51632 Federal Register / Vol. 69, No. 161 / Friday, August 20, 2004 / Notices

Assessment manufacturer is, the cash deposit rate Weikfield Normal Value The Department shall determine, and will be the rate established for the most [FR Doc. 04–19140 Filed 8–19–04; 8:45 am] U.S. Customs and Border Protection recent period for the manufacturer of BILLING CODE 3510–DS–P (‘‘CBP’’) shall assess, antidumping the merchandise; and (4) the cash duties on all appropriate entries, in deposit rate for all other manufacturers DEPARTMENT OF COMMERCE accordance with 19 CFR 351.212. The or exporters will continue to be 11.30 Department will issue appropriate percent. This rate is the ‘‘All Others’’ rate from the LTFV investigation. These National Oceanic and Atmospheric appraisement instructions for the Administration companies subject to this review deposit requirements shall remain in effect until publication of the final directly to CBP within 15 days of [I.D. 081004A] publication of these final results of results of the next administrative review. In accordance with 19 CFR review. Incidental Take of Marine Mammals 351.106(c)(1), we will instruct CBP to This notice also serves as a final Incidental to Specified Activities; assess antidumping duties on all reminder to importers of their Taking of Harbor Seals Incidental to appropriate entries covered by this responsibility under 19 CFR 351.402(f) Wall Replacement and Bluff review if any importer-specific to file a certificate regarding the Improvement Projects at , San assessment rate calculated in the final reimbursement of antidumping duties Diego County, CA results of this review is above de prior to liquidation of the relevant AGENCY: National Marine Fisheries minimis (i.e., is not less than 0.50 entries during this review period. Service (NMFS), National Oceanic and percent). With respect to Agro Dutch Failure to comply with this requirement Atmospheric Administration (NOAA), and Premier, we calculated importer- could result in the Secretary’s Commerce. specific assessment rates for the subject presumption that reimbursement of merchandise by aggregating the antidumping duties occurred and the ACTION: Notice of receipt of application dumping margins calculated for all of subsequent assessment of doubled and proposed incidental harassment the U.S. sales examined and dividing antidumping duties. authorization; request for comments. this amount by the total entered value This notice serves as the only SUMMARY: NMFS has received an of the sales examined. For Weikfield, we reminder to parties subject to application from the City of , do not have the actual entered value of administrative protective order (APO) of CA to take small numbers of marine its sales because this respondent is not their responsibility concerning the mammals, by harassment, incidental to the importer of record for some of its disposition of proprietary information wall replacement and bluff U.S. sales. Accordingly, we calculated disclosed under APO in accordance improvement projects at La Jolla, CA. importer-specific assessment rates by with 19 CFR 351.305(a)(3). Timely Under the Marine Mammal Protection aggregating the dumping margins written notification of return/ Act (MMPA), NMFS is requesting calculated for all of Weikfield’s U.S. destruction of APO materials or comments on its proposal to issue an sales examined and dividing the conversion to judicial protective order is incidental harassment authorization to respective amount by the total quantity hereby requested. Failure to comply the City of San Diego, for 1 year. of the sales examined. To determine with the regulations and the terms of an DATES: Comments and information must whether the duty assessment rates were APO is a sanctionable violation. We are de minimis, in accordance with the be received no later than September 20, issuing and publishing this 2004. requirement set forth in 19 CFR determination and notice in accordance ADDRESSES: 351.106(c)(2), we calculated importer- with sections 751(a)(1) and 777(i) of the You may submit comments specific ad valorem ratios based on Act. on the application and proposed export prices. authorization, using the identifier Dated: August 13, 2004. 