Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Gustavus Ferry Terminal Improvements Project, 39424-39428 [2018-16993]
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
7317.00.65.60 and 7317.00.75.00. Certain
steel nails subject to this order also may be
classified under HTSUS subheadings
7907.00.60.00, 7806.00.80.00, 7318.29.00.00,
8206.00.00.00 or other HTSUS subheadings.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative
Review
5. Collapsing of Affiliated Companies
6. Date of Sale
7. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
8. Product Comparisons
9. Export Price
10. Normal Value
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Sales to Affiliates
D. Cost of Production
1. Cost Averaging Methodology
A. Significance of Cost Changes
B. Linkage Between Sales and Cost
Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the Cost of Production Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-Constructed Value Comparison
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2018–17050 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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[FR Doc. 2018–17056 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG383
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Gustavus
Ferry Terminal Improvements Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed issuance of an
Incidental Harassment Authorization;
request for comments.
AGENCY:
NMFS has received a request
from the Alaska Department of
Transportation and Public Facilities
(ADOT&PF) to issue an incidental
harassment authorization (IHA) for
activities that were not conducted under
an existing IHA. NMFS previously
issued an IHA to ADOT&PF to
incidentally take seven species of
marine mammal, by Level A and Level
B harassment, during construction
activities associated with the Gustavus
Ferry Terminal Improvements project in
Gustavus, Alaska. The IHA, issued on
April 4, 2017 (82 FR 17209; April 10,
2017), is valid from December 15, 2017
through December 14, 2018. However,
ADOT&PF was unable to conduct any of
the work and, therefore, has requested
that NMFS re-issue the IHA with the
dates changed to accommodate the
analyzed work with minor
modifications to the number of piles
driven. The proposed IHA would
authorize work for the ferry
SUMMARY:
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
improvements project between
December 15, 2018 and December 14,
2019. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on the proposed
issuance of an IHA to incidentally take
marine mammals during the specified
activities. Take numbers would be the
same as authorized previously, and the
mitigation, monitoring, and reporting
requirements would remain the same as
authorized for the 2017–2018 IHA
referenced above.
DATES: Comments and information must
be received no later than September 10,
2018.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.pauline@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities without change.
All personal identifying information
(e.g., name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application, supporting
documents, list of the references cited in
this document, Federal Register notice
of proposed IHA (81 FR 40852; June 23,
2016), Federal Register notice of
issuance of the final 2017–2018 IHA (82
FR 17209; April 10, 2017) and the
issued 2017–2018 IHA may be obtained
online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
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Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to 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 either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall 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 subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings 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.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (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 (Level B
harassment).
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
incidental harassment authorization)
with respect to potential impacts on the
human environment. This action is
consistent with categories of activities
identified in Categorical Exclusion B4
(incidental harassment authorizations
with no anticipated serious injury or
mortality) of the Companion Manual for
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NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has preliminarily determined
that the issuance of the proposed IHA
qualifies to be categorically excluded
from further NEPA review. We will
review all comments submitted in
response to this notice prior to
concluding our NEPA process or making
a final decision on the IHA request.
History of Request
On July 31, 2015, NMFS received an
application from ADOT&PF requesting
the take of marine mammals incidental
to reconstructing the existing ferry
terminal at Gustavus, Alaska, referred to
as the Gustavus Ferry Terminal. NMFS
published a notice of a proposed IHA
and request for comments in the Federal
Register on June 23, 2016 (81 FR 40852).
We subsequently published the final
notice of our issuance of the IHA on
April 10, 2017 (82 FR 17209), making
the IHA valid for December 15, 2017
through December 14, 2018. In-water
work associated with the project was
expected to be completed within the
one-year timeframe of the IHA. The
specified activities were expected to
result in the take of seven species of
marine mammals including harbor seal
(Phoca vitulina), Steller sea lion
(Eumetopias jubatus), harbor porpoise
(Phocoena phocoena), Dall’s porpoise
(Phocoenoides dalli), killer whale
(Orcinus orca), humpback whale
(Megaptera novaeangliae), and minke
whale (Balaenoptera acutorostrata).
On May 8, 2018, ADOT&PF informed
NMFS that work on the project would
be postponed due to design revisions
and local community considerations
and that no work would be completed
under the 2017–2018 IHA. ADOT&PF
requested that a new IHA be issued that
would be valid from December 15, 2018
through December 14, 2019. Under this
proposed IHA, ADOT&PF would
conduct pile driving activities between
the in water work window dates of
March 1, 2019, through May 31, 2019
and September 1, 2019, through
November 30, 2019. Although the
proposed activities would undergo
minor modifications, the number of
authorized takes would remain
unchanged from those listed in the
2017–2018 Authorization.
