Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows, Alaska, 23938-23947 [2021-09451]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 23938-23947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA962]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass 
Narrows, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued a Renewal incidental harassment authorization 
(IHA) to the Alaska Department of Transportation and Public Facilities 
(ADOT&PF) to incidentally harass marine mammals incidental to Phase I 
of the two-part ferry berth improvements and construction in Tongass 
Narrows, near Ketchikan, AK.

DATES: This authorization is effective from date of issuance through 
February 28, 2022.

[[Page 23939]]


FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of 
Protected Resources, NMFS, (301) 427-8401. Electronic copies of the 
original application, Renewal request, 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 proposed 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.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a Renewal for this activity, and 
requested public comment on a potential Renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time one-year Renewal IHA following notice to the public providing 
an additional 15 days for public comments when (1) up to another year 
of identical or nearly identical activities as described in the 
Detailed Description of Specific Activity section of the initial IHA 
issuance notice is planned or (2) the activities as described in the 
Detailed Description of Specific Activity section of the initial IHA 
issuance notice would not be completed by the time the initial IHA 
expires and a Renewal would allow for completion of the activities 
beyond that described in the Dates and Duration section of the initial 
IHA issuance notice, provided all of the following conditions are met:
    (1) A request for renewal is received no later than 60 days prior 
to the needed Renewal IHA effective date (recognizing that the Renewal 
IHA expiration date cannot extend beyond one year from expiration of 
the initial IHA);
    (2) The request for renewal must include the following:
     An explanation that the activities to be conducted under 
the requested Renewal IHA are identical to the activities analyzed 
under the initial IHA, are a subset of the activities, or include 
changes so minor (e.g., reduction in pile size) that the changes do not 
affect the previous analyses, mitigation and monitoring requirements, 
or take estimates (with the exception of reducing the type or amount of 
take); and
     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
    (3) 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 will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. A description of the Renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On March 1, 2020, NMFS issued two, consecutive IHAs to ADOT&PF to 
take marine mammals incidental to Phase I and II activity related to 
ferry berth improvements and construction in Tongass Narrows, near 
Ketchikan, AK (85 FR 673; January 7, 2020), the first one (for Phase 1) 
effective from March 1, 2020 through February 28, 2021. On December 28, 
2020, NMFS received an application for the Renewal of the initial Phase 
I IHA. As described in the application for Renewal IHA, the activities 
for which incidental take is requested consist of activities that were 
covered by the initial Phase I authorization but were not completed 
prior to its expiration. As required, the applicant also provided a 
preliminary monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements) which confirms that 
the applicant has implemented the required mitigation and monitoring, 
and which also shows that no impacts of a scale or nature not 
previously analyzed or authorized have occurred as a result of the 
activities conducted. The notice of the proposed Renewal incidental 
harassment authorization was published on March 5, 2021 (86 FR 12918).

Description of the Specified Activities and Anticipated Impacts

    ADOT&PF's planned construction activities includes a subset of the 
work activities under the 2020 initial IHA (Phase I) on the ferry 
berths in Tongass Narrows. The project is comprised of four permanent 
project components, identical to those described in the initial IHA: 
New Revilla ferry berth, new Gravina Island Shuttle Ferry Berth and 
Terminal Improvements, Gravina Airport Ferry Layup Facility, and the 
Gravina Freight.
    This project will improve the reliability of the transportation 
system as well as access to Gravina Island and Ketchikan International 
Airport. This renewal authorization allows the completion of Phase I 
activities beyond the initial IHA's expiration, February 28, 2021.
    ADOT&PF's renewal request initially included one minor change to 
the specified activity described in the initial IHA (other than the 
removal of the activities that have already been completed), 
specifically, the request described a higher maximum number of piles 
that may be installed per day via impact and vibratory driving (up from 
a

[[Page 23940]]

