Scoping Meeting for Protective Regulations for Killer Whales in the Inland Waters of Washington State, 57015-57016 [2019-23183]
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Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
the issuance of the 2018–2019 IHA for
the POK’s Port of Kalama Expansion
Project (83 FR 56304; November 13,
2018), the Federal Register notice of
proposed IHA for the 2018–2019 IHA
(83 FR 35220; July 25, 2018), the
corrected Federal Register notice of
proposed IHA for the 2018–2019 IHA
(83 FR 40257; August 14, 2018), the
Federal Register notice of the issuance
of the 2017–2018 IHA (81 FR 89436,
December 12, 2016), the Federal
Register notice of the proposed IHA (81
FR 15064, March 21, 2016), POK’s
application (and 2018 application
addendum), and all associated
references and documents.
khammond on DSKJM1Z7X2PROD with NOTICES
Determinations
POK will conduct activities identical
to those analyzed in the previous 2018
IHA. As described above, the number of
authorized takes of the same species and
stocks of marine mammals are identical
to the numbers that were found to meet
the negligible impact and small
numbers standards and authorized
under the 2018 IHA and no new
information has emerged that would
change those findings. The re-issued
2019 IHA includes identical required
mitigation, monitoring, and reporting
measures as the 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) POK’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.
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 with respect to
environmental consequences on the
human environment.
Accordingly, NMFS has determined
that the issuance of the IHA qualifies to
be categorically excluded from further
NEPA review. This action is consistent
with categories of activities identified in
CE B4 of the Companion Manual for
VerDate Sep<11>2014
17:34 Oct 23, 2019
Jkt 250001
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.
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.
No incidental take of ESA-listed marine
mammal species is expected to result
from this activity, and none would be
authorized. Therefore, NMFS has
determined that consultation under
section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued an IHA to POK for
in-water construction activities
associated with the POK Expansion
Project from October 19, 2019 through
October 18, 2020. All previously
described mitigation, monitoring, and
reporting requirements from the 2018
IHA are incorporated.
Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–23184 Filed 10–23–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW010
Scoping Meeting for Protective
Regulations for Killer Whales in the
Inland Waters of Washington State
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting,
request for comments.
AGENCY:
This notice informs the public
of an upcoming scoping process,
including a scoping meeting, to solicit
SUMMARY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
57015
public comments on whether, based on
best available information, existing
National Marine Fisheries Service
(NMFS) regulations and other measures
adequately protect killer whales from
the impacts of vessels and noise in the
inland waters of Washington State and,
if not, what actions NMFS should take.
To inform comments, information on
existing regulations and other protective
measures are available at: https://
archive.fisheries.noaa.gov/wcr/
protected_species/marine_mammals/
killer_whale/vessel_regulations.html.
DATES: Written or electronic scoping
comments must be received by
December 23, 2019.
ADDRESSES: You may submit comments
on this document by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments by sending
an email to OrcaRecovery.WCR@
noaa.gov using the subject line
‘‘Comments on Protective Regulations
for Killer Whales Scoping.’’
• Mail: Submit written comments to
Seattle Branch Chief, Protected
Resources Division, West Coast Region,
National Marine Fisheries Service, 7600
Sand Point Way NE, Building 1, Seattle,
WA 98115, Attn: SRKW Vessel
Regulation Revision.
Comments can also be provided in
person during the scoping meeting,
listed below.
FOR FURTHER INFORMATION CONTACT:
Grace Ferrara, West Coast Region,
National Marine Fisheries Service.
Telephone: 206–526–6172. Email:
grace.ferrara@noaa.gov.
SUPPLEMENTARY INFORMATION:
Dates, Times, and Locations
The date, time, and location of the
scoping meeting is scheduled as
follows:
Tuesday, November 12th, 2019—
Friday Harbor, WA, 5 p.m. to 8 p.m.,
Brickworks Event Center, 150 Nichols
St., Friday Harbor, WA 98250.
Background
NMFS listed the Southern Resident
killer whale distinct population segment
as endangered under the Endangered
Species Act (ESA) in 2005 (70 FR 69903;
November 18, 2005). During the listing
of Southern Residents and the
development of the 2008 Recovery Plan,
vessel impacts were identified as one of
the three main threats to recovery
(NMFS, 2008). While in the inland
waters of Washington State, this
population is the target of an active
transboundary commercial whale watch
industry. In 2009, NMFS concluded that
the voluntary guidelines in place to
E:\FR\FM\24OCN1.SGM
24OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
57016
Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
reduce vessel impacts on the whales
were not adequately addressing this
threat and initiated a formal rulemaking
process to establish mandatory
regulations. The final rule published in
2011 consisted of two measures: (1) A
prohibition on approaching any killer
whale within 200 yards, and (2) a
prohibition on parking in the path of
any killer whale within 400 yards.