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
Description of the Proposed Activity and
Anticipated Impacts
The 2018–2019 proposed IHA would
cover the same construction associated
with the modernization of the Gustavus
Ferry Terminal that the 2017–2018 did,
with minor revisions to the number and
types of piles that would be installed
and removed. NMFS refers the reader to
the documents related to the previously
issued 2017–2018 IHA for more detailed
description of the project activities.
These previous documents include the
Federal Register notice of the issuance
of the 2017–2018 IHA for ADOT&PF’s
Gustavus Ferry Terminal Improvements
project (82 FR 17209; April 10, 2017),
ADOT&PF’s application, the Federal
Register notice of the proposed IHA (81
FR 40852; June 23, 2016) and all
associated references and documents. A
detailed description of the proposed
vibratory and impact pile driving
activities at the ferry terminal
improvements project is found in these
documents. The description remains
accurate with the exception of the minor
modifications noted above.
Detailed Description of the Action
Differences between the 2017–2018
IHA and the proposed 2018–2019 IHA
are shown in Table 1. Generally
speaking, pile driving and removal
would occur over the same number of
days (50) with installation and removal
of 16 additional piles over 21 additional
hours. These changes represent a 3.5
percent increase in the number of piles
installed and a 21.9 percent increase in
the number of piles removed. The
duration of impact driving would
remain the same while the time spent
vibratory driving would increase by 18.4
percent. The additional time required
for vibratory driving is due to the
increase in anticipated number of piles
removed. Note that these proposed
changes would have a nominal impact
on the calculated Level A harassment
isopleths and no effect on Level B
harassment isopleths. Therefore, the
sizes of the Level A harassment and
Level B harassment zones would remain
unchanged.
TABLE 1—GUSTAVUS FERRY PILE INSTALLATION AND REMOVAL SUMMARY
Number of piles—
2018–2019
Proposed IHA
Pile size (inches)
Number of piles—
2017–2018 IHA
30 ..........................................................................................
24 ..........................................................................................
18 ..........................................................................................
16 ..........................................................................................
12.75 .....................................................................................
14 .........................................................................................
40 .........................................................................................
0 ...........................................................................................
0 ...........................................................................................
3 install/16 remove ...............................................................
18.
34 install/12 remove.
4 remove.
4 install/4 remove.
3 install/9 remove.
Total installed/total Piles ................................................
57/73 ....................................................................................
59/89.
2018–2019
Proposed IHA
(hours)
Driving time duration
2017–2018 IHA
(hours)
Impact Driving .......................................................................
Vibratory Driving ...................................................................
57 .........................................................................................
114 .......................................................................................
57.
135.
Total ...............................................................................
171 .......................................................................................
192.
Description of Marine Mammals
Estimated Take
A description of the marine mammals
in the area of the activities is found in
these previous documents, which
remains applicable to the proposed
2018–2019 IHA as well. In addition,
NMFS has reviewed recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
recent scientific literature, and
determined that no new information
affects our original analysis of impacts
under the 2017–2018 IHA.
A detailed description of the methods
and inputs used to estimate authorized
take is found in these previous
documents. The methods of estimating
take for the proposed 2018–2019 IHA
are identical to those used in the 2017–
2018 IHA. The source levels remain
unchanged from the previously issued
IHA, and NMFS’ 2016 acoustic
technical guidance was used to address
new acoustic thresholds in the notice of
issuance of the 2017–2018 IHA.
Specifically, observational data was
used to calculate daily take rates in the
absence of density data. Since the
number of pile-driving days (50)
planned for both the 2017–2018 IHA
and the proposed 2018–2019 IHA are
the same, the total estimated take
projections will be identical.
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Potential Effects on Marine Mammals
A description of the potential effects
of the specified activities on marine
mammals and their habitat may be
found in these previous documents,
which remains applicable to the
issuance of the proposed 2018–2019
IHA. There is no new information on
potential effects.
