Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows in Ketchikan, Alaska, 8814-8820 [2023-02808]
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
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incidental-take-authorizations-underNational Oceanic and Atmospheric
marine-mammal-protection-act without
Administration
change. All personal identifying
information (e.g., name, address)
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Takes of Marine Mammals Incidental to may be publicly accessible. Do not
submit confidential business
Specified Activities; Taking Marine
information or otherwise sensitive or
Mammals Incidental to Ferry Berth
protected information.
Improvements in Tongass Narrows in
FOR FURTHER INFORMATION CONTACT: Kate
Ketchikan, Alaska
Fleming, Office of Protected Resources
AGENCY: National Marine Fisheries
(OPR), NMFS, (301) 427–8401.
Service (NMFS), National Oceanic and
Electronic copies of the original
Atmospheric Administration (NOAA),
application, renewal request, and
Commerce.
supporting documents (including NMFS
ACTION: Notice; request for comments on Federal Register notifications of the
proposed renewal incidental harassment original proposed and final
authorization (IHA).
authorizations, and the previous IHA),
as well as a list of the references cited
SUMMARY: NMFS received a request from in this document, may be obtained
the Alaska Department of
online at: https://
Transportation and Public Facilities
www.fisheries.noaa.gov/permit/
(ADOT) for the renewal of their
incidental-take-authorizations-undercurrently active incidental harassment
marine-mammal-protection-act. In case
authorization (IHA) to take marine
of problems accessing these documents,
mammals incidental to ferry berth
please call the contact listed above.
improvements in Tongass Narrows in
SUPPLEMENTARY INFORMATION:
Ketchikan, Alaska. These activities
consist of activities that are covered by
Background
the current authorization, but will not
The MMPA prohibits the ‘‘take’’ of
be completed prior to its expiration.
marine mammals, with certain
Pursuant to the Marine Mammal
exceptions. Sections 101(a)(5)(A) and
Protection Act (MMPA), prior to issuing (D) of the MMPA (16 U.S.C. 1361 et
the currently active IHA, NMFS
seq.) direct the Secretary of Commerce
requested comments on both the
(as delegated to NMFS) to allow, upon
proposed IHA and the potential for
request, the incidental, but not
renewing the initial authorization if
intentional, taking of small numbers of
certain requirements were satisfied. The marine mammals by U.S. citizens who
renewal requirements have been
engage in a specified activity (other than
satisfied, and NMFS is now providing
commercial fishing) within a specified
an additional 15-day comment period to geographical region if certain findings
allow for any additional comments on
are made and either regulations are
the proposed renewal not previously
issued or, if the taking is limited to
provided during the initial 30-day
harassment, an incidental harassment
comment period.
authorization is issued.
DATES: Comments and information must
Authorization for incidental takings
be received no later than February 27,
shall be granted if NMFS finds that the
2023.
taking will have a negligible impact on
the species or stock(s) and will not have
ADDRESSES: Comments should be
an unmitigable adverse impact on the
addressed to Jolie Harrison, Chief,
availability of the species or stock(s) for
Permits and Conservation Division,
taking for subsistence uses (where
Office of Protected Resources, National
Marine Fisheries Service, and should be relevant). Further, NMFS must prescribe
the permissible methods of taking and
submitted via email to ITP.Fleming@
other ‘‘means of effecting the least
noaa.gov.
Instructions: NMFS is not responsible practicable adverse impact’’ on the
for comments sent by any other method, affected species or stocks and their
habitat, paying particular attention to
to any other address or individual, or
rookeries, mating grounds, and areas of
received after the end of the comment
similar significance, and on the
period. Comments, including all
availability of such species or stocks for
attachments, must not exceed a 25taking for certain subsistence uses
megabyte file size. Attachments to
comments will be accepted in Microsoft (referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
Word or Excel or Adobe PDF file
formats only. All comments received are such takings are also required. The
meaning of key terms such as ‘‘take,’’
a part of the public record and will
‘‘harassment,’’ and ‘‘negligible impact’’
generally be posted online at https://
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DEPARTMENT OF COMMERCE
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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
one 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 caseby-case basis, NMFS may issue a 1-time
1-year renewal IHA following
notification 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
Specified Activities section of the initial
IHA issuance notification is planned or
(2) the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notification 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 section of
the notification of issuance of the initial
IHA, 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 1 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
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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 renewal) with respect to potential
impacts on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has preliminarily determined
that the application of this categorical
exclusion remains appropriate for this
renewal IHA.
Island Shuttle Ferry Berth/Related
Terminal Improvements (87 FR 15387,
March 18, 2022), effective from March,
5, 2022 through March 4, 2023. NMFs
previously issued two consecutive
IHAs, one of which was renewed and
the other reissued, prior to issuing the
initial IHA (which includes some
construction that was originally planned
under the consecutive IHA’s as well as
some new/additional work) associated
with this renewal request.
Following the issuance of the initial
IHA, ADOT reported the presence of
northern elephant seals (Mirounga
angustirostris) in the area, which had
not been anticipated. In June 2022,
NMFS modified the March 2022 initial
IHA by adding authorized take by Level
B harassment of this species at ADOT’s
request.
In July 2022 ADOT also requested to
install a subset of temporary piles via
down-the-hole (DTH) methods rather
than the previously assumed vibratory
pile driving, in case the overburden
onsite was not deep enough. In
September 2022 NMFS determined that
ADOT’s requested modification did not
alter the original scope of activity
analyzed or the impact analysis in a
manner that materially affected the basis
for the original findings. NMFS
additionally modified the IHA to require
additional shutdown zones but
determined that authorization of
additional take was not required.
On January 5, 2023, NMFS received
an application for the renewal of the
initial IHA. Following NMFS’ review of
the application, the ACOE submitted a
revised version on January 19, 2023 and
again on January 25, 2023. As described
in the application for renewal IHA, the
activities for which incidental take is
requested consist of activities that are
covered by the initial authorization (and
subsequent modifications) discussed
above but will not be completed prior to
its expiration. As required, the applicant
provided a preliminary monitoring
report 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.
