Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Skagway Ore Terminal Redevelopment Project in Skagway, Alaska, 22684-22688 [2024-06963]
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Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Notices
identifying number on fishing gear is
used by the National Marine Fisheries
Service (NMFS), the United States Coast
Guard (USCG), and other marine
agencies in issuing regulations,
prosecutions, and other enforcement
actions necessary to support sustainable
fisheries behaviors as intended in
regulations. Regulation-compliant
fishermen ultimately benefit from these
requirements, as unauthorized and
illegal fishing is deterred and more
burdensome regulations are avoided.
II. Method of Collection
The physical marking of fishing buoys
is done by fishermen in the Pacific
Coast Groundfish Fishery according to
regulation.
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III. Data
OMB Control Number: 0648–0352.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
1,125.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 574 hours.
Estimated Total Annual Cost to
Public: $11,351.60 for materials.
Respondent’s Obligation: Mandatory.
Legal Authority: NMFS and the
Pacific Fisheries Management Council
(Council) manage the groundfish
fisheries in the exclusive economic zone
seaward of California, Oregon, and
Washington under the Pacific Coast
Groundfish Fishery Management Plan
(FMP). The Council prepared the FMP
under the authority of the MSA, 16
U.S.C. 1801 et seq. Regulations
governing United States fisheries and
implementing the FMP appear at 50
CFR parts 660.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
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Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
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Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–06903 Filed 4–1–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD838]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Skagway
Ore Terminal Redevelopment Project
in Skagway, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed modification
of an incidental harassment
authorization; request for comments.
AGENCY:
On February 5, 2024, NMFS
received a request from the
Municipality of Skagway (MOS) to
modify an incidental harassment
authorization (IHA) that was issued to
MOS on August 29, 2023 to take small
numbers of eight species of marine
mammals, by Level A and Level B
harassment, incidental to the Skagway
Ore Terminal redevelopment project.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
modify the IHA. This modification
includes changes to the amount of
authorized take by Level B harassment
for Steller sea lions and the addition of
take by Level A and Level B harassment
for the northern fur seal (Callorhinus
ursinus). There are no changes to the
activity, mitigation and monitoring,
NMFS’ findings, the effective dates of
the issued IHA, or any other aspect of
the IHA. NMFS will consider public
SUMMARY:
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comments prior to making any final
decision on the requested modification
of the authorization and agency
responses will be summarized in the
final notice of our decision.
DATES: Comments and information must
be received no later than April 17, 2024.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Written
comments should be submitted via
email to ITP.harlacher@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, including all
attachments, must not exceed a 25megabyte 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-undermarine-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:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
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, a notice of a proposed
incidental take authorization may be
provided to the public for review.
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
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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 in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
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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) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs 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 has
preliminarily determined that the
issuance of the proposed modification
of the IHA continues to qualify to be
categorically excluded from further
NEPA review. We will review all
comments submitted in response to this
notice of modification prior to
concluding our NEPA process or making
a final decision on the request.
History of Request
On August 9, 2022, MOS submitted a
request to NMFS requesting an IHA for
the take of small numbers of seven
species of marine mammals incidental
to the Ore Terminal redevelopment
project in Skagway, Alaska. On April
18, 2023, NMFS published a Federal
Register notice (88 FR 23627) for the
proposed IHA. On August 29, 2023,
NMFS issued an IHA to MOS, and on
September 5, 2023, NMFS published a
Federal Register notice (88 FR 60652)
announcing the issuance of the IHA,
which is valid from October 1, 2023
through September 30, 2024.
On February 5, 2024, NMFS received
a request from MOS to modify the 2023
IHA. MOS subsequently submitted
multiple revised IHA modification
requests and submitted a final version
on March 15, 2024, which NMFS
determined to be adequate and
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complete. In the original IHA issued to
MOS, NMFS authorized 2 takes by Level
A harassment and 196 takes by Level B
harassment for Steller sea lion, and no
take by Level A or Level B harassment
for northern fur seals.
MOS intended for all work to be
conducted from October through March;
thus, the species densities, and therefore
take requests, proposed in the original
request were focused on fall and winter
months. However, due to construction
delays, construction will not be
completed by March 31, 2024, making
the original densities inaccurate for the
entirety of the construction window,
which is now proposed to extend into
the spring and summer months as well.