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
A description of proposed mitigation,
monitoring, and reporting measures is
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found in the previous documents,
which are identical to those contained
in this proposed 2018–2019 IHA. The
following measures would apply to
ADOT&PF’s mitigation requirements:
• Establishment of Shutdown Zone—
For all pile driving activities, ADOT&PF
will establish a shutdown zone. The
purpose of a shutdown zone is generally
to define an area within which
shutdown of activity would occur upon
sighting of a marine mammal (or in
anticipation of an animal entering the
defined area). In this case, shutdown
zones are intended to contain areas in
which sound pressure levels (SPLs)
equal or exceed acoustic injury criteria
for some authorized species, based on
NMFS’ acoustic technical guidance
published in the Federal Register on
August 4, 2016 (81 FR 51693).
• Establishment of Monitoring
Zones—ADOT&PF must identify and
establish Level A harassment zones.
These zones are areas beyond the
shutdown zones where animals may be
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exposed to sound levels that could
result in permanent threshold shift
(PTS). ADOT&PF will also identify and
establish Level B harassment
disturbance zones which are areas
where SPLs equal or exceed 160 dB rms
for impact driving and 120 dB rms
during vibratory driving. Observation of
monitoring zones enables observers to
be aware of and communicate the
presence of marine mammals in the
project area and outside the shutdown
zone and thus prepare for potential
shutdowns of activity. NMFS has
established monitoring protocols
described in the Federal Register notice
of the issuance (82 FR 17209; April 10,
2017) which are based on the distance
and size of the monitoring and
shutdown zones. These same protocols
are contained in this proposed 2018–
2019 IHA.
• Temporal and Seasonal
Restrictions—Work may only occur
during daylight hours, when visual
monitoring of marine mammals can be
conducted and all in-water construction
will be limited to the periods between
March 1 and May 31, 2018, and
September 1 and November 30, 2018.
• Soft Start—The use of a soft-start
procedure is believed to provide
additional protection to marine
mammals by providing warning and/or
giving marine mammals a chance to
leave the area prior to the hammer
operating at full capacity. For impact
pile driving, contractors will be required
to implement soft start procedures. Soft
Start is not required during vibratory
pile driving and removal activities.
• Visual Marine Mammal
Observation—Monitoring must be
conducted by qualified marine mammal
observers (MMOs), who are trained
biologists, with minimum qualifications
described in the Federal Register notice
of the issuance of the 2017–2018 IHA
(82 FR 17209; April 4, 2017). In order
to effectively monitor the pile driving
monitoring zones, two MMOs must be
positioned at the best practical vantage
point(s). If waters exceed a sea-state
which restricts the observers’ ability to
make observations within the shutdown
zone (e.g., excessive wind or fog), pile
installation and removal will cease. Pile
driving will not be initiated until the
entire shutdown zone is visible. MMOs
shall record specific information on the
sighting forms as described in the
Federal Register notice of the issuance
of the 2017–2018 IHA (82 FR 17209;
April 10, 2017). At the conclusion of the
in-water construction work, ADOT&PF
will provide NMFS with a monitoring
report which includes summaries of
recorded takes and estimates of the
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number of marine mammals that may
have been harassed.
Determinations
ADOT&PF proposes to conduct
activities similar to those covered in the
previous 2017–2018 IHA. As described
above, the number of estimated takes of
the same stocks of marine mammals is
the same as those authorized in the
2017–2018 IHA that were found to meet
the negligible impact and small
numbers standards. Our analysis
showed that less than 9.07 percent of
the populations of affected stocks, with
the exception of minke and killer
whales, could be taken by harassment.
For Northern resident and West Coast
transient killer whales, the percentages,
when instances of take are compared to
abundance, are 48.2 percent and 51.8
percent, respectively. However, the
takes estimated for these stocks (up to
126 instances assuming all takes are
accrued to a single stock) are not likely
to represent unique individuals. Instead,
we anticipate that there will be multiple
takes of a smaller number of
individuals.
The Northern resident killer whale
stock are most commonly seen in the
waters around the northern end of
Vancouver Island, and in sheltered
inlets along B.C.’s Central and North
Coasts. They also range northward into
Southeast Alaska in the winter months.
Pile driving operations are not
permitted from December through
February. It is unlikely that such a large
portion of Northern resident killer
whales with ranges of this magnitude
would be concentrated in and around
Icy Passage.
