Marine Mammals; Incidental Take During Specified Activities, 18232-18238 [2011-7764]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18232-18238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7764]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-FHC-2011-N040; 71490-1351-0000-L5-FY11]


Marine Mammals; Incidental Take During Specified Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application and proposed renewal of 
incidental harassment authorization; request for comments.

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SUMMARY:  We, the Fish and Wildlife Service (Service), have received an 
application from the Alaska Department of Transportation and Public 
Facilities (ADOT&PF) and the Aleutians East Borough for renewal of 
authorization to take small numbers of marine mammals by harassment 
incidental to airport construction on Akun Island and hovercraft 
operation between Akun Island and Akutan, Alaska. In accordance with 
provisions of the Marine Mammal Protection Act of 1972 (MMPA), as 
amended, we request comments on our proposed authorization for the 
applicant to incidentally take, by harassment, small numbers of 
northern sea otters for a period of 1 year, beginning July 1, 2011. We 
anticipate no take by injury or death and include none in this proposed 
authorization, which would be for take by harassment only.

[[Page 18233]]


DATES:  Comments and information must be received by May 2, 2011.

ADDRESSES: You may submit comments by any of the following methods:
    1. By mail to: Douglas Burn, Office of Marine Mammals Management, 
U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, AK 
99503.
    2. By fax to: 907-786-3816.
    3. By electronic mail (e-mail) to: R7_MMM_Comment@FWS.gov. Please 
include your name and return address in your message. If you do not 
receive a confirmation from the system that we have received your 
message, contact us directly at the telephone numbers above.
    4. By hand-delivery to the above address.

FOR FURTHER INFORMATION CONTACT: To request copies of the application, 
the list of references used in this notice, and other supporting 
materials, contact Douglas Burn at the address in ADDRESSES, by 
telephone at 907-786-3807 or 1-800-362-5148, or by e-mail at Douglas_Burn@fws.gov.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA, as amended (16 U.S.C. 
1371 (a)(5)(A) and (D)), authorize the Secretary of the Interior 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, provided that we make certain findings and either 
issue regulations or, if the taking is limited to harassment, provide a 
notice of a proposed authorization to the public for review and 
comment.
    We may grant authorization to incidentally take marine mammals if 
we find that the taking will have a negligible impact on the species or 
stock(s), and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. As part 
of the authorization process, we prescribe permissible methods of 
taking and other means of affecting the least practicable impact on the 
species or stock and its habitat, and requirements pertaining to the 
monitoring and reporting of such takings.
    The term ``take,'' as defined by the MMPA, means to harass, hunt, 
capture, or kill, or to attempt to harass, hunt, capture, or kill any 
marine mammal. Harassment, as defined by the MMPA, means ``any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [the MMPA calls this 
Level A harassment], or (ii) has the potential to disturb a marine 
mammal or marine mammal stock in the wild by causing disruption of 
behavioral patterns, including, but not limited to, migration, 
breathing, nursing, breeding, feeding, or sheltering [the MMPA calls 
this Level B harassment].''
    The terms ``small numbers,'' ``negligible impact,'' and 
``unmitigable adverse impact'' are defined in 50 CFR 18.27, the 
Service's regulations governing take of small numbers of marine mammals 
incidental to specified activities. ``Small numbers'' is defined as ``a 
portion of a marine mammal species or stock whose taking would have a 
negligible impact on that species or stock.'' ``Negligible impact'' is 
defined 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.'' ``Unmitigable adverse impact'' is defined 
as ``an impact resulting from the specified activity (1) that is likely 
to reduce the availability of the species to a level insufficient for a 
harvest to meet subsistence needs by (i) causing the marine mammals to 
abandon or avoid hunting areas, (ii) directly displacing subsistence 
users, or (iii) placing physical barriers between the marine mammals 
and the subsistence hunters; and (2) that cannot be sufficiently 
mitigated by other measures to increase the availability of marine 
mammals to allow subsistence needs to be met.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals where the take 
will be limited to harassment. Section 101(a)(5)(D)(iii) establishes a 
45-day time limit for Service review of an application, followed by a 
30-day public notice and comment period on any proposed authorizations 
for the incidental harassment of marine mammals. Within 45 days of the 
close of the comment period, we must either issue or deny issuance of 
the authorization. We refer to these authorizations as Incidental 
Harassment Authorizations (IHAs).

