Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, 38465-38467 [2010-16189]
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Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
Committees will be held on Friday July
30, 2010 from 8:30 a.m. to 5 p.m.
All meetings will be held at
the Hilton Baltimore, 401 West Pratt
Street, Baltimore, MD 21201; telephone:
(410) 573–8700.
Council address: Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Fishery Management
Council, 800 North State Street, Suite
201, Dover, DE 19901; telephone: (302)
674–2331, extension 255.
The
agenda items for SSC meeting include:
(1) review stock assessment information
and specify overfishing level and
acceptable biological (ABC) for summer
flounder, scup, black sea bass and
bluefish for 2011; (2) review and
comment on proposed 2011 quota
specifications and management
measures for summer flounder, scup,
black sea bass and bluefish for 2011; (3)
review Management Strategy Evaluation
study; (4) discuss potential role of
Industry Advisors in determining of
OFL and ABC, especially in data poor
situations.
The topics to be discussed at the
Summer Flounder, Scup, Black Sea Bass
and Bluefish Monitoring Committees
include 2011 annual quota
recommendations and associated
management measures for summer
flounder, scup, black sea bass and
bluefish.
Although non-emergency issues not
contained in this agenda may come
before these groups for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
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Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to M.
Jan Saunders at the Mid-Atlantic
Council Office, (302) 526–5251, at least
5 days prior to the meeting date.
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Dated: June 29, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–16158 Filed 7–1–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XQ80
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage
Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of issuance of a Letter
of Authorization.
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA), as amended and implementing
regulations, notification is hereby given
that the National Marine Fisheries
Service (NMFS) has issued a Letter of
Authorization (LOA) to the Port of
Anchorage (POA) and the U.S.
Department of Transportation Maritime
Administration (MARAD), to take four
species of marine mammals incidental
to the POA’s Marine Terminal
Redevelopment Project (MTRP).
DATES: Effective July 15, 2010, through
July 14, 2011.
ADDRESSES: The LOA and supporting
documentation are available for review
by writing to P. Michael Payne, Chief,
Permits, Conservation, and Education
Division, Office of Protected Resources,
National Marine Fisheries Service
(NMFS), 1315 East-West Highway,
Silver Spring, MD 20910–3225 or by
telephoning one of the contacts listed
below. Documents cited in this notice
may be viewed, by appointment, during
regular business hours, at the
aforementioned address and at the
Alaska Regional Office, 222 West 7th
Avenue, Anchorage, AK 99513.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly or Brian D. Hopper, Office
of Protected Resources, NMFS, (301)
713–2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the National
Marine Fisheries Service (NMFS) to
allow, upon request, the incidental, but
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38465
not intentional, taking of small numbers
of marine mammals by U.S. citizens
who engage in a specified activity (other
than commercial fishing) within a
specified geographical region if certain
findings are made and regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture, or
kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Authorization may be granted for
periods up to 5 years if NMFS finds,
after notification and opportunity for
public comment, that the taking will
have a negligible impact on the species
or stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses. In
addition, NMFS must prescribe
regulations that include permissible
methods of taking and other means of
effecting the least practicable adverse
impact on the species and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
the species for subsistence uses. The
regulations must include requirements
for monitoring and reporting of such
taking.
Regulations governing the taking of
Cook Inlet beluga whales
(Delphinapterus leucas), harbor
porpoises (Phocoena phocoena), killer
whales (Orcinus orca), and harbor seals
(Phoca vitulina), by Level B harassment,
incidental to in-water pile driving were
issued on July 15, 2009 (74 FR 35136),
and remain in effect until July 14, 2014.
These regulations may be found in 50
CFR 217 subpart U. For detailed
information on this action, please refer
to that document. These regulations
include mitigation, monitoring, and
reporting requirements for the
incidental take of marine mammals
during the specified activity.