History of Request
On March, 5 2022, NMFS issued an
IHA to ADOT to take marine mammals
incidental to the construction and/or
improvements to four ferry berths in
Tongass Narrows in Ketchikan Alaska:
Gravina Airport Ferry Layup Facility,
the Gravina Freight Facility, the Revilla
New Ferry Berth and Upland
Improvements, and the New Gravina
Description of the Specified Activities
and Anticipated Impacts
ADOT is making improvements to
existing ferry berths and constructing
new ferry berths on Gravina Island and
Revillagigedo (Revilla) Island in
Tongass Narrows, near Ketchikan in
southeast Alaska. These ferry facilities
provide the only public access between
the city of Ketchikan, AK on Revilla
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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 notification 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/incidentalharassment-authorization-renewals.
Any comments received on the potential
renewal, along with relevant comments
on the initial IHA, have been considered
in the development of this proposed
IHA renewal, and a summary of agency
responses to applicable comments is
included in this notification. NMFS will
consider any additional public
comments prior to making any final
decision on the issuance of the
requested renewal, and agency
responses will be summarized in the
final notification of our decision.
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Island, and the Ketchikan International
Airport on Gravina Island. In-water
work associated with the Revilla New
Ferry Berth and Upland Improvements,
and Gravina Airport Ferry Layup
Facility have been completed. Only
partial in-water work has been
completed at the Gravina Island Shuttle
Ferry Berth/Related Terminal
Improvements, and no in-water work
has been completed towards the Freight
Facility. The remaining marine
construction associated with the
activities is planned to occur over 30
non-consecutive days over 1 year
beginning March 5, 2023. The project’s
planned activities that have the
potential to take marine mammals, by
Level A harassment and Level B
harassment, include vibratory and
impact pile driving, DTH operations for
pile installation (rock socketing of piles
and tension anchors to secure piles),
and vibratory pile removal.
Under the initial IHA, Level B
harassment is authorized for a small
number of nine species of marine
mammals (including northern elephant
seal). Of those nine species, Level A
harassment was authorized for five
species Steller sea lion (Eumetopias
jubatus), harbor seal (Phoca vitulina
richardii), harbor porpoise (Phocoena
phocoena), Dall’s porpoise
(Phocoenoides dalli) and minke whale
(Balaenoptera acutorostrata). Neither
ADOT nor NMFS expects serious injury
or mortality to result from this activity
and, therefore, a renewal IHA is
appropriate.
The following documents are
referenced in this notification and
include important supporting
information:
• Initial 2022 final IHA (87 FR 15387,
March 18, 2022);
• Initial 2022 proposed IHA (87 FR
5980, February 2, 2022); and
• Initial IHA application, Biological
Opinion, References (available at
www.fisheries.noaa.gov/action/
incidental-take-authorization-alaskadepartment-transportation-ferry-berthimprovements-0).
Detailed Description of the Activity
A detailed description of the ferry
berth construction and improvements
for which take is proposed here may be
found in the notifications of the
proposed and final IHAs for the initial
authorization. NMFS also incorporates
the installation of 20 24-inch temporary
piles via DTH methods (rather than
vibratory pile driving) at the Freight and
Layup Facility (via the September 2022
modification of the initial IHA) to that
detailed description, increasing the
overall DTH drilling duration by
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approximately 6 percent over the
duration of the project, as compared
with the analysis in the Federal Register
notices for the initial IHA. The 20
temporary piles require relatively short
durations of DTH drilling in comparison
to the production piles included in the
initial analysis, which are drilled much
further into the bedrock.
While the in-water work associated
with the Revilla New Ferry Berth and
Gravina Airport Ferry Layup Facility
have been completed, the Gravina
Shuttle Island Ferry Berth and the
Freight Facility have not. At the time of
the renewal request no in-water work
had been completed at the Freight
Facility and a subset of in-water work
had been completed at the Gravina
Island Shuttle Ferry Berth:
• Installation and removal of twelve
20-inch temporary piles;
• Installation of 10 rock sockets; and
• Installation of 12 24-inch
permanent piles.
In-water work that is planned for
completion under this renewal IHA
include remaining work at the Gravina
Island Shuttle Ferry Berth:
• Installation of twenty-three 24-inch
piles;
• Installation of twenty-eight tension
anchors;
• Installation of 11 rock sockets and
all pile driving activities for the Freight
Facility:
• Installation of six 20-inch steel
piles;
• Installation of three 24-inch piles;
• Installation of four 30-inch steel
piles;
• Installation and removal of twelve
24-inch temporary piles;
• Installation of 13 tension anchors;
• Installation of 5 rock sockets.
The location, timing (e.g. seasonality),
and nature of the activities, including
the types of equipment planned for use,
are identical to those described in the
previous notifications (as updated
through incorporation of the request to
install temporary piles via DTH, rather
than vibratory driver).
The remaining marine construction
associated with the activities is planned
to occur over 30 non-consecutive days
over one year beginning March 5, 2023.
Though concurrent use of two hammers
is unlikely/expected to rarely occur
during the remaining work under the
renewal, the possibility remains. The
initial IHA accounted for concurrent use
of any combination of hammers for half
the anticipated number of days of
construction. That assumption is carried
over into this proposed renewal IHA.
The proposed renewal would be
effective for a period not exceeding one
year from the date of expiration of the
initial IHA (March 5, 2023).
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Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
including information on abundance,
status, distribution, and hearing, may be
found in the notice of the proposed IHA
(87 FR 5980, February 2, 2022), the final
IHA (87 FR 15387, March 18, 2023) for
the initial authorization. We
supplement that description here with
additional information for northern
elephant seals.
Northern elephant seals breed and
give birth in California and Baja
California, primarily on offshore islands
(Stewart et al., 1994). Spatial
segregation in foraging areas between
males and females is evident from
satellite tag data (Le Beouf et al., 2000).
Males migrate to the Gulf of Alaska and
western Aleutian Islands along the
continental shelf to feed on benthic
prey, while females migrate to pelagic
areas in the Gulf of Alaska and the
central North Pacific to feed on pelagic
prey (Le Beouf et al., 2000). Elephant
seals spend a majority of their time at
sea (average of 74.7 days during post
breeding migration and an average of
218.5 days during the postmolting
migration; Robinson et al., 2012).
