Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35751 

Members of the public are encouraged 

to submit to the Team non-privileged 

data and artifacts that are relevant to the 

subject matter of the NIST investigation 

described in this notice. Such data and 

artifacts may be submitted to the 

address contained in the ADDRESSES

section of this notice. Confidential 

information will only be accepted 

pursuant to an appropriate 

nondisclosure agreement. 

Authority: 15 U.S.C. 7301 et seq., 15 CFR 

part 270. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2021–14392 Filed 7–6–21; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB200] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Elkhorn Slough 

Tidal Marsh Restoration, Phase II in 

Monterey County, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of Renewal 

incidental harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a Renewal 

incidental harassment authorization 

(IHA) to California Department of Fish 

and Wildlife (CDFW) to incidentally 

harass, by Level B harassment only, 

marine mammals incidental to 

construction activities associated with 

the second phase of the Elkhorn Slough 

Tidal Marsh Restoration Project in 

Monterey County, California. 

DATES: This Renewal IHA is valid from 

the date of issuance through May 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: Kim 

Corcoran, Office of Protected Resources, 

NMFS, (301) 427–8401. Electronic 

copies of the original application, 

Renewal request, and supporting 

documents (including NMFS Federal 

Register notices of the original proposed 

and final authorizations, and the 

previous IHA), as well as a list of the 

references cited in this document, may 

be obtained 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 above. 

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 and either regulations are 

proposed or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization is 

provided to the public for review. 

Authorization for incidental takings 

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). Further, NMFS must prescribe 

the permissible methods of taking and 

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 such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

one year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a Renewal for this 

activity, and requested public comment 

on a potential Renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-year Renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical 

or nearly identical, or nearly identical, 

activities as described in the ‘‘Detailed 

Description of Specified Activities’’ 

section of the initial IHA issuance 

notice is planned or (2) the activities as 

described in the ‘‘Detailed Description 

of Specified Activities’’ section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a Renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

initial IHA issuance, provided all of the 

following conditions are met: 

(1) A request for renewal is received 

no later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA). 

(2) The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

(3) Upon review of the request for 

Renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

Renewal. A description of the Renewal 

process may be found on our website at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

History of Request 

On March 13, 2020, NMFS issued an 

IHA to CDFW to take marine mammals 

incidental to construction activities 

associated with the second phase of the 

tidal marsh restoration project in 

Elkhorn Slough, California (85 FR 

14640; March 13, 2020), effective from 

June 1, 2020 through May 31, 2021. On 

May 11, 2021, NMFS received an 

application for the Renewal of that 


khammond on DSKJM1Z7X2PROD with NOTICES
35752 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

initial IHA. As described in the 

application for Renewal, the activities 

for which incidental take is requested 

consist of activities that are covered by 

the initial authorization but will not be 

completed prior to its expiration. As 

required, the applicant also provided a 

preliminary monitoring report (available 

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

action/incidental-take-authorizationtidal-marsh-restoration-project-elkhornslough-phase-ii-2020) which confirms 

that the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. The notice 

of the proposed Renewal incidental 

harassment authorization was published 

on June 8, 2021 (86 FR 30412). 

Description of the Specified Activities 

and Anticipated Impacts 

CDFW is unable to complete all of the 

planned work under the initial 2020 

IHA for Phase II of the Elkhorn Slough 

Tidal Marsh Restoration Project. The 

initial IHA planned to restore 58 acres 

of saltmarsh habitat in two areas, 

Minhoto-Hester Restoration Area 

(subareas M4a–b, M5, and M6) and the 

Seal Bend Restoration Area (S1–S4) 

(Figure 1). To date, the majority of 

earthwork at the Minhoto-Hester 

Restoration Area has been completed, 

including earthwork in subareas M4a–b 

and M5, however outstanding work in 

subareas M5 and M6 was not completed 

before the May 31, 2021 IHA expiration 

date. Therefore, CDFW has requested a 

Renewal IHA to authorize the take of 

marine mammals for a subset of the 

initially planned work that has not been 

completed which will include the 

outstanding work in subareas M5 and 

M6. A separate IHA application will be 

submitted by CDFW for the work at the 

Seal Bend Restoration Area which has 

not been initiated to date, and is 

expected to start later in the year. Of 

note, the work in the Minhoto-Hester 

Restoration Area has taken more days to 

conduct than initially expected, but the 

completion of work in that Area is still 

expected to occur within the total 

number of workdays contemplated in 

the initial IHA. 