Previous Federal Action

    On July 9, 2008, we received a joint application from the Alaska 
Department of Transportation and Public Facilities and the Aleutians 
East Borough (Applicants) for the taking by harassment of northern sea 
otters (Enhydralutriskenyoni) incidental to the Akutan Airport, Alaska, 
Airport Construction and Hovercraft Operation (Project). The request 
was published in the Federal Register on August 27, 2008 (73 FR 50634). 
On November 10, 2008, the Service issued IHAs to the Applicants 
authorizing Level B harassment of northern sea otters for a period of 1 
year. The term of the IHAs commenced on May 1, 2009, and expired April 
30, 2010. Due to funding constraints, no construction activities or 
hovercraft operations were conducted during this period of time. On 
January25, 2010, we received a joint application from the Applicants to 
reissue the existing IHAs for an additional 1-year period. The request 
was published in the Federal Register on June 8, 2010 (75 FR 32497). On 
July 14, 2010, the Service reissued the existing IHAs authorizing Level 
B harassment of northern sea otters for a period of 1 year, commencing 
July 1, 2010, and expiring June 30, 2011. Construction activities are 
expected to commence in March 2011, before the current IHAs expire.

Summary of Request

    On February 11, 2011,we received a joint application from the 
Alaska Department of Transportation and Public Facilities and the 
Aleutians East Borough (Applicants) to reissue the existing 
authorizations for an additional 1-year period for the taking by 
harassment of northern sea otters incidental to the Project. The 
proposed activities described in this joint application request have 
been modified since the previous IHAs were issued in 2008 and 2010. 
However, impacts to northern sea otters from the modified Project will 
not differ significantly from those analyzed in the Biological 
Assessment (HDR 2006) and Biological Opinion (USFWS 2007). Therefore, 
if issued, the IHA will have only minor changes from the previous IHAs.
    A detailed description of the initially proposed action and an 
evaluation of alternatives considered are contained in a Final 
Environmental Assessment (FEA) prepared by the Applicants for the 
Federal Aviation Administration (FAA), and a Finding of No Significant 
Impact/Record of Decision (FONSI/ROD) was issued in December 2007 (73 
FR 4040; January 23, 2008). A Biological Assessment (BA) of the 
northern sea otter was received by the Service in December 2006, and a 
Biological Opinion (BiOp) for the proposed Akutan Airport Project was 
issued by the Service in May 2007. The proposed action has been 
subsequently modified as described in a Supplemental EA (SEA) prepared 
by the Applicants for

[[Page 18234]]

the FAA. In addition, the significance of those modifications on 
species considered in the BiOp that are listed under the Endangered 
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.) has also 
been analyzed in an Addendum to the BA. Further modifications are 
proposed and analyzed in a second SEA that is currently under 
preparation by ADOT&PF. Section 7 consultation with the Service was 
reinitiated with the Applicants on January 14, 2011.
    Under the proposed modified action, the Applicants would construct 
a new airport on the southwestern portion of Akun Island, which would 
serve the community of Akutan, approximately 7 miles to the west. 
Access to the Akun airport location would be provided by hovercraft 
from the community of Akutan to Surf Beach, which offers a protected 
landing area. Marine service by hovercraft between the community of 
Akutan and Surf Bay on Akun Island would satisfy passenger comfort and 
weather operability goals. When not in use, the hovercraft would be 
stored in a building at the head of Akutan Harbor. Staff would access 
the hovercraft storage area at the head of the harbor by traveling in a 
skiff. A 1,600-foot-long road would connect the hovercraft landing pad 
on Surf Beach to the runway located on the benchland above the beach. A 
diesel bus would be used to transport passengers between the hovercraft 
and aircraft. The bus would be fueled onsite and stored at the airport 
when not in use.

Description of the Activity

Akutan Airport, Alaska--Airport Construction and Hovercraft Operation

a. Timing of Construction and Hovercraft Operation
    Construction of the airport and related transportation of 
construction materials would commence in March 2011 and continue until 
the fourth quarter of 2012. Hovercraft testing could commence as early 
as the second quarter of 2011, with sustained operations commencing in 
the fourth quarter of 2012, after completion of construction.
b. Geographic Location of Action
    The community of Akutan is located on a small bay on Akutan Island 
in the eastern region of the Aleutian Islands (73 FR 50636). The city 
of Akutan has a population of about 741. The community is located 35 
miles east of Unalaska and 766 miles southwest of Anchorage.The 
proposed location for the new airport to serve the community of Akutan 
is on the southwestern portion of Akun Island, approximately 7 miles 
east of the community.The hovercraft would transit between the 
community of Akutan and a landing site on the shore of Surf Bay on Akun 
Island.

