Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Old Sitka Dock North Dolphins Expansion Project in Sitka, Alaska, 22392-22396 [2021-08868]
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Dated: April 21, 2021.
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Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Dalmine’s Cutting Costs
Comment 2: Major Input Adjustment for
Hollows
Comment 3: Correct Level of Trade (LOT)
Variables
Comment 4: Ministerial Error Regarding
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[FR Doc. 2021–08793 Filed 4–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB043]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Old Sitka
Dock North Dolphins Expansion
Project in Sitka, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Halibut Point Marine Services, LLC
(HPMS) to incidentally harass, by Level
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SUMMARY:
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A and Level B harassment only, marine
mammals during construction activities
associated with the Old Sitka Dock
North Dolphins Expansion Project in
Sitka, Alaska.
DATES: This Authorization is valid from
April 15, 2021 through April 14, 2022.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the original
application, request for a new IHA, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
incidental take authorization is
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds 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
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
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History of Request
On July 30, 2019, NMFS received a
request from HPMS for an IHA to take
marine mammals incidental to dock
expansion activities. On April 8, 2020,
NMFS issued an IHA to HPMS to take
marine mammals incidental to the Old
Sitka Dock North Dolphins Expansion
Project in Sitka, Alaska (85 FR 21399,
April 17, 2020), effective from October
1, 2020 through February 28, 2021. On
February 3, 2021, NMFS received an
application to complete the remaining
work from the 2020 IHA. The
application was deemed adequate and
complete on February 21, 2021. As
described in the application for the new
IHA, the activities for which incidental
take is requested were covered by the
2020 authorization but will not be
completed prior to its expiration. HPMS
requested the new IHA be effective from
April 15, 2021 through April 14, 2022.
We proposed to issue an IHA on March
18, 2021 (86 FR 14727).
Description of the Specified Activities
and Anticipated Impacts
As described in the 2020 IHA, HPMS
is adding two additional dolphin
structures and strengthening two
existing dolphin structures at their
deep-water dock facility in Sitka Sound.
Construction at the dock facility
includes vibratory pile installation (and
small impact if necessary) and vibratory
removal of eight temporary, 30-inch
template pile structures, vibratory and
impact installation of 10 48-inch
permanent piles comprising the
dolphins, and down-the-hole drilling to
install eight bedrock anchors for the
permanent piles of the dolphins. The
only remaining work for this IHA is
constructing one new dolphin (i.e., four
30-inch template piles and four 48-inch
piles). The remaining work consists of 9
days of in-water work.
Vibratory pile removal and
installation, impact pile installation,
and drilling activity will introduce
underwater sounds that may result in
take, by Level A and Level B
harassment, of seven species (Level A
harassment is authorized for only two of
the seven species) of marine mammals
in Sitka Sound. As of February 21, 2021
the project has recorded small Level B
harassment takes of three species. This
IHA authorizes the remaining take
associated with the work not completed
under the 2020 IHA. A detailed
description of the planned project is
provided in the Federal Register notice
for the proposed IHA (86 FR 14727;
March 18, 2021). Since that time, no
changes have been made to the planned
activities. Therefore, a detailed
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description is not provided here. Please
refer to that Federal Register notice and
the original proposed and final IHA
documents referenced therein for the
description of the specific activity.
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to HPMS was published in the
Federal Register on March 18, 2021 (86
FR 14727). That notice described, in
detail, HPMS’s activity, the marine
mammal species that may be affected by
the activity, and the anticipated effects
on marine mammals. During the 30-day
public comment period, NMFS received
no public comment.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is authorized here,
including information on abundance,
status, distribution, and hearing, may be
found in the notices of the proposed and
final IHAs for the 2020 authorization.
NMFS has reviewed the monitoring data
from the 2020 IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or the pertinent information
in the Description of the Marine
Mammals in the Area of Specified
Activities contained in the supporting
documents for the 2020 IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the notices of the
proposed and final IHAs for the 2020
authorization. NMFS has reviewed the
monitoring data from the 2020 IHA,
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature, and determined that, besides
the revised understanding of down-thehole drilling source levels and Steller’s
sea lion occurrence mentioned above
and analyzed below, neither this nor
any other new information affects our
initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the notice
of the final IHA for the 2020 IHA.
Specifically, the source levels, and days
of operation applicable to this
authorization remain unchanged from
the previously issued IHA, except for
the change to the down-the-hole drilling
source level and Level A harassment
zones described below and in Table 1.
Similarly, the stocks taken, methods of
take, and types of take remain
unchanged from the previously issued
IHA. The only change to the marine
mammal density/occurrence data is an
increase in Steller’s sea lions around the
time of the herring run as discussed
below. The only change to the number
of takes, which are indicated below in
Table 2, is to account for the increased
occurrence of Steller’s sea lions and the
work remaining to be completed.
Because the Level B source levels and
harassment zone sizes for down-thehole drilling did not change from the
2020 IHA we do not change the overall
or Level B harassment take from downthe-hole drilling. However, in the 2020
IHA we used a source level of 166.2 dB
(RMS) (decibels root mean square) to
calculate the Level A harassment
isopleths for down-the-hole drilling.
