Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy Maintenance Project in King County, Washington, 70932-70934 [2023-22633]
Download as PDF
<![CDATA[
70932
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
National Oceanic and Atmospheric
Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Notice of Completion of
Panel Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
AGENCY:
Notice of completion of panel
review in the matter of Certain
Fabricated Structural Steel from Canada
Final Affirmative Antidumping Duty
Determination (Secretariat File Number:
USA–CDA–2020–1904–02).
ACTION:
The USA–CDA–2020–1904–
02 Panel has granted a consent motion
filed on behalf of the Full Member
Subgroup of the American Institute of
Steel Construction, LLC, requesting the
termination of panel review in the
Certain Fabricated Structural Steel from
Canada Final Affirmative Antidumping
Duty Determination (Fabricated
Structural Steel from Canada AD)
dispute. Given the Panel’s ruling on this
consent motion, and pursuant to Rule
71(2) of the NAFTA Rules of Procedure
for Article 1904 Binational Panel
Reviews (Rules), the Fabricated
Structural Steel from Canada AD
dispute has been terminated. As a
result, and in accordance with Rule
78(a), notice is hereby given that panel
review of the Fabricated Structural Steel
from Canada AD dispute has been
completed effective September 28, 2023.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the government of the United
States, the government of Canada, and
the government of Mexico. There are
established Rules, which were adopted
by the three governments and require
Notices of Completion of Panel Review
to be published in accordance with Rule
78. For the complete Rules, please see
https://www.nafta-sec-alena.org/Home/
Texts-of-the-Agreement/Rules-ofProcedure/Article-1904.
lotter on DSK11XQN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
Dated: October 6, 2023.
Vidya Desai,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2023–22544 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–GT–P
VerDate Sep<11>2014
16:55 Oct 12, 2023
Jkt 262001
Requests for auxiliary aids should be
directed to the Council office (see
ADDRESSES) five (5) days prior to the
meeting.
Note: The times and sequence specified in
this agenda are subject to change.
[RTID 0648–XD452]
South Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) Council
will hold a meeting of its Habitat and
Ecosystem Advisory Panel (Habitat AP)
in Charleston, SC.
DATES: The Habitat AP will meet on
Wednesday, November 1, 2023, from 1
p.m. until 4:30 p.m.; Thursday
November 2, 2023, from 8:30 a.m. to
4:30 p.m.; and Friday November 3,
2023, from 8:30 a.m. to 1 p.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Marriott, 170 Lockwood
Blvd., Charleston, SC 29403; phone:
(843) 723–3000.
The meeting is open to the public and
will also be available via webinar.
Registration is required. Webinar
registration, an online public comment
form, and briefing book materials will
be available two weeks prior to the
meeting at: https://safmc.net/advisorypanel-meetings/.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The
Habitat AP will receive updates and
discuss the following: NOAA Fisheries
Habitat Conservation Division’s
Essential Fish Habitat (EFH)
Consultation Annual Summary and EFH
5-Year Review; Southeast Conservation
Adaptability Strategy (SECAS) and the
Conservation Blueprint; Offshore Wind
Activities in South Atlantic Region; EFH
Policy Statement on Energy; U.S. Navy
Atlantic Fleet Training and Testing
Environmental Impact Statement;
SAFMC Habitat Blueprint; South
Atlantic Salt Marsh Initiative; and Space
Operations off East Florida.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 6, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22661 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–22–P
SUMMARY:
Special Accommodations
These meetings are physically
accessible to people with disabilities.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD372]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to BNSF Railway
Bridge Heavy Maintenance Project in
King County, Washington
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 BNSF Railway (BNSF) for the
reissuance of two consecutive,
previously issued incidental harassment
authorizations (IHA) with the only
change being effective dates. The initial
IHAs authorized take of seven species of
marine mammals, by Level A and Level
B harassment, incidental to
construction.
SUMMARY:
The authorizations are effective
from September 28, 2023 to July 15,
2024 for Year 1 and July 16, 2024 to July
15, 2025 for Year 2.
ADDRESSES: An electronic copy of the
final IHAs previously issued to the
BNSF, the initial application, and the
Federal Register notices proposing and
issuing the initial IHAs may be obtained
by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-bnsfrailway-railway-bridge-heavymaintenance-project-king. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices
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).
lotter on DSK11XQN23PROD with NOTICES1
Summary of Request
On April 15, 2022, NMFS published
final notice of our issuance of two
consecutive IHAs authorizing take of
marine mammals incidental to the
Bridge 6.3 Heavy Maintenance Project
in King County, Washington (87 FR
22506; April 15, 2022). The effective
dates of the IHAs were from July 16,
2022 to July 15, 2023 for Year 1 and
from July 16, 2023 to July 15, 2024 for
Year 2. On August 3, 2023, BNSF
informed NMFS that the project would
be delayed by one year and requested a
VerDate Sep<11>2014
16:55 Oct 12, 2023
Jkt 262001
reissuance of the initial IHAs. None of
the work identified in the initial IHAs
(e.g., pile driving and removal) has
occurred. Therefore, reissuance of the
two consecutive IHAs is appropriate.