max of three to eight piles). Following consideration of comments from 
the Marine Mammal Commission (MMC) during the public comment period as 
discussed below, we determined that the request to increase the number 
of piles that may be installed per day via impact and vibratory driving 
from a max of three to eight piles does not meet the requirements of a 
Renewal IHA described above and ADOT&PF withdrew their request to make 
this change on April 16, 2021.
    As described in the proposed Renewal, we noted a small increase in 
the number of days of temporary pile driving work that it took to 
complete the work that occurred at one site under the initial IHA. 
However, that change does not affect or change the previous analysis of 
the temporary pile driving work to be conducted at the remaining three 
sites under this Renewal.
    Regarding the analysis of impacts, NMFS identified two changes in 
NMFS' recommended methods (not the applicant's activity) since the 
initial IHA that neither change the determinations nor change the take 
estimates in a manner such that they exceed those analyzed and 
authorized by the initial IHA. First, as noted by the MMC during the 
public comment period (see below), NMFS has updated its analytical 
method for assessing the impacts of down-the-hole (DTH) pile 
installation since the initial IHA was issued and newer methods were 
not applied in the proposed Renewal. While applying the alternative 
method would result in somewhat larger Level A harassment zones, as 
described below, a re-analysis of this activity under the alternative 
approach is not necessary or warranted in this situation, and therefore 
does not affect the analysis or findings from the initial IHA or the 
Renewal conditions being met.
    Second, as previously described in the proposed Renewal, the 
driving of DTH holes for one of the structures (tension anchors) 
utilized in the applicant's activity and described in the initial IHA, 
was initially assessed by the applicant and NMFS as unlikely to result 
in the take of marine mammals because of the size of the holes, which 
are smaller than the holes for the structures specifically associated 
with take in the initial IHA (rock sockets). However, new sound source 
measurement data indicate source levels from DTH driving of tension 
anchors high enough to potentially result in the take of marine 
mammals. Accordingly, take from DTH driving of tension anchors is 
appropriately characterized and quantified the same as the DTH driving 
for rock sockets addressed in the initial IHA (though impacts are 
thought to be less, given the small size of the holes, which are 6-8 
inches, as opposed to the smallest 24-in rock socket). Take in the 
initial IHA and Renewal IHA is estimated based on days of in-water 
work. Some of the driving days used to calculate take in the initial 
IHA included DTH for tension anchors, but where DTH drilling of tension 
anchors may occur on days without other driving, driving days have been 
added in the Renewal. Nonetheless, the total days of driving under the 
Renewal are still fewer than the total days of driving under the 
initial IHA, tension anchor driving activity was discussed in the 
initial IHA, quantitatively the impacts on marine mammals under the 
Renewal are less than those from the rock socket DTH under the initial 
IHA, and the mitigation for DTH remains the same and appropriate.
    In summary, the activity is identical to the initial IHA and 
includes four methods of pile installation: Vibratory and impact 
hammers, DTH holes created for rock sockets for the piles and smaller 
DTH holes for the installation of tension anchors at some locations 
(see Tables 1 and 2). Moreover, Phase II activities will only begin 
upon the completion of Phase I, as stated in the 2020 initial IHA and 
proposed renewal (so there will be no overlap between the remaining 
Phase I activities under the Renewal IHA and the Phase II activities).
    The amount of take requested for the Renewal IHA reflects the 
amount of remaining work under Phase I, the methods in the initial IHA 
(which remain appropriate for this Renewal), and consideration of 
marine mammal monitoring data from the 2020 construction activities 
indicating detection of notably fewer marine mammals within harassment 
zones than were authorized to be taken in the initial IHA. The 
potential effect of ADOT&PF's activities is to take a small number of 
eight species of marine mammals (Steller sea lion, harbor seal, harbor 
porpoise, Dall's porpoise, Pacific white-sided dolphin, killer whale, 
humpback whale, and minke whale) by Level B harassment and three 
(harbor seal, harbor porpoise, and Dall's porpoise), by Level A 
harassment incidental to underwater noise resulting from construction 
associated with the planned activities.

Detailed Description of the Activity

    As discussed earlier, this is a Renewal to complete the subset of 
the activity not completed under the initial IHA (85 FR 673; January 7, 
2020). Due to construction schedule delays, designated work was only 
conducted on 56 of the estimated 101 days of the initial IHA. ADOT&PF 
installed 11 temporary piles (of which one has already been removed) 
and 41 permanent piles over approximately 23 construction days in 2020. 
As of the submission of their Renewal request, ADOT&PF expected to 
drive pile for 40 more days and complete installation of 27 24-inch 
trestle piles, 5 24-inch bridge abutment piles, 15 24-inch floating 
fender dolphin piles, 27 remaining sheet piles, and 10 30-inch steel 
float piles for the Revilla New Ferry Berth and Upland Improvements 
between January 4 and February 28, 2021 under the 2020 initial IHA.
    As of February 2, 2021, the following work remains to be completed 
during the one-year 2021 Renewal IHA: Installation of 192 piles, 73 
rock sockets, and 78 tension anchors and installation (38) and removal 
(40) of temporary piles. This work is expected to take no more than 90 
days of in-water piling activities. Although some work may have been 
completed between February 2 and the expiration of the initial IHA 
(February 28), the applicant requested authorization for the work 
remaining as of February 2 outlined in Tables 1 and 2. The Renewal IHA 
will be effective through February 28, 2022.
    The effects of DTH driving were fully assessed in the initial IHA. 
At the time the initial IHA analysis was conducted, the DTH driving of 
the relatively smaller holes for tension anchors was described, but was 
not anticipated to produce sound levels that would result in the 
incidental take of marine mammals. However, NMFS' consideration of new 
monitoring data from the White Pass & Yukon Route project (Reyff, 2020) 
now suggests that sound levels from the DTH driving of the 6 to 8-inch 
holes for these particular structures may be high enough to result in 
take, and the take estimate in this Renewal considers this, as 
described above.
    Regarding the number of days of temporary pile driving, the initial 
IHA application specified 7-11 total days of temporary pile driving 
would be needed to complete all projects during Phase I. The temporary 
pile driving at the Revilla New Ferry Berth required 7 days, instead of 
the 2-3 days listed in the IHA application, because of subsurface 
boulders and weather conditions. It is expected that, therefore, more 
total days than initially anticipated will be needed to complete the 
temporary pile driving over the entire Phase I period. However, the 
renewal application describes 5-8 days of temporary pile installation 
to complete the three remaining

[[Page 23941]]

component projects, which is identical to what was described in the 
initial IHA.
    Considering the information above, the total number of days of pile 
driving remaining (90) under the Renewal IHA is still fewer than 
included in the initial IHA (101).
    The mitigation and monitoring will be identical to that of the 2020 
initial IHA, with the indicated mitigation for the DTH driving of 24-in 
piles applied to DTH driving of the smaller tension anchors. A detailed 
description of the construction activities may be found in the notices 
of the proposed (84 FR 34134; July 17, 2019) and final initial IHAs (85 
FR 673; January 7, 2020). All documents associated with the 2020 
initial IHA (i.e., the IHA application, proposed IHA, final IHA, public 
comments, monitoring reports, etc.) can be found on NMFS's website, 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements.