Anticipated impacts would include 

only Level B harassment of marine 

mammals (though fewer, since the 

duration of the proposed activity is 

shorter). CDFW’s request is for one stock 

of pinniped by Level B harassment: 

Harbor seal (Phoca vitulina richardii). 

Monitoring results from the 2020 

restoration activities indicate that 

observed exposures above Level B 

harassment thresholds were well below 

the amount authorized in associated 

with the amount of work conducted to 

date (see monitoring report in renewal 

request letter). Thus, the subset of Level 

B harassment take remaining from that 

authorized under the 2020 IHA will be 

sufficient to cover the remaining 2021 

restoration work at the Minhoto-Hester 

Restoration Area. 

Detailed Description of the Activity 

A detailed description of the 

construction activities for which take is 

authorized here may be found in the 

notices of the proposed and final IHAs 

for the initial authorization. This 

Renewal is identical to that of the 2020 

IHA, in that it is comprised of a subset 

of the work that was covered in the 

initial IHA. The location, timing, and 

nature of the activities, including the 

types of equipment planned for use, are 

identical to those described in the 

previous notices. The Renewal would be 

effective until May 31, 2022 and does 

not authorize activities related to 

restoration work in the Seal Bend 

Restoration Area as a subsequent IHA 

application will be submitted by CDFW 

for such activities at a later date. 

The mitigation and monitoring will be 

identical to that of the 2020 IHA. A 

detailed description of the restoration 


khammond on DSKJM1Z7X2PROD with NOTICESEN07JY21.069</GPH>

Figure 1 - Overview of Elkhorn Slough Tidal Marsh Restoration Project 
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35753 

activities for which take is proposed 

may be found in the notices of the 

proposed (84 FR 72308; December 31, 

2019) and the final IHAs (85 FR 14640; 

March 13, 2020) for the 2020 

authorization. All documented 

associated with the 2020 IHA (i.e., the 

IHA application, proposed IHA, final 

IHA, public comments, monitoring 

reports, etc.) can be found on NMFS’s 

website, https://www.fisheries.noaa.gov/ 

action/incidental-take-authorizationtidal-marsh-restoration-project-elkhornslough-phase-ii-2020. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for take is 

authorized here, including information 

on abundance, status, distribution, and 

hearing, may be found in the notices of 

the proposed and final IHAs for the 

initial authorization. NMFS has 

reviewed the monitoring data from the 

initial IHA, recent draft Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

other scientific literature, and 

determined that neither this nor any 

other new information affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the ‘‘Description of the Marine 

Mammals in the Area of Specified 

Activities’’ contained in the supporting 

documents for the initial IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is authorized 

here may be found in the notices of the 

proposed and final IHAs for the initial 

authorization. NMFS has reviewed the 

monitoring data from the initial IHA, 

recent draft Stock Assessment Reports, 

information on relevant Unusual 

Mortality Events, other scientific 

literature, and the public comments, 

and determined that neither this nor any 

other new information affects our initial 

analysis of impacts on marine mammals 

and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

notices of the proposed and final IHAs 

for the initial authorization. 

Specifically, the source levels, days of 

operation, and marine mammal 

occurrence data applicable to this 

authorization remain unchanged from 

the previously issued IHA. Similarly, 

the stocks taken, methods of take, and 

types of take remain unchanged from 

the initial IHA, as do the number of 

takes, which are indicated below in 

Table 1. 

TABLE 1—CALCULATED TAKE AND PERCENTAGE OF STOCK EXPOSED

Species 

Authorized take Percent 

population 4

Level B Level A 

Pacific Harbor Seal .......................... 417 1 max seals/day (9 percent 2) (62 days 3) = 2327 .............................. 0 1.3 

1 Maximum number of seals observed/day between January 2018 and April 2019 by Reserve Otter Monitoring Project. 

2Percent Take from Phase I. 

