sign in sign up
<<
Home , Atlantic salmon, Sturgeon

Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices 21413

than military readiness activities. The subsistence users; or (iii) Placing western DPS critical MMPA does not define small numbers physical barriers between the marine habitat. As noted above, the proposed and so, in practice, where estimated mammals and the subsistence hunters; humpback critical habitat has not numbers are available, NMFS compares and (2) That cannot be sufficiently yet been finalized. the number of individuals taken to the mitigated by other measures to increase National Environmental Policy Act most appropriate estimation of the availability of marine mammals to abundance of the relevant species or allow subsistence needs to be met. To comply with the National stock in our determination of whether The project is in an area where Environmental Policy Act of 1969 an authorization is limited to small subsistence hunting for harbor seals or (NEPA; 42 U.S.C. 4321 et seq.) and numbers of marine mammals. sea lions could occur (Wolfe et al. 2013). NOAA Administrative Order (NAO) Additionally, other qualitative factors Peak hunting season in southeast Alaska 216–6A, NMFS must review our action may be considered in the analysis, such occurs during the month of November (i.e., the issuance of an incidental as the temporal or spatial scale of the and again during March and April. harassment authorization) with respect activities. During this time, seals are aggregated in to potential impacts on the human The number of takes for each species shoal areas as they prey on forage environment. authorized to be taken as a result of this species such as , making them This action is consistent with project is included in Table 7. Our easier to find and hunt (Wolfe et al. categories of activities identified in analysis shows that less than one-third 2013). However, the project location is Categorical Exclusion B4 (incidental of the best available population not preferred for hunting. There is little- harassment authorizations with no abundance estimate of each stock could to-no hunting documented in the anticipated serious injury or mortality) be taken by harassment. Furthermore, vicinity and there are no harvest quotas of the Companion Manual for NOAA these percentages conservatively assume for non-listed marine mammals. As Administrative Order 216–6A, which do that all takes of killer whale will be such, the Old Sitka Dock North not individually or cumulatively have accrued to a single stock, when multiple Expansion Project is not the potential for significant impacts on stocks are known to occur in the project expected to have impacts on the ability the quality of the human environment area. For the Alaska stock of minke of hunters from southeast Alaska and for which we have not identified whale, a lack of an accepted stock subsistence communities to harvest any extraordinary circumstances that abundance value did not allow for the marine mammals. Additionally, HPMS would preclude this categorical calculation of an expected percentage of contacted the Sitka Tribe of Alaska, but exclusion. Accordingly, NMFS has the population that will be affected. The they did not raise any concerns determined that the issuance of the IHA most relevant estimate of partial stock regarding subsistence impacts. qualifies to be categorically excluded abundance is 1,233 minke for a Therefore, NMFS has determined that from further NEPA review. portion of the Gulf of Alaska (Zerbini et there will not be an unmitigable adverse al. 2006). Given three takes by Level B impact on subsistence uses from Authorization harassment for the stock, comparison to HPMS’s activities. NMFS has issued an IHA to the best estimate of stock abundance Point Marine Services LLC for the Endangered Species Act (ESA) shows less than one percent of the stock potential harassment of small numbers is expected to be impacted. The number Section 7(a)(2) of the Endangered of seven marine mammal species of authorized to be taken for Species Act of 1973 (ESA: 16 U.S.C. incidental to the Old Sitka Dock North these stocks is considered small relative 1531 et seq.) requires that each Federal Dolphins Expansion project in Sitka, to the relevant stock’s abundances even agency insure that any action it Alaska, provided the previously if each estimated taking occurred to a authorizes, funds, or carries out is not mentioned mitigation, monitoring and new individual, which is an unlikely likely to jeopardize the continued reporting requirements are conducted. existence of any endangered or scenario. Dated: April 13, 2020. Based on the analysis contained threatened species or result in the Donna S. Wieting, herein of the activity (including the destruction or adverse modification of mitigation and monitoring measures) designated critical habitat. To ensure Director, Office of Protected Resources, National Marine Service. and the anticipated take of marine ESA compliance for the issuance of mammals, NMFS finds that small IHAs, NMFS consults internally, in this [FR Doc. 2020–08085 Filed 4–16–20; 8:45 am] numbers of marine mammals will be case with the Alaska Region, Protected BILLING CODE 3510–22–P taken relative to the population size of Resources Division Office, whenever we the affected species or stocks. propose to authorize take for endangered or threatened species. DEPARTMENT OF COMMERCE Unmitigable Adverse Impact Analysis Two marine mammal species, Mexico National Oceanic and Atmospheric and Determination DPS humpback whales and Western Administration In order to issue an IHA, NMFS must DPS Steller sea lions, occur in the find that the specified activity will not project area and are listed as threatened [RTID 0648–XA107] have an ‘‘unmitigable adverse impact’’ and endangered, respectively, under the on the subsistence uses of the affected ESA. The NMFS Alaska Regional Office Endangered Species; File No. 23861 marine mammal species or stocks by Protected Resources Division issued a AGENCY: National Marine Fisheries Alaskan Natives. NMFS has defined Biological Opinion under section 7 of Service (NMFS), National Oceanic and ‘‘unmitigable adverse impact’’ in 50 CFR the ESA, on the issuance of an IHA to Atmospheric Administration (NOAA), 216.103 as an impact resulting from the HPMS under section 101(a)(5)(D) of the Commerce. specified activity: (1) That is likely to MMPA by the NMFS Permits and ACTION: Notice; receipt of application. reduce the availability of the species to Conservation Division. The Biological a level insufficient for a harvest to meet Opinion concluded that the action is not SUMMARY: Notice is hereby given that subsistence needs by: (i) Causing the likely to jeopardize the continued Midwest Biodiversity Institute (MBI) marine mammals to abandon or avoid existence of either species, and is not has applied in due form for a permit hunting areas; (ii) Directly displacing likely to destroy or adversely modify pursuant to the Endangered Species Act

