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Federal Register/Vol. 74, No. 43/Friday, March 6, 2009/Notices

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Federal Register/Vol. 74, No. 43/Friday, March 6, 2009/Notices Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9801 Savage Neck Dunes Natural Area application for five-year regulations; engage in a specified activity (other than Preserve. request for comments and information. commercial fishing) within a specified geographical region if certain findings Washington SUMMARY: NMFS has received a request are made and regulations are issued or, Admiralty Head Preserve. from the Northeast Gateway Energy if the taking is limited to harassment, a Argyle Lagoon San Juan Islands Marine Bridge L.L.C. (Northeast Gateway or notice of a proposed authorization is Preserve. NEG) and its partner, Algonquin Gas provided to the public for review. Blake Island Underwater Park. Transmission, LLC (Algonquin), for Authorization shall be granted if Brackett’s Landing Shoreline Sanctuary authorization to take marine mammals NMFS finds that the taking will have a Conservation Area. incidental to operating and maintaining negligible impact on the species or Cherry Point Aquatic Reserve. a liquified natural gas (LNG) port stock(s), will not have an unmitigable Cypress Island Aquatic Reserve. facility and its associated Pipeline adverse impact on the availability of the Deception Pass Underwater Park. Lateral by NEG and Algonquin, in species or stock(s) for subsistence uses, False Bay San Juan Islands Marine Massachusetts Bay for the period of May and if the permissible methods of taking Preserve. 2009 through May 2014. Pursuant to the and requirements pertaining to the Fidalgo Bay Aquatic Reserve. Marine Mammal Protection Act mitigation, monitoring and reporting of Friday Harbor San Juan Islands Marine (MMPA), NMFS is requesting comments such taking are set forth. Preserve. on its proposal to issue an authorization NMFS has defined ‘‘negligible Haro Strait Special Management Fishery to Northeast Gateway and Algonquin to impact’’ in 50 CFR 216.103 as: Area. incidentally take, by harassment, small an impact resulting from the specified Maury Island Aquatic Reserve. numbers of marine mammals for a San Juan Channel & Upright Channel activity that cannot be reasonably expected period of 1 year. NMFS is also to, and is not reasonably likely to, adversely Special Management Fishery Area. requesting comments, information, and affect the species or stock through effects on Orchard Rocks Conservation Area. suggestions concerning Northeast annual rates of recruitment or survival. Shaw Island San Juan Islands Marine Gateway’s application and the structure Section 101(a)(5)(D) of the MMPA Preserve. and content of future regulations. South Puget Sound Wildfire Area. established an expedited process by Sund Rock Conservation Area. DATES: Comments and information must which citizens of the United States can Yellow and Low Islands San Juan be received no later than April 6, 2009. apply for an authorization to Islands Marine Preserve. ADDRESSES: Comments should be incidentally take small numbers of Zelia Schultz/Protection Island Marine addressed to P. Michael Payne, Chief, marine mammals by harassment. Except Preserve. Permits, Conservation and Education with respect to certain activities not Division, Office of Protected Resources, pertinent here, the MMPA defines Review and Approval National Marine Fisheries Service, 1315 ‘‘harassment’’ as: Following this public comment East-West Highway, Silver Spring, MD any act of pursuit, torment, or annoyance period, the MPA Center will forward 20910–3226. The mailbox address for which (i) has the potential to injure a marine public comments to the relevant providing email comments on this mammal or marine mammal stock in the wild managing entity or entities, which will action is PR1.0648–[email protected]. [Level A harassment]; or (ii) has the potential reaffirm or withdraw (in writing to the Comments sent via email, including all to disturb a marine mammal or marine MPA Center) the nomination. After final attachments, must not exceed a 10– mammal stock in the wild by causing disruption of behavioral patterns, including, MPA Center review, mutually agreed megabyte file size. A copy of the but not limited to, migration, breathing, upon MPAs will be accepted into the application and a list of references used nursing, breeding, feeding, or sheltering national system and the List of National in this document may be obtained by [Level B harassment]. System MPAs will be posted at http:// writing to this address, by telephoning Section 101(a)(5)(D) establishes a 45- www.mpa.gov. the contact listed here (see FOR FURTHER day time limit for NMFS review of an INFORMATION CONTACT) and is also Dated: March 3, 2009. application followed by