3 Number of construction days remaining in Minhoto-Hester Restoration Area. 

4 Data from U.S. Pacific Marine Mammal Stock Assessments: 2015 (Carretta et al., 2015). 

All estimates are considered 

conservative. Construction activities 

will occur in sections. Noise from 

construction activities in more southern 

sections may thus cause fewer 

disturbances to seals given their 

distance from seal haul outs 

(approximately 100 m and greater). 

There are unlikely to be 417 animals in 

the project area on any given day. Not 

all seals that previously used the haul 

outs within the footprint of the 

construction are expected use the haul 

outs just outside the project based on 

observations from Phase I of the project. 

Some seals may seek alternative haul 

out habitat in other parts of Elkhorn 

Slough. 

Description of Mitigation, Monitoring 

and Reporting Measures 

The mitigation, monitoring, and 

reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA, and the 

discussion of the least practicable 

adverse impact included in that 

document and in the notice of proposed 

IHA remains accurate. The following 

measures are included in this Renewal: 

Timing Restrictions—All work must 

be conducted during daylight hours 

when visual monitoring of marine 

mammals can be implemented. If 

environmental conditions deteriorate 

such that marine mammals within the 

entire shutdown zone would not be 

visible (e.g., fog, heavy rain), 

construction must be delayed until the 

protected species observer (PSO) is 

confident marine mammals within the 

shutdown zone could be detected. 

Visual Monitoring—Required 

monitoring must be conducted by 

dedicated, trained, NMFS-approved 

PSO(s). PSOs shall establish a Level B 

harassment zone within 300 m of all 

construction activities. When 

construction activities occur either, (1) 

in water or (2); within the boundaries of 

the two tidal restoration areas, MinhotoHester and Seal Bend identified in 

Figure 1, monitoring must occur every 

other day when work is occurring. 

When construction activities occur 

near the ‘‘borrow’’ areas where marsh 

fill material is gathered, monitoring 

must occur every fifth day when work 

is occurring, unless the borrow area is 

more than 300 m from any area where 

marine mammals have been observed. 

Occurrence of marine mammals within 

the Level B harassment zone must be 

communicated to the construction lead 

to prepare for the potential shutdown 

when required. 

Pre-Construction Clearance and 

Ramp-Up—A 30-minute pre-clearance 

observation period must occur prior to 

the start of ramp-up and construction 

activities. CDFW must adhere to the 

following pre-clearance and ramp-up 

requirements: (i) Construction activities 

must not be initiated if any marine 

mammal is within 10 m of planned 

operations. If a marine mammal is 

observed within 10 m of planned 

operations during the 30-minute preclearance period, ramp-up must not 

begin until the animal(s) has been 

observed exiting the zones or until an 

additional time period has elapsed with 

no further sightings (15 minutes for 

small odontocetes and pinnipeds and 30 

minutes for all other species), (ii) The 

construction contractor must begin 

construction activities gradually each 

day (e.g., ramp up by moving around the 

project area and starting equipment 

sequentially). 

Shutdown Requirements—For heavy 

machinery work, if a marine mammal 

comes within 10 m of such operations, 

operations must cease and vessels shall 


khammond on DSKJM1Z7X2PROD with NOTICES
35754 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

reduce speed to the minimum level 

required to maintain steerage and safe 

working conditions. 

Pupping Season—Construction 

activities may not be initiated: (1) 

Within 300 m of a mom/pup pair that 

is hauled out, or (2) within 100 m of a 

mom/pup pair in the water. If there is 

a gap in construction activities of more 

than an hour or if construction moves to 

a different area, this initiation protocol 

must again be implemented. During site 

containment activities that are 

underway, heavy machinery must not 

approach closer than 100 m of where 

mothers and pups are actively hauled 

out. If a pup less than one week old 

(neonate) comes within 20 m of where 

heavy machinery is working, 

construction activities in that area must 

be shutdown or delayed until the pup 

has left the area. In the event that a pup 

less than one week old remains within 

those 20 m, NMFS will be consulted to 

determine the appropriate course of 

action. 

Activities must cease if a marine 

mammal species for which take was not 

authorized, or a species for which 

authorization was granted but the 

authorized number of takes have been 

met, is observed by PSOs approaching 

or within the Level B harassment zone. 

Activities must not resume until the 

animal is confirmed to have left the 

area. 