More recent hydroacoustic data and
analysis from down-the-hole drilling
projects has led us to recommend the
use of a source level of 164 dB SELss
(sound exposure level single strike)
from Denes et al. (2019) for the
impulsive component of this source
relevant for Level A harassment isopleth
calculation. Using this source level and
the equivalent user spreadsheet inputs,
the Level A harassment isopleths for the
down-the-hole drilling increase from 10
to 336.5 m, depending on hearing group,
in the 2020 IHA, to 26.1 to 873.7 m in
this IHA (Table 1).
TABLE 1—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS FOR DOWN-THE-HOLE DRILLING FROM THE
2020 IHA AND THIS IHA
Level A harassment zone
(m)
Activity
Low-frequency
cetaceans
Mid-frequency
cetaceans
282.5
733.5
10.0
26.1
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33-inch down-the-hole (2020 IHA) .......................................
33-inch down-the-hole (this IHA) .........................................
While the Level A harassment zones
for down-the-hole drilling increase for
this IHA as discussed above, we do not
increase the Level A harassment takes
for any species. HPMS is planning to
implement activity-specific shutdown
zones that are larger than in the 2020
IHA for down-the-hole drilling for all
hearing groups except high-frequency
cetaceans (Table 3). The revised downthe-hole drilling shutdown zones for
low- and mid-frequency cetaceans and
otariids are smaller than the largest
Level A shutdown zones for those
groups in the 2020 IHA, which did not
necessitate any Level A takes in the
2020 IHA. Shutdown zones are expected
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to be successful in mitigating take for all
of these species. Therefore, there is no
need to revise or add Level A takes for
any of these species in this IHA. The
preliminary monitoring report shows no
Level A or Level B harassment take of
harbor porpoises through the
completion of half of the project.
Therefore, we believe that the
previously authorized daily rate of Level
A harassment takes is adequate to
complete the project. The preliminary
monitoring report shows 1 Level B
harassment take and no Level A
harassment takes of harbor seals
(phocid) through the completion of half
of the project. We have also proposed
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Highfrequency
cetaceans
336.5
873.7
Phocid
pinnipeds
151.2
392.5
Otariid
pinnipeds
11.0
28.6
doubling the size of the shutdown zone
for harbor seals. Therefore, we believe
that the previously authorized daily rate
of Level A harassment takes is adequate
to complete the project.
As discussed above, the 2020 IHA was
not effective during the spring/summer
run of herring upon which Steller’s sea
lions are known to congregate near to
feed on. To account for this potential for
HPMS construction activity to affect
more Steller sea lions we are increasing
the estimate that two groups of eight
Steller sea lions may occur within the
Level B harassment zone on each of the
days of in-water construction used in
the 2020 IHA to three groups of eight
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Steller sea lions may occur within the
Level B harassment zone on each of the
days of in-water construction for this
IHA. Thus we estimate that 8 animals in
a group × 3 groups each day × 9 days
of in water work = 216 Level B
harassment takes be authorized. As
discussed in the 2020 IHA NMFS has
determined that for management
purposes the proportion of Western
Distinct Population Segment (DPS)
Steller sea lions in that area will be
calculated based on Hastings et al.
(2020). As such, NMFS expects that 2.2
percent of Steller sea lions in the project
area will be from the Endangered
Species Act (ESA)-listed Western DPS,
with the remaining 97.8 percent
expected to be from the Eastern DPS.
Therefore, of the 216 Level B
harassment takes requested, 5 takes are
expected to be of Steller sea lions from
the ESA-listed Western DPS (western
stock) and 211 are expected to be of
Steller sea lions from the Eastern DPS
(eastern stock).
Based on the above discussion
therefore, the only changes to the take
for this IHA (Table 2) are to increase the
daily rate of take by Level B harassment
for increased occurrence of Steller’s sea
lions.
TABLE 2—ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES AND STOCK
Level A
harassment
take
Common name
Stock
Gray Whale .....................................................
Minke Whale ...................................................
Humpback Whale ............................................
Killer Whale .....................................................
Eastern North Pacific .....................................
Alaska .............................................................
Central North Pacific ......................................
Eastern North Pacific Alaska Resident ..........
Gulf of Alaska, Aleutian Islands, Bering Sea
Transient.
Eastern North Pacific Northern Resident.
West Coast Transient.
Southeast Alaska ...........................................
Eastern U.S. ...................................................
Western U.S. ..................................................
Sitka/Chatham Strait ......................................
Harbor Porpoise ..............................................
Steller Sea Lion a ............................................
Harbor Seal .....................................................
a Eastern
Level B
harassment
take
Total take
0
0
0
0
3
2
72
16
3
2
72
16
4
0
45
211
5
252
49
211
5
256
4
U.S. and Western U.S. stocks correspond to the Eastern DPS and Western DPS, respectively.