081004A, by any of the following Cash Deposit Requirements James J. Jochum, methods: The following cash deposit Assistant Secretary for Import ∑ E-mail: [email protected] - requirements will be effective for all Administration. you must include the identifier shipments of the subject merchandise 081004A in the subject line of the Appendix—List of Issues entered, or withdrawn from warehouse, message. Comments sent via e-mail, for consumption on or after the Company-Specific Comments including all attachments, must not publication date of the final results of Agro Dutch exceed a 10–megabyte file size. this administrative review, as provided ∑ Hand-delivery or mailing of paper, Comment 1: Treatment of Agro Dutch’s by section 751(a)(1) of the Act: (1) The Expenses for Returned Shipments as Direct disk, or CD-ROM comments: Stephen L. cash deposit rates for the reviewed or Indirect Expenses Leathery, Chief, Permits, Conservation companies will be those established in Comment 2: Treatment of Inspection and Education Division, Office of the final results of this review, except if Expenses Protected Resources, National Marine the rate is less than 0.50 percent, and Comment 3: Selling Expenses and Profit Fisheries Service, 1315 East-West therefore de minimis within the Ratio for Agro Dutch Constructed Value Highway, Silver Spring, MD 20910– meaning of 19 CFR 351.106(c)(1), in Comment 4: Corrections to the Calculation of 3225. which case the cash deposit rate will be Agro Dutch Normal Value To help us process and review your zero; (2) for previously reviewed or Comment 5: Duty Absorption on Agro comments more efficiently, please use investigated companies not listed above, Dutch’s Sales only one method. A copy of the the cash deposit rate will continue to be Premier application containing a list of the company-specific rate published for references used in this document may the most recent period; (3) if the Comment 6: Errors in Premier Margin be obtained by writing to the address Calculation exporter is not a firm covered in this above or by telephoning the contacts review, a prior review, or the original Weikfield listed under FOR FURTHER INFORMATION LTFV investigation, but the Comment 7: Corrections to Calcualtion of CONTACT.

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FOR FURTHER INFORMATION CONTACT: along with the removal of an aging wall www.pmel.noaa.gov/vents/acoustics/ Sarah Hagedorn, NMFS, (301) 713–2322 above La Jolla Cove. Improvement tutorial/tutorial.html. or Monica DeAngelis, NMFS Southwest measures are limited to remediation of Airborne sounds are also often Region, (562) 980–3232. only the upper portion of the bluff, expressed as broadband A-weighted SUPPLEMENTARY INFORMATION: allowing natural marine processes to (dBA) or C-weighted (dBC) sound levels. continue unabated. Mitigation of marine When frequency levels are made to Background erosion associated with splash and correspond to human hearing, they are Section 101(a)(5)(A) and (D) of the spray on the upper sloping portion of referred to as being A-weighted or A- MMPA (16 U.S.C. 1361 et seq.) directs the coastal bluff will be limited to re- filtered. With A-weighting, sound the Secretary of Commerce (Secretary) vegetation, primarily hydroseeding, and energy at frequencies below 1 kHz and to allow, upon request, the incidental, some limited container plants, along above 6 kHz are de-emphasized and but not intentional taking of marine with a combination of both setting back approximates the human ear’s response mammals by U.S. citizens who engage and deepening the seaward edge of to sounds below 55 dB. C-weighting is in a specified activity (other than reconstructed sidewalks to provide often used in the analysis of high- commercial fishing) within a specified some structural stiffness and increased amplitude noises like explosions, and geographical region if certain findings stability, as both marine and sub-aerial corresponds to the relative response to are made and regulations are issued. processes continue to encroach upon the human ear to sound levels above 85 Permission may be granted if the bluff-top improvements. Key objectives dB. C-weighting de-emphasizes ear Secretary finds that the total taking will of the site improvements are to protect frequency components of less than have a negligible impact on the species lateral public access along the coast, about 50 Hz. C-weight scaling is also or stock(s), will not have an unmitigable increase public safety, minimize useful for analyses of sounds having adverse impact on the availability of the disturbance of the marine environment predominantly low-frequency sounds, species or stock(s) for subsistence uses, and its inhabitants, minimize disruption such as sonic booms. For continuous and that the permissible methods of of public recreation and scenic vista noise like rocket launches, the taking and requirements pertaining to opportunities, avoid disruption of important variables relevant to assessing the monitoring and reporting of such public access to coastal areas, minimize auditory impacts or behavioral