Construction Activities—A NMFS 

approved PSO must conduct biological 

resources awareness training for 

construction personnel. The awareness 

training will be provided to brief 

construction personnel on identification 

of marine mammals (including 

neonates) and the need to avoid and 

minimize impacts to marine mammals. 

If new construction personnel are added 

to the project, the contractor shall 

ensure that the personnel receive the 

mandatory training before starting work. 

Construction activities must not be 

initiated if any marine mammal is 

within 10 m of planned operations. If a 

marine mammal is observed within 10 

m of planned operations during the 30- 

minute pre-clearance period, ramp-up 

must not begin until the animal(s) has 

been observed exiting the zones or until 

an additional time period has elapsed 

with no further sightings (15 minutes for 

small odontocetes and pinnipeds and 30 

minutes for all other species). 

Furthermore, the PSO will have the 

authority to stop project activities if 

marine mammals approach or enter the 

Level B Harassment Zone and/or at any 

time for the safety of any marine 

mammals. Work will commence only 

with approval of the PSO to ensure that 

no marine mammals are present in the 

Level B Harassment Zone. 

Ramp Up—To reduce the risk of 

potentially startling marine mammals 

with a sudden intensive sound, the 

construction contractor must begin 

construction activities gradually each 

day by moving around the project area 

and starting machinery one at a time. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has determined that the 

authorized mitigation measures provide 

the means effecting the least practicable 

impact on the affected species or stocks 

and their habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. 

Monitoring and Reporting 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density). 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas). 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors. 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks. 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat). 

• Mitigation and monitoring 

effectiveness. 

PSOs—PSOs shall be used to detect, 

document, and minimize impacts to 

marine mammals, as well as, 

communicate with and instruct relevant 

construction crew with regard to the 

presence of marine mammals and 

mitigation requirements. Independent 

PSOs (i.e., not construction personnel) 

who have no other assigned tasks during 

monitoring periods must be used. 

Biological monitoring will begin 30 

minutes before work begins and will 

continue until 30 minutes after work is 

completed each day. 

PSOs will be placed at the best 

vantage point(s) practicable to monitor 

for marine mammals within the Level B 

harassment zone, defined above. If 

multiple construction activities occur 

simultaneously, enough PSOs must be 

on duty to monitor all Level B 

Harassment zones. 

Qualifications for PSOs for visual 

monitoring include: 

• Visual acuity in both eyes 

(correction is permissible) sufficient for 

discernment of harbor seals on land or 

in the water with ability to estimate 

target size and distance; use of 

binoculars may be necessary to correctly 

identify the target. 

• Successfully attained a bachelor’s 

degree from an accredited college or 

university with a major in one of the 

natural sciences and a minimum of 30 

semester hours or equivalent in the 

biological sciences and at least one 

undergraduate course in math or 

statistics. The educational requirements 

may be waived if the PSO has acquired 

the relevant skills through alternate 

experience. Requests for such a waiver 

must include written justification. 

Alternate experience that may be 

considered includes, but is not limited 

to (1) secondary education and/or 

experience comparable to PSO duties; 

(2) previous work experience 

conducting academic, commercial, or 

government-sponsored marine mammal 

surveys; or (3) previous work experience 

as a PSO; the PSO should demonstrate 

good standing and consistently good 

performance of PSO duties. 

• Experience and ability to conduct 

field observations and collect data 

according to assigned protocols (this 

may include academic experience). 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors. 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations. 

• Writing skills sufficient to prepare a 

report of observations including but not 

limited to the number and species of 

marine mammals observed; dates and 

times when construction activities were 

conducted; dates and times when 

construction activities were suspended 

to avoid potential incidental injury from 

construction sound or visual 

disturbance of marine mammals 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35755 

observed; and marine mammal 

behavior. 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

• PSOs must be provided with the 

equipment necessary to effectively 

monitor for marine mammals in order to 

record species, the distance from 

species’ location to the construction 

activities, behaviors, and responses to 

construction activities. 

• The PSO must also conduct 

biological resources awareness training 

for construction personnel. The 

awareness training will be provided to 

brief construction personnel on 

identification of marine mammals 

(including neonates) and the need to 

avoid and minimize impacts to marine 

mammals. If new construction 

personnel are added to the project, the 

contractor shall ensure that the 

personnel receive the mandatory 

training before starting work. 