NMFS believes that small numbers of
the West coast transient killer whale
stock would be taken based on the
limited region of exposure in
comparison with the known distribution
of the transient stock. The West coast
transient stock ranges from Southeast
Alaska to California, while the proposed
project activity would be stationary. A
notable percentage of West coast
transient whales have never been
observed in Southeast Alaska. Only 155
West coast transient killer whales have
been identified as occurring in
Southeast Alaska according to Dahlheim
and White (2010). The same study
identified three pods of transients,
equivalent to 19 animals that remained
almost exclusively in the southern part
of Southeast Alaska (i.e. Clarence Strait
and Sumner Strait). This information
indicates that only a small subset of the
entire West coast Transient stock would
be at risk for take in the Icy Passage area
because a sizable portion of the stock
has either not been observed in
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Southeast Alaska or consistently
remains far south of Icy Passage.
There is no current abundance
estimate for minke whale since
population data on this species is dated.
However, the proposed take of 42 minke
whales may be considered small. A
visual survey for cetaceans was
conducted in the central-eastern Bering
Sea in July–August 1999, and in the
southeastern Bering Sea in 2000. Results
of the surveys in 1999 and 2000 provide
provisional abundance estimates of 810
and 1,003 minke whales in the centraleastern and southeastern Bering Sea,
respectively (Moore et al., 2002).
Additionally, line-transect surveys were
conducted in shelf and nearshore waters
in 2001–2003 from the Kenai Fjords in
the Gulf of Alaska to the central
Aleutian Islands. Minke whale
abundance was estimated to be 1,233 for
this area (Zerbini et al., 2006). However,
these estimates cannot be used as an
estimate of the entire Alaska stock of
minke whales because only a portion of
the stock’s range was surveyed. (Allen
and Anglis 2012). Clearly, 42 authorized
takes should be considered a small
number, as it constitutes only 5.2
percent of the smallest abundance
estimate generated during the surveys
just described and each of these surveys
represented only a portion of the minke
whale range.
Note that the numbers of animals
authorized to be taken for all species,
with the exception of Northern resident
and West coast transient killer whales,
would be considered small relative to
the relevant stocks or populations even
if each estimated taking occurred to a
new individual—an extremely unlikely
scenario.
The proposed 2018–2019 IHA
includes mitigation, monitoring, and
reporting requirements that are identical
to those depicted in the 2017–2018 IHA,
and there is no new information
suggesting that our analysis or findings
should change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
The required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) ADOT&PF’s
activities will not have an unmitigable
adverse impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action.
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Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
In order to comply with the ESA,
NMFS Alaska Regional Office (AKR)
Protected Resources Division issued a
Biological Opinion on March 21, 2017
under section 7 of the ESA, on the
issuance of an IHA to ADOT&PF under
section 101(a)(5)(D) of the MMPA. This
consultation concluded that the project
was likely to adversely affect but
unlikely to jeopardize the continued
existence of the threatened Mexico DPS
of humpback whale (Megaptera
novaeangliae) or the endangered
western DPS of Steller sea lion
(Eumatopias jubatus), or adversely
modify designated critical habitat for
Steller sea lions. In a memo dated June
13, 2018, NMFS AKR concluded that reinitiation of section 7 consultation is not
necessary for the issuance of the
proposed 2018–2019 IHA. The only
modification to the project is a time
shift of one year. No additional take has
been requested by ADOT&PF or is
proposed for authorization by NMFS.
All mitigation measures described in the
Biological Opinion would be
implemented to reduce harassment of
marine mammals and document take of
marine mammals. For these reasons, we
anticipate no new or changed effects of
the action beyond what was considered
in the 2017 Biological Opinion.
sradovich on DSK3GMQ082PROD with NOTICES
Proposed Authorization and Request
for Public Comments
As a result of these determinations,
NMFS proposes to issue an IHA to
ADOT&PF for the Gustavus Ferry
Terminal Improvements project in
Gustavus, AK from December 15, 2018
through December 14, 2019, provided
the previously described mitigation,
monitoring, and reporting requirements
from the 2017–2018 IHA are
incorporated. We request comment on
our analyses and the proposed issuance
of the IHA which would be identical to
the previous IHA (https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-alaskadot-gustavus-ferry-terminalimprovement-project). We also request
VerDate Sep<11>2014
18:11 Aug 08, 2018
Jkt 244001
comment on the potential for renewal of
this proposed IHA as described in the
paragraph below. Please include with
your comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may
issue a second one-year IHA without
additional notice when (1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned or (2) the activities
would not be completed by the time the
IHA expires and a second IHA would
allow for completion of the activities
beyond that described in the Dates and
Duration section, provided all of the
following conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA;
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements; and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
and
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the original findings remain valid.
