Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, 77013-77014 [E8-30107]
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
and issued a Finding of No Significant
Impact (FONSI).
For this proposed action, PRBO has
requested to incidentally harass 20
Steller sea lions, (i.e., 4 more than what
was analyzed in the 2007 EA, which
expands the scope of the previously
analyzed action) during the conduct of
pinniped and seabird research. Thus,
NMFS has prepared a supplemental EA
(SEA) to address new available
information regarding the effects of
PRBO’s seabird and pinniped research
activities that may have cumulative
impacts to the physical and biological
environment. NMFS has issued a FONSI
for the SEA regarding PRBO’s activities.
The analysis in the 2007 EA and 2008
SEA concluded that issuance of an IHA
would not significantly affect the
quality of the human environment. In
addition, all beneficial and adverse
impacts of the action have been
addressed to reach the conclusion of no
significant impacts. Accordingly,
preparation of an Environmental Impact
Statement for this action is not
necessary.
Monitoring
PRBO researchers, and their designees
would: (1) record the date, time, and
location (or closest point of ingress) of
each visit; (2) record marine mammal
behavior patterns observed before,
during, and after the activities; (3)
record the number of Steller sea lions
present at each location; (4) if
applicable, note the presence of any
offshore predators (date, time, number,
species).
Reporting
PRBO, and its designees, will submit
a draft final report to NMFS within 90
days after the expiration of the IHA and
will submit a final report to NMFS
within 30 days after receiving comments
from NMFS on the draft final report.
mstockstill on PROD1PC66 with NOTICES
great white sharks or killer whales are
seen in the area, and if predators are
seen, eastern Steller sea lions must not
be disturbed until the area is free of
predators; (9) keep voices hushed and
bodies low in the visual presence of
pinnipeds; (10) conduct seabird
observations at North Landing on
Southeast Farallon Island within an
observation blind to remain shielded
from the view of hauled out pinnipeds;
(11) crawl slowly towards seabird
nesting boxes on Ano Nuevo Island if
pinnipeds are within the researchers’
field of vision; (12) coordinate visits for
seabird and pinniped research to
intertidal areas of Southeast Farallon
Island to reduce potential take; (13)
coordinate all research goals on Ano
Nuevo Island to minimize the number of
trips to the island and coordinate
monitoring schedules so that areas near
any pinnipeds would be accessed only
once per visit; and (14) the lead
biologist will serve as an observer to
evaluate incidental take and halt any
research activities should the potential
for incidental take become too great.
Endangered Species Act (ESA)
NMFS Headquarters’ Office of
Protected Resources, Permits,
Conservation, and Education Division
conducted a section 7 consultation
under the ESA with the NMFS
Headquarters’ Office of Protected
Resources, Endangered Species
Division. On November 18, 2008, NMFS
issued a Biological Opinion and
concluded that the issuance of an IHA
is likely to affect, but not likely to
jeopardize the continued existence of
Steller sea lions. NMFS has also issued
an incidental take statement (ITS) for
Steller sea lions pursuant to section 7 of
the ESA. The ITS contains reasonable
and prudent measures for implementing
terms and conditions to minimize the
effects of this take.
National Environmental Policy Act
(NEPA)
In 2007, NMFS prepared a draft
Environmental Assessment (EA) on the
issuance of an IHA to PRBO to take
marine mammals by Level B behavioral
harassment incidental to conducting
seabird research in central California.
The draft EA was released for public
review and comment along with the
application and the proposed IHA (72
FR 41294, July 27, 2007). All comments
were addressed in full in the Federal
Register Notice of Issuance of an IHA
for PRBO (72 FR 71121, December 14,
2007). At that time, NMFS determined
that conducting the seabird research
would not have a significant impact on
the quality of the human environment
Determinations
For the reasons discussed in this
document and in the identified
supporting documents, NMFS has
determined that the impact of seabird
and pinniped research operations on
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore in central California would
result in Level B behavioral harassment
only, of small numbers of California sea
lions, Pacific harbor seals, northern
elephant seals, and Steller sea lions
hauled out in the vicinity of the
research area; and would have a
negligible impact on the affected
species. The provision requiring that the
activities not have an unmitigable
adverse impact on the availability of the
VerDate Aug<31>2005
17:51 Dec 17, 2008
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Frm 00014
Fmt 4703
Sfmt 4703
77013
affected species or stock for subsistence
uses does not apply for this proposed
action.