taking are set forth. NMFS has defined visual impacts by re-vegetating responses are intensity, frequency ‘‘negligible impact’’ in 50 CFR 216.103 manufactured slopes with native spectrum, and duration. In this as ‘‘an impact resulting from the vegetation, avoid changes in runoff document, whenever possible sound specified activity that cannot be patterns, maintain pedestrian and levels have been provided with A- reasonably expected to, and is not vehicular travel around the construction weighting. reasonably likely to, adversely affect the sites, and avoid the use of rip rap. This Project Description species or stock through effects on activity does not include improvements annual rates of recruitment or survival.’’ to Children’s Pool itself. The Children’s Pool area at La Jolla, Subsection 101(a)(5)(D) of the MMPA including Children’s Pool Beach and Measurement of Airborne Sound Levels established an expidited process by Seal Rock, is a year-round haulout and which citizens of the United States can The following section is provided to rookery for harbor seals. Four of the six apply for an authorization to facilitate an understanding of airborne construction sites are close to where incidentally take small numbers of and impulsive noise characteristics. harbor seals may be hauled out, and marine mammals by harassment. Except Amplitude is a measure of the pressure therefore may result in the incidental for certain categories of actions not of a sound wave that is usually harassment of harbor seals. All pertinent here, the MMPA defines expressed on a logarithmic scale with construction activities will begin no ‘‘harassment’’ as: units of sound level or intensity called earlier than July 2004, and will end no any act of pursuit, torment, or annoyance the decibel (dB). Sound pressure level later than January 1, 2005. Construction which (i) has the potential to injure a marine (SPL) is described in units of dB re can occur on any site on weekdays mammal or marine mammal stock in the wild micro-Pascal (micro-Pa2, or µPa); for between the hours of 8:30 am and 3:30 [Level A harassment]; or (ii) has the potential energy, the sound exposure level (SEL), pm except on national holidays. to disturb a marine mammal or marine a measure of the cumulative energy in Demolition and construction may take mammal stock in the wild by causing a noise event, is described in terms of place simultaneously at all four sites. disruption of behavioral patterns, including, 2 but not limited to, migration, breathing, dB re micro-Pa -second; and frequency, The duration of construction at any one nursing, breeding, feeding, or sheltering often referred to as pitch, is described in of these four sites will be limited to six [Level B harassment]. units of cycles per second or Hertz (Hz). working days total. Demolition of each In other words, SEL is the squared site is scheduled to last one day. Summary of Request instantaneous sound pressure over a Equipment required for demolition will On May 27, 2004, NMFS received an specified time interval, where the sound include hand tools, backhoes, power application from the City of San Diego pressure is averaged over 5 percent to 95 saws, and pavement breakers and/or requesting an IHA for the possible percent of the duration of the sound. jackhammers. No explosives will be harassment of small numbers of Pacific For airborne noise measurements the used during demolition. The City of San harbor seals (Phoca vitulina) incidental convention is to use 20 micro-Pa as the Diego estimates that the maximum to cove wall replacement and bluff reference pressure, which is 26 dB received sound exposure level 100 ft improvement projects at La Jolla, CA. above the underwater sound pressure (30.5 m) from demolition activities is The purpose of this bluff improvement reference of 1 micro-Pa and is the approximately 90 dBA (re 20 micro-Pa2 project is to protect public access along approximate threshold of human -sec). The equipment involved in these the coast and to maintain public rights- hearing. However, the conversion from activities will include a concrete mixer, of-way that have been adversely affected air to water intensities is more involved power auger, and hand tools. The by coastal erosion, in a safe and publicly than this and is beyond the scope of this maximum received sound exposure accessible condition. Bluff improvement document. NMFS recommends level at 100 ft (30.5 m) from measures address ongoing marine and interested readers review NOAA’s construction activities is estimated to be subaerial erosion in six study sites, tutorial on this issue: http:// about 81 dBA (re 20 micro-Pa2 -sec).