a 30-day public available at: http://www.nmfs.noaa.gov/ John H. Dunnigan, notice and comment period on any pr/permits/incidental.htm. Assistant Administrator. proposed authorizations for the The Maritime Administration incidental harassment of marine [FR Doc. E9–4809 Filed 3–5–09; 8:45 am] (MARAD) and U.S. Coast Guard (USCG) mammals. Within 45 days of the close BILLING CODE 3510–08–P Final Environmental Impact Statement of the comment period, NMFS must (Final EIS) on the Northeast Gateway either issue or deny issuance of the Energy Bridge LNG Deepwater Port DEPARTMENT OF COMMERCE authorization. license application is available for National Oceanic and Atmospheric viewing at http://dms.dot.gov under the Summary of Request Administration docket number 22219. On August 15, 2008, NMFS received FOR FURTHER INFORMATION CONTACT: an application from Tetra Tech EC, Inc., RIN 0648–XN24 Shane Guan, Office of Protected on behalf of Northeast Gateway and Taking and Importing Marine Resources, NMFS, (301) 713–2289, ext Algonquin for an authorization to take Mammals; Operations of a Liquified 137. 12 species of marine mammals by Level Natural Gas Port Facility in SUPPLEMENTARY INFORMATION: B harassment incidental to operation Massachusetts Bay and maintenance of an LNG port facility Background in Massachusetts Bay. Since LNG Port AGENCY: National Marine Fisheries Sections 101(a)(5)(A) and 101(a)(5)(D) operation and maintenance activities Service (NMFS), National Oceanic and of the MMPA (16 U.S.C. 1361 et seq.) have the potential to take marine Atmospheric Administration (NOAA), direct the Secretary of Commerce mammals, a marine mammal take Commerce. (Secretary) to allow, upon request, the authorization under the MMPA is ACTION: Notice; proposed incidental incidental, but not intentional taking of warranted. NMFS has already issued a harassment authorization and receipt of marine mammals by U.S. citizens who one-year incidental harassment VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9802 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices authorization for this activity pursuant LNGRVs would dock to the STL buoys, therefore, thrusters will not be used to to section 101(a)(5)(D) of the MMPA (73 which would serve as both the single- maintain a stationary position. FR 29485, May 21, 2008), which expires point mooring system for the vessels It is estimated that the NEG Port could on May 20, 2009. In order to for and the delivery conduit for natural gas. receive approximately 65 cargo Northeast Gateway and Algonquin to Each of the STL buoys is secured to the deliveries a year. During this time continue their operation and seafloor using a series of suction period thrusters would be engaged in maintenance of the LNG port facility in anchors and a combination of chain/ use for docking at the NEG Port Massachusetts Bay, both companies are cable anchor lines. approximately 10 to 30 minutes for each seeking a renewal of their IHA. On The proposed activity includes vessel arrival and departure. Northeast Gateway LNG Port operation January 26, 2009, Northeast Gateway NEG Port Maintenance and Algonquin submitted a revised and maintenance. The specified design life of the NEG MMPA permit application with NEG Port Operations modified activities. The modified Port is about 40 years, with the activities will also include certain During NEG Port operations, LNGRVs exception of the anchors, mooring operation and maintenance (O&M) servicing the Northeast Gateway Port chain/rope, and riser/umbilical activities to the Algonquin Pipeline will utilize the newly configured and assemblies, which are based on a Lateral for a limited time. Because the International Maritime Organization- maintenance-free design life of 20 years. LNG Port facility and Algonquin approved Boston Traffic Separation The buoy pick-up system components Pipeline Lateral operation and Scheme (TSS) on their approach to and are considered consumable and would maintenance activities will be ongoing departure from the Northeast Gateway be inspected following each buoy in the foreseeable future, NMFS will Port at the earliest practicable point of connection, and replaced (from inside propose regulations pursuant to section transit. LNGRVs will maintain speeds of the STL compartment during the normal 101(a)(5)(A) of the MMPA, which would 12 knots or less while in the TSS, unless cargo discharge period) as deemed govern these incidental takes under a transiting the Off Race Point Seasonal necessary. The underwater components Letter of Authorization for up to five Management Area between the dates of of the NEG Port would be inspected years. Under section 101(a)(5)(A), NMFS March 1 and April 30, or the Great once yearly in accordance with also must prescribe mitigation, South Channel Seasonal Management
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