Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2: Cargo Docks Replacement Project in Anchorage, Alaska, 15548-15549 [2024-04487]
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[FR Doc. 2024–04422 Filed 3–1–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID: 0648–XD697]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Port of Alaska
Modernization Program Phase 2:
Cargo Docks Replacement Project in
Anchorage, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from the Port of Alaska (POA) for
authorization to take small numbers of
marine mammals incidental to
construction activities related to the
Port of Alaska Modernization Program
(PAMP) Phase 2B: Cargo Docks
Replacement Project, including impact
and vibratory pile driving at the POA in
Anchorage, Alaska, over the course of 5
years from the date of issuance.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of the POA’s request for the
development and implementation of
regulations governing the incidental
taking of marine mammals. NMFS
invites the public to provide
information, suggestions, and comments
on the POA’s application and request.
DATES: Comments and information must
be received no later than April 3, 2024.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.Hotchkin@noaa.gov.
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 received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic 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/node/
SUMMARY:
PO 00000
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23111 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: Cara
Hotchkin, Office of Protected Resources,
NMFS, (301) 427–8401. An electronic
copy of the POA’s application may be
obtained online at: https://www.
fisheries.noaa.gov/national/marinemammal-protection/incidental-takeauthorizations-construction-activities.
In case of problems accessing these
documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
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, a notice of a
proposed authorization is provided to
the public for review.
An incidental take authorization 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,
E:\FR\FM\04MRN1.SGM
04MRN1
Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
khammond on DSKJM1Z7X2PROD with NOTICES
Summary of Request
On January 3, 2023, NMFS received
an application from the POA requesting
authorization for take of marine
mammals incidental to construction
activities related to the PAMP Phase 2B:
Cargo Terminals Reconstruction at the
POA in Anchorage, Alaska. NMFS
provided comments on the application
on March 3, 2023, April 20, 2023, and
May 18, 2023. After the applicant
submitted a revised application on
October 13, 2023, and responded to
additional questions sent on December
20, 2023, we determined the application
was adequate and complete on February
12, 2024. The requested regulations
would be valid for 5 years, from April
1, 2026 through March 31, 2031. The
POA plans to conduct necessary work,
including impact and vibratory pile
driving, to demolish the existing cargo
terminals 1 and 2 and partially
demolish terminal 3, and to construct
new terminals 1 and 2. The proposed
action may incidentally expose marine
mammals occurring in the vicinity to
elevated levels of underwater sound,
thereby resulting in incidental take, by
Level A and Level B harassment.
Therefore, the POA requests
authorization to incidentally take
marine mammals.
Specified Activities
The POA was constructed primarily
in the 1960s, and is currently in poor
condition and substantially past its
initial design life. The existing cargo
terminals T1, T2, and T3 are
deteriorating and in poor structural
condition, and present safety and
security concerns for human health and
the economic stability of the state of
Alaska. The PAMP is designed to
replace the existing facilities with new
infrastructure incorporating modern
seismic codes over a 75-year design life.
PAMP Phase 2B includes the demolition
and replacement of terminals T1 and
T2, and the partial demolition of T3.
This phase is expected to take
approximately 6 years to complete; this
request is for the first 5 years of
construction. Activities proposed for
year 6 will be covered in an additional
IHA request submitted prior to the end
of the 5-year period of effectiveness for
the requested incidental take
regulations. Pile installation will
include both temporary (36-inch (in))
and permanent (72-in) steel pipe piles
by impact and vibratory hammers.
Removal of temporary piles and existing
structures (16-in to 42-in steel pipe
VerDate Sep<11>2014
17:45 Mar 01, 2024
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piles) will be primarily by cutting; deadpull and vibratory extraction methods
may also be used. Existing piles may
also be left standing in their current
positions. Approximately 261
permanent piles and 470 temporary
piles will be installed and
approximately 48 temporary piles will
be extracted with a vibratory hammer
over the 5-year period. The work is
expected to require approximately 337
days between the months of April and
November over the 5 year period. The
POA requests take of marine mammals
by Level B harassment for seven species
(including Cook Inlet beluga whales
(Delphinapterus leucas)), and take by
Level A harassment of five species.
15549
the IHA’s 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 March 19,
2024.
ADDRESSES: Comments should be
Information Solicited
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Interested persons may submit
information, suggestions, and comments Office of Protected Resources, National
Marine Fisheries Service, and should be
concerning the POA’s request (see
submitted via email to ITP.cockrell@
ADDRESSES). NMFS will consider all
information, suggestions, and comments noaa.gov.
Instructions: NMFS is not responsible
related to the request during the
for comments sent by any other method,
development of proposed regulations
to any other address or individual, or
governing the incidental taking of
received after the end of the comment
marine mammals by the POA, if
period. Comments, including all
appropriate.
attachments, must not exceed a 25Dated: February 28, 2024.
megabyte file size. Attachments to
Kimberly Damon-Randall,
comments will be accepted in Microsoft
Director, Office of Protected Resources,
Word, Excel or Adobe PDF file formats
National Marine Fisheries Service.
only. All comments received are a part
[FR Doc. 2024–04487 Filed 3–1–24; 8:45 am]
of the public record and will generally
BILLING CODE 3510–22–P
be posted online at https://www.
fisheries.noaa.gov/permit/incidentaltake-authorizations-under-marineDEPARTMENT OF COMMERCE
mammal-protection-act without change.