Additionally, in the initial review of
species likely to be found in the action
area, northern fur seal was determined
unlikely to be found here. This species
has not been previously documented in
Skagway and was not expected to
appear in the project area; therefore, no
take was originally requested. However,
a northern fur seal yearling was
observed by a Protected Species
Observer (PSO) near the project site on
multiple occasions in January 2024,
causing project shutdowns and delays.
Therefore, the MOS is requesting a
modification to the issued authorization
to add 2 takes by Level A harassment
and 45 takes by Level B harassment for
northern fur seal, and to adjust take
requests based on average species
densities throughout the year due to
work occurring in all seasons and,
consequently, increasing authorized
take by Level B harassment to 270 for
Steller sea lion.
Description of the Proposed Activity
and Anticipated Impacts
The modified IHA would include the
same construction activities (impact pile
driving and vibratory pile driving and
removal) in the same locations that were
described in the proposed notice of the
2023 IHA (88 FR 23627, April 18, 2023).
The monitoring and reporting measures
remain the same as prescribed in the
initial IHA. Please see the additional
relevant documents related to the
issuance of the initial IHA, including
MOS’ application and the notice of
issuance of the IHA (88 FR 60652,
September 5, 2023) (available at https://
www.fisheries.noaa.gov/action/
incidental-take-authorizationmunicipality-skagways-skagway-oreterminal-redevelopment) for more
detailed description of the project
activities.
Detailed Description of the Action
A detailed description of the
construction activities can be found in
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the aforementioned documents
associated with the issuance of the
initial IHA. The location and general
nature of the activities are identical to
those described in the previous
documents. However, as stated in the
History of Request section, MOS will
not complete construction during their
planned work window. MOS plans to
continue construction past their original
construction timeline and work into
spring and summer. As of February 7,
2023, MOS conservatively estimates that
there are 128 days of construction left.
Detailed pile removal and installation
quantities left can be found in table 1
and table 2.
TABLE 1—REMAINING PILE REMOVAL
QUANTITIES
Pile type and size
(inches (in))
Quantity
remaining
Timber Piles ..........................
Steel (14-in) ..........................
Steel (16-in) ..........................
Steel (24-in) ..........................
Steel (28-in) ..........................
Temporary piles (24-in or
smaller) .............................
267
12
51
12
26
18
TABLE 2—REMAINING INSTALLATION
QUANTITIES
Pile type and size
(in)
Quantity
remaining
Steel (24-in) ..........................
Steel (36-in) ..........................
Steel (48-in) ..........................
Temporary piles (24-in or
smaller) .............................
162
21
6
18
Description of Marine Mammals
A description of the marine mammals
in the area of the activities can be found
in these previous documents, which
remains applicable to this modified IHA
as well. In addition, NMFS has
reviewed the draft 2023 Stock
Assessment Reports (Young et al., 2023;
available at: https://www.fisheries.
noaa.gov/national/marine-mammalprotection/marine-mammal-stockassessment-reports), information on
relevant Unusual Mortality Events, and
recent scientific literature, and
incorporated that into table 3 below.
Table 3 lists all species or stocks for
which take is expected and authorized
to be authorized for this activity, and
summarizes information related to the
population or stock, including
regulatory status under the MMPA and
Endangered Species Act (ESA) and
potential biological removal (PBR),
where known. PBR is defined by the
MMPA as the maximum number of
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animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (as
described in NMFS’ SARs). While no
serious injury or mortality is anticipated
or authorized here, PBR and annual
serious injury and mortality from
anthropogenic sources are included here
some species, this geographic area may
extend beyond U.S. waters. All managed
stocks in this region are assessed in
NMFS’ Alaska Marine Mammal SARs.
All values presented in table 3 are the
most recent available at the time of
publication (including from the draft
2023 SARs) and are available online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessments.
as gross indicators of the status of the
species or stocks and other threats.
Marine mammal abundance estimates
presented in this document represent
the total number of individuals that
make up a given stock or the total
number estimated within a particular
study or survey area. NMFS’ stock
abundance estimates for most species
represent the total estimate of
individuals within the geographic area,
if known, that comprises that stock. For
TABLE 3—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES
Common name
Scientific name
Stock
I
ESA/
MMPA
status;
strategic
(Y/N) 1
I
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
Annual
M/SI 3
PBR
I
I
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae
(rorquals):
Humpback whale ..............