Dated: August 3, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–16993 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG376
Notice of Availability of a Request for
Information: Expressions of Interest in
Conducting Collaborative Research
and Development on Innovative
Approaches for Exploiting
Environmental Data
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for information.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA) is
seeking expression of interest from
private firms interested in entering into
a Cooperative Research and
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NOAA to conduct collaborative research
and development (R&D) on new and
innovative approaches that could lead
to new and better ways of processing,
exploiting and disseminating spacebased Earth and space weather
observations from NOAA developed and
deployed satellites, with a wide range of
applications, societal and economic
benefits.
DATES: Comments must be received by
5 p.m. on September 24, 2018. Any
questions pertaining to this Request for
Information must be submitted no later
than August 24, 2018.
ADDRESSES: You may submit comments
on this document by the following
method:
Email: Derek.parks@noaa.gov. Please
include the subject heading of
‘‘Response to Collaborative R&D RFI’’.
Attachments to electronic comments
will be accepted in Microsoft Word or
Excel, or Adobe PDF formats only.
Instructions: Comments sent by any
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Derek Parks, Technology Transfer
Program Manager, Technology
Partnerships Office, U.S. Department of
Commerce, National Oceanic and
Atmospheric Administration, Office of
Frm 00027
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]]>Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39424-39428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16993]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG383
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Gustavus Ferry Terminal
Improvements Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an Incidental Harassment
Authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Alaska Department of
Transportation and Public Facilities (ADOT&PF) to issue an incidental
harassment authorization (IHA) for activities that were not conducted
under an existing IHA. NMFS previously issued an IHA to ADOT&PF to
incidentally take seven species of marine mammal, by Level A and Level
B harassment, during construction activities associated with the
Gustavus Ferry Terminal Improvements project in Gustavus, Alaska. The
IHA, issued on April 4, 2017 (82 FR 17209; April 10, 2017), is valid
from December 15, 2017 through December 14, 2018. However, ADOT&PF was
unable to conduct any of the work and, therefore, has requested that
NMFS re-issue the IHA with the dates changed to accommodate the
analyzed work with minor modifications to the number of piles driven.
The proposed IHA would authorize work for the ferry
[[Page 39425]]
improvements project between December 15, 2018 and December 14, 2019.
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting
comments on the proposed issuance of an IHA to incidentally take marine
mammals during the specified activities. Take numbers would be the same
as authorized previously, and the mitigation, monitoring, and reporting
requirements would remain the same as authorized for the 2017-2018 IHA
referenced above.
DATES: Comments and information must be received no later than
September 10, 2018.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Physical comments should be sent to
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments
should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application,
supporting documents, list of the references cited in this document,
Federal Register notice of proposed IHA (81 FR 40852; June 23, 2016),
Federal Register notice of issuance of the final 2017-2018 IHA (82 FR
17209; April 10, 2017) and the issued 2017-2018 IHA may be obtained
online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In
case of problems accessing these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to 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 either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An authorization for incidental takings shall 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 subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (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 (Level B harassment).
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an
incidental harassment authorization) with respect to potential impacts
on the human environment. This action is consistent with categories of
activities identified in Categorical Exclusion B4 (incidental
harassment authorizations with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA
qualifies to be categorically excluded from further NEPA review. We
will review all comments submitted in response to this notice prior to
concluding our NEPA process or making a final decision on the IHA
request.
History of Request
On July 31, 2015, NMFS received an application from ADOT&PF
requesting the take of marine mammals incidental to reconstructing the
existing ferry terminal at Gustavus, Alaska, referred to as the
Gustavus Ferry Terminal. NMFS published a notice of a proposed IHA and
request for comments in the Federal Register on June 23, 2016 (81 FR
40852). We subsequently published the final notice of our issuance of
the IHA on April 10, 2017 (82 FR 17209), making the IHA valid for
December 15, 2017 through December 14, 2018. In-water work associated
with the project was expected to be completed within the one-year
timeframe of the IHA. The specified activities were expected to result
in the take of seven species of marine mammals including harbor seal
(Phoca vitulina), Steller sea lion (Eumetopias jubatus), harbor
porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides dalli),
killer whale (Orcinus orca), humpback whale (Megaptera novaeangliae),
and minke whale (Balaenoptera acutorostrata).
