Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15383 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB844] 

Pacific Island Fisheries; Experimental 

Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: NMFS is issuing an 

experimental fishing permit (EFP) to the 

Hawaii Longline Association (HLA) to 

evaluate the risk of seabird interactions 

in the Hawaii shallow-set longline 

fishery when setting fishing gear one 

hour before and one hour after local 

sunset and using tori lines instead of 

required blue-dyed bait and strategic 

offal discharge as seabird mitigation 

measures. The intent of the EFP is to 

conduct a preliminary evaluation of 

potential alternative effective methods 

of discouraging seabird interactions 

while providing operational flexibility 

during setting in the shallow-set 

longline fishery. 

DATES: The EFP is authorized from 

March 24, 2022, through September 24, 

2023. 

ADDRESSES: Copies of the EFP, HLA’s 

application, and supporting documents 

are available at https://

www.regulations.gov/docket/NOAANMFS-2021-0128. 

FOR FURTHER INFORMATION CONTACT: 

Heather Cronin, Sustainable Fisheries, 

NMFS Pacific Islands Regional Office, 

tel (808) 725–5179. 

SUPPLEMENTARY INFORMATION: NMFS is 

issuing an EFP to the HLA under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Fishery Ecosystem Plan for 

Pelagic Fisheries of the Western Pacific, 

and regulations at 50 CFR 665.17. Under 

the EFP, HLA will conduct a pilot test 

of tori lines (bird scaring streamers) as 

replacement seabird mitigation 

measures to discourage seabird 

interactions during setting in the Hawaii 

shallow-set longline fishery. The 

purpose of the experiment is to test new 

ways to mitigate seabird interactions 

that also increase operational flexibility 

during setting. HLA will use one vessel 

to test tori lines as an alternate seabird 

mitigation measure to currently required 

blue-dyed bait, strategic offal discharge, 

and night setting measures (50 CFR 

665.815(a)(2) & (4)). 

On December 15, 2021, NMFS 

published a notice of HLA’s EFP 

application and request for public 

comments (86 FR 71234). NMFS 

received comments from 2 individuals 

and considered those comments before 

making a final decision to issue the EFP. 

One commenter expressed support for 

any strategy or technology that reduces 

interactions with seabirds. The other 

expressed opposition to the EFP stating, 

‘‘it will wipe out stocks and jeopardize 

the [sic] continued existence of these 

stocks . . . .’’ NMFS expects that 

fishing under the EFP will have similar 

environmental impacts on seabirds as 

well as target fish species, non-target 

fish species, and non-seabird protected 

species as conventional shallow-set 

longline fishing. The project is limited 

in scale (only 3 vessels, setting a 

combined total of 80 sets with no more 

than one vessel operating at any given 

time), proposes a minor change in 

fishing operations that does not have the 

potential to change the overall effects of 

the fishery, and will be effective for no 

longer than 18 months. All other 

requirements would continue, including 

seabird mitigation measures such as 

strategic offal discharge during hauling 

and safe handling practices. 

In addition, gear configurations and 

operations under the EFP would be 

compliant with international seabird 

mitigation requirements under the 

Western and Central Pacific Fisheries 

Commission and the Inter-American 

Tropical Tuna Commission. More 

information about the EFP may be found 

in the December 15, 2021 notice, and in 

HLA’s EFP application (see ADDRESSES). 

The EFP is effective March 24, 2022, 

through September 24, 2023, unless 

revoked, suspended, or modified earlier. 

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

Dated: March 15, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–05768 Filed 3–17–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB873] 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability and 

request for comments; announcement of 

public meeting. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) and the U.S. 

Fish and Wildlife Service (FWS) have 

received separate incidental take permit 

(ITP) applications from the Oregon 

Department of Forestry (ODF), 

associated with the Western Oregon 

State Forests habitat conservation plan 

(HCP). The HCP has been submitted 

pursuant to the Endangered Species Act 

of 1973, as amended (ESA). In 

accordance with the National 

Environmental Policy Act of 1969, as 

amended (NEPA), NMFS announces the 

availability of a draft environmental 

impact statement (Draft EIS). NMFS is 

the lead Federal agency under NEPA, 

and FWS is a cooperating agency. The 

Draft EIS analyzes the potential effects 

of issuance of the ITPs and approval of 

the HCP. If granted, the ITPs would 

authorize incidental take of the covered 

species resulting from the covered 

activities (see SUPPLEMENTARY

INFORMATION), as well as take resulting 

from activities carried out as part of the 

HCP’s conservation strategy. 