                         Table 1--Permanent Pile Details and Estimated Effort Required for Pile Installation During 2021 Renewal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Average
                                                                                        strikes per                 Average
                                                                             Average      pile for                  duration
                                     Number of    Number of    Number of    vibratory     DTH for       Impact     (minutes)     Average       Days of
    Project component/pile type        piles         rock       tension      duration       rock     strikes per    per pile    piles per   installation
                                                   sockets      anchors      per pile   sockets and      pile         for      day (range)
                                                                            (minutes)     tension                  vibratory
                                                                                          anchors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revilla New Ferry Berth and Upland
 Improvements:
    24'' Pile Diameter............           15            0           12           30          N/A          200           30    1.5 (1-3)            36
    30'' Pile Diameter............            2            0           14           30          N/A          200           30    1.5 (1-3)            12
    30'' Sheet Pile...............            0    Completed  ...........  ...........  ...........  ...........  ...........  ...........  ............
New Gravina Island Shuttle Ferry
 Berth/Related Terminal
 Improvements:
    24'' Pile Diameter............           65           52           25           15       25,000           50           15    1.5 (1-3)            44
    30'' Pile Diameter............            8            4            4           15       25,000           50           15    1.5 (1-3)             5
    27.6'' Sheet Pile.............           74          N/A          N/A           15          N/A          N/A           15     6 (6-12)            12
Gravina Airport Ferry Layup
 Facility:
    18'' Pile Diameter............            3            0            0           15          N/A           50           15    1.5 (1-3)             2
    30'' Pile Diameter............           12           12           10           15       25,000           50           15    1.5 (1-3)             8
Gravina Freight Facility:
    20'' Pile Diameter............            6            0            6           15          N/A           50           15    1.5 (1-3)             4
    24'' Pile Diameter............            3            3            3  ...........       25,000           50           15    1.5 (1-3)             2
    30'' Pile Diameter............            4            2            4           15       25,000           50           15    1.5 (1-3)             3
                                   ---------------------------------------------------------------------------------------------------------------------
         Phase I total............          192           73           78  ...........  ...........  ...........  ...........  ...........       \a\ 128
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\a\ Identically to the initial IHA, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days
  reduces in-water construction to 90 days.


                       Table 2--Numbers of Temporary Piles Planned To Be Installed and Removed for Each Project Component in 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Average
                                                  Average vibratory     vibratory
                                    Number of     duration per pile   duration per
       Project component            temporary     for installation      pile for      Days of installation     Days of removal         Piles per day
                                      piles           (minutes)          removal
                                                                        (minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revilla New Ferry Berth and                   8  0-currently                     15  0....................  2 to 3...............  4 to 6
 Upland Improvements.                             installed.
New Gravina Island Shuttle                   12  15................              15  2 to 3...............  2 to 3...............  4 to 6
 Ferry Berth/Related Terminal
 Improvements.
Gravina Airport Ferry Layup                   8  15................              15  1 to 2...............  0.75 to 2............  4 to 6
 Facility.
Gravina Freight Facility.......              12  15................              15  2 to 3...............  2 to 3...............  4 to 6
                                ------------------------------------------------------------------------------------------------------------------------
    Total......................              40  480 (8 hrs).......    600 (10 hrs)  5-8..................  7-11.................  .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which take is authorized here, including information on abundance, 
status, distribution, and hearing, may be found in the Federal Register 
notices of the proposed (84 FR 34134; July 17, 2019) and final (85 FR 
673; January 7, 2020) IHAs for the initial authorization. NMFS has 
reviewed the monitoring data from the initial IHA, recent draft Stock 
Assessment Reports (SARs), information on relevant Unusual Mortality 
Events, and other scientific literature. As discussed in the notice of 
the proposed renewal, the 2020 SARs indicated the estimated abundance 
of the West Coast Transient and Northern Resident Killer whale stocks 
and Steller sea lion Eastern U.S. stock have increased slightly, 
whereas the Clarence Strait harbor seal stock decreased slightly. 
However, we have determined that neither the above, nor any other new 
information, affects which species or stocks have the potential to be 
affected or the pertinent

[[Page 23942]]

information in the Description of the Marine Mammals in the Area of 
Specified Activities sections contained in the supporting documents for 
the initial 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 may be found in the Federal Register notices of the proposed 
(84 FR 34134; July 17, 2019) and Final (85 FR 673; January 7, 2020) 
IHAs for the initial authorization. NMFS has reviewed the monitoring 
data from the initial IHA, recent draft SARs, information on relevant 
Unusual Mortality Events, and other scientific literature, and 
determined that neither this nor any other new information affects our 
initial analysis of impacts on marine mammals and their habitat. The 
applicant submitted the required preliminary monitoring results and the 
monitoring to date does not contradict the original take calculations 
or indicate impacts of a scale or nature not previously analyzed or 
authorized.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Federal Register 
notices of the proposed (84 FR 34134; July 17, 2019) and final (85 FR 
673; January 7, 2020) IHAs for the initial authorization. Specifically, 
the days of operation, and marine mammal density/occurrence data 
applicable to this authorization remain unchanged from the previously 
issued IHA, with the exception of the fact that there are fewer days of 
operation since this activity is a subset of that covered in the 
initial IHA. Only the inclusion of the DTH driving of tension anchors 
(which was described in the initial IHA) as a potential source of take 
has changed, but this is not outside the scope of what was previously 
analyzed in the initial IHA. Specifically, the take from DTH driving of 
these structures is calculated identically to that of the 24-inch DTH 
driving (though the holes and impacts are smaller), the number of total 
driving days (90) is fewer than the initial IHA (101), and the 
authorized take does not exceed that included in the initial IHA. 
Similarly, the stocks taken, methods of take, and types of take remain 
unchanged from the previously issued IHA.
    The rationale and take estimates presented in the initial proposed 
IHA (which were based on the likelihood of an individual or group 
entering the area some number of times during the activity, as opposed 
to being based on a species' density) remain applicable (Table 3). 
Further, the marine mammal detections reported in the preliminary 
monitoring report, which were very low as compared to the number 
authorized in relation to the activities conducted, do not suggest 
impacts of a scale or nature not previously analyzed or authorized.