On May 8, 2018, ADOT&PF informed NMFS that work on the project
would be postponed due to design revisions and local community
considerations and that no work would be completed under the 2017-2018
IHA. ADOT&PF requested that a new IHA be issued that would be valid
from December 15, 2018 through December 14, 2019. Under this proposed
IHA, ADOT&PF would conduct pile driving activities between the in water
work window dates of March 1, 2019, through May 31, 2019 and September
1, 2019, through November 30, 2019. Although the proposed activities
would undergo minor modifications, the number of authorized takes would
remain unchanged from those listed in the 2017-2018 Authorization.
[[Page 39426]]
Description of the Proposed Activity and Anticipated Impacts
The 2018-2019 proposed IHA would cover the same construction
associated with the modernization of the Gustavus Ferry Terminal that
the 2017-2018 did, with minor revisions to the number and types of
piles that would be installed and removed. NMFS refers the reader to
the documents related to the previously issued 2017-2018 IHA for more
detailed description of the project activities. These previous
documents include the Federal Register notice of the issuance of the
2017-2018 IHA for ADOT&PF's Gustavus Ferry Terminal Improvements
project (82 FR 17209; April 10, 2017), ADOT&PF's application, the
Federal Register notice of the proposed IHA (81 FR 40852; June 23,
2016) and all associated references and documents. A detailed
description of the proposed vibratory and impact pile driving
activities at the ferry terminal improvements project is found in these
documents. The description remains accurate with the exception of the
minor modifications noted above.
Detailed Description of the Action
Differences between the 2017-2018 IHA and the proposed 2018-2019
IHA are shown in Table 1. Generally speaking, pile driving and removal
would occur over the same number of days (50) with installation and
removal of 16 additional piles over 21 additional hours. These changes
represent a 3.5 percent increase in the number of piles installed and a
21.9 percent increase in the number of piles removed. The duration of
impact driving would remain the same while the time spent vibratory
driving would increase by 18.4 percent. The additional time required
for vibratory driving is due to the increase in anticipated number of
piles removed. Note that these proposed changes would have a nominal
impact on the calculated Level A harassment isopleths and no effect on
Level B harassment isopleths. Therefore, the sizes of the Level A
harassment and Level B harassment zones would remain unchanged.
Table 1--Gustavus Ferry Pile Installation and Removal Summary
----------------------------------------------------------------------------------------------------------------
Number of piles-- 2017-2018 Number of piles-- 2018-2019 Proposed
Pile size (inches) IHA IHA
----------------------------------------------------------------------------------------------------------------
30....................................... 14.......................... 18.
24....................................... 40.......................... 34 install/12 remove.
18....................................... 0........................... 4 remove.
16....................................... 0........................... 4 install/4 remove.
12.75.................................... 3 install/16 remove......... 3 install/9 remove.
----------------------------------------------------------------------
Total installed/total Piles.......... 57/73....................... 59/89.
----------------------------------------------------------------------------------------------------------------
Driving time duration 2017-2018 IHA (hours) 2018-2019 Proposed IHA (hours)
----------------------------------------------------------------------------------------------------------------
Impact Driving........................... 57.......................... 57.
Vibratory Driving........................ 114......................... 135.
----------------------------------------------------------------------
Total................................ 171......................... 192.
----------------------------------------------------------------------------------------------------------------
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to the
proposed 2018-2019 IHA as well. In addition, NMFS has reviewed recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and recent scientific literature, and determined that
no new information affects our original analysis of impacts under the
2017-2018 IHA.
Potential Effects on Marine Mammals
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in these previous
documents, which remains applicable to the issuance of the proposed
2018-2019 IHA. There is no new information on potential effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take is found in these previous documents. The methods of
estimating take for the proposed 2018-2019 IHA are identical to those
used in the 2017-2018 IHA. The source levels remain unchanged from the
previously issued IHA, and NMFS' 2016 acoustic technical guidance was
used to address new acoustic thresholds in the notice of issuance of
the 2017-2018 IHA. Specifically, observational data was used to
calculate daily take rates in the absence of density data. Since the
number of pile-driving days (50) planned for both the 2017-2018 IHA and
the proposed 2018-2019 IHA are the same, the total estimated take
projections will be identical.