Megaptera novaeanglinae ......
Minke whale .....................
Balaenoptera acutorostra .......
Hawai1i ....................................
Mexico-North Pacific ..............
Alaska .....................................
-,-,N
T,D,Y
-,-,N
I
11,278 (0.56, 7,265, 2020) ....
918 (0.217, UNK, 2006) .........
UNK ........................................
I
I
127
UNK
NA
I
27.09
0.57
0
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae:
Killer whale .......................
Orca orcinus ...........................
Family Phocoenidae (porpoises):
Harbor Porpoise ...............
Phocoena phocoena ..............
Dall’s porpoise 4 ...............
Phocoenoides dalli .................
Eastern North Pacific, Norther
Residents, Southeast Alaska.
Eastern North Pacific Alaska
Residents.
West Coast Transients ...........
Gulf, Aleutian, Bering Transients.
Northern Southeast Alaska Inland Waters.
Alaska .....................................
-,-,N
302 (N/A, 302, 2018) .............
2.2
0.2
-,-,N
1,920 (N/A, 1,920, 2019) .......
19
1.3
-,-,N
-,-,N
349 (N/A, 349, 2018) .............
587 (N/A, 587, 2020) .............
3.5
5.9
0.4
0.8
-,-,N
1,619 (0.26, 1,250, 2019) ......
13
5.6
-,-,N
UND (UND, UND, 2015) ........
UND
37
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals
and sea lions):
Steller sea lion .................
Eumetopias jubatus ................
Northern fur seal ..............
Callorhinus ursinus .................
Family Phocidae (earless
seals):
Harbor seal .......................
Phoca vituline richardii ...........
Western Stock ........................
Eastern Stock .........................
Pribilof Island/Eastern Pacific
Stock.
E,D,Y
-,-,N
-,D,Y
49,837 (N/A, 49,837, 2022) ...
36,308 (N/A, 36,308, 2022) ...
626,618 (0.2, 530,376, 2019)
299
2,178
11,403
267
93.2
373
Alaska-Lynn Canal/Stephens
Passage.
-,-,N
13,388 (N/A, 11,867, 2016) ...
214
50
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1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
4 Previous abundance estimates covering the entire stock’s range are no longer considered reliable and the current estimates presented in the SARs and reported
here only cover a portion of the stock’s range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of the stock’s range. PBR
is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for the entire stock’s range.
We have preliminarily determined
that no new information affects our
original analysis of impacts under the
initial IHA. However, as stated above,
MOS is requesting to add take by Level
A and Level B harassment of northern
fur seal. This species was not previously
documented in Skagway and was not
expected to appear in the project area;
therefore, no take was originally
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requested or authorized in the initial
IHA. However, a northern fur seal
yearling has been observed near the
project site on multiple occasions in
January 2024.
Northern Fur Seal
Northern fur seals primarily inhabit
open ocean and rocky or sandy beaches
on islands for resting, reproduction, and
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molting (NOAA 2022a). Non-breeding
northern fur seals may occasionally haul
out on land at other sites in Alaska,
British Columbia, and on islets along
the west coast of the United States
(Fiscus, 1983). During the reproductive
season, adult males usually are on shore
during the 4-month period from May to
August, although some may be present
until November. Adult females are on
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shore during a 6-month period, June to
November. Following their respective
times ashore, Alaska northern fur seals
of both sexes then move south and
remain at sea until the next breeding
season (Roppel 1984). In Alaska, pups
are born during summer months and
leave the rookeries in the fall, on
average around mid-November but
ranging from late October to early
December. Alaska northern fur seal
pups generally remain at sea for 22
months (Kenyon and Wilke 1953). There
is no relevant site-specific information
on northern fur seals in the project area
other than the two sightings of one
individual in January 2024 by PSOs.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activities on marine
mammals and their habitat may be
found in the documents supporting the
final IHA, which remains applicable to
the modification of the IHA. NMFS is
not aware of new information regarding
potential effects.