Summary of Proposed Modifications to Project

    As stated in the FEA, the existing amphibious seaplane ramp at 
Akutan would serve as the hovercraft terminal for loading and unloading 
passengers in the community. However, due to operational limitations of 
the hovercraft vessel, improvements to the ramp are needed to 
accommodate the hovercraft. As proposed, the existing 40-foot-wide by 
43-foot-long seaplane ramp would be extended to be approximately 100 
feet wide and 112 feet long and would impact approximately 0.23 acre of 
intertidal/sub-tidal area.
    The proposed modification to the runway alignment on Akun Island is 
a counterclockwise rotation of approximately 20 degrees from a heading 
of 110[deg] to 290[deg] to a heading of 90[deg] to 270[deg]. This 
modification would increase aircraft safety and reduce impacts to 
wetlands, uplands, and fish habitat. A preferred temporary access route 
for use during construction is proposed approximately 1,000 feet north 
of the approved site of the hovercraft landing pad on Akun Island. The 
beach would be accessed daily using landing craft or shallow draft 
barges and a temporary floating dock during the construction seasons. 
Supplies, equipment, and personnel would be routed from the proposed 
beach access site to the hovercraft landing in order to access the 
airport construction area via the previously approved access road. The 
routing would occur below the driftwood line and above the low-tide 
line on compacted sand. A temporary construction camp, designed to 
support up to 60 construction personnel, is proposed in an area 
designated for a temporary construction easement in the SEA. A 
temporary fuel storage facility will be located on the hovercraft 
landing pad near Surf Beach, and will meet all requirements as 
regulated by the Environmental Protection Agency and the Alaska 
Department of Environmental Conservation. Finally, an armor rock berm 
with a buried toe is proposed for the south side of Stream 1 
to protect the new hovercraft maneuvering pad and ramp from stream bed 
migration to the south.
    The proposed modifications in project design would not alter the 
nature, extent, or effects of construction or hovercraft operations on 
sea otters from those previously reviewed and authorized under the 
existing IHA.

Description of Habitat and Marine Mammals Affected by the Activity

    Three monthly surveys for sea otters were conducted in winter 
(January-March) 2006 as part of the field investigations for the Akun 
Alternative by HDR Alaska, Inc. in Akutan Harbor, Akun Strait, and Surf 
Bay along the proposed Akun airport hovercraft route. Numbers of sea 
otters on surveyed transects were highest in January (22), with fewer 
in February (17), and by March, only 7 otters were observed. Preferred 
habitat appeared to include protected areas in Akutan Harbor near the 
community of Akutan and along near shore habitats at Akun and Green 
islands. Most of the otters sighted were individuals, and only one 
female with a pup was observed during the winter surveys. A detailed 
description of the habitat, status, distribution, and seasonal 
distribution of northern sea otters is contained in the EA, the 
Biological Assessment for the proposed IHA, and the Biological Opinion 
(FWS 2007) for the proposed Akutan Airport Project.
    Since issuance of the IHAs in November 2008 and July 2010, 
additional sea otter distribution and abundance information has become 
available (HDR 2010). Sea otter distribution and abundance were similar 
during the years 2004, 2006, 2008, and 2010. Surveys in 2010 indicate 
that up to 45 otters may be present at the head of Akutan Harbor. They 
also indicate that the area around Green Island and the associated 
offshore rocks and islets, on the eastern edge of Akun Strait, supports 
up to 45 sea otters at a time. These data suggest that disturbances in 
these areas should be minimized during construction and hovercraft 
operations.

Status and Distribution of Affected Species

    In North America, the northern sea otter is found along the coasts 
of Washington, British Columbia, and Alaska. Present distribution 
extends from the north coast of Washington State into the north 
Vancouver Island area of British Columbia. In Alaska, northern sea 
otters occur in the coastal waters from southeast Alaska to the 
Aleutian Island chain (Riedman and Estes 1990). Currently there are 
three population stocks of northern sea otters in Alaska. Since the 
mid-1980s, the southwest population stock has undergone an overall 55-
67 percent decline (Doroff et al. 2003; Burn et al. 2003; Burn and 
Doroff 2005; Estes et al.

[[Page 18235]]

2005; USFWS 2005). The animals found in the Aleutian Islands have 
experienced the greatest declines. More specifically, the population in 
the Rat Island group, located in the central Aleutian Island chain, 
declined by about 94 percent; aerial survey counts of the Rat Island 
group decreased from 270 in 1959 to 11 in 2000 (Kenyon 1969; Doroff et 
al. 2003). The reasons for this decline are not well understood and are 
under investigation. Consequently, on August 9, 2005, the southwestern 
Alaska distinct population segment (DPS) of northern sea otters was 
listed as threatened under the ESA (70 FR 46366). Critical habitat for 
this species was designated on October 8, 2009, and became effective on 
November 9, 2009 (74 FR 51988).