In addition, no take by Level A
harassment (injury) or death is
anticipated and harassment takes
should be at the lowest level practicable
due to incorporation of the mitigation
measures described in this document.
Authorization
NMFS has issued an IHA to PRBO,
and its designees, for the potential
harassment of small numbers of
California sea lions, harbor seals,
northern elephant seals, and Steller sea
lions incidental to conducting of seabird
and pinniped research on Southeast
Farallon Island, Ano Nuevo Island, and
Point Reyes National Seashore,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30108 Filed 12–17–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AX32
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage
Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
rulemaking and subsequent letter of
authorization; request for comments and
information.
SUMMARY: NMFS has received a request
from the Port of Anchorage (Port) and
the U.S. Department of Transportation
Maritime Administration (MARAD) for
authorization to take marine mammals
incidental to the Port’s Marine Terminal
Redevelopment Project (Project) for the
period of July 2009 through July 2014.
Pursuant to Marine Mammal Protection
Act (MMPA) implementing regulations,
NMFS is announcing receipt of the
Port’s request for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on the Port’s application and request.
E:\FR\FM\18DEN1.SGM
18DEN1
77014
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
DATES: Comments and information must
be received no later than January 20,
2009.
ADDRESSES: Comments on the
application should be addressed to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910-3225. The mailbox address for
providing email comments is PR1.0648AX32@noaa.gov. Comments sent via email, including all attachments, must
not exceed a 10-megabyte file size.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713–2289.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Port’s application may
be obtained by writing to the address
specified above (see ADDRESSES),
telephoning the contact listed above (see
FOR FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#application.
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of marine
mammals by U.S. citizens who engage
in a specified activity (other than
commercial fishing) if certain findings
are made and regulations are issued or,
if the taking is limited to harassment,
notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
certain subsistence uses, and if the
permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such taking are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
mstockstill on PROD1PC66 with NOTICES
an impact resulting from the specified
activity that cannot be reasonably expected
to, and is not reasonably likely to, adversely
affect the species or stock through effects on
annual rates of recruitment or
survival.Summary of Request
Summary of Request
On November 20, 2008, NMFS
received an application from the Port
and MARAD requesting authorization
for the take of four species of marine
mammals incidental to construction
VerDate Aug<31>2005
17:51 Dec 17, 2008
Jkt 217001
activities related to Port expansion, over
the course of 5 years. According to the
application, the existing dock can no
longer be widened nor salvaged due to
its advanced age and state of disrepair.
The dock supporting the three cranes
today was completed in 1961 and its
projected life expectancy was 25-30
years. Construction necessitates use of
impact and vibratory pile drivers to
install open cell sheet, 36 inch steal,
and H- piles to construct the waterfront
bulkhead structure that will facilitate
increased dock space and the fendering
system. In-water pile driving would
occur during spring, summer, and fall
months, annually, until the new port is
completed. Demolition involving a
chipping hammer is the likely method
for removing the present dock; however,
blasting may also be required.
The new dock face will include 7,430
ft (2,265 m) of vertical sheet pile wharf
and 470 ft (143 m) for a dry barge berth;
however, the entire sheet pile wall will
extend 9,893 ft (3,015 m) parallel to the
shore. The completed marine terminal
will include seven modern dedicated
ship berths; two dedicated barge berths;
rail access; modern shore-side facilities;
equipment to accommodate cruise
passengers, cement bulk, roll on/roll off
and load on/load off cargo, containers,
general cargo, Stryker Brigade Combat
Team deployments, general cargo on
barges, and petroleum, oils, and
lubricants; and additional land area to
support expanding military and
commercial operations.