Estimated Take
A detailed description of the methods
and inputs used to estimate authorized
take for the specified activity are found
in the previous notice (88 FR 60652,
September 5, 2023). The types and sizes
of piles, ensonified areas and source
levels, methods of pile driving, and
methods for calculating take remain
unchanged from the IHA.
The proposed modification addresses
the updated species densities to
accommodate work in spring and
summer, which would result in
increased take by Level B harassment of
Steller sea lions. The proposed
modification includes work in spring
and summer seasons, which were not
previously included in the IHA.
Therefore, in this modification MOS
uses the same density methodology for
take calculations but using an annual
average density for each species (see
revised species densities in table 4).
Additionally, this proposed
modification adds take by both Level A
and Level B harassment for northern fur
seal, which were not previously
expected to be in the project area. The
annual average density estimate for
northern fur seal is provided below
utilizing the same methodology as all
other species in the original IHA.
TABLE 4—DENSITY OF MARINE MAMMAL SPECIES IN THE PROJECT AREA
Seasonal density
(animals per square kilometer (km2))
Species
Spring
Humpback whale .................................................................
Minke whale .........................................................................
Killer whale ...........................................................................
Harbor porpoise ...................................................................
Dall’s porpoise .....................................................................
Harbor seal ..........................................................................
Steller sea lion .....................................................................
Northern fur seal ..................................................................
1 Listed
density
density
density
4 Listed density
2 Listed
3 Listed
was
was
was
was
Summer
1 0.0081
Fall
0.0117
0.0008
2 0.005
3 0.01
3 0.121
0.7811
0.3162
0
1 0.0003
0.0153
3 0.01
3 0.121
4 1.727
0.2662
0.2763
Average
density
(animals
per km2)
Winter
0.018
0.0005
0.0349
3 0.01
3 0.121
4 1.727
0.2205
0
1 0.0081
1 0.0003
2 0.005
3 0.01
3 0.121
4 1.727
0.2662
0
0.0115
0.0005
0.0151
0.01
0.121
1.4905
0.2673
0.0691
provided for winter and spring.
provided for winter and summer.
annual average.
provided for fall, winter, and spring.
MOS is requesting a modification of
the previously issued authorization to
add take by Level A and Level B
harassment of northern fur seal and to
adjust the take requests for other species
based on average species densities
throughout the year due to work
occurring in all seasons. This
consequently increases the take by Level
B harassment request for Steller sea lion
(table 5). No other species take requests
are updated in this modification.
Additionally, the updated take by Level
B harassment of Steller sea lions is only
a modification for the Eastern US stock
and not the MMPA depleted Western
US stock which is equivalent to the
listed Western DPS. As per the original
IHA and the Biological Opinion, we still
only expect take by Level B harassment
of 3 individuals from the Western US
stock and the remaining 267 from the
Eastern US stock.
TABLE 5—REQUESTED TAKE AMOUNT, PER SPECIES, RELATIVE TO POPULATION SIZE
Stock
Humpback whale ...........
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Minke whale ...................
Killer whale ....................
Harbor porpoise .............
Dall’s porpoise ...............
Harbor seal ....................
Steller sea lion ...............
Northern fur seal ............
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Level A
Hawaii ..................................................................
Mexico-North Pacific ............................................
Alaska ..................................................................
Eastern North Pacific, Northern Residents,
Southeast Alaska; Eastern North Pacific Alaska Residents; West Coast Transients; and
Gulf, Aleutian, Bering Transients.
Southeast Alaska .................................................
Alaska ..................................................................
Alaska—Lynn Canal/Stephens Passage .............
Eastern US + Western US ..................................
Pribilof Islands/eastern Pacific stock ...................
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Level B
Percent of
population
Total take
2
0
2
2
13
1
6
90
15
1
8
92
<1
<1
UNK
2.57
17
43
193
2
2
75
193
2,760
270
45
92
236
2,953
272
47
8.9
1.8
22.14
<1
<1
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring
and reporting measures are identical to
those included in the initial IHA and
remain relevant for this modified IHA.
These can all be found in the documents
supporting the initial final IHA.