TABLE 3—SHUTDOWN ZONES BY MARINE MAMMAL HEARING GROUP, PILE SIZE, AND METHOD
Shutdown Zone
(m)
Activity
LF Cetaceans
MF Cetaceans
HF Cetaceans
50
50
300
750
10
10
10
30
50
50
200
200
25
25
100
200
10
10
25
30
825
50
100
100
50
30-inch Vibratory Pile Driving/Removal ...............................
48-inch Vibratory Pile Driving ..............................................
Down-the-hole Drilling (2020 IHA) .......................................
Down-the-hole Drilling (this IHA) .........................................
48-inch Impact Pile Driving (and 30-inch impact pile driving, as necessary) ............................................................
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Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the 2020 IHA, except for the
changes to the shutdown zones for
down-the-hole drilling for low and midfrequency cetaceans and pinnipeds
discussed above. Because the estimated
take, and total authorized take, has not
increased, the discussion of the least
practicable adverse impact included in
in the Federal Register notice
announcing the issuance of the 2020
IHA remains accurate. The following
measures are included in this
authorization:
• Conduct briefings between
construction supervisors and crews and
the marine mammal monitoring team
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prior to the start of all pile driving
activity and when new personnel join
the work, to explain responsibilities,
communication procedures, marine
mammal monitoring protocol, and
operational procedures;
• For in-water heavy machinery work
other than pile driving (e.g., standard
barges, etc.), if a marine mammal comes
within 10 m, operations shall cease and
vessels shall reduce speed to the
minimum level required to maintain
steerage and safe working conditions.
This type of work could include the
following activities: (1) Movement of the
barge to the pile location, or (2)
positioning of the pile on the substrate
via a crane (i.e., stabbing the pile);
• Drive all piles with a vibratory
hammer until achieving a desired depth
or refusal prior to using an impact
hammer;
• For those marine mammals for
which Level B harassment take has not
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Phocids
Otariids
been requested, in-water pile
installation/removal will shut down
immediately if such species are
observed within or on a path towards
the Level B harassment zone;
• If take reaches the authorized limit
for an authorized species, pile
installation will be shut down as these
species approach the Level B
harassment zone to avoid additional
take;
• Implement all mitigation measures
described in the biological opinion;
• Establish shutdown zones for all
pile driving/removal and drilling
activities. Shutdown zones will vary
based on the activity type and marine
mammal hearing group (see Table 3);
• Monitor the Level B harassment
zones and Level A harassment zones;
• The placement of protected species
observers (PSOs) during all pile driving
and removal and drilling activities will
ensure that the entire shutdown zone is
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visible during pile installation. Should
environmental conditions deteriorate
such that marine mammals within the
entire shutdown zone will not be visible
(e.g., fog, heavy rain), pile driving and
removal must be delayed until the PSO
is confident marine mammals within
the shutdown zone could be detected.
Due to the large Level B harassment
zones (Table 3), PSOs will not be able
to effectively observe the entire zone.
Therefore, Level B harassment
exposures will be recorded and
extrapolated based upon the number of
observed takes and the percentage of the
Level B harassment zone that was not
visible;
• Soft Start—For impact pile driving,
contractors will be required to provide
an initial set of three strikes from the
hammer at 40 percent energy, followed
by a 1 minute waiting period. This
procedure will be conducted three times
before impact pile driving begins. Soft
start will be implemented at the start of
each day’s impact pile driving and at
any time following cessation of impact
pile driving for a period of 30 minutes
or longer;
• Pre-activity Monitoring—Prior to
the start of daily in-water construction
activity, or whenever a break in pile
driving/removal or drilling of 30
minutes or longer occurs, PSOs will
observe the shutdown and monitoring
zones for a period of 30 minutes. The
shutdown zone will be considered
cleared when a marine mammal has not
been observed within the zone for that
30-minute period. If a marine mammal
is observed within the shutdown zone,
a soft-start cannot proceed until the
animal has left the zone or has not been
observed for 15 minutes. If the Level B
harassment zone has been observed for
30 minutes and no species for which
take is not authorized are present within
the zone, soft start procedures can
commence and work can continue even
if visibility becomes impaired within
the Level B harassment monitoring
zone. When a marine mammal for
which Level B harassment take is
authorized is present in the Level B
harassment zone, activities may begin
and Level B harassment take will be
recorded. If the entire Level B
harassment zone is not visible at the
start of construction, pile driving or
drilling activities can begin. If work
ceases for more than 30 minutes, the
pre-activity monitoring of both the Level
B harassment zone and shutdown zones
will commence;
• Monitoring will be conducted 30
minutes before, during, and 30 minutes
after pile driving/removal and drilling
activities. In addition, observers shall
record all incidents of marine mammal
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occurrence, regardless of distance from
activity, and shall document any
behavioral reactions in concert with
distance from piles being driven or
removed or anchor shafts being drilled.