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The entire Cove Wall Replacement and reconstructed sidewalk. The exposed Additional information on harbor Bluff Improvement Project is expected slope areas will be landscaped with seals found in Central waters to take 6 weeks or less. Summaries of primarily native, erosion control, low can be found in Marine Mammal Stock the proposed improvements at each of water use plants suited to a coastal Assessment Reports, which is available the 4 sites that have a potential to harass marine environment. online at http://www.nmfs.noaa.gov/ harbor seals follows. protlres/PR2/ Site 58A StocklAssessmentlProgram/ Site 55D Site 58A is located on the 900 block sars.html. This site is located on the 700 block of Coast Boulevard, southwest of Ocean of Coast Boulevard, southeast of Street. The existing 10 ft-wide (3 m) Marine Mammal Impacts Children’s Pool Beach. At this site, the sidewalk will be removed and a new 10 The applicant requests authorization existing post-and-board wall located on ft-wide (3 m) sidewalk with a deepened for incidental taking, by Level B the slope will be removed. The area structural edge 5 ft (1.5 m) in thickness harassment only, of Pacific harbor seals. eroded by the abandoned storm drain will be constructed. The existing wood Level B Harassment may occur if hauled will be filled with a reinforced posts and wood rails will be removed animals flush the haulout and/or move geometric grid at a 1.5:1 slope. The and new wood posts and wood rails will to increase their distance from proposed fill of approximately 20 cubic be located at the outer edge of the construction-related activities, such as yds (15.3 cubic m) will extend reconstructed sidewalk. The exposed the presence of workers, noise, and approximately 14 ft (4.3 m) seaward of slope areas will be landscaped with vehicles. Short term impacts that could the existing corrugated metal pipe primarily native, erosion control, low occur include possible temporary outlet, and the toe of the fill will water use plants suited to a coastal reduction in utilization of the beach or terminate approximately 5 ft (1.5 m) marine environment. Seal Rock at Children’s Pool. These from the edge of the sea cliff. The short term impacts may result in a Description of Habitat and Marine manufactured slope area will be temporary reduced number of seals Mammals Affected by the Activity landscaped with primarily native, using the haul out sites during, and erosion control, low water use plants The marine mammal species known potentially past, the hours of suited to a coastal marine environment. to be present in the Children’s Pool area construction. However, this area has is the (Phoca vitulina). become a tourist spot for viewing harbor Site 55F Harbor seals are widely distributed in seals, and the current population of This site is also located on the 700 the North Atlantic and North Pacific. In seals utilizing the Children’s Pool area block of Coast Boulevard, southeast of California, approximately 400–500 is accustomed to human activities and Children’s Pool Beach. The existing 10 harbor seal haul-out sites are distributed regular noise levels from people and ft-wide (3 m) sidewalk will be removed along the mainland and on offshore traffic along Coast Boulevard. Therefore, and a new 10 ft-wide (3 m) sidewalk islands, including intertidal sandbars, potential impacts from the project are will be constructed a minimum of 8 ft rocky shores and beaches (Hanan 1996). expected to be minimal to none. The (2.4 m) from the top of the existing In California, the population growth permanent abandonment of the slope. The new sidewalk will have a rate of harbor seals appears to be Children’s Pool area is also not deepened structural edge 5 ft (1.5 m) in slowing, but remains positive. A anticipated because harbor seals have thickness to provide the structural complete count of all harbor seals in habituated to traffic noise. Depending capacity to span the rubble-filled sea California is impossible because some on the disturbance, they may return to cave below. To minimize runoff, the are always away from the haul-out sites. the haul-out site immediately, stay in curb will be installed and the sidewalk A complete pup count (as is done for the water for a length of time and then will be cross-sloped 1.5% toward the other in California) is also not return to the haul-out, or temporarily street and away from the bluff top. The possible because harbor seals are haul-out at another site (NOAA, 1996). existing wood posts and metal rails will precocious, with pups entering the Recent studies (Lawson et al., 2002, be removed and new wood posts and water almost immediately after birth. and NAWS, 2002) show that Level B metal rails will be located at the outer The estimated population of harbor harassment, as evidenced by beach edge of the relocated sidewalk. The face seals in California is 27,863 (NOAA flushing, will sometimes occur upon of the existing vertical slope will be Draft Stock Assesment Report, 2003), exposure to launch sounds with sound trimmed back somewhat to improve with an estimated minimum population exposure levels of 100 dBA (re 20 surficial stability and assist in the of 25,720 for the California stock of micro-Pa2 -sec) or higher for California establishment of a vegetative cover. The harbor seals. sea