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Preliminary Determinations
With the exception of the revised take
numbers and addition of a new species,
the MOS’s in water construction
activities as well as mitigation and
reporting requirements are unchanged
from those in the initial IHA. The effects
of the activity on the affected species
and stocks remain unchanged,
notwithstanding the increase to the
authorized amount of Steller sea lion
take by Level B harassment and addition
of take by Level A and Level B
harassment of northern fur seal.
The additional takes from Level A and
Level B harassment would be due to
potential behavioral disturbance,
temporary threshold shift (TTS) or
permanent threshold shift (PTS). No
serious injury or mortality is anticipated
given the nature of the activity and
measures designed to minimize the
possibility of injury to marine
mammals. The potential for harassment
is minimized through the construction
method and the implementation of the
planned mitigation measures (see
Description of Proposed Mitigation,
Monitoring and Reporting Measures
section).
The MOS’s proposed pile driving
project precludes the likelihood of
serious injury or mortality. For all
species and stocks, take would occur
within a limited, confined area (within
Taiya Inlet) of the stock’s range. Level
A and Level B harassment would be
reduced to the level of least practicable
adverse impact through use of
mitigation measures described herein.
Furthermore, the amount of take
proposed to be authorized is extremely
small when compared to stock
abundance.
The additional 74 takes of Steller sea
lion represents a minor increase in the
percent of stock taken that was
authorized in the initial IHA, and the
anticipated impacts are identical to
those described in the 2023 final IHA.
Additionally, this increase is only of the
Eastern US stock; no additional takes of
the Western US stock are anticipated or
proposed for authorization. There is no
new information suggesting that our
initial analysis or findings should
change for Steller sea lions. Separately,
the addition of take proposed by Level
A and Level B harassment of northern
VerDate Sep<11>2014
17:06 Apr 01, 2024
Jkt 262001
fur seal is less than 0.1 percent of the
total stock and therefor this activity will
not cause effects on annual rates of
recruitment or survival. We have
preliminarily determined that the
impacts resulting from this activity are
not expected to adversely affect annual
rates of recruitment or survival for
northern fur seals and we preliminarily
re-affirm our previous findings for
Steller sea lions.
Based on the information contained
here and in the referenced documents,
NMFS has preliminarily 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
proposed authorized takes will have a
negligible impact on the affected marine
mammal species or stocks; (3) the
proposed authorized takes represent
small numbers of marine mammals
relative to the affected stock
abundances; and (4) MOS’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 (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
whenever we plan to authorize take for
endangered or threatened species, in
this case with the Alaska Regional
Office.
For the original IHA, NMFS Office of
Protected Resources completed a
Section 7 consultation with the NMFS
Alaska Regional Office for the issuance
of this IHA on August 23, 2023. The
Alaska Regional Office’s biological
opinion states that the action is not
likely to jeopardize the continued
existence of the listed species. This
modification of the IHA does not modify
or change any take of listed species and
there for the prior determination
remains unchanged.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
a modified IHA to MOS for conducting
construction activities associated with
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
the terminal redevelopment in Skagway,
Alaska, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
A draft of the proposed IHA can be
found at https://www.fisheries.
noaa.gov/permit/incidental-takeauthorizations-under-marine-mammalprotection-act.
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2023 IHA), the proposed authorization,
and any other aspect of this notice of
proposed modification of the IHA for
the Skagway terminal redevelopment
project. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–06963 Filed 4–1–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket Number: 240325–0086]
RIN 0660–XC056
National Environmental Policy Act
Procedures and Categorical
Exclusions
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice.
AGENCY:
The National
Telecommunications and Information
Administration (‘‘NTIA’’) publishes this
Notice that it will follow the First
Responder Network Authority’s
(‘‘FirstNet Authority’’) National
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procedures on an interim basis with
modifications to account for NTIA’s
internal organization and establish 30
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compliance with NEPA, Council on
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regulations, and other related
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SUMMARY:
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CEs will take effect as of April 2, 2024.
FOR FURTHER INFORMATION CONTACT:
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DATES:
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22684-22688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06963]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD838]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Skagway Ore Terminal
Redevelopment Project in Skagway, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed modification of an incidental harassment
authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: On February 5, 2024, NMFS received a request from the
Municipality of Skagway (MOS) to modify an incidental harassment
authorization (IHA) that was issued to MOS on August 29, 2023 to take
small numbers of eight species of marine mammals, by Level A and Level
B harassment, incidental to the Skagway Ore Terminal redevelopment
project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to modify the IHA. This
modification includes changes to the amount of authorized take by Level
B harassment for Steller sea lions and the addition of take by Level A
and Level B harassment for the northern fur seal (Callorhinus ursinus).