Summary of Request
On April 23, 2010, NMFS received a
request for an LOA renewal pursuant to
the aforementioned regulations that
would authorize, for a period not to
exceed 1 year, take of marine mammals,
by Level B harassment only, incidental
to the POA MTRP. In compliance with
the 2009 LOA, POA and MARAD
submitted an annual report on POA
construction activites, covering the
period of July 15 through December 31,
2009. The report also covers the period
of January 1 through July 15, 2009,
pursuant to the U.S. Army Corps of
Engineers’ reporting requirement under
their permit issued under Section 10 of
the Rivers and Harbors Act and Section
404 of the Clean Water Act. The report
can be found on the NMFS website at
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Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
therefore, no MMOs have been required
at the POA in 2010.
Summary of Activity and Monitoring
Under the 2009 LOA
During the reporting period covered
by the 2009 LOA, in-water construction
activities were conducted in the North
Extension and Barge Berth areas. Inwater construction and construction
monitoring for the 2009 season ended
on December 14, 2009, when ice
formation and poor visibility impeded
further activity. These activities were
within the scope of those analyzed in
the final rule and included in the 2009
LOA.
emcdonald on DSK2BSOYB1PROD with NOTICES
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
Independent Scientific Monitoring
On-site POA Monitoring
As required by the 2009 LOA, the
POA and MARAD established safety
and harassment zones at the project site,
which were monitored for the presence
of marine mammals before, during, and
after in-water pile driving. If the
applicable safety and harassment zones
were not visible because of fog, poor
light, darkness, sea state, or any other
reason, in-water construction activities
were shut down until the area was once
again visible. From July 15 to December
14, 2009, 45 pile driving shutdowns
were documented due to marine
mammal sightings. The peak month for
shutdowns and delays during the 2009
construction season was August, when
25 shutdown/delays were recorded.
Most of these occurred when marine
mammals were sighted approaching or
surfacing just inside the harassment
zone.
According to the POA’s annual report,
within the LOA reporting period (July
15- December 14, 2009), MMOs
stationed at the POA recorded 122
marine mammal sightings for a total of
1,127 total animals sighted (Table 2).
There were 1,094 beluga whales (516
white, 481 gray, and 97 dark gray); 17
harbor seals (15 adults and 2 juveniles);
15 harbor porpoises (10 adults and 5
unknown age); and one unidentified
pinniped. The highest number of
sightings (51) and number of marine
mammals sighted (576) occurred in
August (572 of this number were beluga
whales: 234 white; 277 gray; and 61
dark gray). The fewest number of
sightings for a 30–day period were
recorded in April, when only 8 marine
mammals were sighted. In general,
beluga whales showed no observable
reaction to pile driving. The only
observable reaction which has been
documented is beluga whale groups
splitting momentarily on three
occasions as they maneuver around
barges or vessels. In-water pile driving
has yet to begin this year, to date;
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18:27 Jul 01, 2010
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POA regulations (50 CFR 217 subpart
U) stipulate that the POA and MARAD
employ a scientific marine mammal
monitoring team separate from the onsite MMOs to characterize beluga whale
frequency, abundance, group
composition, movements, behavior, and
habitat use around the POA and
observe, analyze, and document
potential changes in behavior in
response to in-water construction work.
The POA and MARAD complied with
this requirement by assembling a
monitoring team from the Alaska Pacific
University (APU) to implement a
NMFS-approved scientific monitoring
plan. The scientific marine mammal
monitoring 2009 annual report was
attached as an appendix to the annual
report submitted by POA and MARAD.
This report covers the period of May
through November, 2009 (ICRC, 2010).
A summary of that report follows.
The APU observers conducted
scientific monitoring from the Cairn
Point Station on Elmendorf Air Force
Base, which directly overlooks the POA.