                             Table 3--Take Numbers To Be Authorized by Species/Stock
----------------------------------------------------------------------------------------------------------------
                                                                                                       Total
                                                                     Estimated       Estimated       estimated
                                                                     number of       number of       exposures
                Species                         DPS/stock          exposures to    exposures to    (level A and
                                                                      level B         level A         level B
                                                                    harassment      harassment      harassment)
----------------------------------------------------------------------------------------------------------------
Steller sea lion......................  Eastern DPS.............           1,800               0           1,800
Harbor seal...........................  Clarence Strait.........             765              18             783
Harbor porpoise.......................  Southeast Alaska........             109              15             124
Dall's porpoise.......................  Alaska..................             317              15             332
Pacific white-sided dolphin...........  North Pacific...........              92               0              92
Killer whale..........................  Alaska Resident.........             144               0             144
                                        Northern Resident.......
                                        West Coast Transient....
Humpback whale \1\....................  Hawaii DPS..............             238               0             238
                                        Mexico DPS..............              15               0              15
Minke whale...........................  Alaska..................               7               0               7
----------------------------------------------------------------------------------------------------------------
Note: DPS = distinct population segment.
 \1\ Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).

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 initial IHA 
(with minor clarifications on DTH terminology and applicability of 
terms to DTH driving where it was previously unclear), and the same 
mitigation identified for DTH drilling of 24-inch rock sockets will be 
applied to the DTH driving of the smaller (6-8-inch) tension anchors. 
The discussion of the least practicable adverse impact included in the 
notices of the proposed initial IHA (84 FR 34134; July 17, 2019) and 
issuance of the initial IHA remains accurate. As noted previously, the 
applicant withdrew the request to increase the maximum number of piles 
per day from three to eight, so the discussion of increased Level A 
zones in the proposed Renewal no longer applies.

Mitigation Measures

    The following measures are included in this renewal:
     Conduct briefings between construction supervisors and 
crews and the 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/
removal and drilling (e.g., use of barge-mounted excavators, or 
dredging), if a marine mammal comes within 10 m, operations must cease 
and vessels must 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);
     Work must only occur during daylight hours, when visual 
monitoring of marine mammals can be conducted;

[[Page 23943]]

     For any marine mammal species for which take by Level B 
harassment has not been requested or authorized, in-water pile 
installation/removal and drilling will shut down immediately when the 
animals are sighted; and
     If take by Level B harassment reaches the authorized limit 
for an authorized species, pile installation will be stopped as these 
species approach the Level B harassment zone to avoid additional take 
of them.
    Establishment of Shutdown Zone for Level A Harassment--For all pile 
driving/removal and DTH 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 within the zone (or in anticipation of an animal entering the 
defined area). Shutdown zones will vary based on the activity type, 
marine mammal hearing group, and in the case of impact pile driving, 
additional details about the activity including the expected number of 
pile strikes required, size of the pile, and number of piles to be 
driven during that day (See Table 4). The placement of protected 
species observers (PSOs) during all pile driving, pile removal, and 
drilling activities will ensure that the entire shutdown zone is 
visible during pile installation.
    The shutdown zones shown in Table 4 apply when a single piece of 
equipment is in use. In addition, ADOT&PF will implement a shutdown 
zone of 100 m for each vibratory hammer on days when it is anticipated 
that multiple vibratory hammers will be used.

