Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Berth III New Mooring Dolphins Project in Ketchikan, Alaska, 50704-50706 [2021-19520]

Download as PDF 50704 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices Dated: August 31, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. XIII. Recommendation Appendix I DEPARTMENT OF COMMERCE [FR Doc. 2021–19522 Filed 9–9–21; 8:45 am] BILLING CODE 3510–DS–P List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Non-Selected Companies Under Review V. Diversification of China’s Economy VI. Non-Selected Company Rate VII. Partial Rescission of the Administrative Review VIII. Intent To Rescind Administrative Review, in Part IX. Use of Facts Otherwise Available and Application of Adverse Inferences X. Interest Rate Benchmarks, Discount Rates, Input and Electricity Benchmarks XI. Subsidies Valuation XII. Analysis of Programs the Endangered Species Act (ESA), as applicable. The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. FOR FURTHER INFORMATION CONTACT: Shasta McClenahan, Ph.D. (Permit No. 25761), Courtney Smith, Ph.D. (Permit No. 25508) and Carrie Hubard (Permit No. 23966); at (301) 427–8401. SUPPLEMENTARY INFORMATION: Notices were published in the Federal Register on the dates listed below that requests for a permit had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a complete description of the activities, go to www.federalregister.gov and search on the permit number provided in Table 1 below. ADDRESSES: National Oceanic and Atmospheric Administration [RTID 0648–XB412] Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits. AGENCY: Notice is hereby given that permits have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES TABLE 1—ISSUED PERMITS Permit No. RTID Applicant Previous Federal Register notice 23966 .......................... 0648–XA246 ............... 0648–XB204 ............... 85 FR 42361; July 14, 2020. 86 FR 35072; July 1, 2021. August 13, 2021. 25761 .......................... 25508 .......................... 0648–XB173 ............... Christopher Cilfone, Kohola Film Project; 61 Loa Pl., Lahaina, Hawaii 96761. Earthscape Productions, Ltd., St Stephens Avenue, Bristol, BS1 1YL, United Kingdom (Responsible Party: Tina Razdan). Sea World LLC, 6240 Sea Harbor Drive, Orlando, Florida, 32821 (Responsible Party: Christopher Dold, DVM). 86 FR 33233; June 24, 2021. August 31, 2021. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permits was based on a finding that such permits: (1) were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and policies set forth in Section 2 of the ESA. Authority: The requested permits have been issued under the MMPA of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), as applicable. VerDate Sep<11>2014 18:09 Sep 09, 2021 Jkt 253001 Dated: September 7, 2021. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–19550 Filed 9–9–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB368] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Berth III New Mooring Dolphins Project in Ketchikan, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. AGENCY: NMFS has received a request from the City of Ketchikan, Alaska (COK) for the reissuance of a previously SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Issuance date August 18, 2021. issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of nine species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Berth III New Mooring Dolphins Project in Ketchikan, AK. The project has been delayed by one year and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from October 1, 2021, through September 30, 2022. The COK has requested reissuance with new effective dates of October 1, 2022, through September 30, 2023. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA. DATES: This authorization is effective from October 1, 2022, through September 30, 2023. ADDRESSES: An electronic copy of the final 2021 IHA previously issued to the E:\FR\FM\10SEN1.SGM 10SEN1 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES COK, the Navy’s application, and the Federal Register notices proposing and issuing the initial IHA may be obtained by visiting https:// www.fisheries.noaa.gov/action/ incidental-take-authorization-berth-iiinew-mooring-dolphins-projectketchikan-alaska. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). VerDate Sep<11>2014 18:09 Sep 09, 2021 Jkt 253001 Summary of Request On March 3, 2021, NMFS published final notice of our issuance of an IHA authorizing take of marine mammals incidental to the Berth III New Mooring Dolphins Project (86 FR 12411). The effective dates of that IHA were October 1, 2021, through September 30, 2022. On July 21, 2021, the COK informed NMFS that the project would be delayed by one year. None of the work identified in the initial IHA (e.g., pile driving and removal) has occurred. The COK submitted a request that we reissue an identical IHA that would be effective from October 1, 2022, through September 30, 2023, in order to conduct the construction work that was analyzed and authorized through the previously issued IHA. Therefore, reissuance of the IHA is appropriate. Summary of Specified Activity and Anticipated Impacts The planned activities (including mitigation, monitoring, and reporting), authorized incidental take, and anticipated impacts on the affected stocks are the same as those analyzed and authorized through the previously issued IHA. The purpose of the COK’s Berth III construction project is to accommodate a new fleet of large cruise ships (i.e., Bliss class) and to meet the needs of the growing cruise ship industry and its vessels in Southeast Alaska. The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the initial IHA. The mitigation and monitoring are also as prescribed in the initial IHA. Species that are expected to be taken by the planned activity include humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera acutorostrata), gray whale (Eschrichtius robustus), killer whale (Orcinus orca), Pacific whitesided dolphin (Lagenorhynchus obliquidens), Dall’s porpoise (Phocoenoides dalli), harbor porpoise (Phocoena phocoena), harbor seal (Phoca vitulina), and Steller sea lion (Eumetopias jubatus). A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that was authorized is found in the previous documents referenced above. The data inputs and methods of estimating take are identical to those used in the initial IHA. NMFS has reviewed recent Stock Assessment Reports, information on relevant Unusual Mortality Events, and recent scientific literature, and determined that no new information affects our original PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 