For 86 days, from May 4 through
November 18, 2009, trained graduate
and undergraduate marine biology
students conducted approximately 783
hours of scientific monitoring and
documented approximately 166 beluga
whales, comprising 54 groups, and one
harbor seal traveling through the study
area. Spatial distribution analysis
indicates that approximately 52 percent
of all groups sighted occurred within
(n=25) or adjacent to (n=3) the MRTP
footprint. There were significant
differences in the number of whales
observed across tidal stages (F8,45 = 2.94,
p = .02). There were significant peaks in
sightings during low (p = .01) and high
(p = .03) flood tides and during high ebb
tides (p = .03).
Mean beluga whale group size was 3.0
plus or minus .36 individuals. Only four
groups contained individuals identified
as calves, and groups with calves were
larger on average (5.4 plus or minus 1.9
individuals) than those without. All
four groups containing calves were
sighted within or adjacent to the MTRP
footprint. The number of beluga whales
sighted, group size, and size of groups
with calves in 2009 decreased from
those sighted in 2008; however, this
difference was not considered
significant. The APU team will continue
to monitor and report on beluga whale
abundance and the various parameters
discussed here within lower Knik Arm
for the duration of POA construction.
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In summary, the scientific monitoring
team found that beluga whale habitat
use, distribution and movements, and
behavior during 2009 were consistent
with previous years (2007–2008) with
whales primarily traveling through the
study area on the incoming and
outgoing tides to and from likely
foraging areas further up Knik Arm.
Similar to accounts from the MMOs
stationed at the POA, no observed
behavioral changes (e.g., abrupt
behavioral changes, rapid descents) or
other indicators of response to in-water
pile driving or other MTRP in-water
construction activities were noted by
the APU observers.
Take Summary for 2009 Construction
Season
During the 2009 LOA reporting
period, the following numbers of marine
mammals were identified as taken from
in-water pile driving: 20 beluga whales;
five harbor seals; four harbor porpoises;
and zero killer whales. Of the 20 beluga
whale takes recorded, three were in
August, one in September, one in
October, and 15 in November (during
one sighting). The 15 beluga whales
sighted in November were initially seen
south of Cairn Point, approximately 950
m from in-water pile driving. As a
result, pile driving was shut down for
40 minutes while the animals were in
view and no behavioral changes were
recorded. The animals were resighted
north of Cairn Point heading north along
the shoreline and away from the action
area. The number of animals, by species,
taken under the 2009 LOA was within
the amount authorized.
The POA has implemented a robust
monitoring program so that pile driving
is shut down before marine mammals
enter into the designated Level A and B
isopleths; thereby minimizing
harassment, as demonstrated by the
number of sightings vs. the number of
takes. The POA has also developed a
successful communication system
between MMOs and engineers’ to shut
down pile driving before whales enter
into designated harassment zones,
avoiding take.
Planned Activities and Mitigation for
2010
As stated in the regulations and LOA,
take of marine mammals will be
minimized through implementation of
the following mitigation measures: (1) if
a marine mammal is detected within or
approaching the Level A or impact and
vibratory pile driving Level B
harassment isopleths (200 m, 350 m and
1,300 m, respectively) prior to in-water
pile driving, operations shall be
immediately delayed or suspended until
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02JYN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
the marine mammal moves outside
these designated zones or the animal is
not detected within 15 minutes of the
last sighting; (2) if a marine mammal is
detected within or approaching 200 m
prior to chipping, this activity shall be
immediately delayed or suspended until
the marine mammal moves outside
these designated zones or the animal is
not detected within 15 minutes of the
last sighting; (3) in-water impact pile
driving shall not occur during the
period from two hours before low tide
until two hours after low tide; (4) inwater piles will be driven with a
vibratory hammer to the maximum
extent possible (i.e., until a desired
depth is achieved or to refusal) prior to
using an impact hammer; (5) in-water
pile driving or chipping shall not occur
when conditions restrict clear, visible
detection of all waters within
harassment zones; (6) A ’’soft start’’
technique shall be used at the beginning
of each day’s in-water pile driving
activities or if pile driving has ceased
for more than one hour to allow any
marine mammal that may be in the
immediate area to leave before pile
driving reaches full energy; (7) if a
group of more than 5 beluga whales or
group with a calf is sighted within the
Level B harassment isopleths, in-water
pile driving shall be suspended; and (8)
for operated in-water heavy machinery
work other than pile driving or chipping
(i.e., dredging, dump scowles, linetug
boats used to move barges, barge
mounted hydraulic excavators, or
clamshell equipment used to place or
remove material), if a marine mammal
comes within 50 m, those operations
will cease and vessels will reduce to the
slowest speed practicable while still
maintaining control of the vessel and
safe working conditions.