DATES: Written comments must be 

received by May 17, 2022. Any 

comments received after the closing 

date may not be considered in the final 

decision on these actions. NMFS will 

host a virtual public meeting on April 

6, 2022, from 1 to 3 p.m. Pacific Time. 

Oral comments will be accepted at the 

public meeting with advance 

registration. 

ADDRESSES: You may submit comments 

in two ways: 

Written Comments: Written comments 

on the Draft EIS and HCP submitted 

with the ITP applications will be 

accepted via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and enter NOAA– 

NMFS–2021–0019 in the Search Box. 

Follow instructions for submitting 

comments on Docket NOAA–NMFS– 

2021–0019. Please specify in your 

comments whether the comments 

provided pertain to the Draft EIS or the 

HCP. When commenting, please refer to 

the specific section and/or page number 

in the subject of your comment. 

Instructions: Written comments to any 

other address or individual, or received 

after the end of the comment period, 

may not be considered by NMFS. All 

comments received are part of the 

public record and will generally be 

posted for public viewing on https://

www.regulations.gov. All personal 

identifying information (e.g., name, 

address), confidential business 

information, or otherwise sensitive 

information submitted voluntarily by 

the sender will be publicly accessible. 

NMFS will accept anonymous 


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15384 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 

comments (enter ‘‘N/A’’ in the required 

fields if you wish to remain 

anonymous). 

Oral Comments during the Public 

Meeting: NMFS will host a virtual 

public meeting on April 6, 2022, from 

1 to 3 p.m. Pacific Time. NMFS will 

begin the public meeting by presenting 

information about the project and the 

process, and will accept oral comments 

during the remainder of the meeting. 

Oral comments received during the 

public meeting will be recorded, and the 

transcript uploaded to https://

www.regulations.gov. The link to the 

virtual meeting and instructions for 

registering to provide oral comments are 

posted at https://www.fisheries.noaa 

.gov/action/western-oregon-state-forestshabitat-conservation-plan. Persons 

needing reasonable accommodations to 

participate in the public meetings 

should contact Michelle McMullin by 

telephone at (541) 957–3378 or by email 

at michelle.mcmullin@noaa.gov as soon 

as possible. To allow sufficient time for 

processing requests, please submit 

reasonable accommodation requests no 

later than one week before the public 

meeting. Information regarding this 

proposed action is available in 

alternative formats upon request. 

Obtaining Documents for Review: The 

Draft EIS and HCP are available for 

review online at https://

www.fisheries.noaa.gov/action/westernoregon-state-forests-habitatconservation-plan and are also available 

on https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michelle McMullin, NMFS, 541–957– 

3378, Michelle.Mcmullin@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This 

Notice 

Species covered by NMFS: 

• Coho salmon (Oncorhynchus kisutch): 

Threatened Oregon Coast 

Evolutionarily Significant Unit (ESU), 

Threatened Southern Oregon/ 

Northern California Coast ESU, 

Threatened Lower Columbia River 

ESU 

• Chinook salmon (Oncorhynchus 

tshawytscha): Threatened Upper 

Willamette River ESU, Threatened 

Lower Columbia River ESU 

• Chum salmon (Oncorhynchus keta): 

Threatened Columbia River ESU 

• Steelhead (Oncorhynchus mykiss): 

Threatened Upper Willamette River 

Distinct Population Segment (DPS) 

• Eulachon (Thaleichthys pacificus): 

Threatened Southern DPS. 

Species covered by FWS: 

• Northern spotted owl (Strix 

occidentalis): Threatened 

• Marbled murrelet (Brachyramphus 

marmoratus): Threatened 

• Coastal marten (Martes caurina): 

Threatened Coastal DPS. 

Non-ESA-Listed Species Included in the 

HCP 

• Oregon Coast spring Chinook 

(Oncorhynchus tshawytscha) 

• Southern Oregon/Northern California 

Coast spring Chinook (Oncorhynchus 

tshawytscha) 

• Oregon slender salamander 

(Batrachoseps wrighti) 

• Columbia torrent salamander 

(Rhyacotriton kezeri) 

• Cascade torrent salamander 

(Rhyacotriton cascadae) 

• Red tree vole (Arborimus 

longicaudus). 