Pile driving and drilling activities
include the time to install, remove, or
drill inside a single pile or series of
piles, as long as the time elapsed
between uses of the pile driving or
drilling equipment is no more than 30
minutes;
• A draft marine mammal monitoring
report will be submitted to NMFS
within 90 days after the completion of
pile driving and removal activities. If no
comments are received from NMFS
within 30 days, the draft report will
constitute the final report. If comments
are received, a final report addressing
NMFS comments must be submitted
within 30 days after receipt of
comments; and
• In the event that personnel involved
in the construction activities discover
an injured or dead marine mammal, the
IHA-holder must immediately cease the
specified activities and report the
incident to the Office of Protected
Resources (OPR) (301–427–8401),
NMFS and to Alaska Regional Stranding
Coordinator (907–586–7209) as soon as
feasible.
Determinations
The action in this IHA is identical to
the action in the 2020 IHA except that
work will now be allowed from April
15, 2021 through April 14, 2022,
Steller’s sea lion daily rate of take has
increased, and the down-the-hole
drilling Level A harassment source
levels and zones have been updated to
our current standards. As described in
the notice of issuance of the 2020 final
IHA (85 FR 21399, April 17, 2020) we
found that HPMS’ construction
activities would have a negligible
impact and that the taking would be
small relative to population size. For
this analysis of the new IHA we found
that marine mammal abundance was
still estimated to be the same or larger
than was known for the 2020 IHA and
that any changes did not affect our
analysis or findings. Other marine
mammal information and the potential
effects were identical to the 2020 IHA.
The estimated take was calculated
identically to the 2020 IHA, except for
Steller’s sea lions. For Steller’s sea lions
the total take that occurred during the
2020 IHA plus the take authorized here
are less than the take authorized in the
2020 IHA. Mitigation and monitoring
are identical to the 2020 IHA except for
the increase in Level A harassment and
shutdown zones for the down-the-hole
drilling for four hearing groups. These
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22395
new zones are smaller than the existing
zones for impact driving of the 48-inch
piles, meaning there is no change to the
largest Level A harassment or shutdown
zones for the project as a whole, just
potentially the number of days where
larger Level A harassment and
shutdown zones would need to be
implemented.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the 2020 IHA. This
includes consideration of the estimated
abundance of one stock of killer whales
increasing slightly, the change in
months of work and Steller’s sea lion
take per work day, and the updated
consideration of own-the-hole drilling
source levels and Level A harassment
zones.
Based on the information and analysis
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
proposed authorized takes will have a
negligible impact on the affected marine
mammal species or stocks; (3) the
proposed authorized takes represent
small numbers of marine mammals
relative to the affected stock
abundances; (4) HPMS’ 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;
and, (5) appropriate monitoring and
reporting requirements are included.
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
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 IHAs 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
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
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Endangered Species Act
DEPARTMENT OF COMMERCE
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, in this
case with the Alaska Region, Protected
Resources Division Office, whenever we
propose to authorize take for
endangered or threatened species.
Two marine mammal species, Mexico
DPS humpback whales and Western
DPS Steller sea lions, occur in the
project area and are listed as threatened
and endangered, respectively, under the
ESA. The NMFS Alaska Regional OPR
Division issued a Biological Opinion
under section 7 of the ESA, on the
issuance of an IHA to HPMS under
section 101(a)(5)(D) of the MMPA by the
NMFS Permits and Conservation
Division. The Biological Opinion
concluded that the action is not likely
to jeopardize the continued existence of
either species, and is not likely to
destroy or adversely modify western
DPS Steller sea lion critical habitat. On
February 23, 2021, the NMFS Alaska
Regional Office Protected Resources
Division notified us that they would
issue a memo to the file, noting that the
changes to allow work year round and
to the down-the-hole drilling source
levels do not alter the conclusions of the
original Biological Opinion as long as
the revised shutdown zones are
implemented as additional mitigation
and monitoring requirements, and no reinitiation of the consultation is
necessary.
National Oceanic and Atmospheric
Administration
Authorization
jbell on DSKJLSW7X2PROD with NOTICES
NMFS has issued an IHA to HPMS for
the potential harassment of small
numbers of seven marine mammal
species incidental to the Old Sitka Dock
North Dolphins Expansion Project in
Sitka, Alaska, provided the previously
mentioned mitigation, monitoring and
reporting requirements are followed.
Dated: April 22, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–08868 Filed 4–27–21; 8:45 am]
BILLING CODE 3510–22–P
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19:17 Apr 27, 2021
Jkt 253001
[RTID 0648–XB021]
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Citizen Science
Operations Committee via webinar May
19, 2021.
DATES: The Citizen Science Operations
Committee meeting will be held via
webinar on Wednesday, May 19, 2021,
from 1 p.m. until 3 p.m.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Those
interested in participating should
contact Julia Byrd (see FOR FURTHER
INFORMATION CONTACT below) to request
an invitation providing webinar access
information. Please request webinar
invitations at least 24 hours in advance
of each webinar. There will be an
opportunity for public comment at the
beginning of the meeting.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Julia
Byrd, Citizen Science Program Manager,
SAFMC; phone: (843) 302–8439 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: julia.byrd@safmc.net.