Harassment to marine mammals could
occur from in-water pile driving and
during demolition of the existing dock.
In 2008, NMFS issued the Port and
MARAD a one-year Incidental
Harassment Authorization (IHA)
authorizing harassment of Cook Inlet
beluga whales (Delphinapterus leucas),
harbor porpoises (Phocoena phocoena),
killer whales (Orcinus orca), and harbor
seals (Phoca vitulina). Included in the
conditions are mitigation and
monitoring measures. Monitoring
reports collected under this IHA will
provide valuable marine mammal,
specifically beluga whale, presence/
absence, temporal, group size and
composition, and behavioral data as
well as any observed effects from
exposure to pile driving noise.
NMFS prepared an Environmental
Assessment on the Issuance of an
Incidental Harassment Authorization
and Subsequent Rulemaking for Take of
Small Numbers of Marine Mammals
Incidental to the Port of Anchorage
Terminal Redevelopment Project,
Anchorage, Alaska for its issuance of
the 2008 IHA, which analyzes and
discusses potential impacts on marine
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
mammals and their habitat from the
specified activity. In summary,
harassment from pile driving associated
with the Project may result in shortterm, mild to moderate behavioral and
physiological responses but will not
exceed Level B harassment due to
animals’ natural reaction to avoid loud
sounds and implementation of
mitigation measures (e.g., mandatory
shut downs). Anticipated behavioral
reactions of marine mammals include
altered headings, fast swimming,
changes in dive, surfacing, respiration,
and feeding patterns, and changes in
vocalizations. Physiologically, increased
stress hormone production may occur.
In its analysis for issuance of the IHA,
NMFS determined harassment would be
limited to Level B, will have a negligible
impact on affected marine mammal
species or stocks, and will not have an
unmitigable adverse impact on the
availability of such species or stock for
taking for subsistence purposes. To date,
monitoring reports have indicated no
adverse reactions or abrupt change in
behavior of beluga whales to in-water
pile driving operations.
Demolition activities will also be
subject to monitoring and mitigation
measuresthat are likely to be similar to
those for pile driving (e.g.,
establishment of safety zones, shut
down procedures, etc.). NMFS intends
to prepare a supplemental EA to analyze
impacts from demolition and
establishment of modified, extended
safety and harassment isopleths, as
determined from the 2008 acoustic
study conducted by the Port.
A detailed description of the Project
can be found in the application and the
NMFS prepared EA. These documents
can be found at https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Port’s and MARAD’s
request (see ADDRESSES). All
information, suggestions, and comments
related to the request and NMFS’
development and implementation of
regulations governing the incidental
taking of marine mammals by the Port
will be considered by NMFS in
developing, if appropriate, regulations
governing the issuance of letters of
authorization.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30107 Filed 12–17–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77013-77014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30107]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-AX32
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for rulemaking and subsequent
letter of authorization; request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Port of Anchorage (Port)
and the U.S. Department of Transportation Maritime Administration
(MARAD) for authorization to take marine mammals incidental to the
Port's Marine Terminal Redevelopment Project (Project) for the period
of July 2009 through July 2014. Pursuant to Marine Mammal Protection
Act (MMPA) implementing regulations, NMFS is announcing receipt of the
Port's request for the development and implementation of regulations
governing the incidental taking of marine mammals and inviting
information, suggestions, and comments on the Port's application and
request.