Although northern elephant seals are
known to visit the Gulf of Alaska to feed
on benthic prey, they rarely occur on
the beaches of Alaska. However, there
are recent reports of elephant seals
occurring in and near the Tongass
Narrows.
NMFS has reviewed the monitoring
data from the initial IHA, recent draft
Stock Assessment Reports, information
on relevant Unusual Mortality Events,
and other scientific literature, and
determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or the pertinent information
in the Description of the Marine
Mammals in the Area of Specified
Activities contained in the supporting
documents for the initial IHA. This
includes consideration of changes
proposed in the Draft 2022 Marine
Mammal Stock Assessment Report
(SARs) (https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessmentreports-region) published on January 24,
2023, which include a slightly reduced
Alaska Resident killer whale population
abundance estimate.
In addition, the draft 2022 SARs
include proposed update to stock
structures for humpback whale and
harbor porpoise. For humpback whales,
the new structure, if finalized, would
modify the MMPA-designated stocks to
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align more closely with ESA-designated
distinct population segments (DPSs).
Please refer to the draft 2022 Alaska and
Pacific Ocean SARs for additional
information.
NMFS OPR, Permits and Conservation
Division has generally considered peerreviewed data in draft SARs (relative to
data provided in the most recent final
SARs), when available, as the best
available science, and has done so in
this proposed renewal IHA for all
species and stocks with the exception of
the new proposal to revise certain stock
structures. Given that the proposed
changes to the stock structures involve
the application of NMFS’ Guidance for
Assessing Marine Mammal Stocks and
could be revised following
consideration of public comments, it is
more appropriate to conduct our
analysis for this proposed renewal IHA
based on the status quo stock structures
identified in the most recent final SARs
(2021, Muto et al., 2022).
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 the authorization of
take is proposed here may be found in
the notices of the proposed IHA (87 FR
5980, February 2, 2022) and final IHA
(87FR15387, March 18, 2023) for the
initial authorization.
In the case of installing temporary
piles via DTH drilling rather than
vibratory drilling, the nature of the
impacts are the same, but they required
identification of larger Level A
harassment zones and a larger Level B
harassment zone than originally
anticipated. For installation of these
temporary piles using DTH drilling,
given the estimated source level of 167
dB RMS, the Level B harassment zone
would be 13,594 m for all hearing
groups. Regarding Level A harassment,
using an estimated source level of 159
dB SEL at 10m, a strike rate of 15 strikes
per second, an estimated DTH drilling
duration of 180 minutes per pile
(maximum duration estimated by
ADOT), two piles per day (maximum
daily pile number estimated by ADOT),
and a transmission loss coefficient of 15
m, the use of DTH drilling for these
temporary piles is estimated to produce
the following hearing group-specific
Level A harassment zones:
• Low-frequency cetaceans: 1,183 m;
• Mid-frequency cetaceans: 42 m;
• High-frequency cetaceans: 1,410 m;
• Phocid pinnipeds: 633 m; and
• Otariid pinnipeds: 46 m.
NMFS has reviewed the monitoring
data from the initial IHA, recent draft
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Stock Assessment Reports, 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.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the proposed and final IHAs
(87 FR 5980, February 2, 2022; 87 FR
15387, March 18, 2022) for the initial
authorization. The source levels and
marine mammal occurrence data
applicable to this authorization remain
unchanged from the previously issued
IHA. Here, we provide additional
discussion for northern elephant seal.
In consideration of the information
provided by ADOT, described above in
this section, NMFS expected that one
elephant seal may have been taken by
Level B harassment per week over the
remainder of the effective period of the
IHA (through March 4, 2023). At the
time of analysis, 37 weeks remained in
the effective period of the IHA, and
NMFS authorized 37 takes of the
California breeding stock of elephant
seals.
Similarly, the stocks taken, methods
of take, and types of take remain
unchanged from the previously issued
IHA and subsequent authorization of
take by Level B harassment of elephant
seal. The take calculation method also
remains the same, with the exception of
fewer days of activity than what was
described in the initial IHA. The
approximate total number of operational
days for this Renewal IHA is 33 percent
of what was analyzed in support of the
initial IHA. As such, take for most
stocks have been reduced to 33 percent
of the take authorized through the initial
IHA (including for elephant seal). In
cases when such a change would bring
authorized take levels below the
estimated group size for a given species
[described in Initial 2021 proposed IHA
(87 FR 5980, February 2, 2022; the
Initial 2022 final IHA (87 FR 15387,
March 18, 2022); take has been
increased to the estimated group size to
retain some allowance in the event that
this species should occur in the project
area.
TABLE 1—ESTIMATED TAKE PROPOSED FOR AUTHORIZATION AND PROPORTION OF POPULATION POTENTIALLY AFFECTED.
Proposed authorized take
Level A
harassment
Level B
harassment
Percent of
stock
Species
DPS/stock
Steller sea lion ..................................
Harbor seal .......................................
Harbor porpoise ................................
Dall’s porpoise ..................................
Pacific white-sided dolphin ...............
Killer whale ........................................
Eastern U.S. .....................................
Clarence Strait .................................
Southeast Alaska .............................
Alaska ...............................................
North Pacific .....................................
Alaska Resident ...............................
30
38
*5
* 12
0
0
716
335
9
68
* 92
24
746
373
14
80
92
24
1.7
1.3
1.1
0.6
3.4
1.0
West Coast Transient .......................
...........................................................
Northern Resident ............................
Central North Pacific ........................
Alaska ...............................................
California Breeding Stock ................
........................
........................
0
*1
0
........................
........................
75
*2
12
6.9
........................
75
3
12
7.9
0.7
N/A
0.01
Humpback whale ..............................
Minke whale ......................................
Northern Elephant Seal ....................
Total
* Take for most stocks have been reduced to 33 percent of the take authorized through the initial IHA. In cases when such a change would
bring authorized take levels below the estimated group size for a given species [described in Initial 2021 proposed IHA (87 FR 5980, February 2,
2022; the Initial 2022 final IHA (87 FR 15387, March 18, 2022)], take has been increased to the estimated group size group size to retain some
allowance in the event that this species should occur in the project area.