VerDate Sep<11>2014 18:19 Apr 16, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 jbell on DSKJLSW7X2PROD with NOTICES 21414 Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices

of 1973, as amended (ESA). The permit and consider them. Comments sent by 10(a)(1)(B) of the ESA. MBI is requesting application is for the incidental take of any other method, to any other address a total annual incidental take of four ESA-listed shortnose or individual, or received after the end Atlantic , four ( brevirostrum), Gulf of Main of the comment period may not be and five for a permit Distinct population segment (GOM DPS) considered. All comments received are duration of 10-. Atlantic sturgeon, or the New York a part of the public record and will Conservation Plan Bight (NYB DPS) of Atlantic sturgeon. generally be posted for public viewing (A. oxyrinchus) and the GOM DPS on http://www.regulations.gov without Section 10 of the ESA specifies that ( salar) change. All personal identifying no permit may be issued unless an associated with the otherwise lawful information (e.g., name, address, etc.) applicant submits an adequate sampling of non-ESA listed in the confidential business information, or conservation plan. The conservation Lower . The duration of otherwise sensitive information plan prepared by MBI describes the proposed permit is 10 years. NMFS submitted voluntarily by the sender will measures designed to minimize and is furnishing this notice in order to be publicly accessible. We will accept mitigate the impacts of any incidental allow other agencies and the public an anonymous comments (enter ‘‘N/A’’ in take of ESA-listed shortnose sturgeon, opportunity to review and comment on the required fields if you wish to remain Atlantic sturgeon and Atlantic salmon. the application materials. All comments anonymous). To avoid and minimize take of ESA listed species, MBI will: (1) Only sample received will become part of the public FOR FURTHER INFORMATION CONTACT: during the late summer and early fall to record and will be available for review. Celeste Stout, Phone: (301) 427–8436 or avoid potential risk to early life stages An electronic copy of the revised Email: [email protected]. and juveniles, as these life stages of application and proposed conservation SUPPLEMENTARY INFORMATION: Section 9 plan may be obtained by contacting shortnose and Atlantic sturgeon species of the ESA and Federal regulations are not present in the river during that NMFS Office of Protected Resources prohibit the ‘taking’ of a species listed (see FOR FURTHER INFORMATION CONTACT) time period. There is no risk to Atlantic as endangered or threatened. The ESA salmon early life stages because or visiting https:// defines ‘‘take’’ to mean harass, harm, www.fisheries.noaa.gov/action/ spawning and rearing occurs in pursue, hunt, shoot, wound, kill, trap, tributaries well outside of the proposed incidental-take-permit-midwest- capture, or collect, or to attempt to biodiversity-institute. study area. (2) MBI will notify NOAA, engage in any such conduct. NMFS may Department of Marine Resources DATES: Written comments must be issue permits, under limited (DMR) and Maine Department of Inland received at the appropriate address or circumstances to take listed species Fisheries & Wildlife (IF&W) at least one fax number (see ADDRESSES) on or before incidental to, and not the purpose of, week prior to any planned sampling May 18, 2020. otherwise lawful activities. Section activities. The notification will include ADDRESSES: The application is available 10(a)(1)(B) of the ESA provides for a general schedule and inclusive dates for download and review at https:// authorizing incidental take of listed of sampling. (3) All MBI and www.fisheries.noaa.gov/action/ species. NMFS regulations governing accompanying non-MBI personnel incidental-take-permit-midwest- permits for threatened and endangered conducting the sampling will have biodiversity-institute under the section species are promulgated at 50 CFR received appropriate training in heading ESA Section 10(a)(1)(B) Permits 222.307. electrofishing and in the identification and Applications. The application is Background of listed species. At the start of each also available upon written request or sampling day, each crewmember will by appointment in the following office: NMFS received a permit application receive instruction about the procedures Endangered Species Conservation from MBI on January 31, 2020. Based on to follow if a listed species is Division, Office of Protected Resources, our initial review of the application and encountered. (4) The conduct of NMFS, 1315 East-West Highway, Room conservation plan, we requested further sampling and operation of the 13752, Silver Spring, MD 20910; phone information and clarification. On March electrofishing gear will be done in a (301) 427–8402; fax (301) 713–4060. 30, 2020, MBI submitted a revised and manner that minimizes the potential for You may submit comments, identified complete application for the take of injury or mortality of listed species. (4a) by NOAA–NMFS–2020–0059, by any of ESA-listed shortnose sturgeon, Atlantic The electric current and the sampling the following methods: sturgeon and Atlantic salmon due to the activity will immediately cease upon an • Electronic Submissions: Submit all sampling of non-ESA listed fish in the encounter with a listed species. Affected electronic public comments via the Lower Kennebec River. MBI proposes to fish will not be netted, touched, or Federal eRulemaking Portal. Go to continue an 18 yearlong (2002–19) handled. Species identification and www.regulations.gov/#!docketDetail; systematic assessment of the fish estimation of length will be made D=NOAA-NMFS-2020-0059 click the assemblages at seven sites in an visually. To minimize effects to Atlantic ‘‘Comment Now’’ icon, complete the approximate 17.5 mile (28.2 km) reach salmon, sampling will not be conducted required fields, and enter or attach your of the Lower Kennebec River and three when ambient water temperature is comments. sites in a 6 mile (9.7 km) reach of the >22°C (per Maine DMR specifications). • Fax: (301) 713–4060; Attn: Celeste . MBI will conduct (4b) Sampling activities will cease and Stout. boat electrofishing where electric the electric current will be shut off for • Mail: Submit written comments to current is generated by a Smith-Root a period of 5 minutes or until the Endangered Species Conservation Generator Powered Pulsator and individual fish is observed to have Division, Office of Protected Resources, transmitted into the water by an departed the area. The physical NMFS, 1315 East-West Highway, Room electrode array suspended from the bow condition of the fish will be recorded, 13631, Silver Spring, MD 20910; Attn: of 16–18 foot long (25–29 km) jon boats including their reaction to the electric Celeste Stout. or a 16 foot long inflatable Wing raft. field and whether they were able to Instructions: You must submit NMFS determined that the application leave the area under their own power. comments by one of the above methods contained sufficient information for (5) Any encounter with a listed species to ensure that we receive, document, review and consideration under section will be promptly reported to the Office