Potential Impacts of the Airport Construction and Hovercraft Operation 
on Sea Otters

    The proposed activities have the potential to disturb resting and 
foraging activities of sea otters, particularly in waters that are 
protected in the near shore habitat, which is used for resting, pup 
rearing, and foraging. The incremental effects of the hovercraft 
operation will be minimal in Akutan Harbor, which presently has 
considerable amounts of vessel traffic. In contrast, Surf Bay has 
relatively little vessel traffic. This fact may explain why surveys 
indicate that the majority of sea otters observed along the hovercraft 
route were in the proximity of Surf Bay. As a result, we expect most of 
the impacts from incidental harassment to occur in the Surf Bay area.
    The responses of marine mammals to airport construction and 
hovercraft operations vary among species. Sea otters have not been 
reported as particularly sensitive to sound and/or movement 
disturbance, especially in comparison to other marine mammals such as 
pinnipeds (U.S. Air Force and USFWS 1988; Efroymson and Suter 2001). 
However, observations of sea otters indicate their responses to 
disturbance are highly variable (A. Doroff, USFWS, pers. comm.). If any 
sea otters are present during project operations, some of them may be 
temporarily disturbed by noise or hovercraft operating in the area. 
This could result in an otter entering the water from land and/or 
diving, which they do as part of their normal behavior pattern. The 
short-term displacement of any hauled-out animals that is likely to 
occur as a result of project noise and personnel is not anticipated to 
affect the overall fitness of any individual animal.

Potential Effects on Habitat

    Hovercraft landings would be constructed primarily in areas above 
the mean high-tide line to minimize adverse effects on northern sea 
otters and their habitat. Surf Beach landing site construction will 
impact about 0.4 intertidal acres and about 0.01 subtidal acres. 
Construction at the head of Akutan Harbor will impact about 0.1 
intertidal acres and about 0.6 subtidal acres. Expansion of the 
existing ramp at Akutan will impact about 0.23 acres of intertidal and 
subtidal area.

Potential Impacts on Subsistence Needs

    In the Aleutian Islands, rural residents use a variety of plant and 
animal resources for subsistence purposes. The MMPA provides for a 
subsistence take of marine mammals by Alaska Natives. Although northern 
sea otters are harvested for subsistence purposes in the Aleutians, 
information from the Service's marine mammal Marking, Tagging, and 
Reporting Program (MTRP) indicates that on average, less than one sea 
otter per year is harvested from Akutan. We do not anticipate that the 
project described in this application would have any adverse effect on 
subsistence uses or needs.

Mitigation Measures

    As described in correspondence between FAA and the Service (FAA 
2007; FWS 2007), the Applicants would be required to implement the 
following measures to avoid, minimize, and mitigate the effects of the 
proposed action on northern sea otters:
a. A Hovercraft Shall Be Used To Transport Passengers To and From the 
Airport
    As described in the Biological Assessment, hovercrafts produce less 
wake and less underwater noise than other marine vessels. Peer-reviewed 
scientific literature concludes that a hovercraft is considerably 
quieter underwater than a similar-sized conventional vessel, and that 
hovercraft may be an attractive alternative to conventional vessels if 
underwater sounds cause concerns. In-air sound may constitute a source 
of disturbance for sea otters.
b. The Hovercraft Landings Shall Be Located To Minimize Impacts to 
Intertidal and Subtidal Areas
    Construction of hovercraft landings shall occur primarily in areas 
away from intertidal and subtidal areas to avoid adverse effects on 
northern sea otters and their habitat. Construction of the Surf Beach 
landing site would impact about 0.4 intertidal acres and about 0.01 
subtidal acres. Construction at the head of Akutan Harbor would impact 
about 0.1 intertidal acres and about 0.6 subtidal acres. Expansion of 
the existing ramp at Akutan will impact about 0.23 acres of intertidal 
and subtidal area. Such construction is likely to be more 
environmentally sensitive than construction of fixed, in-water docks or 
other related facilities.
c. No Dredging or Pile Driving Is Anticipated During the Construction 
of the Hovercraft Landings
    Both dredging and pile driving have the potential to harass 
northern sea otters due to habitat or noise disturbance. We anticipate 
that the use of a hovercraft would avoid the need to construct in-water 
facilities such as moorings, piers, or docks that could require 
dredging or pile driving.
d. The Hovercraft Shall Be Operated According to a Route Operational 
Manual, Which Shall Require Avoidance of Sensitive Areas and Species
    The Applicants will be required to develop a Route Operational 
Manual in consultation with the Service. The purpose of the Route 
Operational Manual is to develop hovercraft routes and operational 
procedures that avoid and minimize the likelihood of northern sea otter 
disturbance. As described below, the Applicants propose to develop an 
initial Route Operational Manual to ensure initial hovercraft 
operations avoid adverse effects to listed northern sea otters and 
other protected marine mammals. The Route Operational Manual would 
require Service approval prior to initiation of hovercraft operation, 
and operator compliance with the Route Operational Manual will be 
required as a condition of airport design approval and Clean Water Act 
404 permit issuance.
e. All Fueling and Hovercraft Maintenance Activities Shall Be Conducted 
to the Maximum Extent Feasible at Least 100 Feet Away From Akutan 
Harbor and Surf Bay, and Fuel Storage Shall Be at Least 100 Feet Away 
From Akutan Harbor and Surf Bay
    Northern sea otters are susceptible to the adverse effects of 
oiling due to fuel spills because otters depend on their insulation of 
dense fur to keep warm. Otters likewise may ingest oil during grooming 
and feeding. To address this issue, the Applicants shall conduct all 
fueling activities at the maximum distance feasible (i.e., at least 100 
feet away from Akutan Harbor and Surf Bay). Fuel storage shall also 
occur at least 100 feet away from these locations.