These regulations apply to all killer
whales in the inland waters of
Washington State.
When NMFS implemented these
protective vessel regulations in 2011, we
committed to evaluating their
effectiveness post-implementation.
NMFS completed this evaluation in
2017 and the Technical Memo (Ferrara
et al., 2017) can be found here: https://
archive.fisheries.noaa.gov/wcr/
publications/protected_species/marine_
mammals/killer_whales/noaa_
techmemo_nmfsopr-58_dec2017.pdf.
Although received noise levels were
variable and not significantly lower after
the regulations were put in place (Holt
et al., 2017), the conclusions of this
evaluation indicate that there have been
some benefits to having protective
regulations in place (Ferrara et al.,
2017). An economic analysis showed
that, based on a review of multiple
indicators for the ecotourism industry,
the regulations did not have a negative
impact on the commercial whale watch
industry, but rather that the industry
continued to grow after the regulations
were put in place (Industrial Economics,
2015). These results indicate that
additional protective measures could
provide a greater biological benefit to
the whales without necessarily harming
the commercial whale watch industry.
Since the implementation of the 2011
vessel regulations, NMFS has continued
to participate in efforts to develop and
receive public input for protective
measures to reduce vessel impacts on
killer whales in Washington’s inland
waters. NMFS has partnered with the
Washington Department of Fish and
Wildlife (WDFW) to enforce the
regulations, providing funding through
three ESA grants from 2013 to the
present to expand WDFW’s involvement
in protecting Southern Resident killer
whales. A killer whale protection
workshop held by NMFS in 2013
brought scientists, enforcement officers,
non-governmental organizations,
industry, and members of the public
together to review existing protections
for the whales as well as the role of
monitoring, enforcement of boater
education efforts, identify data gaps,
and provide an opportunity for
stakeholder input on next steps to
address vessel effects on killer whales.
VerDate Sep<11>2014
17:34 Oct 23, 2019
Jkt 250001
In late 2016, NMFS received a petition
to establish a Whale Protection Zone
(WPZ) on the west side of San Juan
Island. In response to that petition,
NMFS sought public comment and,
during a 90-day comment period in
2017, members of the public, local and
state government, federal agencies,
tribal organizations, NGOs, and industry
submitted comments on the proposed
WPZ design as well as protected areas
for Southern Residents in general.
NMFS also engaged in broader efforts
to study and develop measures to
reduce vessel impacts. In March 2018,
the Washington State Governor
established the Southern Resident Orca
Task Force to identify immediate
actions to benefit Southern Residents as
well as develop a long-term action plan
for recovery. NMFS serves on this Task
Force as well as in its Vessel Working
Group. In its first year, the Task Force
made 12 recommendations to fulfill the
goal of reducing disturbance from
vessels to Southern Residents. The full
list of recommendations can be found
here: https://www.governor.wa.gov/
sites/default/files/OrcaTaskForce_
reportandrecommendations_
11.16.18.pdf. Several of these
recommendations were taken up by the
Washington State legislature in 2019,
including the recommendations to
increase the approach distance and
establish a go-slow zone around
Southern Residents.
Since 2017 NMFS has also served on
the Advisory Working Group and the
Acoustic Technical Committee for a
voluntary slow-down trial, called
ECHO, for piloted vessels transiting
through Haro Strait. This trial has
provided valuable insight into the
impact of reducing the speed of large
ships on the ambient noise level in an
important foraging area for Southern
Resident killer whales, as well as the
impact of displacing vessel traffic away
from an area frequented by Southern
Residents. When compared to the pretrial period, the acoustic intensity of
ambient noise in the area of the west
coast of San Juan Island was reduced by
as much as 44 percent (corresponding to
a 2.5 DB reduction in media sound
pressure level) when vessel slowed
down through the Strait (Joy et al.,
2019). Results of the lateral
displacement trials are pending.