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this authorization are
identical to those included in the FR
Notification announcing the issuance of
the initial IHA (87 FR 15387, March 18,
2022), and subsequent updates to
shutdown zones for DTH installation of
temporary piles, are included in Table
2 and Table 3.
The same measures are proposed for
this renewal and are summarized here:
• ADOT must implement a minimum
shutdown zone of 10 m radius around
the pile/hole/vessel for use of in-water
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heavy machinery/vessel (e.g., barge,
dredge);
• ADOT must shut down if any
marine mammals come within hearing
group-specific shutdown zones (Table 2
and Table 3);
• ADOT must implement pile driving
soft-starts whereby hammer energy is
gradually ramped-up;
• ADOT must employ at least three
PSOs to monitor the harassment zones;
• ADOT must submit a draft report
detailing all monitoring within ninety
calendar days of the completion of
marine mammal monitoring or sixty
days prior to the issuance of any
subsequent IHA for this project,
whichever comes first;
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• ADOT must prepare and submit
final report within thirty days following
resolution of comments on the draft
report from NMFS;
• ADOT must submit all PSO
datasheets and/or raw sighting data (in
a separate file from the Final Report
referenced immediately above); and
• ADOT must report injured or dead
marine mammals.
The discussion of the least practicable
adverse impact included in those
documents and the Notice of the
proposed IHA (87 FR 5980, February 2,
2022) remains accurate.
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30
Vibratory Removal ........................................................................
DTH of Temporary Piles ..............................................................
DTH of Rock Sockets ...................................................................
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24
20
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600 min ....
100
60
90
130
780
1,300
1,700
2,000
2,300
2,600
2,900
3,100
3,400
3,600
360
570
750
910
1,100
1,200
1,400
1,500
1,600
1,700
1,200
50
LF
(humpback
whales)
100
60
90
130
1,500
1,500
1,200
LF
(minke
whales)
MF
20
20
130
20
30
30
40
40
50
50
60
60
60
30
50
60
70
90
50
120
70
100
160
500
500
1,450
HF
20
PW
Minimum shutdown zone
(m)
60
30
50
70
200
100
200
650
OW
20
20
100
20
30
30
40
50
50
60
60
70
70
40
50
70
80
90
100
50
60
30
30
600
900
450
1,250
1,950
200
600
900
650
Elephant Seal
2,154
1,000
1,000
13,594
13,594
5,412
6,310
Level
B harassment
isopleth
(-) Dashes indicate that shutdown zones have not been explicitly calculated. ADOT may implement a tiered approach to shutdown zones, depending on the daily duration of activities, following the method described
in the Mitigation Measures section of the initial Final IHA Notice.
8
DTH of Tension Anchor ...............................................................
24
60 min ......
60 min ......
60 min ......
24
20
24
180 min ....
60 min ......
30
Pile size
(m)
Vibratory Installation .....................................................................
Activity
Minutes
per pile or
strikes per
pile
TABLE 2—TIERED SHUTDOWN ZONES AND LEVEL B HARASSMENT ZONES, BASED ON ACTIVITY AND DURATION FOR VIBRATORY PILE DRIVING AND REMOVAL,
IMPACT PILE DRIVING, AND SINGLE-SOURCE DTH
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10FEN1
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
TABLE 3—SHUTDOWN ZONES, BY HEARING GROUP FOR SIMULTANEOUS USE OF TWO DTH HAMMERS
Level A
harassment
isopleth (m)
Duration
(minutes)
Activity combination
LF
8-in pile, 8-in pile ...........................................
60
120
180
240
60
120
180
240
60
120
180
240
60
120
180
240
60
120
180
240
60
120
180
240
8-in pile, 24-in pile .........................................
8-in pile, 30-in pile .........................................
24-in pile, 24-in pile .......................................
24-in pile, 30-in .............................................
30-in pile, 30-in pile .......................................
Comments and Responses
As noted previously, NMFS published
a notification of a proposed IHA (87 FR
5980, February 2, 2022) and solicited
public comments on both our proposal
to issue the initial IHA for ferry berth
construction and improvement and on
the potential for a renewal IHA, should
certain requirements be met. No public
comments were received.
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Preliminary Determinations
The proposed renewal request
consists of a subset of activities
analyzed through the initial
authorization and subsequent
authorizations described above. In
analyzing the effects of the activities for
the initial IHA, NMFS determined that
ADOT’s activities would have a
negligible impact on the affected species
or stocks and that authorized take
numbers of each species or stock were
small relative to the relevant stocks (e.g.,
less than one-third the abundance of all
stocks). Although new abundance
information became available for Alaska
Resident killer whale, none of this new
information affects NMFS’
determinations supporting issuance of
the initial IHA. The mitigation measures
and monitoring and reporting
requirements as described above are
identical to the initial IHA (as
modified).
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. Based on the
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MF
90
130
170
210
520
820
1,080
1,300
1,110
1,770
2,310
2,800
570
910
1,190
1,440
900
1,430
1,880
2,270
1,230
1,950
2,550
3,090
HF
20
20
30
40
50
40
70
90
100
20
32
42
60
40
60
70
90
50
70
100
110
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’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 OPR consults internally
whenever we propose to authorize take
for endangered or threatened species, in
this case with NMFS’ Alaska Regional
Office (AKRO).
The effects of the Federal action
authorized through the initial IHA were
adequately analyzed in NMFS ESA
section 7(a)(2) Biological Opinion for
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PW
100
160
200
250
500
OW
50
70
100
110
200
Elephant seal
20
20
40
50
60
50
70
90
110
30
40
50
60
40
60
80
90
50
80
100
120
50
70
100
150
300
450
600
700
600
950
1,250
1,500
350
500
650
800
500
800
1,050
1,250
700
1,050
1,400
1,650
Construction of the Tongass Narrows
Project (Gravina Access), revised
December 19, 2019. It concluded that
the take NMFS proposed to authorize
through the initial IHA would not
jeopardize the continued existence of
any endangered or threatened species or
destroy or adversely modify any
designated critical habitat. Because this
proposed renewal IHA would authorize
a subset of activities already analyzed
through the existing Biological Opinion,
reinitiating consultation is not
necessary.
Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a renewal IHA to ADOT for conducting
ferry berth construction and
improvements in Tongass Narrows,
Kethickan, AK, between March 5, 2023
and March 4, 2024, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed and final initial IHA can be
found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed renewal IHA, and any other
aspect of this notification. Please
include with your comments any
supporting data or literature citations to
help inform our final decision on the
request for MMPA authorization.
E:\FR\FM\10FEN1.SGM
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
Dated: February 6, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–02808 Filed 2–9–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
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Agency Information Collection
Activities; Submission for OMB Review
and Approval; Comment Request;
Middle Mile Grant Program
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on November 4,
2022. This notice allows for an
additional 30 days for public comments.
Agency: National
Telecommunications and Information
Administration (NTIA), Commerce.
Title: Middle Mile Grant Program.
OMB Control Number: 0660–XXXX.
Form Number(s): None.
Type of Request: New information
collection.
Number of Respondents: 75.
Average Hours per Response: 33.22.
Burden Hours: 7,474.50.
Needs and Uses: With this
information collection, NTIA will be
able to monitor the grant recipients’
spending habits and activities. In the
absence of collecting this information,
NTIA would fail to evaluate the grant
recipients’ progress toward the grant
program priority areas and program
goals. Moreover, without these reports,
the grants could be the subject of waste,
fraud, and abuse of Federal funds.
Therefore, it is necessary for the
Agencies to collect information using
the Bi-Annual Performance Report form.
Affected Public: Grant award
recipients consisting of States, political
subdivisions of a State, Tribal
governments, technology companies,
electric utilities, utility cooperatives,
public utility districts,
telecommunications companies,
telecommunications cooperatives,
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17:41 Feb 09, 2023
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nonprofit foundations, nonprofit
corporations, nonprofit institutions,
nonprofit associations, regional
planning councils, Native entities,
economic development authorities, or
any partnership of two (2) or more of
these entities.
Frequency: Bi-Annually and at the
end of the Period of Performance.
Respondent’s Obligation: Mandatory.
Legal Authority: Section 60401 of the
Infrastructure Investment and Jobs Act
of 2021, Public Law 117–58, 135 Stat.
429 (November 15, 2021).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering the title of the collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Department of
Commerce.
[FR Doc. 2023–02923 Filed 2–9–23; 8:45 am]
BILLING CODE 3510–60–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and 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) and service(s) from
the Procurement List previously
furnished by such agencies.
DATES: Date added to and deleted from
the Procurement List: March 12, 2023.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
SUMMARY:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
785–6404 or email CMTEFedReg@
AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
Additions
On 10/28/2022, 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 product(s) and
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
product(s) and service(s) to the
Government.
2. The action will result in
authorizing small entities to furnish the
product(s) and 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: Contractor Operated Parts Store
Mandatory for: Sierra Army Depot, Herlong,
CA
Designated Source of Supply: South Texas
Lighthouse for the Blind, Corpus Christi,
TX
Contracting Activity: DEPT OF THE ARMY,
W6QK SIAD CONTR OFF
The Committee finds good cause to
dispense with the 30-day delay in the
effective date normally required by the
Administrative Procedure Act. See 5
U.S.C. 553(d). This addition to the
Committee’s Procurement List is
effectuated because of the expiration of
E:\FR\FM\10FEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8814-8820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02808]
[[Page 8814]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC729]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass
Narrows in Ketchikan, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization (IHA).
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the Alaska Department of
Transportation and Public Facilities (ADOT) for the renewal of their
currently active incidental harassment authorization (IHA) to take
marine mammals incidental to ferry berth improvements in Tongass
Narrows in Ketchikan, Alaska. These activities consist of activities
that are covered by the current authorization, but will not be
completed prior to its expiration. Pursuant to the Marine Mammal
Protection Act (MMPA), prior to issuing the currently active IHA, NMFS
requested comments on both the proposed IHA and the potential for
renewing the initial authorization if certain requirements were
satisfied. The renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than February
27, 2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
[email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected
Resources (OPR), NMFS, (301) 427-8401. Electronic copies of the
original application, renewal request, and supporting documents
(including NMFS Federal Register notifications of the original proposed
and final authorizations, and the previous IHA), as well as a list of
the references cited in this document, may be obtained online at:
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, an incidental
harassment authorization is issued.
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 one 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
1-time 1-year renewal IHA following notification 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 Specified Activities section of the
initial IHA issuance notification is planned or (2) the activities as
described in the Description of the Specified Activities and
Anticipated Impacts section of the initial IHA issuance notification
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 section of the notification of issuance of the
initial IHA, 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 1 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
[[Page 8815]]
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 notification 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. Any
comments received on the potential renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA renewal, and a summary of agency responses to
applicable comments is included in this notification. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notification of our decision.
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
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On March, 5 2022, NMFS issued an IHA to ADOT to take marine mammals
incidental to the construction and/or improvements to four ferry berths
in Tongass Narrows in Ketchikan Alaska: Gravina Airport Ferry Layup
Facility, the Gravina Freight Facility, the Revilla New Ferry Berth and
Upland Improvements, and the New Gravina Island Shuttle Ferry Berth/
Related Terminal Improvements (87 FR 15387, March 18, 2022), effective
from March, 5, 2022 through March 4, 2023. NMFs previously issued two
consecutive IHAs, one of which was renewed and the other reissued,
prior to issuing the initial IHA (which includes some construction that
was originally planned under the consecutive IHA's as well as some new/
additional work) associated with this renewal request.
Following the issuance of the initial IHA, ADOT reported the
presence of northern elephant seals (Mirounga angustirostris) in the
area, which had not been anticipated. In June 2022, NMFS modified the
March 2022 initial IHA by adding authorized take by Level B harassment
of this species at ADOT's request.