50705 analysis of impacts or take estimate under the initial IHA. We refer to the documents related to the previously issued IHA, which include the Federal Register notice of the issuance of the initial 2021 IHA for the COK’s construction work (86 FR 12411; March 3, 2021), the COK’s application, the Federal Register notice of the proposed IHA (85 FR 71612; November 11, 2021), and all associated references and documents. Determinations The COK will conduct activities as analyzed in the initial 2021 IHA. As described above, the number of authorized takes of the same species and stocks of marine mammals are identical to the numbers that were found to meet the negligible impact and small numbers standards and authorized under the initial IHA and no new information has emerged that would change those findings. The reissued 2022 IHA includes identical required mitigation, monitoring, and reporting measures as the initial IHA, and there is no new information suggesting that our analysis or findings should change. Based on the information contained here and in the referenced documents, NMFS has determined the following: (1) The required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species or stocks; (3) the authorized takes represent small numbers of marine mammals relative to the affected stock abundances; and (4) the Navy’s activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action. National Environmental Policy Act To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216–6A, NMFS must review our proposed action with respect to environmental consequences on the human environment. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 of the Companion Manual for 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 E:\FR\FM\10SEN1.SGM 10SEN1 50706 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices have not identified any extraordinary circumstances that would preclude this categorical exclusion. Endangered Species Act (ESA) Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 U.S.C. 1531 et seq.) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally, in this case with the Alaska Regional Office, whenever we propose to authorize take for endangered or threatened species. The effects of this proposed Federal action were adequately analyzed in NMFS’ Biological Opinion for the Berth III New Mooring Dolphins Project, dated February 11, 2021, which concluded that the take NMFS proposed to authorize through this IHA would not jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any designated critical habitat. Authorization NMFS has issued an IHA to the COK for in-water construction activities associated with the specified activity from October 1, 2022, through September 30, 2023. All previously described mitigation, monitoring, and reporting requirements from the initial 2021 IHA are incorporated. Dated: September 3, 2021. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. BILLING CODE 6353–01–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed deletions from the Procurement List. AGENCY: The Committee is proposing to delete service(s) from the Procurement List that were furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Comments must be received on or before: October 10, 2021. SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES Service(s) Service Type: Janitorial/Custodial Mandatory for: Port Angeles Federal Building: 138 W First Street NULL Port Angeles, WA Contracting Activity: PUBLIC BUILDINGS SERVICE, GSA/PBS Service Type: Janitorial Service Mandatory for: US Coast Guard, C3CEN–R21Juneau Detachment, Douglas, AK 100 Savikko Douglas, AK Designated Source of Supply: REACH, Inc., Juneau, AK Contracting Activity: U.S. COAST GUARD, BASE KETCHIKAN(00035) Service Type: Custodial Service Mandatory for: White Mountain National Forest, Saco Ranger Administrative Site, Conway, NH Routes 112, 33 Kancamagus Highway, Conway, NH Designated Source of Supply: Northern New England Employment Services, Portland, ME Contracting Activity: FOREST SERVICE, ALLEGHENY NATIONAL FOREST [FR Doc. 2021–19561 Filed 9–9–21; 8:45 am] BILLING CODE 3510–22–P 18:09 Sep 09, 2021 Deletions The following service(s) are proposed for deletion from the Procurement List: Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2021–19520 Filed 9–9–21; 8:45 am] VerDate Sep<11>2014 Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S Clark Street, Suite 715, Arlington, Virginia 22202–4149. FOR FURTHER INFORMATION CONTACT: For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 785–6404, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. ADDRESSES: Jkt 253001 Procurement List; Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Deletions from the Procurement List. AGENCY: This action adds service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities and deletes product(s) from the Procurement List previously furnished by such agencies. SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DATES: Date added to the Procurement List: September 29, 2021. Date deleted from the Procurement List: October 10, 2021. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S Clark Street, Suite 715, Arlington, Virginia 22202–4149. FOR FURTHER INFORMATION CONTACT: Michael R. Jurkowski, Telephone: (703) 785–6404, or email CMTEFedReg@ AbilityOne.gov. SUPPLEMENTARY INFORMATION: Additions On 6/18/2021 the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed additions to the Procurement List. This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51– 2.3. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the service(s) and impact of the additions on the current or most recent contractors, the Committee has determined that the service(s) listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping, or other compliance requirements for small entities other than the small organizations that will furnish the service(s) to the Government. 2. The action will result in authorizing small entities to furnish the service(s) to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the product(s) and service(s) proposed for addition to the Procurement List. End of Certification Accordingly, the following service(s) are added to the Procurement List: Service(s) Service Type: Document Management Service Mandatory for: National GeospatialIntelligence Agency, Records Management Program, St Louis, MO Designated Source of Supply: ServiceSource, Inc., Oakton, VA E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50704-50706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB368]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Berth III New Mooring Dolphins 
Project in Ketchikan, Alaska