Monitoring requirements also include: 

Pre-Activity Monitoring—Pre and post 

construction daily censuses—A census 

of marine mammals in the project area 

and the area surrounding the project 

must be conducted 30 minutes prior to 

the beginning of construction on 

monitoring days, and again 30 minutes 

after the completion of construction 

activities. The following data will be 

collected: 

• Environmental conditions (weather 

condition, tidal conditions, visibility, 

cloud cover, air temperature and wind 

speed); 

• Numbers of each marine mammal 

species spotted; 

• Location of each species spotted, 

including distance from construction 

activity; 

• Status (in water or hauled out); and 

• Behavior. 

Hourly Counts—Conduct hourly 

counts of animals hauled out and in the 

water within, at least, the Level B 

harassment zone. 

Data collected must include: 

• Numbers of each species; 

• Location, including whether inside 

the Level B harassment zone; whether 

hauled out or in the water; and distance 

from construction activities (+/¥ 10 m); 

• Time; 

• Tidal conditions; 

• Time construction activities start 

and end; 

• Primary construction activities 

occurring during the past hour; 

• Any noise or visual disturbance; 

• Number of mom/pup pairs and 

neonates observed; and 

• Notable behaviors, including 

foraging, grooming, resting, aggression, 

mating activity, and others. 

Notes should include any of the 

following information to the extent it is 

feasible to record: 

• Age-class; 

• Sex; 

• Unusual activity or signs of stress; 

and 

• Any other information worth 

noting. 

Construction Related Reactions— 

Record reaction observed in relation to 

construction activities including: 

• Tally of each reaction; 

• Time of reaction; 

• Concurrent construction activity; 

• The assumed cause (whether 

related to construction activities or not) 

shall be noted; 

• Disturbance must be recorded 

according to NMFS’ three-point 

pinniped disturbance scale (see Table 

2); 

• Location of animal during initial 

reaction and distance from the noted 

disturbance; 

• Activity before and after 

disturbance; and 

• Status (in water or hauled out) 

before and after disturbance. 

TABLE 2—PINNIPED BEHAVIORAL DISTURBANCE CODE REACTIONS

Level Type of 

response Definition 

1 ......................... Alert .................. Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, 

changing from a lying to a sitting position, or brief movement of less than twice the animal’s body 

length. 

2 ......................... Movement ......... Movements in response to the source of disturbance, ranging from short withdrawals at least twice the 

animal’s body length to longer retreats over the beach, or if already moving a change of direction of 

greater than 90 degrees. 

3 ......................... Flush ................. All retreats (flushes) to the water. 

Reporting 

A draft marine mammal monitoring 

report would be submitted to NMFS 

within 90 days after the completion of 

pile driving and removal activities, or 

60 days prior to a requested date of 

issuance of any future IHAs for projects 

at the same location, whichever comes 

first. The report must include full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring. It shall also include marine 

mammal observations pre-activity, 

during-activity, and post-activity of 

construction, and shall also provide 

descriptions of any behavioral responses 

by marine mammals due to disturbance 

from construction activities and a 

complete description of total take 

estimate based on the number of marine 

mammals observed during the course of 

construction. The report must include 

an extrapolation of the estimated takes 

by Level B harassment based on the 

number of observed disturbances within 

the Level B harassment zone and the 

percentage of time the Level B 

harassment zone was not monitored; 

i.e., 50 percent of time for the two 

restoration areas and 80 percent of the 

time for the borrow and other areas. If 

comments are received from the NMFS 

Office of Protected Resources on the 

draft report, a final report shall be 

submitted to NMFS within 30 days 

thereafter following resolution of 

comments on the draft report from 

NMFS. If no comments are received 

from NMFS, the draft report will be 

considered to be the final report. This 

report must contain the informational 

elements described above. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

a Renewal IHA to CDFW was published 

in the Federal Register on June 8, 2021 

(86 FR 30412). That notice either 

described, or referenced descriptions of, 

the CDFW’s activity, the marine 

mammal species that may be affected by 

the activity, the anticipated effects on 

marine mammals and their habitat, 

estimated amount and manner of take, 

and proposed mitigation, monitoring 

and reporting measures. NMFS received 

no public comments. 


khammond on DSKJM1Z7X2PROD with NOTICES
35756 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

Determinations 

NMFS has determined that the action 

under this Renewal includes a subset of 

activities that are identical to the 

previous IHA. NMFS found that the 

previous IHA would have a negligible 

impact and that authorized take would 

be small relative to the population size. 