In July 2022 ADOT also requested to install a subset of temporary
piles via down-the-hole (DTH) methods rather than the previously
assumed vibratory pile driving, in case the overburden onsite was not
deep enough. In September 2022 NMFS determined that ADOT's requested
modification did not alter the original scope of activity analyzed or
the impact analysis in a manner that materially affected the basis for
the original findings. NMFS additionally modified the IHA to require
additional shutdown zones but determined that authorization of
additional take was not required.
On January 5, 2023, NMFS received an application for the renewal of
the initial IHA. Following NMFS' review of the application, the ACOE
submitted a revised version on January 19, 2023 and again on January
25, 2023. As described in the application for renewal IHA, the
activities for which incidental take is requested consist of activities
that are covered by the initial authorization (and subsequent
modifications) discussed above but will not be completed prior to its
expiration. As required, the applicant provided a preliminary
monitoring report 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.
Description of the Specified Activities and Anticipated Impacts
ADOT is making improvements to existing ferry berths and
constructing new ferry berths on Gravina Island and Revillagigedo
(Revilla) Island in Tongass Narrows, near Ketchikan in southeast
Alaska. These ferry facilities provide the only public access between
the city of Ketchikan, AK on Revilla Island, and the Ketchikan
International Airport on Gravina Island. In-water work associated with
the Revilla New Ferry Berth and Upland Improvements, and Gravina
Airport Ferry Layup Facility have been completed. Only partial in-water
work has been completed at the Gravina Island Shuttle Ferry Berth/
Related Terminal Improvements, and no in-water work has been completed
towards the Freight Facility. The remaining marine construction
associated with the activities is planned to occur over 30 non-
consecutive days over 1 year beginning March 5, 2023. The project's
planned activities that have the potential to take marine mammals, by
Level A harassment and Level B harassment, include vibratory and impact
pile driving, DTH operations for pile installation (rock socketing of
piles and tension anchors to secure piles), and vibratory pile removal.
Under the initial IHA, Level B harassment is authorized for a small
number of nine species of marine mammals (including northern elephant
seal). Of those nine species, Level A harassment was authorized for
five species Steller sea lion (Eumetopias jubatus), harbor seal (Phoca
vitulina richardii), harbor porpoise (Phocoena phocoena), Dall's
porpoise (Phocoenoides dalli) and minke whale (Balaenoptera
acutorostrata). Neither ADOT nor NMFS expects serious injury or
mortality to result from this activity and, therefore, a renewal IHA is
appropriate.
The following documents are referenced in this notification and
include important supporting information:
Initial 2022 final IHA (87 FR 15387, March 18, 2022);
Initial 2022 proposed IHA (87 FR 5980, February 2, 2022);
and
Initial IHA application, Biological Opinion, References
(available at www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements-0).
Detailed Description of the Activity
A detailed description of the ferry berth construction and
improvements for which take is proposed here may be found in the
notifications of the proposed and final IHAs for the initial
authorization. NMFS also incorporates the installation of 20 24-inch
temporary piles via DTH methods (rather than vibratory pile driving) at
the Freight and Layup Facility (via the September 2022 modification of
the initial IHA) to that detailed description, increasing the overall
DTH drilling duration by
[[Page 8816]]
approximately 6 percent over the duration of the project, as compared
with the analysis in the Federal Register notices for the initial IHA.
The 20 temporary piles require relatively short durations of DTH
drilling in comparison to the production piles included in the initial
analysis, which are drilled much further into the bedrock.
While the in-water work associated with the Revilla New Ferry Berth
and Gravina Airport Ferry Layup Facility have been completed, the
Gravina Shuttle Island Ferry Berth and the Freight Facility have not.
At the time of the renewal request no in-water work had been completed
at the Freight Facility and a subset of in-water work had been
completed at the Gravina Island Shuttle Ferry Berth:
Installation and removal of twelve 20-inch temporary
piles;
Installation of 10 rock sockets; and
Installation of 12 24-inch permanent piles.
In-water work that is planned for completion under this renewal IHA
include remaining work at the Gravina Island Shuttle Ferry Berth:
Installation of twenty-three 24-inch piles;
Installation of twenty-eight tension anchors;
Installation of 11 rock sockets and all pile driving
activities for the Freight Facility:
Installation of six 20-inch steel piles;
Installation of three 24-inch piles;
Installation of four 30-inch steel piles;
Installation and removal of twelve 24-inch temporary
piles;
Installation of 13 tension anchors;
Installation of 5 rock sockets.
The location, timing (e.g. seasonality), and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notifications (as updated
through incorporation of the request to install temporary piles via
DTH, rather than vibratory driver).
The remaining marine construction associated with the activities is
planned to occur over 30 non-consecutive days over one year beginning
March 5, 2023. Though concurrent use of two hammers is unlikely/
expected to rarely occur during the remaining work under the renewal,
the possibility remains. The initial IHA accounted for concurrent use
of any combination of hammers for half the anticipated number of days
of construction. That assumption is carried over into this proposed
renewal IHA. The proposed renewal would be effective for a period not
exceeding one year from the date of expiration of the initial IHA
(March 5, 2023).
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notice of the proposed IHA (87 FR 5980, February 2, 2022), the final
IHA (87 FR 15387, March 18, 2023) for the initial authorization. We
supplement that description here with additional information for
northern elephant seals.
Northern elephant seals breed and give birth in California and Baja
California, primarily on offshore islands (Stewart et al., 1994).
Spatial segregation in foraging areas between males and females is
evident from satellite tag data (Le Beouf et al., 2000). Males migrate
to the Gulf of Alaska and western Aleutian Islands along the
continental shelf to feed on benthic prey, while females migrate to
pelagic areas in the Gulf of Alaska and the central North Pacific to
feed on pelagic prey (Le Beouf et al., 2000). Elephant seals spend a
majority of their time at sea (average of 74.7 days during post
breeding migration and an average of 218.5 days during the postmolting
migration; Robinson et al., 2012). Although northern elephant seals are
known to visit the Gulf of Alaska to feed on benthic prey, they rarely
occur on the beaches of Alaska. However, there are recent reports of
elephant seals occurring in and near the Tongass Narrows.
NMFS has reviewed the monitoring data from the initial IHA, recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature, and determined that
neither this nor any other new information affects which species or
stocks have the potential to be affected or the pertinent information
in the Description of the Marine Mammals in the Area of Specified
Activities contained in the supporting documents for the initial IHA.