Background 

Section 9 of the ESA and Federal 

regulations prohibit the taking of a 

species listed as endangered or 

threatened. The ESA defines ‘‘take’’ to 

mean to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect, or to attempt to engage in any 

such conduct. NMFS and FWS may 

issue permits, under limited 

circumstances, to take listed species 

incidental to, and not the purpose of, 

otherwise lawful activities. Section 

10(a)(1)(B) of the ESA and 

implementing regulations (50 CFR 

222.307 for NMFS and 50 CFR 17.22(b) 

and 17.32(b) for FWS) provide for 

authorizing incidental take of listed 

species. 

NMFS and FWS received separate ITP 

applications from ODF on February 9, 

2022, pursuant to the ESA, as amended 

(ESA; 16 U.S.C. 1531 et seq.). ODF 

prepared the HCP in support of both ITP 

applications and is seeking 

authorization from NMFS and FWS 

(together, the Services) for incidental 

take of the species described above. 

The ITPs, if issued, would authorize 

take of the covered species that may 

occur incidental to ODF’s forest and 

recreation management activities (the 

covered activities). These activities 

include timber harvest; reforestation 

and young stand management; road 

system management activities; 

construction and maintenance of 

quarries, borrow sites, and stockpile 

sites; fire management; recreation 

infrastructure construction and 

maintenance; and implementation of the 

HCP’s conservation strategy. A nonlisted species that may become listed 

during the term of the proposed permit 

can be included in an HCP and ITP; take 

coverage would become effective if and 

when the species is listed. 

The HCP specifies the impacts that 

will likely result from the taking of 

covered species and describes the steps 

that ODF will take to minimize and 

mitigate such impacts. The HCP also 

describes the covered species’ life 

history and ecology, as well as 

biological goals and objectives of the 

HCP, adaptive management, monitoring, 

and funding assurances. 

The proposed issuance of the ITP is 

considered a Federal action under 

NEPA, and NMFS determined that 

preparation of an EIS to analyze the 

potential impacts on the human 

(biological, physical, social, and 

economic) environment caused by the 

implementation of the HCP was 

appropriate. The Draft EIS was prepared 

by NMFS in accordance with the 

requirements of NEPA (42 U.S.C. 4321 

et seq.), with input from FWS as a 

cooperating agency. NMFS analyzed 

five alternatives in detail in the Draft 

EIS, including the issuance of the ITPs 

and implementation of the HCP, a no 

action alternative, and three action 

alternatives. All alternatives include the 

forest and recreation management 

activities listed above. The HCP 

includes a conservation strategy that 

ODF would implement to achieve the 

biological goals and objectives for the 

covered species and to avoid, minimize, 

and mitigate impacts of take on listed 

species. Under the no action alternative, 

current management practices would 

continue to guide the management of 

ODF lands, and ODF would continue to 

conduct these activities in the absence 

of the HCP. The action alternatives 

include Alternative 3, which modifies 

the proposed action’s conservation 

strategy to increase conservation, 

Alternative 4, which has a shorter 

permit term than the proposed action, 

and Alternative 5, which modifies the 

proposed action’s conservation strategy 

to increase timber harvest. 

The Services are seeking public input 

on the NEPA analysis in the Draft EIS, 

including the associated impacts of any 

reasonable alternatives, as well as 

comments on the HCP submitted with 

the ITP applications. We specifically 

request information on the following: 

1. Biological information, analysis, 

and relevant data concerning the 

covered species, other wildlife, and 

ecosystems. 

2. Potential effects that the proposed 

permit actions could have on the 

covered species, and other endangered 

or threatened species, and their habitats, 

including the interaction of the effects 

of the project with climate change and 

other stressors. 


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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15385 

3. Adequacy of the proposed actions 

to minimize and mitigate the impact of 

the taking on covered species. 

4. Potential effects that the proposed 

permit actions could have on other 

aspects of the human environment, 

including effects on plants and animals; 

water resources; and aesthetic, historic, 

cultural, economic, social, 

environmental justice, climate change, 

or health. 

5. The alternatives, information, and 

analyses submitted during the public 

scoping period. 