The initial IHAs authorized take of
seven species of marine mammals, by
Level A and Level B harassment,
incidental to construction (87 FR 22506;
April 15, 2022). The Year 1
Authorization was effective from July
16, 2022 to July 15, 2023. The Year 2
Authorization was effective from July
16, 2023 to July 15, 2024. BNSF has
requested a subsequent reissuance of the
IHAs. The reissued Year 1 IHA will be
effective from the date September 28,
2023 to July 15, 2024 and the reissued
Year 2 IHA will be effective from July
16, 2024 to July 15, 2025. 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 IHAs. NMFS is, therefore,
reissuing a two identical IHAs to cover
the incidental take analyzed and
authorized in the initial IHAs.
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 IHAs.
The purpose of BNSF’s Railway
Bridge 6.3 Heavy Maintenance Project is
to extend the service life of the existing
structure by replacing several
components of the existing movable
span. The location, timing, and nature
of the activities, including the types of
equipment planned for use, are identical
to those described in the initial IHAs.
The mitigation and monitoring are also
as prescribed in the initial IHAs.
Species that are expected to be taken
by the planned activity include minke
whale (Balaenoptera acutorostrata),
common bottlenose dolphin (Tursiops
truncatus), long-beaked common
dolphin (Delphinus capensis), harbor
porpoise (Phocoena phocoena),
California sea lion (Zalophus
californianus), Steller sea lion
(Eumetopias jubatus) and harbor seal
(Phoca vitulina). 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 documents referenced
below. The data inputs and methods of
estimating take are identical to those
used in the initial IHAs. NMFS has
reviewed recent Stock Assessment
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
70933
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 IHAs.
We refer to the documents related to
the previously issued IHAs, which
include the Federal Register notice of
the issuance of the initial IHAs (87 FR
22506; April 15, 2022) for BNSF’s
construction work (87 FR 22506; April
15, 2022), BNSF’s application, the
Federal Register notice of the proposed
IHAs (87 FR4844; January 31, 2022), and
all associated references and
documents.
Determinations
BNSF will conduct activities as
analyzed in the initial IHAs. 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 two
consecutive, reissued IHAs include
identical required mitigation,
monitoring, and reporting measures as
the initial IHAs, 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) BNSF’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 reissuance of the IHAs qualifies
to be categorically excluded from
further NEPA review. This action is
consistent with categories of activities
E:\FR\FM\13OCN1.SGM
13OCN1
70934
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices
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 IHAs are the effective
dates, the CE on record for issuance of
the initial IHAs 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.
However, no incidental take of ESAlisted species is authorized or expected
to result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Authorization
NMFS has issued two consecutive
IHAs to BNSF for in-water construction
activities associated with the specified
activity from the date of issuance to July
15, 2024 for Year 1 and from July 16,
2024 to July 15, 2025 for year 2. All
previously described mitigation,
monitoring, and reporting requirements
from the initial IHAs are incorporated.
Dated: October 2, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–22633 Filed 10–12–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD457]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits,
permit amendments, and permit
modifications.
AGENCY:
Notice is hereby given that
permits, permit amendments, and
permit modifications have been issued
to the following entities under the
Marine Mammal Protection Act
(MMPA) and the Endangered Species
Act (ESA), as applicable.
SUMMARY:
The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
ADDRESSES:
Erin
Markin, Ph.D. (Permit Nos. 23200–02
and 27109), Carrie Hubard (Permit No.
21485), Jennifer Skidmore (Permit No.
27489), and Shasta McClenahan, Ph.D.
(Permit No. 21425–01); at (301) 427–
8401.
FOR FURTHER INFORMATION CONTACT:
Notices
were published in the Federal Register
on the dates listed below that requests
for a permit, permit amendment, or
permit modification 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 https://
www.federalregister.gov and search on
the permit number provided in Table 1
below.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS
Permit No.
RTID
Applicant
Previous Federal Register notice
21425–01 ...........
0648–XG297 .....
83 FR 64114, December 13, 2018 ...
September 22,
2023.
21485–01 ...........
0648–XG288 .....
84 FR 4441, February 15, 2019 ........
September 18,
2023.
23200–02 ...........
0648–XC219 .....
88 FR 52130, August 7, 2023 ...........
September 21,
2023.
27109 .................
0648–XD122 .....
88 FR 42915, July 5, 2023 ................
September 6,
2023.
27489 .................
0648–XD261 .....
Point Blue Conservation Science, 3820 Cypress Drive, No. 11, Petaluma, CA 94954
(Responsible Party: Grant Ballard, Ph.D.).
Jooke Robbins, Ph.D., Center for Coastal
Studies, 5 Holway Avenue, Provincetown,
MA 02657.