[[Page 18236]]

The Applicants shall comply with all applicable Federal and State fuel 
handling and storage requirements, further reducing the risk that any 
spill reaches sensitive northern sea otter habitat.
f. To Prevent Contamination, Hovercraft Maintenance Activities Shall 
Occur in the Hovercraft Storage Building or on the Hovercraft Landing
    As discussed above, sea otters are susceptible to the adverse 
effects of oiling due to fuel spills because otters depend on their 
insulation of dense fur to keep warm. Otters likewise may ingest oil or 
other compounds during grooming or feeding. To address the risk of 
spills or contamination associated with hovercraft maintenance, the 
Applicants shall conduct all maintenance activities either on 
hovercraft landing areas, above intertidal or subtidal areas, or in the 
hovercraft storage building. The Applicants shall comply with all 
applicable Federal and State hazardous materials handling and storage 
requirements, further reducing the risk that any contamination reaches 
sensitive northern sea otter habitat.
g. Completion of an Initial Route Operational Manual Shall Be Expedited
    The Applicants shall expedite completion of an initial Route 
Operational Manual, which shall be developed in consultation with the 
Service prior to initial operation of the hovercraft. The Route 
Operational Manual will outline specific, detailed procedures to avoid 
and minimize impacts to sea otters. The Route Operational Manual shall 
identify hovercraft routes and provide a clearly written protocol that 
all hovercraft operators will be required to follow during initial 
hovercraft operations. The Applicants shall submit a draft initial 
Route Operation Manual to the Service for review and approval at least 
30 days prior to commencing hovercraft trials in 2011.
    During Route Operational Manual development, the Applicants will 
consult with the hovercraft manufacturer to ensure that hovercraft 
operations occur in the most environmentally sensitive manner possible. 
Through these discussions, the parties and the manufacturer may 
identify additional, cost-effective measures to further reduce vessel 
noise.
h. Northern Sea Otter Avoidance Areas Shall Be Established
    The Applicants shall identify northern sea otter avoidance areas in 
consultation with the Service. These avoidance areas will serve to help 
delineate areas of likely northern sea otter occurrence to allow for 
their avoidance. Avoidance areas will be established through the use of 
preconstruction survey data collected by the Applicants from 2006 to 
2010.
i. Hovercraft Speed and Course Shall Be Altered
    If a northern sea otter is observed within a set distance (e.g., a 
minimum of 1,200 feet) of the hovercraft, and based on the otter's 
position and the otter's relative course of travel, the otter is likely 
to approach the hovercraft, the hovercraft's speed or course shall, 
when practicable and safe, be changed to avoid impacts to the species. 
Northern sea otter activities and movements relative to the hovercraft 
will be closely monitored to ensure that an animal does not (1) travel 
within a set distance (e.g., a minimum of 600 feet) of a departing 
hovercraft or (2) travel within a set distance (e.g., a minimum of 300 
feet) of an approaching hovercraft (the ``potential disturbance area'' 
or ``PDA''). If either of these events occurs, further mitigation 
measures must be taken (e.g., further course alterations or power 
down). The actual distances will be determined based on consultation 
with the Service during development of the Route Operation Manual.
j. Power-Down Procedures Shall Be Used
    A power down involves decreasing the speed of the hovercraft to 
avoid interactions with, and potential disturbance of, northern sea 
otters. If a northern sea otter is detected (1) within a set distance 
(e.g., a minimum of 600 feet) of a departing hovercraft or (2) within a 
set distance (e.g., a minimum of 300 feet) of an approaching 
hovercraft, the vessel's course shall be altered or speed shall, 
consistent with applicable design and operational requirements, be 
decreased to the slowest practicable speed before the animal enters the 
PDA. Power-down procedures shall be developed in consultation with the 
hovercraft manufacturer and the Service to ensure procedures are safe 
and within the operating parameters of the hovercraft.The actual 
distances will be determined based on consultation with the Service 
during development of the Route Operation Manual.
k. Ramp-Up Procedures Shall Be Used
    ``Ramp-up'' procedures shall be implemented when starting up the 
hovercraft, to provide additional protection to northern sea otters 
located near hovercraft landing areas. These procedures will allow 
individual animals to vacate the area to reduce the risk of injury, and 
to further reduce the risk of potentially startling sea otters with a 
sudden intensive sound. Ramp-up shall occur such that the sound 
associated with hovercraft operations will increase at a rate of about 
6 dB per 5 minutes. The Applicants shall confer with the hovercraft 
manufacturer to develop ramp-up procedures consistent with this 
guideline.
l. Low-Light Operations Shall Be Used
    The Applicants shall work with theService to develop night-time or 
low-light operating procedures to avoid and minimize impacts to 
northern sea otters and other species.

