Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Berth III New Mooring Dolphins Project in Ketchikan, Alaska, 75233-75234 [2022-26723]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75233-75234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26723]



[[Page 75233]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC566]


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.

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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.

DATES: This authorization is effective from October 1, 2023, through 
September 30, 2024.

ADDRESSES: An electronic copy of the final 2021 IHA previously issued 
to the 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: The construction is associated with the 
Berth III New Mooring Dolphins Project in Ketchikan, AK (March 3, 2021; 
86 FR12411). The project has already been delayed by one year and NMFS 
had reissued the IHA to the COK (September 10, 2021; 86 FR 50704). 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 
first reissued IHA was effective from October 1, 2022, through 
September 30, 2023. The COK has requested a subsequent reissuance of 
the IHA with new effective dates of October 1, 2023, through September 
30, 2024. 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 an identical IHA to cover 
the incidental take analyzed and authorized in the initial IHA.

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 and 
requested a reissuance of the initial IHA. NMFS sent the reissued IHA 
to the COK on September 2, 2021 with effective dates of October 1, 
2022, through September 30, 2023 (September 10, 2021; 86 FR 50704). 
None of the work identified in the initial IHA (e.g., pile driving and 
removal) had occurred. On July 12, 2022, the COK submitted an 
additional request that we reissue an identical IHA that would be 
effective from October 1, 2023, through September 30, 2024, in order to 
conduct the construction work that was analyzed and authorized through 
the previously issued initial 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 initial IHA and the first reissued 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

[[Page 75234]]

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 2023 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 have 
not identified any extraordinary circumstances that would preclude this 
categorical exclusion. Because the only change to the IHA are effective 
dates, the CE on record for issuance of the initial IHA applies to this 
action.

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, 2023, 
through September 30, 2024. All previously described mitigation, 
monitoring, and reporting requirements from the initial 2021 IHA are 
incorporated.

    Dated: December 5, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-26723 Filed 12-7-22; 8:45 am]
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