SUPPLEMENTARY INFORMATION: The
Citizen Science Operations Committee
serves as advisors to the Council’s
Citizen Science Program. Committee
members include representatives from
the Council’s Citizen Science Advisory
Panel, NOAA Fisheries’ Southeast
Regional Office, NOAA Fisheries’
Southeast Fisheries Science Center, and
the Council’s Science and Statistical
Committee. Their responsibilities
include developing programmatic
recommendations, reviewing policies,
providing program direction/multipartner support, identifying citizen
science research needs, and providing
general advice.
Agenda items include:
1. Discuss the Council’s Citizen
Science Program initial evaluation plan,
including review of a draft interview
script;
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
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2. Citizen Science Program Update;
and
3. Other Business
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 3 days
prior to the meeting.
Note: The times and sequence
specified in this agenda are subject to
change.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–08844 Filed 4–27–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB026]
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 72 Assessment
Webinar II for Gulf of Mexico gag
grouper.
AGENCY:
The SEDAR 72 stock
assessment process for Gulf of Mexico
gag grouper will consist of a series of
data and assessment webinars. See
SUPPLEMENTARY INFORMATION.
DATES: The SEDAR 72 Assessment
Webinar II will be held May 17, 2021,
from 2 p.m. until 4 p.m., Eastern Time.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Those interested
in participating should contact Julie A.
Neer at SEDAR (see FOR FURTHER
INFORMATION CONTACT below) to request
an invitation providing webinar access
information. Please request webinar
invitations at least 24 hours in advance
of each webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; (843) 571–
4366; email: Julie.neer@safmc.net
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
SUMMARY:
E:\FR\FM\28APN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22392-22396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08868]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB043]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Old Sitka Dock North Dolphins
Expansion Project in Sitka, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Halibut Point Marine Services, LLC (HPMS) to incidentally harass, by
Level A and Level B harassment only, marine mammals during construction
activities associated with the Old Sitka Dock North Dolphins Expansion
Project in Sitka, Alaska.
DATES: This Authorization is valid from April 15, 2021 through April
14, 2022.
FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427-8401. Electronic copies of the
original application, request for a new IHA, and supporting documents
(including NMFS Federal Register notices of the original proposed and
final authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
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 taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
History of Request
On July 30, 2019, NMFS received a request from HPMS for an IHA to
take marine mammals incidental to dock expansion activities. On April
8, 2020, NMFS issued an IHA to HPMS to take marine mammals incidental
to the Old Sitka Dock North Dolphins Expansion Project in Sitka, Alaska
(85 FR 21399, April 17, 2020), effective from October 1, 2020 through
February 28, 2021. On February 3, 2021, NMFS received an application to
complete the remaining work from the 2020 IHA. The application was
deemed adequate and complete on February 21, 2021. As described in the
application for the new IHA, the activities for which incidental take
is requested were covered by the 2020 authorization but will not be
completed prior to its expiration. HPMS requested the new IHA be
effective from April 15, 2021 through April 14, 2022. We proposed to
issue an IHA on March 18, 2021 (86 FR 14727).
Description of the Specified Activities and Anticipated Impacts
As described in the 2020 IHA, HPMS is adding two additional dolphin
structures and strengthening two existing dolphin structures at their
deep-water dock facility in Sitka Sound. Construction at the dock
facility includes vibratory pile installation (and small impact if
necessary) and vibratory removal of eight temporary, 30-inch template
pile structures, vibratory and impact installation of 10 48-inch
permanent piles comprising the dolphins, and down-the-hole drilling to
install eight bedrock anchors for the permanent piles of the dolphins.
The only remaining work for this IHA is constructing one new dolphin
(i.e., four 30-inch template piles and four 48-inch piles). The
remaining work consists of 9 days of in-water work.
Vibratory pile removal and installation, impact pile installation,
and drilling activity will introduce underwater sounds that may result
in take, by Level A and Level B harassment, of seven species (Level A
harassment is authorized for only two of the seven species) of marine
mammals in Sitka Sound. As of February 21, 2021 the project has
recorded small Level B harassment takes of three species. This IHA
authorizes the remaining take associated with the work not completed
under the 2020 IHA. A detailed description of the planned project is
provided in the Federal Register notice for the proposed IHA (86 FR
14727; March 18, 2021). Since that time, no changes have been made to
the planned activities. Therefore, a detailed
[[Page 22393]]
description is not provided here. Please refer to that Federal Register
notice and the original proposed and final IHA documents referenced
therein for the description of the specific activity.