Public Comments
This scoping process aims to gather
input regarding the need to revise the
existing regulations, the scope of actions
to be proposed for any rulemaking, the
development of alternatives to that
would be analyzed in the NEPA
analysis, and the potential impact of
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
management actions. NMFS is soliciting
information from the public,
governmental agencies, Tribes, the
scientific community, industry,
environmental entities, and any other
interested parties. In particular, we
request information and comments
concerning: (1) The advisability of and
need for changes to the existing
regulations; (2) alternative management
options for regulating vessel interactions
with killer whales; (3) scientific and
commercial information regarding the
effect of vessels on killer whales and
their habitat; (4) potential economic
impacts of management options; and (5)
any additional relevant information that
NMFS should consider should it
undertake rulemaking. In any future
rulemaking, NMFS would consider
existing voluntary and regulatory efforts
to protect the whales, effectiveness and
consistency of protective measures,
transboundary coordination, the best
available scientific information and
public input in developing any
amendments to the current federal
vessel regulations.
Comments and suggestions received
as part of this scoping process will be
considered when developing the
alternatives for analysis. Comments that
were submitted to NMFS regarding the
2010 Environmental Assessment or
previous proposed rule will be
considered and do not need to be
resubmitted.
Authority: 40 CFR 1501.2, 1501.7; 16
U.S.C. 1540(f)) and MMPA section 112(a) (16
U.S.C. 1382(a)).
Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–23183 Filed 10–23–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR039
Marine Mammals; File No. 22677
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
NMFS Pacific Islands Fisheries Science
Center, Hawaiian monk seal Research
Program (Responsible Party, Charles
Littnan), has applied in due form for a
permit to conduct research and
SUMMARY:
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57015-57016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23183]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW010
Scoping Meeting for Protective Regulations for Killer Whales in
the Inland Waters of Washington State
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of public meeting, request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice informs the public of an upcoming scoping process,
including a scoping meeting, to solicit public comments on whether,
based on best available information, existing National Marine Fisheries
Service (NMFS) regulations and other measures adequately protect killer
whales from the impacts of vessels and noise in the inland waters of
Washington State and, if not, what actions NMFS should take. To inform
comments, information on existing regulations and other protective
measures are available at: https://archive.fisheries.noaa.gov/wcr/protected_species/marine_mammals/killer_whale/vessel_regulations.html.
DATES: Written or electronic scoping comments must be received by
December 23, 2019.
ADDRESSES: You may submit comments on this document by either of the
following methods:
Electronic Submission: Submit all electronic public
comments by sending an email to [email protected] using the
subject line ``Comments on Protective Regulations for Killer Whales
Scoping.''
Mail: Submit written comments to Seattle Branch Chief,
Protected Resources Division, West Coast Region, National Marine
Fisheries Service, 7600 Sand Point Way NE, Building 1, Seattle, WA
98115, Attn: SRKW Vessel Regulation Revision.
Comments can also be provided in person during the scoping meeting,
listed below.
FOR FURTHER INFORMATION CONTACT: Grace Ferrara, West Coast Region,
National Marine Fisheries Service. Telephone: 206-526-6172. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Dates, Times, and Locations
The date, time, and location of the scoping meeting is scheduled as
follows:
Tuesday, November 12th, 2019--Friday Harbor, WA, 5 p.m. to 8 p.m.,
Brickworks Event Center, 150 Nichols St., Friday Harbor, WA 98250.
Background
NMFS listed the Southern Resident killer whale distinct population
segment as endangered under the Endangered Species Act (ESA) in 2005
(70 FR 69903; November 18, 2005). During the listing of Southern
Residents and the development of the 2008 Recovery Plan, vessel impacts
were identified as one of the three main threats to recovery (NMFS,
2008). While in the inland waters of Washington State, this population
is the target of an active transboundary commercial whale watch
industry. In 2009, NMFS concluded that the voluntary guidelines in
place to
[[Page 57016]]
reduce vessel impacts on the whales were not adequately addressing this
threat and initiated a formal rulemaking process to establish mandatory
regulations. The final rule published in 2011 consisted of two
measures: (1) A prohibition on approaching any killer whale within 200
yards, and (2) a prohibition on parking in the path of any killer whale
within 400 yards. These regulations apply to all killer whales in the
inland waters of Washington State.
When NMFS implemented these protective vessel regulations in 2011,
we committed to evaluating their effectiveness post-implementation.