                                            Table 4--Shutdown Zones During Use of a Single Piece of Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Piles                                 Shutdown distances (m)
                                    Pile or hole size   Minutes per pile or   installed or       Level B    --------------------------------------------
             Activity                    (inches)         strikes per pile     removed per     harassment
                                                                                   day        isopleth (m)      LF       MF       HF       PW       OW
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation...........  30.................  30 min.............               3           6,310                       50
                                   24, 18.............  30 min.............               3           5,420
                                   27.6 sheet pile,     15 min.............              10           4,650
                                    30.3 sheet pile.
Vibratory Removal................  24, 16.............  30 min.............               5           5,420
                                                                                                            --------------------------------------------
DTH Rock Sockets and Tension       30.................  25,000 strikes.....               3          12,030       70       50       60       50       50
 Anchors.
                                   24, 8..............  25,000 strikes.....               3  ..............       60       50       50       50       50
Impact Installation..............  30.................  50 strikes.........               3           2,160      250       50      250      150       50
                                                                                          2  ..............      200  .......      200      100  .......
                                                                                          1  ..............      100  .......      150      100  .......
                                                        200 strikes........               3  ..............      550  .......      650      300  .......
                                                                                          2  ..............      400  .......      500      250  .......
                                                                                          1  ..............      300  .......      300      150  .......
                                   24.................  50 strikes.........               3           1,000      150  .......      150      100  .......
                                                                                          2  ..............      100  .......      150       50  .......
                                                                                          1  ..............      100  .......      100       50  .......
                                                        200 strikes........               3  ..............      300  .......      350      200  .......
                                                                                          2  ..............      250  .......      300      150  .......
                                                                                          1  ..............      150  .......      200      100  .......
                                   18.................  50 strikes.........               3  ..............      150  .......      150      100  .......
                                                                                          2  ..............      100  .......      150       50  .......
                                                                                          1  ..............      100  .......      100       50  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Establishment of Monitoring Zones for Level B Harassment--ADOT&PF 
will establish monitoring zones (see Table 3 of the initial final IHA 
and proposed Renewal IHA), based on the Level B harassment zones which 
are areas where sound pressure levels (SPLs) are equal to or exceed the 
160 dB rms (decibel root mean square) threshold for impact driving and 
the 120 dB rms threshold during vibratory driving, vibratory removal, 
and DTH. Monitoring zones provide utility for observing marine mammals 
by establishing monitoring protocols for areas adjacent to the shutdown 
zones. Monitoring zones enable observers to be aware of and communicate 
the presence of marine mammals in the project area outside the shutdown 
zone and thus prepare for a potential halt of activity should the 
animal enter the shutdown zone. On days and at times when a single 
piece of pile installation or removal equipment will be used, the Level 
B harassment zone will be monitored and implemented according to pile 
size, type, and installation method. The largest Level B harassment 
zone extends to a radius of 12,023 m in at least one direction up or 
down Tongass Narrows when a single piece of driving equipment is being 
utilized, making it impracticable for the PSOs to consistently view the 
entire harassment area. Due to this, detections of exposures above the 
Level B harassment thresholds will be recorded and takes will be 
estimated based upon the number of these observed detections and the 
percentage of the Level B harassment zone that was not visible.
    When two or more pieces of equipment are used simultaneously, and 
the noise they produce is not continuous or is a combination of 
continuous and impulsive, Table 4, above, will be followed to define 
the Level A and Level B harassment monitoring zones for each piece of 
equipment.
    On days when multiple pieces of equipment that produce continuous 
noise are used simultaneously, source levels will be determined as 
shown in Table 9, Table 10, Table 11, and Table 12 of the initial final 
IHA (85 FR 673; January 7, 2020) with the resulting harassment zones 
being defined in Table 4 of the final initial IHA and proposed Renewal 
IHA. The calculated source level will be used to determine the Level B 
harassment monitoring zones in accordance with values depicted in Table 
14 of the initial final IHA (85 FR 673; January 7, 2020). The 
assumption stands that a minimum of two pieces of equipment will be 
used on 30 percent of construction days; therefore, decreasing the 
total number of pile installation days from 128 to 90 days as well as 
the number of days when the Level B harassment zone size could exceed 
12,023 m.
    Soft Start--The use of a soft-start procedure provides additional 
protection to marine mammals by

[[Page 23944]]

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 provide an initial set of 
strikes from the hammer at reduced percent energy, each strike followed 
by no less than a 30-second waiting period. This procedure will be 
conducted a total of three times before impact pile driving begins. 
Soft Start is not required during vibratory pile driving and removal 
activities. If a marine mammal is present within the Level A harassment 
zone, soft start will be delayed until the animal leaves the Level A 
harassment zone. Soft start will begin only after the PSO has 
determined, through sighting, that the animal has moved outside the 
Level A harassment zone or has not been observed for 15 minutes. If a 
marine mammal is present in the Level B harassment zone, soft start may 
begin and a take by Level B harassment will be recorded. Soft start up 
may occur when these species are in the Level B harassment zone, 
whether they enter the Level B harassment zone from the Level A 
harassment zone or from outside the project area.
    Pre-Activity Monitoring--Prior to the start of daily in-water 
construction activity, or whenever a break in pile driving of 30 
minutes or longer occurs, the PSO will observe the shutdown and 
monitoring zones for a period of 30 minutes. The shutdown zone will be 
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 marine mammals are 
not present within the zone, soft start procedures can commence and 
work can continue even if visibility becomes impaired within the Level 
B harassment zone. When a marine mammal permitted for take by Level B 
harassment is present in the Level B harassment zone, piling activities 
may begin and take by Level B harassment will be recorded. As stated 
above, if the entire Level B harassment zone is not visible at the 
start of construction, piling or drilling activities can begin. If work 
ceases for more than 30 minutes, the pre-activity monitoring of both 
the Level B harassment and shutdown zone will commence.
    Timing Restrictions--ADOT&PF plans to implement the Essential Fish 
Habitat (EFH) Conservation Recommendations developed by NMFS. These 
include a no in-water work timing window for three project components, 
Revilla New Ferry Berth and Upland Improvements, Gravina Airport Ferry 
Layup Facility, and Revilla Refurbish Existing Ferry Berth Facility, 
with no in-water work occurring between March 1 and June 15. 
Implementation of this timing window will likely reduce exposure/take 
of marine mammals to levels below what has been predicted, because some 
project locations will be able to install piles when other locations 
may not.
    Based on our evaluation of the applicant's required measures NMFS 
has determined that the mitigation measures provide the means of 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Monitoring and Reporting

    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.