lions and northern elephant seals, exposed slope area will be landscaped Recent population counts show that and 90 dBA (re 20 micro-Pa2 -sec) or with primarily native, erosion control, the harbor seal population in La Jolla is higher for harbor seals. Therefore, it is low water use plants suited to a coastal stable at approximately 150–200 seals. expected that most received noise levels marine environment. The most important birth month for this at the harbor seal haulouts will be below population is March (NOAA). In levels that are likely to cause Site 57E general, the pupping season occurs disturbance. However, to date that This site is located on the 800 block between early February to May, remains unknown. As stated earlier, the of Coast Boulevard, southwest of Jenner however some pups are born as early as maximum received levels at 100 ft away Street, adjacent to Seal Rock. The late January. In 2001, 17 pups were born (30.5 m) from demolition and existing 5 ft-wide (1.5 m) sidewalk will between February 12 and April 15; in construction activities are expected to be removed and a new 5 ft-wide (1.5 m) 2002, 13 pups were born between be about 90 dBA and 81 dBA, sidewalk with a deepened structural February 2 and April 27; and in 2003, respectively. Sites 55D and 55F are edge 5 ft (1.5 m) in thickness will be 16 pups were born between January 24 closest to Children’s Pool Beach. These constructed. The existing wood posts and April 2. In 2004, 26 pups were born sites are approximately 250 ft (76.2 m) and wood rails will be removed and between the end of January and the end from the beach haulout area used by the new wood posts and wood rails will be of April, however only 20 of the 26 pups harbor seals. At that distance there located at the outer edge of the survived. should be little to no impact on the

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seals. Sites 57E and 58A are closer to population in La Jolla is stable at go beyond 3:30 pm. Harbor seals in this Seal Rock. 58A is almost 400 ft (122 m) approximately 150–200 seals. area are known to use haulout areas in from Seal Rock, and is not expected to Population trends from 1999 revealed greatest numbers in the afternoon. Since cause any harassment of the seals that the largest counts of seals hauled construction activities will be finished hauled out on Seal Rock. 57E is the out on the beach were between January by 3:30 pm every day, this minimizes closest of the four to any of the haulout to May, with a peak in counts in June the number of harbor seals potentially areas. This site is approximately 170 ft at Seal Rock. The maximum number of disturbed. Disturbance to harbor seals (51.8 m) from Seal Rock (dependant on harbor seals using the Children’s Pool has a more serious effect when seals are tide), and about 350 ft (106.7 m) from haulout areas at one time can vary pupping or nursing, when aggregations Children’s Pool Beach. At this distance, between 62 and 172 (H-SWRI, 1995– are dense, and during the molting construction noise will have attenuated 1997). Therefore, the maximum number period. To ensure that construction to low levels. However, special attention that could be impacted would be 172. activities are not overlapping with the will be given to this site during There is no anticipated impact from pupping season, the contractor will construction and monitoring (see construction activities on the coordinate with ‘‘Friends of La Jolla MONITORING). availability of the species or stocks for Seals’’ or Hubbs-SeaWorld Research Demolition of sidewalks at the top of subsistence uses because there is no Institute. Either of these organizations the bluff slopes and excavation for the subsistence harvest of marine mammals will confirm when the pupping season new sidewalks may result in some in California. has come to an end, usually sometime downhill movement of debris. Just prior Although the seals in the area have in late June or early July 2004, after the to the construction necessitating its use, become accustomed to the presence of last pup has been weaned. Once this is a debris fence will be installed parallel tourists viewing the haulout site, the confirmed, construction activities may to and just below the bluff edge and addition of construction workers, begin with the approval of NMFS. The held in place with stakes driven by construction equipment (in particular pupping season for harbor seals begins hand using a large hammer. The the sudden noise of a jackhammer or in early February, however pregnant expected debris would be soil or small power saw), and other project related females are hauled out at Children’s pieces of concrete that could be activities could result in a temporary Pool in the weeks leading up to the removed by hand or shovel. Noise levels startle response when harbor seals may pupping season, therefore all for installing the fence and removing flush into the water. However, the construction activity will be completed debris trapped in it will be low and likelihood of this occurring is very low, by the 1st of January, 2005. These unlikely to harass harbor seals. The and with the implementation of proposed mitigation measures will proximity of the sites will not enable mitigation measures, disturbance from reduce the potential for Level B debris to fall onto Seal Rock or the construction-related activities