There are no changes to the activity, mitigation and monitoring, NMFS'
findings, the effective dates of the issued IHA, or any other aspect of
the IHA. NMFS will consider public comments prior to making any final
decision on the requested modification of the authorization and agency
responses will be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than April
17, 2024.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments 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: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
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, a notice of a
proposed incidental take authorization may be provided to the public
for review.
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
[[Page 22685]]
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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
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)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs 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 has
preliminarily determined that the issuance of the proposed modification
of the IHA continues to qualify to be categorically excluded from
further NEPA review. We will review all comments submitted in response
to this notice of modification prior to concluding our NEPA process or
making a final decision on the request.
History of Request
On August 9, 2022, MOS submitted a request to NMFS requesting an
IHA for the take of small numbers of seven species of marine mammals
incidental to the Ore Terminal redevelopment project in Skagway,
Alaska. On April 18, 2023, NMFS published a Federal Register notice (88
FR 23627) for the proposed IHA. On August 29, 2023, NMFS issued an IHA
to MOS, and on September 5, 2023, NMFS published a Federal Register
notice (88 FR 60652) announcing the issuance of the IHA, which is valid
from October 1, 2023 through September 30, 2024.
On February 5, 2024, NMFS received a request from MOS to modify the
2023 IHA. MOS subsequently submitted multiple revised IHA modification
requests and submitted a final version on March 15, 2024, which NMFS
determined to be adequate and complete. In the original IHA issued to
MOS, NMFS authorized 2 takes by Level A harassment and 196 takes by
Level B harassment for Steller sea lion, and no take by Level A or
Level B harassment for northern fur seals.
MOS intended for all work to be conducted from October through
March; thus, the species densities, and therefore take requests,
proposed in the original request were focused on fall and winter
months. However, due to construction delays, construction will not be
completed by March 31, 2024, making the original densities inaccurate
for the entirety of the construction window, which is now proposed to
extend into the spring and summer months as well. Additionally, in the
initial review of species likely to be found in the action area,
northern fur seal was determined unlikely to be found here. This
species has not been previously documented in Skagway and was not
expected to appear in the project area; therefore, no take was
originally requested. However, a northern fur seal yearling was
observed by a Protected Species Observer (PSO) near the project site on
multiple occasions in January 2024, causing project shutdowns and
delays.
Therefore, the MOS is requesting a modification to the issued
authorization to add 2 takes by Level A harassment and 45 takes by
Level B harassment for northern fur seal, and to adjust take requests
based on average species densities throughout the year due to work
occurring in all seasons and, consequently, increasing authorized take
by Level B harassment to 270 for Steller sea lion.
Description of the Proposed Activity and Anticipated Impacts
The modified IHA would include the same construction activities
(impact pile driving and vibratory pile driving and removal) in the
same locations that were described in the proposed notice of the 2023
IHA (88 FR 23627, April 18, 2023). The monitoring and reporting
measures remain the same as prescribed in the initial IHA. Please see
the additional relevant documents related to the issuance of the
initial IHA, including MOS' application and the notice of issuance of
the IHA (88 FR 60652, September 5, 2023) (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-municipality-skagways-skagway-ore-terminal-redevelopment) for more
detailed description of the project activities.
Detailed Description of the Action
A detailed description of the construction activities can be found
in the aforementioned documents associated with the issuance of the
initial IHA. The location and general nature of the activities are
identical to those described in the previous documents. However, as
stated in the History of Request section, MOS will not complete
construction during their planned work window. MOS plans to continue
construction past their original construction timeline and work into
spring and summer. As of February 7, 2023, MOS conservatively estimates
that there are 128 days of construction left. Detailed pile removal and
installation quantities left can be found in table 1 and table 2.