Comments and Responses
A notice of NMFS's proposal to issue an IHA to HPMS was published
in the Federal Register on March 18, 2021 (86 FR 14727). That notice
described, in detail, HPMS's activity, the marine mammal species that
may be affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, NMFS received no
public comment.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is authorized here, including
information on abundance, status, distribution, and hearing, may be
found in the notices of the proposed and final IHAs for the 2020
authorization. NMFS has reviewed the monitoring data from the 2020 IHA,
recent draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature, and determined that
neither this nor any other new information affects which species or
stocks have the potential to be affected or the pertinent information
in the Description of the Marine Mammals in the Area of Specified
Activities contained in the supporting documents for the 2020 IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the notices of the proposed and final
IHAs for the 2020 authorization. NMFS has reviewed the monitoring data
from the 2020 IHA, recent draft Stock Assessment Reports, information
on relevant Unusual Mortality Events, and other scientific literature,
and determined that, besides the revised understanding of down-the-hole
drilling source levels and Steller's sea lion occurrence mentioned
above and analyzed below, neither this nor any other new information
affects our initial analysis of impacts on marine mammals and their
habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notice of the final
IHA for the 2020 IHA. Specifically, the source levels, and days of
operation applicable to this authorization remain unchanged from the
previously issued IHA, except for the change to the down-the-hole
drilling source level and Level A harassment zones described below and
in Table 1. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the previously issued IHA. The only change
to the marine mammal density/occurrence data is an increase in
Steller's sea lions around the time of the herring run as discussed
below. The only change to the number of takes, which are indicated
below in Table 2, is to account for the increased occurrence of
Steller's sea lions and the work remaining to be completed.
Because the Level B source levels and harassment zone sizes for
down-the-hole drilling did not change from the 2020 IHA we do not
change the overall or Level B harassment take from down-the-hole
drilling. However, in the 2020 IHA we used a source level of 166.2 dB
(RMS) (decibels root mean square) to calculate the Level A harassment
isopleths for down-the-hole drilling. More recent hydroacoustic data
and analysis from down-the-hole drilling projects has led us to
recommend the use of a source level of 164 dB SELss (sound exposure
level single strike) from Denes et al. (2019) for the impulsive
component of this source relevant for Level A harassment isopleth
calculation. Using this source level and the equivalent user
spreadsheet inputs, the Level A harassment isopleths for the down-the-
hole drilling increase from 10 to 336.5 m, depending on hearing group,
in the 2020 IHA, to 26.1 to 873.7 m in this IHA (Table 1).
Table 1--Calculated Distances to Level A Harassment Isopleths for Down-the-Hole Drilling From the 2020 IHA and
This IHA
----------------------------------------------------------------------------------------------------------------
Level A harassment zone (m)
-------------------------------------------------------------------------------
Activity High-
Low-frequency Mid-frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
33-inch down-the-hole (2020 IHA) 282.5 10.0 336.5 151.2 11.0
33-inch down-the-hole (this IHA) 733.5 26.1 873.7 392.5 28.6
----------------------------------------------------------------------------------------------------------------
While the Level A harassment zones for down-the-hole drilling
increase for this IHA as discussed above, we do not increase the Level
A harassment takes for any species. HPMS is planning to implement
activity-specific shutdown zones that are larger than in the 2020 IHA
for down-the-hole drilling for all hearing groups except high-frequency
cetaceans (Table 3). The revised down-the-hole drilling shutdown zones
for low- and mid-frequency cetaceans and otariids are smaller than the
largest Level A shutdown zones for those groups in the 2020 IHA, which
did not necessitate any Level A takes in the 2020 IHA. Shutdown zones
are expected to be successful in mitigating take for all of these
species. Therefore, there is no need to revise or add Level A takes for
any of these species in this IHA. The preliminary monitoring report
shows no Level A or Level B harassment take of harbor porpoises through
the completion of half of the project. Therefore, we believe that the
previously authorized daily rate of Level A harassment takes is
adequate to complete the project. The preliminary monitoring report
shows 1 Level B harassment take and no Level A harassment takes of
harbor seals (phocid) through the completion of half of the project. We
have also proposed doubling the size of the shutdown zone for harbor
seals. Therefore, we believe that the previously authorized daily rate
of Level A harassment takes is adequate to complete the project.
As discussed above, the 2020 IHA was not effective during the
spring/summer run of herring upon which Steller's sea lions are known
to congregate near to feed on. To account for this potential for HPMS
construction activity to affect more Steller sea lions we are
increasing the estimate that two groups of eight Steller sea lions may
occur within the Level B harassment zone on each of the days of in-
water construction used in the 2020 IHA to three groups of eight
[[Page 22394]]
Steller sea lions may occur within the Level B harassment zone on each
of the days of in-water construction for this IHA. Thus we estimate
that 8 animals in a group x 3 groups each day x 9 days of in water work
= 216 Level B harassment takes be authorized. As discussed in the 2020
IHA NMFS has determined that for management purposes the proportion of
Western Distinct Population Segment (DPS) Steller sea lions in that
area will be calculated based on Hastings et al. (2020). As such, NMFS
expects that 2.2 percent of Steller sea lions in the project area will
be from the Endangered Species Act (ESA)-listed Western DPS, with the
remaining 97.8 percent expected to be from the Eastern DPS. Therefore,
of the 216 Level B harassment takes requested, 5 takes are expected to
be of Steller sea lions from the ESA-listed Western DPS (western stock)
and 211 are expected to be of Steller sea lions from the Eastern DPS
(eastern stock).
