. 

SUMMARY: In accordance with the Oil 

Pollution Act of 1990 (OPA), the 

National Environmental Policy Act 

(NEPA), and a Consent Decree with BP 

Exploration & Production Inc. (BP), the 

Deepwater Horizon (DWH) Federal and 

State natural resource trustee agencies 

for the Alabama Trustee Implementation 

Group (Alabama TIG) have prepared a 

‘‘Final Weeks Bay Land Acquisition 

(Lloyd Tract) Project: Supplemental 

Restoration Plan and Environmental 

Assessment (Supplemental RP/EA) and 

Finding of No Significant Impact 

(FONSI)’’. The Supplemental RP/EA 

describes the restoration project 

alternatives considered by the Alabama 

TIG to provide for additional restoration 

benefits for Wetlands, Coastal, and 

Nearshore Habitats (WCNH) in the 

Alabama Restoration Area by replacing 

the Harrod Tract acquisition and 

management project approved in the 

‘‘Deepwater Horizon Oil Spill Alabama 

Trustee Implementation Group Final 

Restoration Plan II and Environmental 

Assessment: Restoration of Wetlands, 

Coastal, and Nearshore Habitats; Habitat 

Projects on Federally Managed Lands; 

Nutrient Reduction (Nonpoint Source); 

Sea Turtles; Marine Mammals; Birds; 

and Oysters (Alabama TIG RP II/EA)’’ 

with the acquisition and management of 

another property (Lloyd Tract) in the 

Weeks Bay watershed. The Alabama TIG 

evaluated its alternatives under criteria 

set forth in the OPA natural resource 

damage assessment (NRDA) regulations, 

and evaluated the environmental 

consequences of the restoration 

alternatives in accordance with NEPA. 

The purpose of this notice is to inform 

the public of the availability of the Final 

Supplemental RP/EA and FONSI. 


jspears on DSK121TN23PROD with NOTICES1