University of North Carolina, Wilmington,
601 South College Road, Wilmington, NC
28403 (Responsible Party: Frederick
Scharf, Ph.D.).
Christopher Marshall, Ph.D., Texas A&M
University, 200 Seawolf Parkway, Building
3029, Room 253, Galveston, TX 77553.
Los Angeles County Museum of Natural
History, 900 Exposition Boulevard, Los
Angeles, CA 90007 (Responsible Party:
Lori Bettison-Varga, Ph.D.).
84 FR 56606, August 18, 2023 .........
September 21,
2023.
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 permit was based on
a finding that such permits: (1) were
VerDate Sep<11>2014
16:55 Oct 12, 2023
Jkt 262001
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
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Issuance date
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.
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 70932-70934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22633]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD372]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy
Maintenance Project in King County, Washington
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 BNSF Railway (BNSF) for the
reissuance of two consecutive, previously issued incidental harassment
authorizations (IHA) with the only change being effective dates. The
initial IHAs authorized take of seven species of marine mammals, by
Level A and Level B harassment, incidental to construction.
DATES: The authorizations are effective from September 28, 2023 to July
15, 2024 for Year 1 and July 16, 2024 to July 15, 2025 for Year 2.
ADDRESSES: An electronic copy of the final IHAs previously issued to
the BNSF, the initial application, and the Federal Register notices
proposing and issuing the initial IHAs may be obtained by visiting
https://www.fisheries.noaa.gov/action/incidental-take-authorization-bnsf-railway-railway-bridge-heavy-maintenance-project-king. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
[[Page 70933]]
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 April 15, 2022, NMFS published final notice of our issuance of
two consecutive IHAs authorizing take of marine mammals incidental to
the Bridge 6.3 Heavy Maintenance Project in King County, Washington (87
FR 22506; April 15, 2022). The effective dates of the IHAs were from
July 16, 2022 to July 15, 2023 for Year 1 and from July 16, 2023 to
July 15, 2024 for Year 2. On August 3, 2023, BNSF informed NMFS that
the project would be delayed by one year and requested a reissuance of
the initial IHAs. None of the work identified in the initial IHAs
(e.g., pile driving and removal) has occurred. Therefore, reissuance of
the two consecutive IHAs is appropriate. The initial IHAs authorized
take of seven species of marine mammals, by Level A and Level B
harassment, incidental to construction (87 FR 22506; April 15, 2022).
The Year 1 Authorization was effective from July 16, 2022 to July 15,
2023. The Year 2 Authorization was effective from July 16, 2023 to July
15, 2024. BNSF has requested a subsequent reissuance of the IHAs. The
reissued Year 1 IHA will be effective from the date September 28, 2023
to July 15, 2024 and the reissued Year 2 IHA will be effective from
July 16, 2024 to July 15, 2025. 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 IHAs. NMFS is, therefore, reissuing
a two identical IHAs to cover the incidental take analyzed and
authorized in the initial IHAs.
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 IHAs.
The purpose of BNSF's Railway Bridge 6.3 Heavy Maintenance Project
is to extend the service life of the existing structure by replacing
several components of the existing movable span. The location, timing,
and nature of the activities, including the types of equipment planned
for use, are identical to those described in the initial IHAs. The
mitigation and monitoring are also as prescribed in the initial IHAs.
Species that are expected to be taken by the planned activity
include minke whale (Balaenoptera acutorostrata), common bottlenose
dolphin (Tursiops truncatus), long-beaked common dolphin (Delphinus
capensis), harbor porpoise (Phocoena phocoena), California sea lion
(Zalophus californianus), Steller sea lion (Eumetopias jubatus) and
harbor seal (Phoca vitulina). 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 documents referenced below. The
data inputs and methods of estimating take are identical to those used
in the initial IHAs. 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 IHAs.
We refer to the documents related to the previously issued IHAs,
which include the Federal Register notice of the issuance of the
initial IHAs (87 FR 22506; April 15, 2022) for BNSF's construction work
(87 FR 22506; April 15, 2022), BNSF's application, the Federal Register
notice of the proposed IHAs (87 FR4844; January 31, 2022), and all
associated references and documents.
Determinations
BNSF will conduct activities as analyzed in the initial IHAs. 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 two consecutive, reissued IHAs
include identical required mitigation, monitoring, and reporting
measures as the initial IHAs, 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) BNSF'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 reissuance of the IHAs
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities
[[Page 70934]]
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 IHAs are the effective dates, the CE on record
for issuance of the initial IHAs 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.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued two consecutive IHAs to BNSF for in-water
construction activities associated with the specified activity from the
date of issuance to July 15, 2024 for Year 1 and from July 16, 2024 to
July 15, 2025 for year 2. All previously described mitigation,
monitoring, and reporting requirements from the initial IHAs are
incorporated.
Dated: October 2, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-22633 Filed 10-12-23; 8:45 am]
BILLING CODE 3510-22-P