VerDate Sep<11>2014 18:19 Apr 16, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices 21415

of Protected Recourses, Endangered Dated: April 13, 2020. substantial number of small entities. Species Conservation Division. Angela Somma, The major factors considered for this MBI considered and rejected other Chief, Endangered Species Conservation certification were: gear alternatives to conduct the Division, Office of Protected Resources, 1. The action will not result in any National Marine Fisheries Service. sampling because the alternative means additional reporting, recordkeeping or of sampling the study area are too [FR Doc. 2020–08092 Filed 4–16–20; 8:45 am] other compliance requirements for small resource intensive and cost-ineffective BILLING CODE 3510–22–P entities other than the small compared to the single gear of boat- organizations that will furnish the mounted pulsed direct current (DC) products to the Government. electrofishing. Other possible COMMITTEE FOR PURCHASE FROM 2. The action will result in alternatives would require the direct PEOPLE WHO ARE BLIND OR authorizing small entities to furnish the handling of listed species and thus SEVERELY DISABLED products to the Government. 3. There are no known regulatory increase the risk of injury or mortality Procurement List; Additions and alternatives which would accomplish to the fish. MBI believes that Deletions combination of that risk and the the objectives of the Javits-Wagner- comparative inefficiency and AGENCY: Committee for Purchase From O’Day Act (41 U.S.C. 8501–8506) in ineffectiveness of alternate fish People Who Are Blind or Severely connection with the products proposed collecting gear types makes boat- Disabled. for addition to the Procurement List. mounted pulsed DC electrofishing the ACTION: Additions to and Deletions from End of Certification safest and most effective sampling the Procurement List. method available. Accordingly, the following products SUMMARY: This action adds products to are added to the Procurement List: At present, the project is funded by the Procurement List that will be MBI research and development funds, furnished by nonprofit agencies Products but MBI continues to seek external employing persons who are blind or NSNs—Product Names: funding. This project has been ongoing have other severe disabilities, and 7490–00–NIB–0054—Scale, Shipping, for 18 years and is one of the longest deletes products and services from the Digital, 25 LB. Capacity, Black/Metallic running biological monitoring projects Mandatory Source of Supply: Asso. for the Procurement List previously furnished Blind and Visually Impaired-Goodwill in New and the only sustained by such agencies. Industries of Greater Rochester, Inc., effort that focuses on large river fish DATES: Date added to and deleted from Rochester, NY assemblages. the Procurement List: May 17, 2020. Mandatory For: Total Government Requirement National Environmental Policy Act ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Contracting Activity: FEDERAL Issuing an ESA section 10(a)(1)(B) Disabled, 1401 S. Clark Street, Suite ACQUISITION SERVICE, GSA/FAS ADMIN SVCS ACQUISITION BR(2 permit constitutes a Federal action 715, Arlington, Virginia, 22202–4149. NSNs—Product Names: requiring NMFS to comply with the FOR FURTHER INFORMATION CONTACT: 8405–01–683–2301—Shirt, Army Green National Environmental Policy Act Michael R. Jurkowski, Telephone: (703) Service Uniform, Men’s, Frch Plkt, S/S, (NEPA; 42 U.S.C. 4321 et seq.) as 603–2117, Fax: (703) 603–0655, or email Classic Fit, Heritage Tan, 16 T implemented by 40 CFR parts 1500– [email protected]. 