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
<![CDATA[
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]
-----------------------------------------------------------------------
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