Description of Proposed Mitigation, Monitoring and Reporting Measures
A description of proposed mitigation, monitoring, and reporting
measures is found in the previous documents, which are identical to
those contained in this proposed 2018-2019 IHA. The following measures
would apply to ADOT&PF's mitigation requirements:
Establishment of Shutdown Zone--For all pile driving
activities, ADOT&PF will establish a shutdown zone. The purpose of a
shutdown zone is generally to define an area within which shutdown of
activity would occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area). In this case,
shutdown zones are intended to contain areas in which sound pressure
levels (SPLs) equal or exceed acoustic injury criteria for some
authorized species, based on NMFS' acoustic technical guidance
published in the Federal Register on August 4, 2016 (81 FR 51693).
Establishment of Monitoring Zones--ADOT&PF must identify
and establish Level A harassment zones. These zones are areas beyond
the shutdown zones where animals may be
[[Page 39427]]
exposed to sound levels that could result in permanent threshold shift
(PTS). ADOT&PF will also identify and establish Level B harassment
disturbance zones which are areas where SPLs equal or exceed 160 dB rms
for impact driving and 120 dB rms during vibratory driving. Observation
of monitoring zones enables observers to be aware of and communicate
the presence of marine mammals in the project area and outside the
shutdown zone and thus prepare for potential shutdowns of activity.
NMFS has established monitoring protocols described in the Federal
Register notice of the issuance (82 FR 17209; April 10, 2017) which are
based on the distance and size of the monitoring and shutdown zones.
These same protocols are contained in this proposed 2018-2019 IHA.
Temporal and Seasonal Restrictions--Work may only occur
during daylight hours, when visual monitoring of marine mammals can be
conducted and all in-water construction will be limited to the periods
between March 1 and May 31, 2018, and September 1 and November 30,
2018.
Soft Start--The use of a soft-start procedure is believed
to provide additional protection to marine mammals by providing warning
and/or giving marine mammals a chance to leave the area prior to the
hammer operating at full capacity. For impact pile driving, contractors
will be required to implement soft start procedures. Soft Start is not
required during vibratory pile driving and removal activities.
Visual Marine Mammal Observation--Monitoring must be
conducted by qualified marine mammal observers (MMOs), who are trained
biologists, with minimum qualifications described in the Federal
Register notice of the issuance of the 2017-2018 IHA (82 FR 17209;
April 4, 2017). In order to effectively monitor the pile driving
monitoring zones, two MMOs must be positioned at the best practical
vantage point(s). If waters exceed a sea-state which restricts the
observers' ability to make observations within the shutdown zone (e.g.,
excessive wind or fog), pile installation and removal will cease. Pile
driving will not be initiated until the entire shutdown zone is
visible. MMOs shall record specific information on the sighting forms
as described in the Federal Register notice of the issuance of the
2017-2018 IHA (82 FR 17209; April 10, 2017). At the conclusion of the
in-water construction work, ADOT&PF will provide NMFS with a monitoring
report which includes summaries of recorded takes and estimates of the
number of marine mammals that may have been harassed.
Determinations
ADOT&PF proposes to conduct activities similar to those covered in
the previous 2017-2018 IHA. As described above, the number of estimated
takes of the same stocks of marine mammals is the same as those
authorized in the 2017-2018 IHA that were found to meet the negligible
impact and small numbers standards. Our analysis showed that less than
9.07 percent of the populations of affected stocks, with the exception
of minke and killer whales, could be taken by harassment. For Northern
resident and West Coast transient killer whales, the percentages, when
instances of take are compared to abundance, are 48.2 percent and 51.8
percent, respectively. However, the takes estimated for these stocks
(up to 126 instances assuming all takes are accrued to a single stock)
are not likely to represent unique individuals. Instead, we anticipate
that there will be multiple takes of a smaller number of individuals.
The Northern resident killer whale stock are most commonly seen in
the waters around the northern end of Vancouver Island, and in
sheltered inlets along B.C.'s Central and North Coasts. They also range
northward into Southeast Alaska in the winter months. Pile driving
operations are not permitted from December through February. It is
unlikely that such a large portion of Northern resident killer whales
with ranges of this magnitude would be concentrated in and around Icy
Passage.
NMFS believes that small numbers of the West coast transient killer
whale stock would be taken based on the limited region of exposure in
comparison with the known distribution of the transient stock. The West
coast transient stock ranges from Southeast Alaska to California, while
the proposed project activity would be stationary. A notable percentage
of West coast transient whales have never been observed in Southeast
Alaska. Only 155 West coast transient killer whales have been
identified as occurring in Southeast Alaska according to Dahlheim and
White (2010). The same study identified three pods of transients,
equivalent to 19 animals that remained almost exclusively in the
southern part of Southeast Alaska (i.e. Clarence Strait and Sumner
Strait). This information indicates that only a small subset of the
entire West coast Transient stock would be at risk for take in the Icy
Passage area because a sizable portion of the stock has either not been
observed in Southeast Alaska or consistently remains far south of Icy
Passage.