NMFS-approved marine mammal
observers (MMOs) will be stationed at
the port during all in-water pile driving
and chipping and blasting associated
with dock demolition, if it occurs. These
observers will be responsible for
documenting take, marine mammal
behavior, and, if necessary, notifying the
resident engineer when shut down is
necessary. In addition, the POA and
MARAD shall employ a scientific
marine mammal monitoring team
separate from the on-site MMOs to
characterize beluga whale abundance,
frequency, movements, behavior, group
dynamics, and habitat use around the
POA and observe, analyze, and
document potential changes in behavior
in response to in-water construction
work. This monitoring team is not
required to be present during all inwater pile driving operations but will be
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18:27 Jul 01, 2010
Jkt 220001
on-site 4 days per week, weather
permitting. The on-site MMOs and this
marine mammal monitoring team shall
remain in contact to alert each other to
marine mammal presence when both
teams are working.
The POA and MARAD shall submit
monthly reports summarizing all inwater construction activities and marine
mammal sightings. In addition, an
annual report shall be due sixty days
before expiration of the LOA. This
report shall summarize monthly reports
and any apparent long or short term
impacts the MTRP may be having on
marine mammals. This LOA will be
renewed annually based on review of
the annual monitoring report.
Authorization
The POA and MARAD have complied
with the requirements of the 2009 LOA,
and NMFS has determined that marine
mammal take during the 2009
construction season is within the
amount authorized. Accordingly, NMFS
has issued a LOA to POA and MARAD
authorizing take by harassment of
marine mammals incidental to the
marine terminal redevelopment project
at the POA. Issuance of the 2010–2011
LOA is based on NMFS’ review of the
annual report submitted by the POA and
MARAD, and determination that the
observed impacts were within the scope
of the analysis and authorization
contained in the final rule and
previously issued LOA. Specifically,
NMFS found that the total taking of
marine mammals, in consideration of
the required mitigation, monitoring, and
reporting measures, will have no more
than a negligible impact on the affected
species or stocks and will not have an
unmitigable adverse impact on their
availability for taking for subsistence
uses.
Dated: June 25, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–16189 Filed 7–1–10; 8:45 am]
BILLING CODE 3510–22–S
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List: Proposed Additions
AGENCY: Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed Additions to the
Procurement List.
SUMMARY: The Committee is proposing
to add products to the Procurement List
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38467
that will be furnished by nonprofit
agencies employing persons who are
blind or have other severe disabilities.
Comments Must Be Received On or
Before: August 2, 2010.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Barry S. Lineback,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
Additions
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
products listed below from nonprofit
agencies employing persons who are
blind or have other severe disabilities.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
furnish the products to the Government.
2. If approved, the action will result
in authorizing small entities to furnish
the products to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the products proposed
for addition to the Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following products are proposed
for addition to Procurement List for
production by the nonprofit agencies
listed:
Products
NSN: 7220–00–NIB–0367—Disposable Urinal
Floor Mat.
NSN: 7220–00–NIB–0368—Disposable Toilet
Floor Mat.
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38465-38467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16189]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XQ80
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA),
as amended and implementing regulations, notification is hereby given
that the National Marine Fisheries Service (NMFS) has issued a Letter
of Authorization (LOA) to the Port of Anchorage (POA) and the U.S.
Department of Transportation Maritime Administration (MARAD), to take
four species of marine mammals incidental to the POA's Marine Terminal
Redevelopment Project (MTRP).