No changes in marine mammal 

information, potential effects, estimated 

take, abundance estimates and the 

mitigation and monitoring have 

occurred. Therefore, NMFS has 

concluded that there is no new 

information suggesting that our analysis 

or findings should change from those 

reached for the initial IHA. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: (1) The 

required mitigation measures will effect 

the least practicable impact on marine 

mammal species or stocks and 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) 

CDFW’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., the promulgation 

of regulations and subsequent issuance 

of incidental take 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 proposed action qualifies to be 

categorically excluded from further 

NEPA review. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 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 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is proposed for authorization or 

expected to result from this activity in 

the Elkhorn Slough Reserve. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Renewal 

NMFS has issued a Renewal IHA to 

CDFW for the take of harbor seals 

incidental to the continuation of Phase 

II of the Elkhorn Slough Tidal Marsh 

Restoration Project in Minhoto-Bay Area 

located in Monterey County, CA from 

the date of issuance until May 31, 2021. 

Dated: June 30, 2021. 

Angela Somma, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–14380 Filed 7–6–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB154] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Crab Rationalization 

Cost Recovery Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fee percentage. 

SUMMARY: NMFS publishes notification 

of a 1.09 percent fee for cost recovery 

under the Bering Sea and Aleutian 

Islands Crab Rationalization Program. 

This action is intended to provide 

holders of crab allocations with the 

2021/2022 crab fishing year fee 

percentage so they can calculate the 

required cost recovery fee payment, 

which must be submitted by July 31, 

2022. 

DATES: The Crab Rationalization 

Program Registered Crab Receiver 

permit holder is responsible for 

submitting the fee liability payment to 

NMFS by July 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, (907) 586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS Alaska Region administers the 

Bering Sea and Aleutian Islands Crab 

Rationalization Program (Program) in 

the North Pacific. Fishing under the 

Program began on August 15, 2005. 

Regulations implementing the Program 

can be found at 50 CFR part 680. 

The Program is a limited access 

privilege program authorized by section 

313(j) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Program 

includes a cost recovery provision to 

collect fees to recover the actual costs 

directly related to the management, data 

collection, and enforcement of the 

Program. The Program is consistent with 

the cost recovery provisions included 

under section 304(d)(2)(A) of the 

Magnuson-Stevens Act. NMFS 

developed the cost recovery regulations 

to conform to statutory requirements 

and to reimburse the agency for the 

actual costs directly related to the 

management, data collection, and 

enforcement of the Program. The cost 

recovery provision allows collection of 

133 percent of the actual management, 

data collection, and enforcement costs 

up to 3 percent of the ex-vessel value of 

crab harvested under the Program. The 

Program provides that a proportional 

share of fees charged be forwarded to 

the State of Alaska for reimbursement of 

its share of management and data 

collection costs for the Program. 

A crab allocation holder generally 

incurs a cost recovery fee liability for 

every pound of crab landed. Catcher 

vessel and processor quota shareholders 

split the cost recovery fees equally with 

each paying half, while catcher/ 

processor quota shareholders pay the 

full fee percentage for crab processed at 

sea. The crab allocations subject to cost 

recovery include Individual Fishing 

Quota, Crew Individual Fishing Quota, 

Individual Processing Quota, 

Community Development Quota, and 

the Adak community allocation. The 

Registered Crab Receiver (RCR) permit 

holder must collect the fee liability from 

the crab allocation holder who is 

landing crab. Additionally, the RCR 

permit holder must collect their own fee 

liability for all crab delivered to the 

RCR. The RCR permit holder is 

responsible for submitting this payment 

to NMFS on or before July 31, in the 

year following the crab fishing year in 

which landings of crab were made. 

The dollar amount of the fee due is 

determined by multiplying the fee 

percentage (not to exceed 3 percent) by 


khammond on DSKJM1Z7X2PROD with NOTICES