Table 1--Remaining Pile Removal Quantities
------------------------------------------------------------------------
Quantity
Pile type and size (inches (in)) remaining
------------------------------------------------------------------------
Timber Piles............................................ 267
Steel (14-in)........................................... 12
Steel (16-in)........................................... 51
Steel (24-in)........................................... 12
Steel (28-in)........................................... 26
Temporary piles (24-in or smaller)...................... 18
------------------------------------------------------------------------
Table 2--Remaining Installation Quantities
------------------------------------------------------------------------
Quantity
Pile type and size (in) remaining
------------------------------------------------------------------------
Steel (24-in)........................................... 162
Steel (36-in)........................................... 21
Steel (48-in)........................................... 6
Temporary piles (24-in or smaller)...................... 18
------------------------------------------------------------------------
Description of Marine Mammals
A description of the marine mammals in the area of the activities
can be found in these previous documents, which remains applicable to
this modified IHA as well. In addition, NMFS has reviewed the draft
2023 Stock Assessment Reports (Young et al., 2023; available at:
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports), information on relevant
Unusual Mortality Events, and recent scientific literature, and
incorporated that into table 3 below.
Table 3 lists all species or stocks for which take is expected and
authorized to be authorized for this activity, and summarizes
information related to the population or stock, including regulatory
status under the MMPA and Endangered Species Act (ESA) and potential
biological removal (PBR), where known. PBR is defined by the MMPA as
the maximum number of
[[Page 22686]]
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species or
stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' Alaska Marine Mammal SARs. All values presented in table 3 are
the most recent available at the time of publication (including from
the draft 2023 SARs) and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.
Table 3--Species Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals):
Humpback whale.................. Megaptera novaeanglinae Hawai[revaps]i......... -,-,N 11,278 (0.56, 7,265, 127 27.09
2020).
Mexico-North Pacific... T,D,Y 918 (0.217, UNK, 2006) UNK 0.57
Minke whale..................... Balaenoptera Alaska................. -,-,N UNK................... NA 0
acutorostra.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
Killer whale.................... Orca orcinus........... Eastern North Pacific, -,-,N 302 (N/A, 302, 2018).. 2.2 0.2
Norther Residents,
Southeast Alaska.
Eastern North Pacific -,-,N 1,920 (N/A, 1,920, 19 1.3
Alaska Residents. 2019).
West Coast Transients.. -,-,N 349 (N/A, 349, 2018).. 3.5 0.4
Gulf, Aleutian, Bering -,-,N 587 (N/A, 587, 2020).. 5.9 0.8
Transients.
Family Phocoenidae (porpoises):
Harbor Porpoise................. Phocoena phocoena...... Northern Southeast -,-,N 1,619 (0.26, 1,250, 13 5.6
Alaska Inland Waters. 2019).
Dall's porpoise \4\............. Phocoenoides dalli..... Alaska................. -,-,N UND (UND, UND, 2015).. UND 37
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
Steller sea lion................ Eumetopias jubatus..... Western Stock.......... E,D,Y 49,837 (N/A, 49,837, 299 267
2022).
Eastern Stock.......... -,-,N 36,308 (N/A, 36,308, 2,178 93.2
2022).
Northern fur seal............... Callorhinus ursinus.... Pribilof Island/Eastern -,D,Y 626,618 (0.2, 530,376, 11,403 373
Pacific Stock. 2019).
Family Phocidae (earless seals):
Harbor seal..................... Phoca vituline Alaska-Lynn Canal/ -,-,N 13,388 (N/A, 11,867, 214 50
richardii. Stephens Passage. 2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
\4\ Previous abundance estimates covering the entire stock's range are no longer considered reliable and the current estimates presented in the SARs and
reported here only cover a portion of the stock's range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of
the stock's range. PBR is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for
the entire stock's range.
We have preliminarily determined that no new information affects
our original analysis of impacts under the initial IHA. However, as
stated above, MOS is requesting to add take by Level A and Level B
harassment of northern fur seal. This species was not previously
documented in Skagway and was not expected to appear in the project
area; therefore, no take was originally requested or authorized in the
initial IHA. However, a northern fur seal yearling has been observed
near the project site on multiple occasions in January 2024.
Northern Fur Seal
Northern fur seals primarily inhabit open ocean and rocky or sandy
beaches on islands for resting, reproduction, and molting (NOAA 2022a).
