Federal Register/Vol. 85, No. 122/Wednesday, June 24, 2020
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37848 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices as the temporal or spatial scale of the No incidental take of ESA-listed ACTION: Notice; proposed incidental activities. species is authorized or expected to harassment authorization; request for Table 7 includes the number of takes result from this activity. Therefore, comments on proposed authorization for each species authorized to be taken NMFS has determined that formal and possible renewal. as a result of activities in Year 1 and consultation under section 7 of the ESA Year 2 of this project. Our analysis is not required for this action. SUMMARY: NMFS has received a request from Equinor Wind, LLC (Equinor) for shows that less than one-third of the National Environmental Policy Act best available population abundance authorization to take marine mammals estimate of each stock could be taken by To comply with the National incidental to marine site harassment during each project year. In Environmental Policy Act of 1969 characterization surveys in the Atlantic fact, for each stock, the take authorized (NEPA; 42 U.S.C. 4321 et seq.) and Ocean in the area of the Commercial each year comprises less than five NOAA Administrative Order (NAO) Leases of Submerged Lands for percent of the stock abundance. The 216–6A, NMFS must evaluate our Renewable Energy Development on the number of animals authorized to be proposed action (i.e., the promulgation Outer Continental Shelf (OCS–A 0520 taken for each stock discussed above of regulations and subsequent issuance and OCS–A 0512) and along potential would be considered small relative to of incidental take authorization) and submarine cable routes to a landfall the relevant stock’s abundances even if alternatives with respect to potential location in Massachusetts, Rhode each estimated taking occurred to a new impacts on the human environment. Island, Connecticut, New York or New individual, which is an unlikely This action is consistent with categories Jersey. Pursuant to the Marine Mammal scenario. of activities identified in Categorical Protection Act (MMPA), NMFS is requesting comments on its proposal to Year 1 IHA—Based on the analysis Exclusion B4 of the Companion Manual issue an incidental harassment contained herein of the activity for NAO 216–6A, which do not authorization (IHA) to incidentally take (including the mitigation and individually or cumulatively have the marine mammals during the specified monitoring measures) and the potential for significant impacts on the activities. NMFS is also requesting anticipated take of marine mammals, quality of the human environment and comments on a possible one-year NMFS finds that small numbers of for which we have not identified any renewal that could be issued under marine mammals will be taken relative extraordinary circumstances that would certain circumstances and if all to the population size of the affected preclude this categorical exclusion. requirements are met, as described in species or stocks in Year 1 of the Accordingly, NMFS has determined that Request for Public Comments at the end project. the action qualifies to be categorically of this notice. NMFS will consider Year 2 IHA—Based on the analysis excluded from further NEPA review. public comments prior to making any contained herein of the activity Authorization final decision on the issuance of the (including the mitigation and requested MMPA authorizations and monitoring measures) and the NMFS has issued an IHA to Pacific agency responses will be summarized in anticipated take of marine mammals, Shops, Inc. for the potential harassment the final notice of our decision. NMFS finds that small numbers of of small numbers of six marine mammal marine mammals will be taken relative species incidental to the Alameda DATES: Comments and information must to the population size of the affected Marina Shoreline Improvement Project be received no later than July 24, 2020. species or stocks in Year 2 of the in Alameda, CA, provided the ADDRESSES: Comments should be project. previously mentioned mitigation, addressed to Jolie Harrison, Chief, monitoring and reporting requirements Permits and Conservation Division, Unmitigable Adverse Impact Analysis are followed. Office of Protected Resources, National and Determination Dated: June 19, 2020. Marine Fisheries Service. Physical There are no relevant subsistence uses Donna S. Wieting, comments should be sent to 1315 East- of the affected marine mammal stocks or Director, Office of Protected Resources, West Highway, Silver Spring, MD 20910 species implicated by this action. National Marine Fisheries Service. and electronic comments should be sent Therefore, NMFS has determined that [FR Doc. 2020–13652 Filed 6–23–20; 8:45 am] to [email protected]. the total taking of affected species or BILLING CODE 3510–22–P Instructions: NMFS is not responsible stocks will not have an unmitigable for comments sent by any other method, adverse impact on the availability of to any other address or individual, or such species or stocks for taking for DEPARTMENT OF COMMERCE received after the end of the comment subsistence purposes. period. All comments received are a National Oceanic and Atmospheric part of the public record and will Endangered Species Act Administration generally be posted online at Section 7(a)(2) of the Endangered www.fisheries.noaa.gov/national/ Species Act of 1973 (ESA: 16 U.S.C. [RTID 0648–XR101] marine-mammal-protection/incidental- take-authorizations-other-energy- 1531 et seq.) requires that each Federal Takes of Marine Mammals Incidental to activities-renewable without change. All agency insure that any action it Specified Activities; Taking Marine personal identifying information (e.g., authorizes, funds, or carries out is not Mammals Incidental to Marine Site name, address) voluntarily submitted by likely to jeopardize the continued Characterization Surveys off of the commenter may be publicly existence of any endangered or Massachusetts, Rhode Island, accessible. Do not submit confidential threatened species or result in the Connecticut, New York and New business information or otherwise destruction or adverse modification of Jersey designated critical habitat. To ensure sensitive or protected information. ESA compliance for the issuance of AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: Rob IHAs, NMFS consults internally Service (NMFS), National Oceanic and Pauline, Office of Protected Resources, whenever we propose to authorize take Atmospheric Administration (NOAA), NMFS, (301) 427–8401. Electronic for endangered or threatened species. Commerce. copies of the applications and VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices 37849 supporting documents, as well as a list Companion Manual for NAO 216–6A, The purpose of the proposed surveys of the references cited in this document, which do not individually or is to support the preliminary site may be obtained by visiting the internet cumulatively have the potential for characterization, siting, and engineering at: www.fisheries.noaa.gov/national/ significant impacts on the quality of the design of offshore wind project facilities marine-mammal-protection/incidental- human environment and for which we including wind turbine generators, take-authorizations-other-energy- have not identified any extraordinary offshore substations, and submarine activities-renewable. In case of problems circumstances that would preclude this cables within the Lease Areas and in accessing these documents, please call categorical exclusion. Accordingly, export cable route areas (ECRAs). As the contact listed above. NMFS has preliminarily determined many as two survey vessels may operate SUPPLEMENTARY INFORMATION: that the proposed action qualifies to be concurrently as part of the proposed categorically excluded from further surveys. Underwater sound resulting Background NEPA review. from Equinor’s proposed surveys has The MMPA prohibits the ‘‘take’’ of Information in Equinor’s application the potential to result in the incidental marine mammals, with certain and this notice collectively provide the take of marine mammals in the form of exceptions. Sections 101(a)(5)(A) and environmental information related to behavioral harassment. (D) of the MMPA (16 U.S.C. 1361 et proposed issuance of these regulations Dates and Duration seq.) direct the Secretary of Commerce and subsequent incidental take (as delegated to NMFS) to allow, upon authorization for public review and The estimated duration of the HRG request, the incidental, but not comment. We will review all comments surveys is expected to be up to 218 total intentional, taking of small numbers of submitted in response to this notice days over the course of one year. marine mammals by U.S. citizens who prior to concluding our NEPA process Geotechnical sampling is anticipated to engage in a specified activity (other than or making a final decision on the occur for a total of 135 days over the commercial fishing) within a specified request for incidental take course of one year. This schedule is geographical region if certain findings authorization. based on 24-hour operations and are made and either regulations are includes potential down time due to issued or, if the taking is limited to Summary of Request inclement weather. harassment, a notice of a proposed On January