NMFS completed this evaluation in 2017 and the Technical Memo (Ferrara
et al., 2017) can be found here: https://archive.fisheries.noaa.gov/wcr/publications/protected_species/marine_mammals/killer_whales/noaa_techmemo_nmfsopr-58_dec2017.pdf. Although received noise levels
were variable and not significantly lower after the regulations were
put in place (Holt et al., 2017), the conclusions of this evaluation
indicate that there have been some benefits to having protective
regulations in place (Ferrara et al., 2017). An economic analysis
showed that, based on a review of multiple indicators for the
ecotourism industry, the regulations did not have a negative impact on
the commercial whale watch industry, but rather that the industry
continued to grow after the regulations were put in place (Industrial
Economics, 2015). These results indicate that additional protective
measures could provide a greater biological benefit to the whales
without necessarily harming the commercial whale watch industry.
Since the implementation of the 2011 vessel regulations, NMFS has
continued to participate in efforts to develop and receive public input
for protective measures to reduce vessel impacts on killer whales in
Washington's inland waters. NMFS has partnered with the Washington
Department of Fish and Wildlife (WDFW) to enforce the regulations,
providing funding through three ESA grants from 2013 to the present to
expand WDFW's involvement in protecting Southern Resident killer
whales. A killer whale protection workshop held by NMFS in 2013 brought
scientists, enforcement officers, non-governmental organizations,
industry, and members of the public together to review existing
protections for the whales as well as the role of monitoring,
enforcement of boater education efforts, identify data gaps, and
provide an opportunity for stakeholder input on next steps to address
vessel effects on killer whales. In late 2016, NMFS received a petition
to establish a Whale Protection Zone (WPZ) on the west side of San Juan
Island. In response to that petition, NMFS sought public comment and,
during a 90-day comment period in 2017, members of the public, local
and state government, federal agencies, tribal organizations, NGOs, and
industry submitted comments on the proposed WPZ design as well as
protected areas for Southern Residents in general.
NMFS also engaged in broader efforts to study and develop measures
to reduce vessel impacts. In March 2018, the Washington State Governor
established the Southern Resident Orca Task Force to identify immediate
actions to benefit Southern Residents as well as develop a long-term
action plan for recovery. NMFS serves on this Task Force as well as in
its Vessel Working Group. In its first year, the Task Force made 12
recommendations to fulfill the goal of reducing disturbance from
vessels to Southern Residents. The full list of recommendations can be
found here: https://www.governor.wa.gov/sites/default/files/OrcaTaskForce_reportandrecommendations_11.16.18.pdf. Several of these
recommendations were taken up by the Washington State legislature in
2019, including the recommendations to increase the approach distance
and establish a go-slow zone around Southern Residents.
Since 2017 NMFS has also served on the Advisory Working Group and
the Acoustic Technical Committee for a voluntary slow-down trial,
called ECHO, for piloted vessels transiting through Haro Strait. This
trial has provided valuable insight into the impact of reducing the
speed of large ships on the ambient noise level in an important
foraging area for Southern Resident killer whales, as well as the
impact of displacing vessel traffic away from an area frequented by
Southern Residents. When compared to the pre-trial period, the acoustic
intensity of ambient noise in the area of the west coast of San Juan
Island was reduced by as much as 44 percent (corresponding to a 2.5 DB
reduction in media sound pressure level) when vessel slowed down
through the Strait (Joy et al., 2019). Results of the lateral
displacement trials are pending.
Public Comments
This scoping process aims to gather input regarding the need to
revise the existing regulations, the scope of actions to be proposed
for any rulemaking, the development of alternatives to that would be
analyzed in the NEPA analysis, and the potential impact of management
actions. NMFS is soliciting information from the public, governmental
agencies, Tribes, the scientific community, industry, environmental
entities, and any other interested parties. In particular, we request
information and comments concerning: (1) The advisability of and need
for changes to the existing regulations; (2) alternative management
options for regulating vessel interactions with killer whales; (3)
scientific and commercial information regarding the effect of vessels
on killer whales and their habitat; (4) potential economic impacts of
management options; and (5) any additional relevant information that
NMFS should consider should it undertake rulemaking. In any future
rulemaking, NMFS would consider existing voluntary and regulatory
efforts to protect the whales, effectiveness and consistency of
protective measures, transboundary coordination, the best available
scientific information and public input in developing any amendments to
the current federal vessel regulations.
Comments and suggestions received as part of this scoping process
will be considered when developing the alternatives for analysis.
Comments that were submitted to NMFS regarding the 2010 Environmental
Assessment or previous proposed rule will be considered and do not need
to be resubmitted.
Authority: 40 CFR 1501.2, 1501.7; 16 U.S.C. 1540(f)) and MMPA
section 112(a) (16 U.S.C. 1382(a)).
Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-23183 Filed 10-23-19; 8:45 am]
BILLING CODE 3510-22-P