Visual Monitoring

    Monitoring would 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), and shall document any behavioral reactions in concert 
with distance from piles being driven or removed. Pile driving 
activities include the time to install or remove a single pile or 
series of piles, as long as the time elapsed between uses of the pile 
driving equipment is no more than 30 minutes.
    There will be at least one PSO present at or near each construction 
site during in-water pile installation and removal so that all Level A 
harassment zones and shutdown zones are monitored by a dedicated PSO at 
all times. PSOs will not perform duties for more than 12 hours in a 24-
hour period. PSOs will be land-based observers, positioned at the best 
practical vantage points. At least one other PSO for each active 
worksite will begin at the central worksite and travel along the 
Tongass Narrows until they have reached the edges of the monitoring 
zones, based on the Level B harassment zones. These PSOs will then 
monitor the edges of the monitoring zone and as much as possible of the 
rest of the monitoring zone, looking for animals entering the Level B 
harassment zone. If waters exceed a sea state that restricts the PSO's 
ability to make observations within the Level A harassment zones (e.g., 
excessive wind or fog), pile installation and removal must cease. Pile 
driving must not be re-initiated until the entire relevant Level A 
harassment zones are visible.
    When combinations of one DTH hammer with a vibratory hammer, two 
DTH hammers, or two DTH hammers with a vibratory hammer are used 
simultaneously, creating a Level B harassment zone that is greater than 
12,023 m in radius, one additional PSO (at least two total) will be 
stationed at the northernmost land-based location at the entrance to 
Tongass Narrows. One PSO will focus on Tongass Narrows, specifically 
watching for marine mammals that could approach or enter Tongass 
Narrows and the project area. The second PSO will look out into 
Clarence Strait, watching for marine mammals that could swim through 
the ensonified area. This monitoring requirement for concurrent driving 
scenarios was not included in the proposed initial IHA, but was 
included in the final initial IHA. No additional PSOs will be required 
at the southern-most monitoring location because the Level B harassment 
zones are truncated to the southeast by islands, which prevent 
propagation of sound in that direction beyond the confines of Tongass 
Narrows. Takes by Level B harassment will be recorded by PSOs and 
extrapolated based upon the number of observed takes and the

[[Page 23945]]

percentage of the Level B harassment zone that was not visible.
    With this configuration, PSOs can have a full view of the Level A 
harassment zone and awareness of as much of the Level B harassment zone 
as possible. This monitoring will provide information on marine mammal 
occurrence within Tongass Narrows and how these marine mammals are 
impacted by pile installation and removal.
    All PSOs will be trained in marine mammal identification and 
behaviors and are required to have no other project-related tasks while 
conducting monitoring. In addition, monitoring will be conducted by 
qualified observers, who will be placed at the best vantage point(s) 
practicable to monitor for marine mammals and implement shutdown/delay 
procedures when applicable by calling for the shutdown to the hammer 
operator. Qualified observers are trained and/or experienced 
professionals, with the following minimum qualifications:
     Independent observers (i.e., not construction personnel);
     Observers must have their Curriculum Vitae/resumes 
submitted to and approved by NMFS;
     Advanced education in biological science or related field 
(i.e., undergraduate degree or higher). Observers may substitute 
experience or training for education;
     Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience);
     At least one observer must have prior experience working 
as an observer;
     Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
     Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was no implemented when required); and 
marine mammal behavior; and
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.

Reporting

    NMFS is requiring that ADOT&PF submit a preliminary marine mammal 
monitoring report for the work covered under the initial IHA and this 
renewal at least 4 months prior to beginning the work covered under 
their second IHA, referred to as Phase II (85 FR 673; January 7, 2020). 
This preliminary report must contain all items that would be included 
in the draft final report (see below). This will allow NMFS to assess 
the impact of the activities relative to the analysis presented here, 
and modify the IHA for Phase II if the preliminary monitoring report 
shows unforeseen impacts on marine mammals in the area. If needed, NMFS 
will publish an amended proposed IHA, describing any changes but 
referencing the original IHA for Phase II, and include an opportunity 
for the public to comment on the amended proposed authorization.
    In addition to the preliminary monitoring report discussed above, 
separate draft marine mammal monitoring reports must be submitted to 
NMFS within 90 days after the completion of both Phase I and Phase II 
pile driving, pile removal, and drilling activities. These reports will 
include an overall description of work completed, a narrative regarding 
marine mammal sightings, and associated PSO data sheets. Specifically, 
the reports must include:
     Date and time that monitored activity begins and ends;
     Construction activities occurring during each daily 
observation period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
     Distance from pile driving/removal activities to marine 
mammals and distance from the marine mammals to the observation point;
     Locations of all marine mammal observations; and
     An estimate of total take based on proportion of the 
monitoring zone that was observed.
    If no comments are received from NMFS within 30 days, that phase's 
draft final report will constitute the final report. If comments are 
received, a final report for the given phase addressing NMFS comments 
must be submitted within 30 days after receipt of comments.
    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, ADOT&PF shall report the 
incident to the Office of Protected Resources, NMFS and to the Alaska 
Regional Stranding Coordinator as soon as feasible. The report must 
include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.