6. The alternatives analysis, including 

the range of alternatives analyzed and 

the alternatives considered but not 

analyzed in detail. 

7. Relevant reasonably foreseeable 

environmental trends and planned 

actions and their possible impacts on 

the affected environment, including the 

covered species, as well as any closely 

related connected actions. 

8. Other information relevant to the 

HCP and its impacts on the human 

environment. 

The Services will each make their 

permit decisions based on the statutory 

and regulatory criteria of the ESA. Their 

decisions will also be informed by the 

data, analyses, and findings in the EIS 

and public comments received on the 

Draft EIS and HCP. The Services will 

each document their determinations 

independently in an ESA section 10 

findings document, ESA Section 7 

biological opinion, and NEPA Record of 

Decision developed at the conclusion of 

the ESA and NEPA compliance 

processes. If the Services find that all 

requirements for issuance of the ITPs 

are met, they will issue the requested 

permits, subject to terms and conditions 

deemed necessary or appropriate to 

carry out the purposes of ESA section 

10. 

Additional Information: NMFS, as the 

lead Federal agency, has chosen to use 

the NEPA substitution process to fulfill 

obligations under the National Historic 

Preservation Act of 1966, as amended 

(NHPA). While obligations under NHPA 

and NEPA are independent, the 

regulations implementing NHPA allow 

for the use of NEPA review to substitute 

for various aspects of the NHPA section 

106 (16 U.S.C. 470f) review to improve 

efficiency, promote transparency and 

accountability, and support a broadened 

discussion of potential effects that a 

project may have on the human 

environment (36 CFR 800.3 through 

800.6). During preparation of the EIS, 

NMFS will ensure that the NEPA 

substitution process will meet any 

NHPA obligations. 

Authority: Section 10(c) of the ESA 

and its implementing regulations (50 

CFR 222.307, 50 CFR 17.22, and 50 CFR 

17.32) and NEPA and its implementing 

regulations (40 CFR 1503.1 and 40 CFR 

1506.6). 

Dated: March 14, 2022. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2022–05714 Filed 3–17–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB767] 

Notice of Availability of the Deepwater 

Horizon Oil Spill Louisiana Trustee 

Implementation Group Draft 

Restoration Plan/Environmental 

Assessment #8: Wetlands, Coastal, 

and Nearshore Habitats 

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 

Louisiana Trustee Implementation 

Group (Louisiana TIG) have prepared a 

Draft Restoration Plan/Environmental 

Assessment #8: Wetlands, Coastal, and 

Nearshore Habitats (RP/EA #8). The 

Draft RP/EA #8 describes and proposes 

restoration project alternatives 

considered by the Louisiana TIG to 

partially restore natural resources and 

ecological services injured or lost as a 

result of the DWH oil spill. The 

Louisiana TIG evaluated these 

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 Draft 

RP/EA #8 and to seek public comments 

on the document. 

DATES: The Louisiana TIG will consider 

public comments received on or before 

April 18, 2022. 

Virtual Public Meeting: Due to 

continuing Covid–19 limitations on 

gatherings of groups, the Louisiana TIG 

will conduct a public webinar to 

facilitate public review and comment on 

Tuesday, April 5, 2022 at 12:00 p.m. 

Central. The public may register for the 

webinar at: https://

attendee.gotowebinar.com/register/ 

4964211858097860364. After 

registering, participants will receive a 

confirmation email with instructions for 

joining the public webinar. The webinar 

will include a presentation of the Draft 

RP/EA #8 and opportunity for public 

comment. The presentation slides will 

be posted on the web shortly after the 

public meeting is completed. Comments 

will also be taken through submission 

online or through U.S. mail (see 

Submitting Comments below). 

ADDRESSES:

Obtaining Documents: You may 

access the Draft RP/EA #8 from the 

‘‘News’’ section of the Louisiana TIG 

website at: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana. 

Alternatively, you may request a CD of 

the Draft RP/EA #8 (see FOR FURTHER

INFORMATION CONTACT below). 

Submitting Comments: You may 

submit comments on the Draft RP/EA #8 

by one of the following methods: 

• Via the Web: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana; 

• 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; or 

• During the public webinar: 

Comments may be provided during the 

webinar. Webinar information is 

provided above 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: Mel 

Landry, NOAA Restoration Center, 310– 

427–8711, gulfspill.restoration@

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 


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