Findings

    We propose the following findings regarding this action:

Small Numbers Determination and Estimated Take by Incidental Harassment

    For small take analysis, the statute and legislative history do not 
expressly require a specific type of numbers analysis, leaving the 
determination of ``small'' to the agency's discretion. Factors 
considered in our small numbers determination include:
    (1) The number of northern sea otters inhabiting the waters in the 
impact area is expected to be small relative to the size of the 
southwest Alaska population stock. Skiff-based surveys conducted in 
2006 recorded up to 22 otters in proximity to the proposed hovercraft 
route. The current estimate for the size of the southwest Alaska 
population stock is approximately 48,000 individuals (USFWS 2008). The 
number of northern sea otters that could potentially be taken by 
harassment in association with the proposed activity is less than 0.05 
percent of the estimated population size.
    (2) The area where the activity would occur is small relative to 
the range of the southwest Alaska population stock of sea otters. Surf 
Bay on Akun Island is approximately 7 km in length. The southwest 
Alaska population stock ranges from Attu Island in the west to lower 
Cook Inlet in the east, a distance of more than 2,700 km. Therefore, 
Surf Bay comprises less than 0.3 percent of the total range in linear 
km of the southwest Alaska population stock of the northern sea otter.
    (3) The area where the activity would occur will impact a 
relatively small fraction of the habitat of the southwest Alaska 
population stock of sea otters. As sea otters typically inhabit 
nearshore marine areas, shoreline length is a

[[Page 18237]]

readily available metric that can be used to quantify sea otter 
habitat. The total length of shoreline within the range of the 
southwest Alaska stock of northern sea otters is approximately 19,531 
km. By comparison, the shoreline of Surf Bay is approximately 7 km in 
length, which is less than 0.04 percent of the total available habitat.
    (4) Monitoring requirements and mitigation measures are expected to 
significantly limit the number of incidental takes. Monitoring 
information collected during initial hovercraft operations will provide 
the Service and the Applicants with more current information about sea 
otter distribution and abundance at Surf Bay on Akun Island. In the 
event that larger numbers of sea otters than have previously been 
observed are encountered at consistent locations, the Route Operational 
Manual will be required to be revised to minimize incidents of 
harassment.

Negligible Impact

    The Service finds that any incidental take by harassment that is 
reasonably likely to result from the proposed project would not 
adversely affect the southwest Alaska stock of northern sea otters 
through effects on rates of recruitment or survival, and would, 
therefore, have no more than a negligible impact on the stock. In 
making this finding, we considered the best available scientific 
information, including: (1) The biological and behavioral 
characteristics of the species; (2) the most recent information on 
distribution and abundance of sea otters within the area of the 
proposed activity; (3) the potential sources of disturbance during the 
proposed activity; and (4) the potential response of northern sea 
otters to disturbance.
    The mitigation measures outlined above are intended to minimize the 
number of sea otters that may be disturbed by the proposed activity. 
Any impacts to individuals are expected to be limited to Level B 
harassment of short-term duration. Response of sea otters to 
disturbance would most likely be common behaviors such as diving and/or 
swimming away from the source of the disturbance. No take by injury or 
death is anticipated. We find that the anticipated harassment caused by 
the proposed activities is not expected to adversely affect the species 
or stock through effects on annual rate of recruitment or survival.
    Our finding of negligible impact applies to incidental take 
associated with the proposed activity as mitigated through this 
authorization process. This authorization establishes monitoring and 
reporting requirements to evaluate the potential impacts of the 
authorized activities, as well as mitigation measures designed to 
minimize interactions with, and impacts to, northern sea otters.