Public Comments

    A notice of NMFS' proposal to issue a Renewal IHA to ADOT&PF was 
published in the Federal Register on March 5, 2021 (86 FR 12918). That 
notice either described, or referenced descriptions of, the ADOT&PF's 
activity, the marine mammal species that may be affected by the 
activity, the anticipated effects on marine mammals and their habitat, 
proposed amount and manner of take, and proposed mitigation, monitoring 
and reporting measures. NMFS received a comment letter from the MMC. A 
summary of the comments and our responses are provided below, and the 
comment letter is available online at https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements.
    Comment: The Commission recommended that NMFS deny ADOT&PF's 
request to renew its IHA for Phase I activities, based on its 
assessment that the renewal issuance criteria were not met. First, they 
assert that the renewal request was not received 60 days prior to when 
the renewal is needed, as required, noting that while we indicated that 
ADOT&PF requested their renewal on December 28, we posted materials 
dated January 12. Second, they assert that the request did not meet the 
requirement that any changes in the activity are minor, specifically 
noting the applicant's change to the activity from 3 piles/day to 8 
piles/day, and also a change in NMFS' general approach to analyzing 
Level A harassment for DTH piling (i.e., considering it an impulsive 
source), and further suggesting that the required mitigation and PSOs 
would be inadequate given the increased zones.

[[Page 23946]]

Third, the MMC asserted that the requirement that preliminary 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed was not met, specifically citing the fact that 
ADOT&PF did not ``extrapolate'' takes as required in areas that were 
not visually monitored.
    Response: Regarding the date ADOT&PF requested the renewal, it is 
our responsibility to work with applicants to ensure that adequate and 
complete information is included in applications and renewal requests. 
ADOT&PF submitted their initial renewal request on December 28, 2020 
and then revised their request, providing updated information on the 
date indicated, January 12, 2021. There is no requirement in the MMPA 
or our regulations to post all versions of applications on our website 
and we have not typically done so. We further note that while the 
requirement to notify NMFS of the need for a renewal 60 days in advance 
of the needed effective date is presented as a renewal condition on our 
website, the MMC's comments have alerted us to the fact that the 
purpose of this requirement may not be clear. The 60-day deadline has 
nothing to do with ensuring the appropriateness of the project for 
renewal. The intention is to put renewal requesters on notice that they 
should request a renewal at least 60 days prior to the desired 
effective date to ensure we have adequate time to process the request, 
including publication of the proposed Renewal IHA and providing the 
additional 15 days for public comment. The intent is not to disqualify 
requesters from the renewal process if they are later than 60 days from 
the requested effective date of the Renewal IHA, but rather to provide 
potential requesters notice that we typically need at least 60 days to 
process their request and cannot ensure completion of the Renewal 
process in fewer than 60 days.
    As the MMC notes one of the conditions of a Renewal IHA is that 
there are no more than minor changes in the applicant's activities from 
those described and analyzed in the initial IHA. As described above, 
ADOT&PF withdrew their request to increase the maximum number of piles 
that could be installed by impact driving in a day.
    Regarding the change in the DTH calculation methods for Level A 
harassment raised by the MMC, we first note that it is not a change in 
the applicant's planned activity, but rather a change in NMFS' approach 
since the initial IHA was issued. As a general matter, renewal 
conditions are focused on ensuring the activity is identical, or has no 
more than minor changes, and the absence of new information suggesting 
impacts of a nature or scale not initially analyzed and affecting the 
initial findings, not on changes in NMFS recommended methods.
    As described in more detail in our recent response to a similar 
comment for the CTJV Renewal (86 FR 14609, March 17, 2021), the DTH 
data available to inform the analytical approach are limited and the 
updated interim methodology adopted by NMFS moving forward, and 
referenced in the MMC's comment, takes the most conservative approach 
to both Level A and Level B harassment estimation, with the expectation 
that take is likely overestimated using this method. The fact that NMFS 
is using the new approach moving forward does not mean the prior 
approach is unsound. Here, while the Level A harassment zones would be 
somewhat larger using the updated methodology, it would not change the 
take estimates for any species or stock, the nature of the expected 
impacts, or any of our findings. The take estimates in the initial IHA 
were based on the prediction that a very small number of three species 
may occasionally potentially approach close enough within a given 
amount of days/months (which are still fewer for this renewal than for 
the initial IHA) and stay long enough to incur PTS, rather than upon 
any density/area calculations. It is highly unlikely that a change in 
the Level A harassment zones would result in any change in the 
potential for any of this to occur. Further, as described below, the 
monitoring to date indicates that far fewer marine mammals are entering 
the activity area than expected, and the mitigation measures described 
in the initial IHA remain adequate and appropriate. Accordingly, as 
required under the Renewal conditions, upon review of the request for 
Renewal, the status of the affected species or stocks, the preliminary 
monitoring report, and any other pertinent information, we have 
determined that there are no changes in the activities, the mitigation 
and monitoring measures will remain the same and appropriate, and the 
findings in the initial IHA remain valid.
    Regarding the preliminary monitoring information provided by the 
current IHA Holder and applicant for the Renewal, significantly fewer 
marine mammals of all species were detected and reported within 
harassment zones than were predicted and authorized (17 reported takes, 
less than 1 percent of the total take authorized across species, and no 
more than 3 percent of any species or stock) given the amount of 
activity conducted. Regarding the MMC's comment that ADOT&PF was 
required to extrapolate take based on the unseen portion of the zones, 
the requirement does not apply in this case because PSOs positioned 
themselves along the Narrows in a manner that enabled a full view of 
the entire Level B harassment zones. The Level B harassment zones were 
completely visible throughout the work conducted to date, and so 
extrapolation was not necessary as there were no unseen portions of the 
zones. The preliminary monitoring data provided by the applicant 
clearly does not indicate impacts of a scale or nature not previously 
analyzed or authorized.
    As described above, despite development of an alternative approach 
to DTH pile driving since the initial IHA that is not necessary to 
apply here, this project qualifies for a renewal in that the applicant 
proposes to complete a subset of the initially analyzed activities with 
no changes, the preliminary monitoring shows no impacts of a scale or 
nature beyond those previously analyzed (in fact they were 
significantly less than that predicted), the total number of days of 
driving and the amount of take authorized are both less than that in 
the initial IHA, the mitigation and monitoring measures remain the 
same, and upon review NMFS has determined that the findings in the 
initial IHA remain valid. We therefore decline to accept the 
Commission's recommendation that we deny the renewal request.
    Comment: The MMC further notes that NMFS did not abide by one of 
the basic tenets of its process that it will provide direct notice of a 
proposed renewal by email, phone, or postal service (in this order) to 
persons who commented on the proposed initial authorization because it 
did not inform the MMC of the renewal request.
    Response: NMFS acknowledges that our inadvertent lack of direct 
notice to the MMC was an error in our current practice and we have 
taken steps to ensure that we do not miss notifying the MMC about 
future proposed Renewal IHA notices. Nonetheless, our oversight in 
providing the MMC with direct notice of the proposed Renewal does not 
necessitate the denial of the renewal, which otherwise qualifies for 
issuance based on the renewal conditions. Because the MMC was the only 
person or entity that commented on the initial proposed IHA, there is 
no one else who did not receive direct notice. In addition, the MMC 
received notice of the proposed Renewal IHA through the March 5, 2021 
Federal Register notice and was able to review the proposed Renewal 
notice and provide its