Based on the above discussion therefore, the only changes to the
take for this IHA (Table 2) are to increase the daily rate of take by
Level B harassment for increased occurrence of Steller's sea lions.
Table 2--Estimated Take by Level A and Level B Harassment, by Species and Stock
----------------------------------------------------------------------------------------------------------------
Level A Level B
Common name Stock harassment harassment Total take
take take
----------------------------------------------------------------------------------------------------------------
Gray Whale............................ Eastern North Pacific... 0 3 3
Minke Whale........................... Alaska.................. 0 2 2
Humpback Whale........................ Central North Pacific... 0 72 72
Killer Whale.......................... Eastern North Pacific 0 16 16
Alaska Resident.
Gulf of Alaska, Aleutian
Islands, Bering Sea
Transient.
Eastern North Pacific
Northern Resident.
West Coast Transient....
Harbor Porpoise....................... Southeast Alaska........ 4 45 49
Steller Sea Lion \a\.................. Eastern U.S............. 0 211 211
Western U.S............. 5 5
Harbor Seal........................... Sitka/Chatham Strait.... 4 252 256
----------------------------------------------------------------------------------------------------------------
\a\ Eastern U.S. and Western U.S. stocks correspond to the Eastern DPS and Western DPS, respectively.
Table 3--Shutdown Zones by Marine Mammal Hearing Group, Pile Size, and Method
----------------------------------------------------------------------------------------------------------------
Shutdown Zone (m)
Activity -------------------------------------------------------------------------------
LF Cetaceans MF Cetaceans HF Cetaceans Phocids Otariids
----------------------------------------------------------------------------------------------------------------
30-inch Vibratory Pile Driving/ 50 10 50 25 10
Removal........................
48-inch Vibratory Pile Driving.. 50 10 50 25 10
Down-the-hole Drilling (2020 300 10 200 100 25
IHA)...........................
Down-the-hole Drilling (this 750 30 200 200 30
IHA)...........................
48-inch Impact Pile Driving (and 825 50 100 100 50
30-inch impact pile driving, as
necessary).....................
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the 2020 IHA,
except for the changes to the shutdown zones for down-the-hole drilling
for low and mid-frequency cetaceans and pinnipeds discussed above.
Because the estimated take, and total authorized take, has not
increased, the discussion of the least practicable adverse impact
included in in the Federal Register notice announcing the issuance of
the 2020 IHA remains accurate. The following measures are included in
this authorization:
Conduct briefings between construction supervisors and
crews and the marine mammal monitoring team prior to the start of all
pile driving activity and when new personnel join the work, to explain
responsibilities, communication procedures, marine mammal monitoring
protocol, and operational procedures;
For in-water heavy machinery work other than pile driving
(e.g., standard barges, etc.), if a marine mammal comes within 10 m,
operations shall cease and vessels shall reduce speed to the minimum
level required to maintain steerage and safe working conditions. This
type of work could include the following activities: (1) Movement of
the barge to the pile location, or (2) positioning of the pile on the
substrate via a crane (i.e., stabbing the pile);
Drive all piles with a vibratory hammer until achieving a
desired depth or refusal prior to using an impact hammer;
For those marine mammals for which Level B harassment take
has not been requested, in-water pile installation/removal will shut
down immediately if such species are observed within or on a path
towards the Level B harassment zone;
If take reaches the authorized limit for an authorized
species, pile installation will be shut down as these species approach
the Level B harassment zone to avoid additional take;
Implement all mitigation measures described in the
biological opinion;
Establish shutdown zones for all pile driving/removal and
drilling activities. Shutdown zones will vary based on the activity
type and marine mammal hearing group (see Table 3);
Monitor the Level B harassment zones and Level A
harassment zones;
The placement of protected species observers (PSOs) during
all pile driving and removal and drilling activities will ensure that
the entire shutdown zone is
[[Page 22395]]
visible during pile installation. Should environmental conditions
deteriorate such that marine mammals within the entire shutdown zone
will not be visible (e.g., fog, heavy rain), pile driving and removal
must be delayed until the PSO is confident marine mammals within the
shutdown zone could be detected. Due to the large Level B harassment
zones (Table 3), PSOs will not be able to effectively observe the
entire zone. Therefore, Level B harassment exposures will be recorded
and extrapolated based upon the number of observed takes and the
percentage of the Level B harassment zone that was not visible;
Soft Start--For impact pile driving, contractors will be
required to provide an initial set of three strikes from the hammer at
40 percent energy, followed by a 1 minute waiting period. This
procedure will be conducted three times before impact pile driving
begins. Soft start will be implemented at the start of each day's
impact pile driving and at any time following cessation of impact pile
driving for a period of 30 minutes or longer;
Pre-activity Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving/
removal or drilling of 30 minutes or longer occurs, PSOs will observe
the shutdown and monitoring zones for a period of 30 minutes. The
shutdown zone will be considered cleared when a marine mammal has not
been observed within the zone for that 30-minute period. If a marine
mammal is observed within the shutdown zone, a soft-start cannot
proceed until the animal has left the zone or has not been observed for
15 minutes. If the Level B harassment zone has been observed for 30
minutes and no species for which take is not authorized are present
within the zone, soft start procedures can commence and work can
continue even if visibility becomes impaired within the Level B
harassment monitoring zone. When a marine mammal for which Level B
harassment take is authorized is present in the Level B harassment
zone, activities may begin and Level B harassment take will be
recorded. If the entire Level B harassment zone is not visible at the
start of construction, pile driving or drilling activities can begin.