Impact on Subsistence

    We find that the anticipated harassment caused by the project would 
not have an unmitigable adverse impact on the availability of northern 
sea otters for taking for subsistence uses during the period of the 
activity. In making this finding, we considered the timing and location 
of the project and subsistence harvest patterns, as reported through 
the MTRP, in the proposed project area.

Marine Mammal Monitoring

    The applicant would be required to conduct marine mammal monitoring 
during the Airport Construction and Hovercraft Operation, in order to 
implement the mitigation measures that require real-time monitoring, 
and to satisfy monitoring required under the MMPA. Project personnel 
would be required to record information regarding location and behavior 
of all sea otters observed during operations. When conditions permit, 
information regarding age (pup, adult) and any tagged animals would 
also be required to be recorded. The Applicants also propose to form an 
Akutan marine mammal working group in coordination with the City of 
Akutan, the Aleutians East Borough, the Service, and NMFS. This working 
group would consist of representatives from affected native 
organizations, the City of Akutan, the FAA, and the Services. The 
working group would provide a forum to discuss hovercraft monitoring 
results and other issues pertaining to airport operations and northern 
sea otter conservation.
    The working group shall discuss, among other things: (1) Any 
proposed changes in hovercraft operations to provide both the FAA and 
the Service with community perspectives on airport operations, (2) 
monitoring frequency and duration based upon monitoring results and 
related factors, and (3) completion of peer reviews for reports that 
evaluate and interpret monitoring data. The Applicants will coordinate 
the formation of the working group, and will be responsible for 
organizing meeting agendas, establishing meeting locations, and 
facilitating community involvement at such meetings. Working group 
meetings shall commence within 60 days after FAA's approval of airport 
construction, and shall occur on a quarterly basis for a minimum of 5 
years after hovercraft operations commence.

Monitoring and Reporting

    The Applicants shall implement the following monitoring and 
reporting program to increase knowledge regarding the species, and to 
assess the level of take caused by the proposed action:
a. Vessel-Based (Hovercraft) Monitoring During Initial Trial Operations
    All hovercraft activities conducted prior to the construction of 
the airport and commencement of flight service will be considered 
``trial operations.'' Vessel-based monitoring will be conducted by a 
qualified Service-approved observer. Vessel-based monitoring is 
distinguished from other forms of monitoring in that it will be 
conducted from the hovercraft itself, as opposed to from other 
platforms (e.g., land, skiff). Methods for observing, estimating 
distances to northern sea otters and other marine species, and 
recording data quickly and accurately will be tested prior to 
hovercraft operations at Akutan. Reticle binoculars (e.g., 7 x 50 
Bushnell or equivalent) and laser range finders (Leica LRF 1200 laser 
range finder or equivalent) are considered standard equipment for 
observers on board ships with marine mammal observers. Final 
observation methods will be approved by the Service.
    Vessel-based observers will begin monitoring at least 30 minutes 
prior to the planned start of the hovercraft and during all periods of 
hovercraft operations to ensure the effectiveness of ramp-up as a 
mitigation measure. Observers will also monitor the safety areas prior 
to hovercraft operation. If northern sea otters are observed within the 
safety areas, hovercraft operations will be altered in accordance with 
procedures contained in the Route Operational Manual to avoid or 
minimize noise-related disturbance to animals occurring in the area.
    Data for each northern sea otter, other marine mammals, and 
Steller's eiders observed in the action area during the period of 
hovercraft operations will be collected and provided to the Service in 
GIS format for mapping and analysis. Numbers of northern sea otters 
observed, frequency of observation, sea state, any behavioral changes 
due to hovercraft operations, and other pertinent variables will be 
recorded and entered into a custom database using a notebook computer. 
The accuracy of the data entry will be verified by computerized 
validity data checks as the data are entered, and by subsequent manual 
checking of the database. These procedures will allow initial summaries