[[Page 23947]]

comments within the needed timeframe. We likewise were able to fully 
consider the MMC's comments within the needed timeframe. Therefore, our 
inadvertent failure to provide the MMC with direct notice was 
functionally harmless in this case.
    Comment: The MMC asserts that NMFS wrongly considered the two 
phases of ADOT&PF's project and that we ignored the possibility that 
ADOT&PF would conduct both phases simultaneously.
    Response: We considered this issue in the proposed renewal notice. 
On page 12920 (86 FR 12918; March 5, 2021) we noted that Phase I and 
Phase II of the work would not occur simultaneously. We have emphasized 
this again in this final Renewal IHA notice.
    Comment: Based on the asserted and perceived problems noted above, 
the MMC recommends that NMFS formally revoke its authorization renewal 
process.
    Response: NMFS does not agree with the MMC's recommendation, and 
does not adopt it. First, as noted above, we have concurred with the 
MMC's interpretation of the increase in the maximum number of piles per 
day from 3 to 8, and, following our recommendation, ADOT&PF rescinded 
the request for this change. Additionally, as discussed above the MMC 
asserted numerous problems that in fact were not true, were based on 
the MMC's opinion, or did not appreciably impact the MMC's ability to 
comment on the proposed Renewal, and thus do not establish problems 
with this Renewal IHA or systemic problems with the renewal process and 
its compliance with Section 101(a)(5)(D) of the MMPA overall.
    Further, we note in prior responses to comments about IHA Renewals 
(e.g., 84 FR 52464; October 2, 2019, 85 FR 53342; August 28, 2020; and 
86 FR 14606; March 17, 2021), NMFS has explained how the renewal 
process, as implemented, is consistent with the statutory requirements 
contained in section 101(a)(5)(D) of the MMPA, provides additional 
efficiencies beyond the use of abbreviated notices, and, further, 
promotes NMFS' goals of improving conservation of marine mammals and 
increasing efficiency in the MMPA compliance process. Therefore, we 
intend to continue implementing the Renewal process and will adjust its 
conditions and implementation as needed.

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 NAO 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 Renewal qualifies to be categorically excluded from 
further NEPA review.

Determinations

    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. This includes consideration of all information discussed 
above, as well as stock abundance information. The estimated abundance 
of the West Coast Transient and Northern Resident Killer whale stocks 
and Steller sea lion Eastern U.S. stock have increased slightly, 
whereas, the Clarence Strait harbor seal stock decreased slightly. 
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 
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; 
(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, and; (5) appropriate 
monitoring and reporting requirements are included.

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 whenever we propose to authorize take for 
endangered or threatened species, in this case with the NMFS' Alaska 
Regional Office.
    NMFS' Alaska Region issued a revised Biological Opinion to NMFS' 
Office of Protected Resources on December 19, 2019 which concluded that 
issuance of IHAs to ADOT&PF is not likely to jeopardize the continued 
existence of Mexico DPS humpback whales. Since then, the regional 
office determined that issuance of the renewal IHA will not alter take 
or require re-initiation of the consultation.

Renewal

    As a result of these determinations, NMFS has issued a Renewal IHA 
to ADOT&PF for the taking of marine mammals incidental to the remaining 
activities of Phase I of the two-phase ferry berth improvements and 
construction in Tongass Narrows, near Ketchikan, AK from the date of 
issuance through February 28, 2022, provided the previously described 
mitigation, monitoring, and reporting requirements are incorporated. 
The IHA can be found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.

    Dated: April 28, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resource, National Marine 
Fisheries Service.
[FR Doc. 2021-09451 Filed 5-4-21; 8:45 am]
BILLING CODE 3510-22-P