[[Page 77014]]
DATES: Comments and information must be received no later than January
20, 2009.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing email comments is PR1.0648-AX32@noaa.gov. Comments sent
via e-mail, including all attachments, must not exceed a 10-megabyte
file size.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Port's application may be obtained by writing to the
address specified above (see ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#application.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) if certain findings are made and regulations are issued or, if
the taking is limited to harassment, notice of a proposed authorization
is provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses,
and if the permissible methods of taking and requirements pertaining to
the mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.Summary of Request
Summary of Request
On November 20, 2008, NMFS received an application from the Port
and MARAD requesting authorization for the take of four species of
marine mammals incidental to construction activities related to Port
expansion, over the course of 5 years. According to the application,
the existing dock can no longer be widened nor salvaged due to its
advanced age and state of disrepair. The dock supporting the three
cranes today was completed in 1961 and its projected life expectancy
was 25-30 years. Construction necessitates use of impact and vibratory
pile drivers to install open cell sheet, 36 inch steal, and H- piles to
construct the waterfront bulkhead structure that will facilitate
increased dock space and the fendering system. In-water pile driving
would occur during spring, summer, and fall months, annually, until the
new port is completed. Demolition involving a chipping hammer is the
likely method for removing the present dock; however, blasting may also
be required.
The new dock face will include 7,430 ft (2,265 m) of vertical sheet
pile wharf and 470 ft (143 m) for a dry barge berth; however, the
entire sheet pile wall will extend 9,893 ft (3,015 m) parallel to the
shore. The completed marine terminal will include seven modern
dedicated ship berths; two dedicated barge berths; rail access; modern
shore-side facilities; equipment to accommodate cruise passengers,
cement bulk, roll on/roll off and load on/load off cargo, containers,
general cargo, Stryker Brigade Combat Team deployments, general cargo
on barges, and petroleum, oils, and lubricants; and additional land
area to support expanding military and commercial operations.
Harassment to marine mammals could occur from in-water pile driving
and during demolition of the existing dock. In 2008, NMFS issued the
Port and MARAD a one-year Incidental Harassment Authorization (IHA)
authorizing harassment of Cook Inlet beluga whales (Delphinapterus
leucas), harbor porpoises (Phocoena phocoena), killer whales (Orcinus
orca), and harbor seals (Phoca vitulina). Included in the conditions
are mitigation and monitoring measures. Monitoring reports collected
under this IHA will provide valuable marine mammal, specifically beluga
whale, presence/absence, temporal, group size and composition, and
behavioral data as well as any observed effects from exposure to pile
driving noise.
NMFS prepared an Environmental Assessment on the Issuance of an
Incidental Harassment Authorization and Subsequent Rulemaking for Take
of Small Numbers of Marine Mammals Incidental to the Port of Anchorage
Terminal Redevelopment Project, Anchorage, Alaska for its issuance of
the 2008 IHA, which analyzes and discusses potential impacts on marine
mammals and their habitat from the specified activity. In summary,
harassment from pile driving associated with the Project may result in
short-term, mild to moderate behavioral and physiological responses but
will not exceed Level B harassment due to animals' natural reaction to
avoid loud sounds and implementation of mitigation measures (e.g.,
mandatory shut downs). Anticipated behavioral reactions of marine
mammals include altered headings, fast swimming, changes in dive,
surfacing, respiration, and feeding patterns, and changes in
vocalizations. Physiologically, increased stress hormone production may
occur. In its analysis for issuance of the IHA, NMFS determined
harassment would be limited to Level B, will have a negligible impact
on affected marine mammal species or stocks, and will not have an
unmitigable adverse impact on the availability of such species or stock
for taking for subsistence purposes. To date, monitoring reports have
indicated no adverse reactions or abrupt change in behavior of beluga
whales to in-water pile driving operations.
Demolition activities will also be subject to monitoring and
mitigation measuresthat are likely to be similar to those for pile
driving (e.g., establishment of safety zones, shut down procedures,
etc.). NMFS intends to prepare a supplemental EA to analyze impacts
from demolition and establishment of modified, extended safety and
harassment isopleths, as determined from the 2008 acoustic study
conducted by the Port.
A detailed description of the Project can be found in the
application and the NMFS prepared EA. These documents can be found at
https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Port's and MARAD's request (see ADDRESSES). All
information, suggestions, and comments related to the request and NMFS'
development and implementation of regulations governing the incidental
taking of marine mammals by the Port will be considered by NMFS in
developing, if appropriate, regulations governing the issuance of
letters of authorization.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-30107 Filed 12-17-08; 8:45 am]
BILLING CODE 3510-22-S