DATES: Effective July 15, 2010, through July 14, 2011.
ADDRESSES: The LOA and supporting documentation are available for
review by writing to P. Michael Payne, Chief, Permits, Conservation,
and Education Division, Office of Protected Resources, National Marine
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD
20910-3225 or by telephoning one of the contacts listed below.
Documents cited in this notice may be viewed, by appointment, during
regular business hours, at the aforementioned address and at the Alaska
Regional Office, 222 West 7th Avenue, Anchorage, AK 99513.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Brian D. Hopper,
Office of Protected Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the National Marine Fisheries Service (NMFS) to allow, upon request,
the incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and regulations are issued. Under the MMPA, the term
``take'' means to harass, hunt, capture, or kill or to attempt to
harass, hunt, capture, or kill marine mammals.
Authorization may be granted for periods up to 5 years if NMFS
finds, after notification and opportunity for public comment, that the
taking will have a negligible impact on the species or stock(s) of
marine mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means of effecting the least practicable
adverse impact on the species and its habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species for subsistence
uses. The regulations must include requirements for monitoring and
reporting of such taking.
Regulations governing the taking of Cook Inlet beluga whales
(Delphinapterus leucas), harbor porpoises (Phocoena phocoena), killer
whales (Orcinus orca), and harbor seals (Phoca vitulina), by Level B
harassment, incidental to in-water pile driving were issued on July 15,
2009 (74 FR 35136), and remain in effect until July 14, 2014. These
regulations may be found in 50 CFR 217 subpart U. For detailed
information on this action, please refer to that document. These
regulations include mitigation, monitoring, and reporting requirements
for the incidental take of marine mammals during the specified
activity.
Summary of Request
On April 23, 2010, NMFS received a request for an LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of marine mammals, by Level B
harassment only, incidental to the POA MTRP. In compliance with the
2009 LOA, POA and MARAD submitted an annual report on POA construction
activites, covering the period of July 15 through December 31, 2009.
The report also covers the period of January 1 through July 15, 2009,
pursuant to the U.S. Army Corps of Engineers' reporting requirement
under their permit issued under Section 10 of the Rivers and Harbors
Act and Section 404 of the Clean Water Act. The report can be found on
the NMFS website at
[[Page 38466]]
https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Summary of Activity and Monitoring Under the 2009 LOA
During the reporting period covered by the 2009 LOA, in-water
construction activities were conducted in the North Extension and Barge
Berth areas. In-water construction and construction monitoring for the
2009 season ended on December 14, 2009, when ice formation and poor
visibility impeded further activity. These activities were within the
scope of those analyzed in the final rule and included in the 2009 LOA.
On-site POA Monitoring
As required by the 2009 LOA, the POA and MARAD established safety
and harassment zones at the project site, which were monitored for the
presence of marine mammals before, during, and after in-water pile
driving. If the applicable safety and harassment zones were not visible
because of fog, poor light, darkness, sea state, or any other reason,
in-water construction activities were shut down until the area was once
again visible. From July 15 to December 14, 2009, 45 pile driving
shutdowns were documented due to marine mammal sightings. The peak
month for shutdowns and delays during the 2009 construction season was
August, when 25 shutdown/delays were recorded. Most of these occurred
when marine mammals were sighted approaching or surfacing just inside
the harassment zone.
According to the POA's annual report, within the LOA reporting
period (July 15- December 14, 2009), MMOs stationed at the POA recorded
122 marine mammal sightings for a total of 1,127 total animals sighted
(Table 2). There were 1,094 beluga whales (516 white, 481 gray, and 97
dark gray); 17 harbor seals (15 adults and 2 juveniles); 15 harbor
porpoises (10 adults and 5 unknown age); and one unidentified pinniped.