If work ceases for more than 30 minutes, the pre-activity monitoring of
both the Level B harassment zone and shutdown zones will commence;
Monitoring will be conducted 30 minutes before, during,
and 30 minutes after pile driving/removal and drilling activities. In
addition, observers shall record all incidents of marine mammal
occurrence, regardless of distance from activity, and shall document
any behavioral reactions in concert with distance from piles being
driven or removed or anchor shafts being drilled. Pile driving and
drilling activities include the time to install, remove, or drill
inside a single pile or series of piles, as long as the time elapsed
between uses of the pile driving or drilling equipment is no more than
30 minutes;
A draft marine mammal monitoring report will be submitted
to NMFS within 90 days after the completion of pile driving and removal
activities. If no comments are received from NMFS within 30 days, the
draft report will constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments; and
In the event that personnel involved in the construction
activities discover an injured or dead marine mammal, the IHA-holder
must immediately cease the specified activities and report the incident
to the Office of Protected Resources (OPR) (301-427-8401), NMFS and to
Alaska Regional Stranding Coordinator (907-586-7209) as soon as
feasible.
Determinations
The action in this IHA is identical to the action in the 2020 IHA
except that work will now be allowed from April 15, 2021 through April
14, 2022, Steller's sea lion daily rate of take has increased, and the
down-the-hole drilling Level A harassment source levels and zones have
been updated to our current standards. As described in the notice of
issuance of the 2020 final IHA (85 FR 21399, April 17, 2020) we found
that HPMS' construction activities would have a negligible impact and
that the taking would be small relative to population size. For this
analysis of the new IHA we found that marine mammal abundance was still
estimated to be the same or larger than was known for the 2020 IHA and
that any changes did not affect our analysis or findings. Other marine
mammal information and the potential effects were identical to the 2020
IHA. The estimated take was calculated identically to the 2020 IHA,
except for Steller's sea lions. For Steller's sea lions the total take
that occurred during the 2020 IHA plus the take authorized here are
less than the take authorized in the 2020 IHA. Mitigation and
monitoring are identical to the 2020 IHA except for the increase in
Level A harassment and shutdown zones for the down-the-hole drilling
for four hearing groups. These new zones are smaller than the existing
zones for impact driving of the 48-inch piles, meaning there is no
change to the largest Level A harassment or shutdown zones for the
project as a whole, just potentially the number of days where larger
Level A harassment and shutdown zones would need to be implemented.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the 2020
IHA. This includes consideration of the estimated abundance of one
stock of killer whales increasing slightly, the change in months of
work and Steller's sea lion take per work day, and the updated
consideration of own-the-hole drilling source levels and Level A
harassment zones.
Based on the information and analysis 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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; (4) HPMS' 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; and, (5)
appropriate monitoring and reporting requirements are included.
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 IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 IHAs 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 determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
[[Page 22396]]
Endangered Species Act
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, in this case with the Alaska Region,
Protected Resources Division Office, whenever we propose to authorize
take for endangered or threatened species.
Two marine mammal species, Mexico DPS humpback whales and Western
DPS Steller sea lions, occur in the project area and are listed as
threatened and endangered, respectively, under the ESA. The NMFS Alaska
Regional OPR Division issued a Biological Opinion under section 7 of
the ESA, on the issuance of an IHA to HPMS under section 101(a)(5)(D)
of the MMPA by the NMFS Permits and Conservation Division. The
Biological Opinion concluded that the action is not likely to
jeopardize the continued existence of either species, and is not likely
to destroy or adversely modify western DPS Steller sea lion critical
habitat. On February 23, 2021, the NMFS Alaska Regional Office
Protected Resources Division notified us that they would issue a memo
to the file, noting that the changes to allow work year round and to
the down-the-hole drilling source levels do not alter the conclusions
of the original Biological Opinion as long as the revised shutdown
zones are implemented as additional mitigation and monitoring
requirements, and no re-initiation of the consultation is necessary.
Authorization
NMFS has issued an IHA to HPMS for the potential harassment of
small numbers of seven marine mammal species incidental to the Old
Sitka Dock North Dolphins Expansion Project in Sitka, Alaska, provided
the previously mentioned mitigation, monitoring and reporting
requirements are followed.
Dated: April 22, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-08868 Filed 4-27-21; 8:45 am]
BILLING CODE 3510-22-P