is incidental harassment takes and beach where the seals haul out. expected to have only a short term eliminate the potential for serious injury Potential incidental harassment negligible impact to a small number of or mortality of Pacific harbor seals. resulting from bluff stabilization harbor seals. Demolition and As mentioned, demolition of construction may occur in all age construction work is not expected to sidewalks at the top of the bluff slopes classes and sexes of harbor seals present result in injury or mortality because the and excavation for the new sidewalks in the Children’s Pool area. The number proposed work restrictions and may result in some downhill movement of harbor seals at Children’s Pool Beach mitigation measures will minimize of debris. Just prior to the construction and Seal Rock varies throughout the construction-related disturbance. At a necessitating its use, a debris fence will year. For the population of seals maximum, short-term impacts are be installed parallel to and just below occupying Children’s Pool, the numbers expected to result in a temporary the bluff edge and held in place with of seals that haul out vary with season, reduction in utilization of haulout sites stakes driven by hand using a large tide, and time of day (Hubbs-SeaWorld while work is in progress or until seals hammer. This ensures that demolition Research Institute 1995–1997). More acclimate to the disturbance, and will will result in a minimal amount of haulout area is available to be occupied not likely result in any permanent debris on Seal Rock or the nearby beach. during low tide. However, sometimes reduction in the number of seals at Monitoring those animals that are on land will Children’s Pool or at Seal Rock. NMFS move higher up the beach to avoid the preliminarily agrees with the City of San Harbor seal haulouts will be approaching tide and thus do not Diego that effects will be limited to monitored periodically during necessarily leave the haulout area. For short-term and localized behavioral construction activities. Monitoring will the La Jolla area in general, a greater changes falling within the MMPA be conducted by a qualified biologist number of animals were seen hauled out definition of Level B harassment. approved by NMFS. During all in late afternoon or evening, regardless monitoring periods, the following of the tide. In general, there is a Mitigation information will be recorded: date, time, decrease in counts in late summer Several mitigation measures to reduce tidal height, maximum number of through winter in La Jolla. The largest the potential for harassment from wall harbor seals hauled out, number of numbers of seals are seen during the replacement and bluff improvement adults and sub-adults, number of molting/breeding season. Also, the construction activities will be females and males (if possible), and any number of seals hauled-out generally implemented under the proposed observed disturbances to the seals. decreased during the first few calm days authorization. The primary mitigation During periods of construction, a after a storm. measure is the minimization of days and description of construction activities Peak numbers of harbor seal counts times when construction can take place. will also take place. for the La Jolla area in general were 166 Demolition will be limited to one day at Prior to construction at each of the in June, 1996 and 172 in July, 1997 (H- each of the four sites, ensuring that the four sites, three full days of baseline SWRI, 1995–1997). These numbers were greatest possible noise levels will only monitoring will occur to assess harbor recorded at the peak of the breeding occur for a short period of time. In seal use of the haulouts before season, the typical time of maximum addition, construction activities will not construction begins. Wall replacement haulout. As stated earlier, the take place prior to 8:30 am and will not and bluff stabilization activities will

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begin with one day of demolition at received from NMFS, the draft report has preliminarily determined that the each site. Monitoring at each site during will be considered to be the final report. proposed activity would result in the demolition will start one hour before The City of San Diego is planning on harassment of small numbers of Pacific demolition begins, run all day, and will sharing and comparing data collected as harbor seals and will have no more than be completed no sooner than one hour a result of these monitoring efforts with a negligible impact on this marine after it ends. other interested parties, such as the mammal stock. Hubbs-Sea World Research Institute or Results from the pre-construction Information Solicited baseline monitoring will determine if Friends of La Jolla Seals. Monitoring mid-day monitoring is necessary during work during this project may be NMFS requests interested persons to the days of construction following conducted in collaboration with these submit comments, information, and demolition. If it is determined that it is groups as well. suggestions concerning this request (see ADDRESSES). necessary and/or beneficial, monitoring Endangered Species Act (ESA) will take place at each site during every Dated: August 13, 2004. NMFS does not expect any species day of construction starting one