This includes consideration of changes proposed in the Draft 2022
Marine Mammal Stock Assessment Report (SARs) (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region) published on January 24, 2023, which
include a slightly reduced Alaska Resident killer whale population
abundance estimate.
In addition, the draft 2022 SARs include proposed update to stock
structures for humpback whale and harbor porpoise. For humpback whales,
the new structure, if finalized, would modify the MMPA-designated
stocks to align more closely with ESA-designated distinct population
segments (DPSs). Please refer to the draft 2022 Alaska and Pacific
Ocean SARs for additional information.
NMFS OPR, Permits and Conservation Division has generally
considered peer-reviewed data in draft SARs (relative to data provided
in the most recent final SARs), when available, as the best available
science, and has done so in this proposed renewal IHA for all species
and stocks with the exception of the new proposal to revise certain
stock structures. Given that the proposed changes to the stock
structures involve the application of NMFS' Guidance for Assessing
Marine Mammal Stocks and could be revised following consideration of
public comments, it is more appropriate to conduct our analysis for
this proposed renewal IHA based on the status quo stock structures
identified in the most recent final SARs (2021, Muto et al., 2022).
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 the
authorization of take is proposed here may be found in the notices of
the proposed IHA (87 FR 5980, February 2, 2022) and final IHA
(87FR15387, March 18, 2023) for the initial authorization.
In the case of installing temporary piles via DTH drilling rather
than vibratory drilling, the nature of the impacts are the same, but
they required identification of larger Level A harassment zones and a
larger Level B harassment zone than originally anticipated. For
installation of these temporary piles using DTH drilling, given the
estimated source level of 167 dB RMS, the Level B harassment zone would
be 13,594 m for all hearing groups. Regarding Level A harassment, using
an estimated source level of 159 dB SEL at 10m, a strike rate of 15
strikes per second, an estimated DTH drilling duration of 180 minutes
per pile (maximum duration estimated by ADOT), two piles per day
(maximum daily pile number estimated by ADOT), and a transmission loss
coefficient of 15 m, the use of DTH drilling for these temporary piles
is estimated to produce the following hearing group-specific Level A
harassment zones:
Low-frequency cetaceans: 1,183 m;
Mid-frequency cetaceans: 42 m;
High-frequency cetaceans: 1,410 m;
Phocid pinnipeds: 633 m; and
Otariid pinnipeds: 46 m.
NMFS has reviewed the monitoring data from the initial IHA, recent
draft
[[Page 8817]]
Stock Assessment Reports, 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.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs (87 FR 5980, February 2, 2022; 87 FR 15387,
March 18, 2022) for the initial authorization. The source levels and
marine mammal occurrence data applicable to this authorization remain
unchanged from the previously issued IHA. Here, we provide additional
discussion for northern elephant seal.
In consideration of the information provided by ADOT, described
above in this section, NMFS expected that one elephant seal may have
been taken by Level B harassment per week over the remainder of the
effective period of the IHA (through March 4, 2023). At the time of
analysis, 37 weeks remained in the effective period of the IHA, and
NMFS authorized 37 takes of the California breeding stock of elephant
seals.
Similarly, the stocks taken, methods of take, and types of take
remain unchanged from the previously issued IHA and subsequent
authorization of take by Level B harassment of elephant seal. The take
calculation method also remains the same, with the exception of fewer
days of activity than what was described in the initial IHA. The
approximate total number of operational days for this Renewal IHA is 33
percent of what was analyzed in support of the initial IHA. As such,
take for most stocks have been reduced to 33 percent of the take
authorized through the initial IHA (including for elephant seal). In
cases when such a change would bring authorized take levels below the
estimated group size for a given species [described in Initial 2021
proposed IHA (87 FR 5980, February 2, 2022; the Initial 2022 final IHA
(87 FR 15387, March 18, 2022); take has been increased to the estimated
group size to retain some allowance in the event that this species
should occur in the project area.
Table 1--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected.
----------------------------------------------------------------------------------------------------------------
Proposed authorized take
-----------------------------------------------------------------------------------------------------------------
Level A Level B Percent of
Species DPS/stock harassment harassment Total stock
----------------------------------------------------------------------------------------------------------------
Steller sea lion.............. Eastern U.S..... 30 716 746 1.7
Harbor seal................... Clarence Strait. 38 335 373 1.3
Harbor porpoise............... Southeast Alaska * 5 9 14 1.1
Dall's porpoise............... Alaska.......... * 12 68 80 0.6
Pacific white-sided dolphin... North Pacific... 0 * 92 92 3.4
Killer whale.................. Alaska Resident. 0 24 24 1.0
West Coast Transient.......... ................ .............. .............. 6.9
Northern .............. .............. .............. 7.9
Resident.
Humpback whale................ Central North 0 75 75 0.7
Pacific.
Minke whale................... Alaska.......... * 1 * 2 3 N/A
Northern Elephant Seal........ California 0 12 12 0.01
Breeding Stock.
----------------------------------------------------------------------------------------------------------------
* Take for most stocks have been reduced to 33 percent of the take authorized through the initial IHA. In cases
when such a change would bring authorized take levels below the estimated group size for a given species
[described in Initial 2021 proposed IHA (87 FR 5980, February 2, 2022; the Initial 2022 final IHA (87 FR
15387, March 18, 2022)], take has been increased to the estimated group size group size to retain some
allowance in the event that this species should occur in the project area.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the FR Notification announcing the issuance of the initial
IHA (87 FR 15387, March 18, 2022), and subsequent updates to shutdown
zones for DTH installation of temporary piles, are included in Table 2
and Table 3.