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

ACTION: Notice; issuance of incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the City of Ketchikan, Alaska 
(COK) for the reissuance of a previously issued incidental harassment 
authorization (IHA) with the only change being effective dates. The 
initial IHA authorized take of nine species of marine mammals, by Level 
A and Level B harassment, incidental to construction associated with 
the Berth III New Mooring Dolphins Project in Ketchikan, AK. The 
project has been delayed by one year and none of the work covered in 
the initial IHA has been conducted. The initial IHA was effective from 
October 1, 2021, through September 30, 2022. The COK has requested 
reissuance with new effective dates of October 1, 2022, through 
September 30, 2023. The scope of the activities and anticipated effects 
remain the same, authorized take numbers are not changed, and the 
required mitigation, monitoring, and reporting remains the same as 
included in the initial IHA. NMFS is, therefore, issuing a second 
identical IHA to cover the incidental take analyzed and authorized in 
the initial IHA.

DATES: This authorization is effective from October 1, 2022, through 
September 30, 2023.

ADDRESSES: An electronic copy of the final 2021 IHA previously issued 
to the

[[Page 50705]]

COK, the Navy's application, and the Federal Register notices proposing 
and issuing the initial IHA may be obtained by visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-berth-iii-new-mooring-dolphins-project-ketchikan-alaska. In case of problems 
accessing these documents, please call the contact listed below (see 
FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as 
delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On March 3, 2021, NMFS published final notice of our issuance of an 
IHA authorizing take of marine mammals incidental to the Berth III New 
Mooring Dolphins Project (86 FR 12411). The effective dates of that IHA 
were October 1, 2021, through September 30, 2022. On July 21, 2021, the 
COK informed NMFS that the project would be delayed by one year. None 
of the work identified in the initial IHA (e.g., pile driving and 
removal) has occurred. The COK submitted a request that we reissue an 
identical IHA that would be effective from October 1, 2022, through 
September 30, 2023, in order to conduct the construction work that was 
analyzed and authorized through the previously issued IHA. Therefore, 
reissuance of the IHA is appropriate.