hour Laurie K. Allen, before construction begins each day and listed under the ESA to be affected by the planned construction activities. Director, Office of Protected Resources, finishing one hour after it ends each National Marine Fisheries Service. day. For sites 55D, 55F and 58A, if it is However, NMFS will continue to review this action and will decide on whether [FR Doc. 04–19054 Filed 8–19–04; 8:45 am] determined that mid-day monitoring is BILLING CODE 3510–22–S not necessary, 2 two-hour monitoring consultation under section 7 of the ESA sessions will occur each day of on the issuance of an IHA under section 101(a)(5)(D) of the MMPA is necessary construction following demolition. The DEPARTMENT OF COMMERCE first session will begin one hour before prior to making a final decision. the start of construction and end one National Environmental Policy Act National Oceanic and Atmospheric hour after the start of construction, and (NEPA) Administration then begin again one hour before the On September 15, 2003, the City of [I.D. 080904E] end of construction and end one hour San Diego completed an Environmental after construction has finished for the Impact Report (EIR) for the proposed La Atlantic Highly Migratory Species; day. Site 57E is the closest work site to Jolla Cove Wall Replacement and Bluff Exempted Fishing Permits Seal Rock, about 170 feet (51.8 m) away. Improvements Project. NMFS is At this distance, much of the AGENCY: National Marine Fisheries reviewing this EIR and will either adopt construction noise will have attenuated Service (NMFS), National Oceanic and it or prepare its own NEPA document to low levels. However, NMFS believes Atmospheric Administration (NOAA), before making a determination on the careful monitoring of this site is still Commerce. issuance of an IHA. warranted. Despite results from baseline ACTION: Notice of receipt of a request for monitoring, monitoring will take place Preliminary Conclusions exempted fishing permits; request for at site 57E during every day of NMFS has preliminarily determined comments. construction starting one hour before that the short-term impacts of wall construction begins each day and SUMMARY: NMFS announces the receipt replacement and bluff improvement of a request for exempted fishing finishing no earlier than one hour after activities, as described in this document construction ends each day. permits (EFPs) for conducting bycatch and in the application for an IHA, reduction research in the following Sound levels 100 feet (30.5 m) from should result in only the temporary regions of the Atlantic Ocean: North of each site will be recorded during all modification in behavior by Pacific Cape Hatteras, South of Cape Hatteras, periods of monitoring. If at any time harbor seals. The City of San Diego and Gulf of Mexico (GOM). NMFS indications of a substantial disturbance believes the effects of demolition and invites comments from interested to harbor seals resulting from construction are expected to be limited parties on potential concerns should construction activities are observed, to short term and localized changes in these EFPs be issued. and/or if sound levels are found to be behavior involving small numbers of DATES: Written comments on the above 90 dBA at a distance of 100 feet pinnipeds. While behavioral proposed exempted fishing activity (30.5 m) from construction at any of the modifications, including temporarily must be received no later than sites, the applicant will contact NMFS vacating onshore haulouts, may be made September 2, 2004. to provide this information. It will then by the seals, this action is expected to be determined if any further mitigation have a negligible impact on the animals. ADDRESSES: You may submit comments or monitoring measures are needed, by any of the following methods: In addition, no take by injury and/or ∑ such as the installation of sound death is anticipated, and harassment Email: [email protected]. barriers. However, at this time NMFS takes will be at the lowest level Include in the subject line the following does not propose requiring sound practicable due to incorporation of the identifier: I.D.080904E. ∑ Mail: Christopher Rogers, Chief, barriers because sound levels appear to mitigation measures mentioned Highly Migratory Species Management be low at most, if not all, sites to even previously in this document. cause Level B behavioral harassment. Division (F/SF1), NMFS, 1315 East-West Proposed Authorization Highway, Silver Spring, MD 20910. Reporting ∑ NMFS proposes to issue an IHA to the Fax: (301)713–1917. A draft report will be submitted to City of San Diego for the potential FOR FURTHER INFORMATION CONTACT: NMFS Regional Administrator within harassment of small numbers of Pacific Heather Stirratt, 301–713–2347; fax: 90 days after project completion. The harbor seals, incidental to wall 301–713–1917. final report must be submitted to the replacement and bluff improvement, SUPPLEMENTARY INFORMATION: EFPs are Regional Administrator within 30 days provided the previously mentioned requested and issued under the after receiving comments from NMFS on mitigation, monitoring, and reporting authority of the Magnuson-Stevens the draft final report. If no comments are requirements are incorporated. NMFS Fishery Conservation and Management

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