All personal identifying information
National Oceanic and Atmospheric
(e.g., name, address) voluntarily
Administration
submitted by the commenter may be
[RTID 0648–XD736]
publicly accessible. Do not submit
confidential business information or
Takes of Marine Mammals Incidental to otherwise sensitive or protected
Specified Activities; Taking Marine
information.
Mammals Incidental to Phase II of the
Electronic copies of the original
Richmond-San Rafael Bridge
application, renewal request, and
Restoration Project in Richmond,
supporting documents (including NMFS
California
Federal Register notices of the original
proposed and final authorizations, and
AGENCY: National Marine Fisheries
the previous IHA), as well as a list of the
Service (NMFS), National Oceanic and
references cited in this document, may
Atmospheric Administration (NOAA),
be obtained online at: https://www.
Commerce.
fisheries.noaa.gov/action/incidentalACTION: Notice; request for comments on
proposed renewal incidental harassment take-authorization-californiadepartment-transportations-richmondauthorization.
san-rafael. In case of problems accessing
SUMMARY: NMFS received a request from these documents, please contact the
analyst listed below.
the California Department of
Transportation (Caltrans) for the
FOR FURTHER INFORMATION CONTACT:
renewal of their currently active
Craig Cockrell, Office of Protected
incidental harassment authorization
Resources, NMFS, (301) 427–8401.
(IHA) to take marine mammals
SUPPLEMENTARY INFORMATION:
incidental to Phase II of the RichmondSan Rafael Bridge Restoration Project in Background
Richmond, California. Caltrans’
The MMPA prohibits the ‘‘take’’ of
activities will not be completed prior to marine mammals, with certain
PO 00000
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04MRN1
]]>Agencies
[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Pages 15548-15549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04487]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID: 0648-XD697]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Port of Alaska Modernization Program Phase 2: Cargo
Docks Replacement Project in Anchorage, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Port of Alaska (POA) for
authorization to take small numbers of marine mammals incidental to
construction activities related to the Port of Alaska Modernization
Program (PAMP) Phase 2B: Cargo Docks Replacement Project, including
impact and vibratory pile driving at the POA in Anchorage, Alaska, over
the course of 5 years from the date of issuance. Pursuant to
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
is announcing receipt of the POA's request for the development and
implementation of regulations governing the incidental taking of marine
mammals. NMFS invites the public to provide information, suggestions,
and comments on the POA's application and request.
DATES: Comments and information must be received no later than April 3,
2024.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent 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 received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic 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/node/23111 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: Cara Hotchkin, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the POA's
application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
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, a notice of a proposed
authorization is provided to the public for review.
An incidental take authorization 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,
[[Page 15549]]
migration, breathing, nursing, breeding, feeding, or sheltering (Level
B harassment).
Summary of Request
On January 3, 2023, NMFS received an application from the POA
requesting authorization for take of marine mammals incidental to
construction activities related to the PAMP Phase 2B: Cargo Terminals
Reconstruction at the POA in Anchorage, Alaska. NMFS provided comments
on the application on March 3, 2023, April 20, 2023, and May 18, 2023.
After the applicant submitted a revised application on October 13,
2023, and responded to additional questions sent on December 20, 2023,
we determined the application was adequate and complete on February 12,
2024. The requested regulations would be valid for 5 years, from April
1, 2026 through March 31, 2031. The POA plans to conduct necessary
work, including impact and vibratory pile driving, to demolish the
existing cargo terminals 1 and 2 and partially demolish terminal 3, and
to construct new terminals 1 and 2. The proposed action may
incidentally expose marine mammals occurring in the vicinity to
elevated levels of underwater sound, thereby resulting in incidental
take, by Level A and Level B harassment. Therefore, the POA requests
authorization to incidentally take marine mammals.
Specified Activities
The POA was constructed primarily in the 1960s, and is currently in
poor condition and substantially past its initial design life. The
existing cargo terminals T1, T2, and T3 are deteriorating and in poor
structural condition, and present safety and security concerns for
human health and the economic stability of the state of Alaska. The
PAMP is designed to replace the existing facilities with new
infrastructure incorporating modern seismic codes over a 75-year design
life. PAMP Phase 2B includes the demolition and replacement of
terminals T1 and T2, and the partial demolition of T3. This phase is
expected to take approximately 6 years to complete; this request is for
the first 5 years of construction. Activities proposed for year 6 will
be covered in an additional IHA request submitted prior to the end of
the 5-year period of effectiveness for the requested incidental take
regulations. Pile installation will include both temporary (36-inch
(in)) and permanent (72-in) steel pipe piles by impact and vibratory
hammers. Removal of temporary piles and existing structures (16-in to
42-in steel pipe piles) will be primarily by cutting; dead-pull and
vibratory extraction methods may also be used. Existing piles may also
be left standing in their current positions. Approximately 261
permanent piles and 470 temporary piles will be installed and
approximately 48 temporary piles will be extracted with a vibratory
hammer over the 5-year period. The work is expected to require
approximately 337 days between the months of April and November over
the 5 year period. The POA requests take of marine mammals by Level B
harassment for seven species (including Cook Inlet beluga whales
(Delphinapterus leucas)), and take by Level A harassment of five
species.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the POA's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the POA, if appropriate.
Dated: February 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-04487 Filed 3-1-24; 8:45 am]
BILLING CODE 3510-22-P