There is no current abundance estimate for minke whale since
population data on this species is dated. However, the proposed take of
42 minke whales may be considered small. A visual survey for cetaceans
was conducted in the central-eastern Bering Sea in July-August 1999,
and in the southeastern Bering Sea in 2000. Results of the surveys in
1999 and 2000 provide provisional abundance estimates of 810 and 1,003
minke whales in the central-eastern and southeastern Bering Sea,
respectively (Moore et al., 2002). Additionally, line-transect surveys
were conducted in shelf and nearshore waters in 2001-2003 from the
Kenai Fjords in the Gulf of Alaska to the central Aleutian Islands.
Minke whale abundance was estimated to be 1,233 for this area (Zerbini
et al., 2006). However, these estimates cannot be used as an estimate
of the entire Alaska stock of minke whales because only a portion of
the stock's range was surveyed. (Allen and Anglis 2012). Clearly, 42
authorized takes should be considered a small number, as it constitutes
only 5.2 percent of the smallest abundance estimate generated during
the surveys just described and each of these surveys represented only a
portion of the minke whale range.
Note that the numbers of animals authorized to be taken for all
species, with the exception of Northern resident and West coast
transient killer whales, would be considered small relative to the
relevant stocks or populations even if each estimated taking occurred
to a new individual--an extremely unlikely scenario.
The proposed 2018-2019 IHA includes mitigation, monitoring, and
reporting requirements that are identical to those depicted in the
2017-2018 IHA, and there is no new information suggesting that our
analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) ADOT&PF's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action.
[[Page 39428]]
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
In order to comply with the ESA, NMFS Alaska Regional Office (AKR)
Protected Resources Division issued a Biological Opinion on March 21,
2017 under section 7 of the ESA, on the issuance of an IHA to ADOT&PF
under section 101(a)(5)(D) of the MMPA. This consultation concluded
that the project was likely to adversely affect but unlikely to
jeopardize the continued existence of the threatened Mexico DPS of
humpback whale (Megaptera novaeangliae) or the endangered western DPS
of Steller sea lion (Eumatopias jubatus), or adversely modify
designated critical habitat for Steller sea lions. In a memo dated June
13, 2018, NMFS AKR concluded that re-initiation of section 7
consultation is not necessary for the issuance of the proposed 2018-
2019 IHA. The only modification to the project is a time shift of one
year. No additional take has been requested by ADOT&PF or is proposed
for authorization by NMFS. All mitigation measures described in the
Biological Opinion would be implemented to reduce harassment of marine
mammals and document take of marine mammals. For these reasons, we
anticipate no new or changed effects of the action beyond what was
considered in the 2017 Biological Opinion.
Proposed Authorization and Request for Public Comments
As a result of these determinations, NMFS proposes to issue an IHA
to ADOT&PF for the Gustavus Ferry Terminal Improvements project in
Gustavus, AK from December 15, 2018 through December 14, 2019, provided
the previously described mitigation, monitoring, and reporting
requirements from the 2017-2018 IHA are incorporated. We request
comment on our analyses and the proposed issuance of the IHA which
would be identical to the previous IHA (https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-dot-gustavus-ferry-terminal-improvement-project). We also request comment on the potential
for renewal of this proposed IHA as described in the paragraph below.
Please include with your comments any supporting data or literature
citations to help inform our final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may issue a second one-year IHA
without additional notice when (1) another year of identical or nearly
identical activities as described in the Specified Activities section
is planned or (2) the activities would not be completed by the time the
IHA expires and a second IHA would allow for completion of the
activities beyond that described in the Dates and Duration section,
provided all of the following conditions are met:
A request for renewal is received no later than 60 days
prior to expiration of the current IHA;
The request for renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial dates either are identical to the previously analyzed
activities or include changes so minor (e.g., reduction in pile size)
that the changes do not affect the previous analyses, take estimates,
or mitigation and monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized; and
Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the original findings remain valid.
Dated: August 3, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-16993 Filed 8-8-18; 8:45 am]
BILLING CODE 3510-22-P