The highest number of sightings (51) and number of marine mammals
sighted (576) occurred in August (572 of this number were beluga
whales: 234 white; 277 gray; and 61 dark gray). The fewest number of
sightings for a 30-day period were recorded in April, when only 8
marine mammals were sighted. In general, beluga whales showed no
observable reaction to pile driving. The only observable reaction which
has been documented is beluga whale groups splitting momentarily on
three occasions as they maneuver around barges or vessels. In-water
pile driving has yet to begin this year, to date; therefore, no MMOs
have been required at the POA in 2010.
Independent Scientific Monitoring
POA regulations (50 CFR 217 subpart U) stipulate that the POA and
MARAD employ a scientific marine mammal monitoring team separate from
the on-site MMOs to characterize beluga whale frequency, abundance,
group composition, movements, behavior, and habitat use around the POA
and observe, analyze, and document potential changes in behavior in
response to in-water construction work. The POA and MARAD complied with
this requirement by assembling a monitoring team from the Alaska
Pacific University (APU) to implement a NMFS-approved scientific
monitoring plan. The scientific marine mammal monitoring 2009 annual
report was attached as an appendix to the annual report submitted by
POA and MARAD. This report covers the period of May through November,
2009 (ICRC, 2010). A summary of that report follows.
The APU observers conducted scientific monitoring from the Cairn
Point Station on Elmendorf Air Force Base, which directly overlooks the
POA. For 86 days, from May 4 through November 18, 2009, trained
graduate and undergraduate marine biology students conducted
approximately 783 hours of scientific monitoring and documented
approximately 166 beluga whales, comprising 54 groups, and one harbor
seal traveling through the study area. Spatial distribution analysis
indicates that approximately 52 percent of all groups sighted occurred
within (n=25) or adjacent to (n=3) the MRTP footprint. There were
significant differences in the number of whales observed across tidal
stages (F8,45 = 2.94, p = .02). There were significant peaks
in sightings during low (p = .01) and high (p = .03) flood tides and
during high ebb tides (p = .03).
Mean beluga whale group size was 3.0 plus or minus .36 individuals.
Only four groups contained individuals identified as calves, and groups
with calves were larger on average (5.4 plus or minus 1.9 individuals)
than those without. All four groups containing calves were sighted
within or adjacent to the MTRP footprint. The number of beluga whales
sighted, group size, and size of groups with calves in 2009 decreased
from those sighted in 2008; however, this difference was not considered
significant. The APU team will continue to monitor and report on beluga
whale abundance and the various parameters discussed here within lower
Knik Arm for the duration of POA construction.
In summary, the scientific monitoring team found that beluga whale
habitat use, distribution and movements, and behavior during 2009 were
consistent with previous years (2007-2008) with whales primarily
traveling through the study area on the incoming and outgoing tides to
and from likely foraging areas further up Knik Arm. Similar to accounts
from the MMOs stationed at the POA, no observed behavioral changes
(e.g., abrupt behavioral changes, rapid descents) or other indicators
of response to in-water pile driving or other MTRP in-water
construction activities were noted by the APU observers.
Take Summary for 2009 Construction Season
During the 2009 LOA reporting period, the following numbers of
marine mammals were identified as taken from in-water pile driving: 20
beluga whales; five harbor seals; four harbor porpoises; and zero
killer whales. Of the 20 beluga whale takes recorded, three were in
August, one in September, one in October, and 15 in November (during
one sighting). The 15 beluga whales sighted in November were initially
seen south of Cairn Point, approximately 950 m from in-water pile
driving. As a result, pile driving was shut down for 40 minutes while
the animals were in view and no behavioral changes were recorded. The
animals were resighted north of Cairn Point heading north along the
shoreline and away from the action area. The number of animals, by
species, taken under the 2009 LOA was within the amount authorized.
The POA has implemented a robust monitoring program so that pile
driving is shut down before marine mammals enter into the designated
Level A and B isopleths; thereby minimizing harassment, as demonstrated
by the number of sightings vs. the number of takes. The POA has also
developed a successful communication system between MMOs and engineers'
to shut down pile driving before whales enter into designated
harassment zones, avoiding take.