[[Page 18238]]

of data to be prepared during and shortly after the field program, and 
will facilitate transfer of the data to statistical, graphical, or 
other programs for additional processing and archiving.
    Results from the vessel-based observations will provide: (1) A 
basis for real-time mitigation; (2) information needed to estimate the 
number of northern sea otters that are determined to have been 
harassed; (3) data on the occurrence, distribution, and activities of 
marine mammals in the area where hovercraft operations are conducted; 
and (4) data on the behavior and movement patterns of northern sea 
otters seen at times with and without hovercraft activity.
b. Baseline Skiff Surveys
    The Applicants will conduct baseline skiff surveys in April during 
each construction year to document distribution and abundance of sea 
otters in the project area. A minimum of three skiff-based line 
transect surveys will be conducted during each survey event. 
Additionally, a survey event will be conducted in April after 
construction is completed to document distribution and abundance. 
Surveys will be conducted from a skiff or vessel and will encompass 
marine waters from a depth of 40 meters to mean high tide.
c. Reporting
    Reports on vessel- and land-based activities during construction 
and vessel-based monitoring will be faxed or e-mailed to the Service on 
a regular basis. Reports will describe hovercraft operations and 
construction activities, and northern sea otter monitoring activities 
during the reporting period. Frequency and specific content of reports 
will be determined based on consultation with the Service.

Endangered Species Act

    The proposed activity will occur within the range of the southwest 
Alaska DPS of the northern sea otter, which is presently listed as 
threatened under the ESA, as amended. The FAA and the Service's 
Anchorage Fish and Wildlife Field Office in Anchorage, Alaska, had 
consulted under Section 7 of the ESA, and concluded that the proposed 
activity would not jeopardize the southwest Alaska DPS of the northern 
sea otter. However, at the time the consultation occurred, critical 
habitat had not been designated. Therefore, we reinitiated consultation 
with the Applicants to take into consideration rescheduled project 
dates and potential impacts to critical habitat. As a result of that 
reinitiation, we concluded that the proposed activity would not 
jeopardize the continued existence of the southwest Alaska DPS of 
northern sea otter and would not result in the destruction or adverse 
modification of designated critical habitat. We have reinitiated 
Section 7 consultation with the Applicants to take into consideration 
the rescheduled dates and modifications of this project. We will also 
complete intra-Service section 7 consultation prior to finalization of 
the IHA, which will include these considerations as well as potential 
impacts to critical habitat.

National Environmental Policy Act (NEPA)

    The Applicants provided a Final EA on the project in 2007 and the 
Service found that the Final EA met NEPA standards for analyzing the 
effects of the issuance of the IHA. The Applicants have prepared a 
Supplemental EA for the modifications to the proposed action. 
Subsequent to closure of the comment period for this IHA, we make an 
equivalent finding on the Supplemental EA. To obtain a copy of the 
Final and Supplemental EAs, contact the individual identified in the 
section FOR FURTHER INFORMATION CONTACT.

Government-to-Government Relations With Native American Tribal 
Governments

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, Secretarial Order 
3225, and the Department of the Interior's manual at 512 DM 2, we 
readily acknowledge our responsibility to communicate meaningfully with 
federally recognized Tribes on a Government-to-Government basis. On 
July 24, 2008, and February 7, 2011, we contacted the Native Village of 
Akutan to offer Government-to-Government consultation on this project. 
The Tribal Administrator declined the offer, stating that their Tribe 
fully supports the development of an airport on Akun Island.

Proposed Authorization

    The Service proposes to issue an IHA for small numbers of northern 
sea otters harassed incidentally by the Applicants while conducting the 
Akutan Airport, Alaska, Airport Construction and Hovercraft Operation. 
The final IHA would specify the starting date and ending date (1 year 
later) for the authorization. Authorization for incidental take beyond 
the period specified in the final IHA will require a request for 
renewal.
    The final IHA would also incorporate the mitigation, monitoring, 
and reporting requirements discussed in this proposal. The Applicants 
will be responsible for following those requirements. These 
authorizations do not allow the intentional taking of northern sea 
otters.
    If the level of activity exceeds that described by the Applicants, 
or the level or nature of take exceeds those projected here, the 
Service will reevaluate its findings. The Secretary may modify, 
suspend, or revoke an authorization if the findings are not accurate or 
the conditions described herein are not being met.

Request for Public Comments

    The Service requests interested persons to submit comments and 
information concerning this proposed IHA. Consistent with section 
101(a)(5)(D)(iii) of the MMPA, we are opening the comment period on 
this proposed authorization for 30 days (see ADDRESSES).
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Dated: March 22, 2011.
Geoffrey L. Haskett,
Regional Director, Alaska Region.
[FR Doc. 2011-7764 Filed 3-31-11; 8:45 am]
BILLING CODE 4310-55-P