Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 13983 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) ;rsted’s activities will 

not have an unmitigable adverse impact 

on taking for subsistence purposes as no 

relevant subsistence uses of marine 

mammals are implicated by this action, 

and; (5) appropriate monitoring and 

reporting requirements are included. 

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., issuance of 

incidental harassment authorization) 

and alternatives with respect to 

potential impacts on the human 

environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 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 the Renewal IHA qualifies to be 

categorically excluded from further 

NEPA review. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.) requires that each Federal agency 

insure that any action it authorizes, 

funds, or carries out is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

result in the destruction or adverse 

modification of designated critical 

habitat. To ensure ESA compliance for 

the issuance of IHAs, NMFS consults 

internally, in this case with the NMFS 

Greater Atlantic Regional Fisheries 

Office (GARFO), whenever we propose 

to authorize take of endangered or 

threatened species. 

The NMFS Office of Protected 

Resources is authorizing the incidental 

take of four species of marine mammals 

that are listed under the ESA: The North 

Atlantic right, fin, sei and sperm whale. 

We requested initiation of consultation 

under Section 7 of the ESA with NMFS 

GARFO on July 1, 2020, for issuance of 

the initial IHA. Previously, BOEM 

consulted with NMFS GARFO under 

section 7 of the ESA on commercial 

wind lease issuance and site assessment 

activities on the Atlantic Outer 

Continental Shelf in Massachusetts, 

Rhode Island, New York and New Jersey 

Wind Energy Areas. The NMFS GARFO 

issued a Biological Opinion in 2013 

concluding that these activities may 

adversely affect but are not likely to 

jeopardize the continued existence of 

the North Atlantic right, fin, sei and 

sperm whale. Upon request from the 

NMFS Office of Protected Resources, 

NMFS GARFO issued a Letter of 

Concurrence on September 24, 2020 

concluding that the initial IHA issuance 

fell under the scope of the 2013 

Biological Opinion and that the initial 

IHA issuance was not likely to adversely 

affect ESA-listed marine mammal 

species. The proposed Renewal IHA 

provides no new information about the 

effects of the action, nor does it change 

the extent of effects of the action, or any 

other basis to require reinitiation of 

consultation with NMFS GARFO; 

therefore, the consultation and 

determinations for the initial IHA 

remains valid. 

Renewal 

NMFS has issued a Renewal IHA to 

;rsted for the take of marine mammals 

incidental to marine site 

characterization survey activities 

offshore from New York to 

Massachusetts in the areas of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS–A 

0486/0517, OCS–A 0487, and OCS–A 

0500) (Lease Areas) and along potential 

submarine ECRs to landfall locations 

from New York to Massachusetts, 

effective from the date of issuance 

through September 24, 2022. 

Dated: March 7, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–05102 Filed 3–10–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB879] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Fisheries and Ecosystem 

Monitoring and Research Activities 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the California Department of Fish 

and Wildlife (CDFW), on behalf of the 

Interagency Ecological Program (IEP), 

for authorization to take marine 

mammals incidental to conducting 

fisheries and ecosystem monitoring and 

research activities within the San 

Francisco Bay-Delta Estuary, CA, over 

the course of five years. Pursuant to 

regulations implementing the Marine 

Mammal Protection Act (MMPA), NMFS 

is announcing receipt of CDFW’s 

request for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals. NMFS invites the 

public to provide information, 

suggestions, and comments on CDFW’s 

application and request. 

DATES: Comments and information must 

be received no later than April 11, 2022. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service and should be sent to 

ITP.Laws@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments received 

electronically, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities without change. All personal 

identifying information (e.g., name, 

address) voluntarily submitted by the 

commenter may be publicly accessible. 

Do not submit confidential business 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

Electronic copies of CDFW’s 

application and separate monitoring 

plan may be obtained online at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing 

these documents, please call the contact 

listed above. 


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13984 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 

Background 

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 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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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 February 11, 2022, NMFS received 

an adequate and complete application 

from CDFW requesting authorization for 

take of marine mammals incidental to 

IEP monitoring and research activities 

in the San Francisco Bay-Delta Estuary, 

California. The requested regulations 

would be valid for 5 years. The 

proposed action includes the use of 

fishing research gear (e.g., nets, trawls, 

setlines, and fykes) that may result in 

marine mammal interactions resulting 

in Level A harassment, serious injury or 

mortality. Therefore, CDFW requests 

authorization to incidentally take 

marine mammals. 

Specified Activities 

The IEP consists of multiple State and 

Federal agencies operating in the San 

Francisco Bay and Sacramento-San 

Joaquin Delta. The IEP has been 

conducting cooperative ecological 

investigations since the 1970s. IEP 

agencies partner with non-governmental 

organizations that work together to 

develop a better understanding of the 

Bay-Delta estuary’s fish and wildlife, 

water quality, hydrodynamics and 

impacts of human activities on ecology. 

IEP’s key studies specifically address 

the effects of the State Water Project and 

Federal Central Valley Project water 

project operations on the Delta and San 

Francisco Estuary. Many of the surveys 

monitor abundance and distribution of 

fish so to reduce entrainment risk at the 

water project export facilities in the 

south Delta. 

IEP fish monitoring studies include 

use of various gears including midwater, 

otter, and Kodiak trawls (trawls), gill 

and trammel nets, purse seines and 

Lampara nets (nets), setlines and 

longlines (setlines), and hoop and fyke 

traps (fykes) that could result in 

incidental take via entanglement by net 

mesh, entrapment by fyke, or hooking 

by setlines. IEP studies also use a 

variety of other gears, such as backpack 

or boat mounted electrofishers, larval 

fish trawl nets, zooplankton nets, water 

samplers and instrumentation (acoustic 

receivers, water quality sondes, etc.) 

that are not expected to result in take of 

marine mammals. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning CDFW’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by CDFW, if 

appropriate. 

Dated: March 8, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–05225 Filed 3–10–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB870] 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; General 

Provisions for Domestic Fisheries; 

Application for Exempted Fishing 

Permits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Greater Atlantic Region, NMFS, has 

made a preliminary determination that 

an Exempted Fishing Permit application 

contains all of the required information 

and warrants further consideration. The 

Exempted Fishing Permit would allow 

commercial fishing vessels to fish 

outside fishery regulations in support of 

research conducted by the applicant. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act and the Atlantic 

Coastal Fisheries Cooperative 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed Exempted 

Fishing Permits. 

DATES: Comments must be received on 

or before March 28, 2022. 

ADDRESSES: You may submit written 

comments by the following method: 

• Email: nmfs.gar.efp@noaa.gov. 

Include in the subject line ‘‘AOLA Early 

Benthic-Phase Lobster Trap EFP.’’ 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, Laura.Deighan@noaa.gov, 

(978) 281–9184. 

SUPPLEMENTARY INFORMATION: The 

Atlantic Offshore Lobstermen’s 

Association submitted a complete 

application for an Exempted Fishing 

Permit (EFP) to conduct commercial 

fishing activities that the regulations 

would otherwise restrict to pilot test a 

single early benthic-phase (EBP) lobster 

trap, which targets lobsters between 15- 

and 50-millimeter carapace length, to 

determine its feasibility for broader use 

in lobster surveys. This EFP would 

exempt the participating vessel from the 

Federal regulations described in Table 

1. 


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