Summary of Specified Activity and Anticipated Impacts

    The planned activities (including mitigation, monitoring, and 
reporting), authorized incidental take, and anticipated impacts on the 
affected stocks are the same as those analyzed and authorized through 
the previously issued IHA.
    The purpose of the COK's Berth III construction project is to 
accommodate a new fleet of large cruise ships (i.e., Bliss class) and 
to meet the needs of the growing cruise ship industry and its vessels 
in Southeast Alaska. The location, timing, and nature of the 
activities, including the types of equipment planned for use, are 
identical to those described in the initial IHA. The mitigation and 
monitoring are also as prescribed in the initial IHA.
    Species that are expected to be taken by the planned activity 
include humpback whale (Megaptera novaeangliae), minke whale 
(Balaenoptera acutorostrata), gray whale (Eschrichtius robustus), 
killer whale (Orcinus orca), Pacific white-sided dolphin 
(Lagenorhynchus obliquidens), Dall's porpoise (Phocoenoides dalli), 
harbor porpoise (Phocoena phocoena), harbor seal (Phoca vitulina), and 
Steller sea lion (Eumetopias jubatus). A description of the methods and 
inputs used to estimate take anticipated to occur and, ultimately, the 
take that was authorized is found in the previous documents referenced 
above. The data inputs and methods of estimating take are identical to 
those used in the initial IHA. NMFS has reviewed recent Stock 
Assessment Reports, information on relevant Unusual Mortality Events, 
and recent scientific literature, and determined that no new 
information affects our original analysis of impacts or take estimate 
under the initial IHA.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 
initial 2021 IHA for the COK's construction work (86 FR 12411; March 3, 
2021), the COK's application, the Federal Register notice of the 
proposed IHA (85 FR 71612; November 11, 2021), and all associated 
references and documents.

Determinations

    The COK will conduct activities as analyzed in the initial 2021 
IHA. As described above, the number of authorized takes of the same 
species and stocks of marine mammals are identical to the numbers that 
were found to meet the negligible impact and small numbers standards 
and authorized under the initial IHA and no new information has emerged 
that would change those findings. The reissued 2022 IHA includes 
identical required mitigation, monitoring, and reporting measures as 
the initial IHA, and there is no new information suggesting that our 
analysis or findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has determined the following: (1) The required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; and (4) the Navy's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action with respect to environmental 
consequences on the human environment.
    Accordingly, NMFS has determined that the issuance of the IHA 
qualifies to be categorically excluded from further NEPA review. This 
action is consistent with categories of activities identified in CE B4 
of the Companion Manual for 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

[[Page 50706]]

have not identified any extraordinary circumstances that would preclude 
this categorical exclusion.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with the Alaska Regional Office, 
whenever we propose to authorize take for endangered or threatened 
species.
    The effects of this proposed Federal action were adequately 
analyzed in NMFS' Biological Opinion for the Berth III New Mooring 
Dolphins Project, dated February 11, 2021, which concluded that the 
take NMFS proposed to authorize through this IHA would not jeopardize 
the continued existence of any endangered or threatened species or 
destroy or adversely modify any designated critical habitat.

Authorization

    NMFS has issued an IHA to the COK for in-water construction 
activities associated with the specified activity from October 1, 2022, 
through September 30, 2023. All previously described mitigation, 
monitoring, and reporting requirements from the initial 2021 IHA are 
incorporated.

    Dated: September 3, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2021-19520 Filed 9-9-21; 8:45 am]
BILLING CODE 3510-22-P