The same measures are proposed for this renewal and are summarized
here:
ADOT must implement a minimum shutdown zone of 10 m radius
around the pile/hole/vessel for use of in-water heavy machinery/vessel
(e.g., barge, dredge);
ADOT must shut down if any marine mammals come within
hearing group-specific shutdown zones (Table 2 and Table 3);
ADOT must implement pile driving soft-starts whereby
hammer energy is gradually ramped-up;
ADOT must employ at least three PSOs to monitor the
harassment zones;
ADOT must submit a draft report detailing all monitoring
within ninety calendar days of the completion of marine mammal
monitoring or sixty days prior to the issuance of any subsequent IHA
for this project, whichever comes first;
ADOT must prepare and submit final report within thirty
days following resolution of comments on the draft report from NMFS;
ADOT must submit all PSO datasheets and/or raw sighting
data (in a separate file from the Final Report referenced immediately
above); and
ADOT must report injured or dead marine mammals.
The discussion of the least practicable adverse impact included in
those documents and the Notice of the proposed IHA (87 FR 5980,
February 2, 2022) remains accurate.
[[Page 8818]]
Table 2--Tiered Shutdown Zones and Level B Harassment Zones, Based on Activity and Duration for Vibratory Pile Driving and Removal, Impact Pile Driving, and Single-Source DTH
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m)
Pile size Minutes per pile or --------------------------------------------------------------------------------------------------- Level B
Activity (m) strikes per pile LF (humpback LF (minke harassment
whales) whales) MF HF PW OW Elephant Seal isopleth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation.................... 30 60 min................... 50 20 6,310
-----------------------------------------------------------------------------------
24 60 min................... 5,412
20 60 min...................
Vibratory Removal......................... 24 60 min...................
-----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Temporary Piles.................... 24 180 min.................. 1,200 1,200 50 1,450 650 50 650 13,594
-----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Rock Sockets....................... 30 60 min................... 780 1,500 30 500 200 40 450 13,594
120 min.................. 1,300 50 50 -
180 min.................. 1,700 60 70 -
240 min.................. 2,000 70 80 -
300 min.................. 2,300 90 90 1,250
360 min.................. 2,600 100 100 -
420 min.................. 2,900 -
480 min.................. 3,100 -
540 min.................. 3,400 -
600 min.................. 3,600 130 100 1,950
24 60 min................... 360 1,500 20 500 200 20 200
120 min.................. 570 30 30 -
180 min.................. 750 30 30 -
240 min.................. 910 40 40 -
300 min.................. 1,100 40 50 600
360 min.................. 1,200 50 50 -
420 min.................. 1,400 50 60 -
480 min.................. 1,500 60 60 -
540 min.................. 1,600 60 70 -
600 min.................. 1,700 60 70 900
-----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Tension Anchor..................... 8 120 min.................. 90 90 20 100 50 20 600
240 min.................. 130 130 160 70 900
-----------------------------------------------------------------------------------------------------------------------------------------------------
Impact Installation....................... 30 50 strikes............... 100 100 20 120 60 20 60 2,154
24 50 strikes............... 60 60 70 30 30 1,000
20 50 strikes............... 30 1,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(-) Dashes indicate that shutdown zones have not been explicitly calculated. ADOT may implement a tiered approach to shutdown zones, depending on the daily duration of activities, following
the method described in the Mitigation Measures section of the initial Final IHA Notice.
[[Page 8819]]
Table 3--Shutdown Zones, by Hearing Group for Simultaneous Use of Two DTH Hammers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment isopleth (m)
Activity combination Duration -----------------------------------------------------------------------------------------------
(minutes) LF MF HF PW OW Elephant seal
--------------------------------------------------------------------------------------------------------------------------------------------------------
8-in pile, 8-in pile.................... 60 90 20 100 50 20 50
120 130 160 70 70
180 170 200 100 100
240 210 250 110 150
8-in pile, 24-in pile................... 60 520 20 500 200 20 300
120 820 30 40 450
180 1,080 40 50 600
240 1,300 50 60 700
8-in pile, 30-in pile................... 60 1,110 40 50 600
120 1,770 70 70 950
180 2,310 90 90 1,250
240 2,800 100 110 1,500
24-in pile, 24-in pile.................. 60 570 20 30 350
120 910 32 40 500
180 1,190 42 50 650
240 1,440 60 60 800
24-in pile, 30-in....................... 60 900 40 40 500
120 1,430 60 60 800
180 1,880 70 80 1,050
240 2,270 90 90 1,250
30-in pile, 30-in pile.................. 60 1,230 50 50 700
120 1,950 70 80 1,050
180 2,550 100 100 1,400
240 3,090 110 120 1,650
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments and Responses
As noted previously, NMFS published a notification of a proposed
IHA (87 FR 5980, February 2, 2022) and solicited public comments on
both our proposal to issue the initial IHA for ferry berth construction
and improvement and on the potential for a renewal IHA, should certain
requirements be met. No public comments were received.
Preliminary Determinations
The proposed renewal request consists of a subset of activities
analyzed through the initial authorization and subsequent
authorizations described above. In analyzing the effects of the
activities for the initial IHA, NMFS determined that ADOT's activities
would have a negligible impact on the affected species or stocks and
that authorized take numbers of each species or stock were small
relative to the relevant stocks (e.g., less than one-third the
abundance of all stocks). Although new abundance information became
available for Alaska Resident killer whale, none of this new
information affects NMFS' determinations supporting issuance of the
initial IHA. The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA (as
modified).
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. 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'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 OPR consults internally whenever we propose to authorize take for
endangered or threatened species, in this case with NMFS' Alaska
Regional Office (AKRO).
The effects of the Federal action authorized through the initial
IHA were adequately analyzed in NMFS ESA section 7(a)(2) Biological
Opinion for Construction of the Tongass Narrows Project (Gravina
Access), revised December 19, 2019. It concluded that the take NMFS
proposed to authorize through the initial IHA would not jeopardize the
continued existence of any endangered or threatened species or destroy
or adversely modify any designated critical habitat. Because this
proposed renewal IHA would authorize a subset of activities already
analyzed through the existing Biological Opinion, reinitiating
consultation is not necessary.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to ADOT for conducting ferry berth construction and
improvements in Tongass Narrows, Kethickan, AK, between March 5, 2023
and March 4, 2024, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the
proposed renewal IHA, and any other aspect of this notification. Please
include with your comments any supporting data or literature citations
to help inform our final decision on the request for MMPA
authorization.
[[Page 8820]]
Dated: February 6, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-02808 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-22-P