8405–01–683–2308—Shirt, Army Green 1508 and NOAA Administrative Order SUPPLEMENTARY INFORMATION: This Service Uniform, Men’s, Frch Plkt, S/S, 216–6, Environmental Review notice is published pursuant to 41 Classic Fit, Heritage Tan, 16 1/2 T 8405–01–683–2316—Shirt, Army Green Procedures for Implementing the U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Service Uniform, Men’s, Frch Plkt, S/S, National Policy Act (1999). An initial purpose is to provide interested persons Classic Fit, Heritage Tan, 17 T determination has been made, by an opportunity to submit comments on 8405–01–683–2330—Shirt, Army Green NMFS, that the activity proposed is the proposed actions. Service Uniform, Men’s, Frch Plkt, S/S, Classic Fit, Heritage Tan, 18 1/2 T categorically excluded from the Additions requirement to prepare an 8405–01–683–2325—Shirt, Army Green environmental assessment or On 9/6/2019 and 3/6/2020, the Service Uniform, Men’s, Frch Plkt, S/S, environmental impact statement. Committee for Purchase From People Classic Fit, Heritage Tan, 18 T Who Are Blind or Severely Disabled 8405–01–683–2335—Shirt, Army Green Next Steps published notice of proposed additions Service Uniform, Men’s, Frch Plkt, S/S, to the Procurement List. This notice is Classic Fit, Heritage Tan, 19 T 8405–01–683–2522—Shirt, Army Green This notice is provided pursuant to published pursuant to 41 U.S.C. 8503 section 10(c) of the ESA. NMFS will Service Uniform, Men’s, Frch Plkt, S/S, (a)(2) and 41 CFR 51–2.3. Athletic Fit, Heritage Tan, 15 1/2 evaluate the application, associated After consideration of the material documents, and comments received 8405–01–683–2567—Shirt, Army Green presented to it concerning capability of Service Uniform, Men’s, Frch Plkt, S/S, during the comment period to qualified nonprofit agencies to provide Athletic Fit, Heritage Tan, 16 determine whether the application the products and impact of the 8405–01–683–2574—Shirt, Army Green meets the requirements of section 10(a) additions on the current or most recent Service Uniform, Men’s, Frch Plkt, S/S, of the ESA. If NMFS determines that the contractors, the Committee has Athletic Fit, Heritage Tan, 16 1/2 requirements are met, a permit will be determined that the products listed 8405–01–683–2579—Shirt, Army Green issued for incidental takes of ESA-listed Service Uniform, Men’s, Frch Plkt, S/S, below are suitable for procurement by Athletic Fit, Heritage Tan, 17 shortnose and Atlantic sturgeon and the Federal Government under 41 U.S.C. Atlantic salmon. The final NEPA and 8405–01–683–2582—Shirt, Army Green 8501–8506 and 41 CFR 51–2.4. Service Uniform, Men’s, Frch Plkt, S/S, permit determinations will not be made Regulatory Flexibility Act Certification Athletic Fit, Heritage Tan, 17 1/2 until after the end of the comment 8405–01–683–2585—Shirt, Army Green period. NMFS will publish a record of I certify that the following action will Service Uniform, Men’s, Frch Plkt, S/S, its final action in the Federal Register. not have a significant impact on a Athletic Fit, Heritage Tan, 18 1/2

VerDate Sep<11>2014 18:19 Apr 16, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 jbell on DSKJLSW7X2PROD with NOTICES