Planned Activities and Mitigation for 2010
As stated in the regulations and LOA, take of marine mammals will
be minimized through implementation of the following mitigation
measures: (1) if a marine mammal is detected within or approaching the
Level A or impact and vibratory pile driving Level B harassment
isopleths (200 m, 350 m and 1,300 m, respectively) prior to in-water
pile driving, operations shall be immediately delayed or suspended
until
[[Page 38467]]
the marine mammal moves outside these designated zones or the animal is
not detected within 15 minutes of the last sighting; (2) if a marine
mammal is detected within or approaching 200 m prior to chipping, this
activity shall be immediately delayed or suspended until the marine
mammal moves outside these designated zones or the animal is not
detected within 15 minutes of the last sighting; (3) in-water impact
pile driving shall not occur during the period from two hours before
low tide until two hours after low tide; (4) in-water piles will be
driven with a vibratory hammer to the maximum extent possible (i.e.,
until a desired depth is achieved or to refusal) prior to using an
impact hammer; (5) in-water pile driving or chipping shall not occur
when conditions restrict clear, visible detection of all waters within
harassment zones; (6) A ''soft start'' technique shall be used at the
beginning of each day's in-water pile driving activities or if pile
driving has ceased for more than one hour to allow any marine mammal
that may be in the immediate area to leave before pile driving reaches
full energy; (7) if a group of more than 5 beluga whales or group with
a calf is sighted within the Level B harassment isopleths, in-water
pile driving shall be suspended; and (8) for operated in-water heavy
machinery work other than pile driving or chipping (i.e., dredging,
dump scowles, linetug boats used to move barges, barge mounted
hydraulic excavators, or clamshell equipment used to place or remove
material), if a marine mammal comes within 50 m, those operations will
cease and vessels will reduce to the slowest speed practicable while
still maintaining control of the vessel and safe working conditions.
NMFS-approved marine mammal observers (MMOs) will be stationed at
the port during all in-water pile driving and chipping and blasting
associated with dock demolition, if it occurs. These observers will be
responsible for documenting take, marine mammal behavior, and, if
necessary, notifying the resident engineer when shut down is necessary.
In addition, the POA and MARAD shall employ a scientific marine mammal
monitoring team separate from the on-site MMOs to characterize beluga
whale abundance, frequency, movements, behavior, group dynamics, and
habitat use around the POA and observe, analyze, and document potential
changes in behavior in response to in-water construction work. This
monitoring team is not required to be present during all in-water pile
driving operations but will be on-site 4 days per week, weather
permitting. The on-site MMOs and this marine mammal monitoring team
shall remain in contact to alert each other to marine mammal presence
when both teams are working.
The POA and MARAD shall submit monthly reports summarizing all in-
water construction activities and marine mammal sightings. In addition,
an annual report shall be due sixty days before expiration of the LOA.
This report shall summarize monthly reports and any apparent long or
short term impacts the MTRP may be having on marine mammals. This LOA
will be renewed annually based on review of the annual monitoring
report.
Authorization
The POA and MARAD have complied with the requirements of the 2009
LOA, and NMFS has determined that marine mammal take during the 2009
construction season is within the amount authorized. Accordingly, NMFS
has issued a LOA to POA and MARAD authorizing take by harassment of
marine mammals incidental to the marine terminal redevelopment project
at the POA. Issuance of the 2010-2011 LOA is based on NMFS' review of
the annual report submitted by the POA and MARAD, and determination
that the observed impacts were within the scope of the analysis and
authorization contained in the final rule and previously issued LOA.
Specifically, NMFS found that the total taking of marine mammals, in
consideration of the required mitigation, monitoring, and reporting
measures, will have no more than a negligible impact on the affected
species or stocks and will not have an unmitigable adverse impact on
their availability for taking for subsistence uses.
Dated: June 25, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-16189 Filed 7-1-10; 8:45 am]
BILLING CODE 3510-22-S