Non-breeding northern fur seals may occasionally haul out on land at
other sites in Alaska, British Columbia, and on islets along the west
coast of the United States (Fiscus, 1983). During the reproductive
season, adult males usually are on shore during the 4-month period from
May to August, although some may be present until November. Adult
females are on
[[Page 22687]]
shore during a 6-month period, June to November. Following their
respective times ashore, Alaska northern fur seals of both sexes then
move south and remain at sea until the next breeding season (Roppel
1984). In Alaska, pups are born during summer months and leave the
rookeries in the fall, on average around mid-November but ranging from
late October to early December. Alaska northern fur seal pups generally
remain at sea for 22 months (Kenyon and Wilke 1953). There is no
relevant site-specific information on northern fur seals in the project
area other than the two sightings of one individual in January 2024 by
PSOs.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the final IHA, which remains applicable to the modification
of the IHA. NMFS is not aware of new information regarding potential
effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take for the specified activity are found in the previous
notice (88 FR 60652, September 5, 2023). The types and sizes of piles,
ensonified areas and source levels, methods of pile driving, and
methods for calculating take remain unchanged from the IHA.
The proposed modification addresses the updated species densities
to accommodate work in spring and summer, which would result in
increased take by Level B harassment of Steller sea lions. The proposed
modification includes work in spring and summer seasons, which were not
previously included in the IHA. Therefore, in this modification MOS
uses the same density methodology for take calculations but using an
annual average density for each species (see revised species densities
in table 4). Additionally, this proposed modification adds take by both
Level A and Level B harassment for northern fur seal, which were not
previously expected to be in the project area. The annual average
density estimate for northern fur seal is provided below utilizing the
same methodology as all other species in the original IHA.
Table 4--Density of Marine Mammal Species in the Project Area
----------------------------------------------------------------------------------------------------------------
Seasonal density (animals per square kilometer (km\2\)) Average
---------------------------------------------------------------- density
Species (animals per
Spring Summer Fall Winter km\2\)
----------------------------------------------------------------------------------------------------------------
Humpback whale.................. \1\ 0.0081 0.0117 0.018 \1\ 0.0081 0.0115
Minke whale..................... \1\ 0.0003 0.0008 0.0005 \1\ 0.0003 0.0005
Killer whale.................... 0.0153 \2\ 0.005 0.0349 \2\ 0.005 0.0151
Harbor porpoise................. \3\ 0.01 \3\ 0.01 \3\ 0.01 \3\ 0.01 0.01
Dall's porpoise................. \3\ 0.121 \3\ 0.121 \3\ 0.121 \3\ 0.121 0.121
Harbor seal..................... \4\ 1.727 0.7811 \4\ 1.727 \4\ 1.727 1.4905
Steller sea lion................ 0.2662 0.3162 0.2205 0.2662 0.2673
Northern fur seal............... 0.2763 0 0 0 0.0691
----------------------------------------------------------------------------------------------------------------
\1\ Listed density was provided for winter and spring.
\2\ Listed density was provided for winter and summer.
\3\ Listed density was annual average.
\4\ Listed density was provided for fall, winter, and spring.
MOS is requesting a modification of the previously issued
authorization to add take by Level A and Level B harassment of northern
fur seal and to adjust the take requests for other species based on
average species densities throughout the year due to work occurring in
all seasons. This consequently increases the take by Level B harassment
request for Steller sea lion (table 5). No other species take requests
are updated in this modification. Additionally, the updated take by
Level B harassment of Steller sea lions is only a modification for the
Eastern US stock and not the MMPA depleted Western US stock which is
equivalent to the listed Western DPS. As per the original IHA and the
Biological Opinion, we still only expect take by Level B harassment of
3 individuals from the Western US stock and the remaining 267 from the
Eastern US stock.
Table 5--Requested Take Amount, Per Species, Relative to Population Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Stock Level A Level B Total take population
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale................................. Hawaii................................. 2 13 15 <1
Mexico-North Pacific................... 0 1 1 <1
Minke whale.................................... Alaska................................. 2 6 8 UNK
Killer whale................................... Eastern North Pacific, Northern 2 90 92 2.57
Residents, Southeast Alaska; Eastern
North Pacific Alaska Residents; West
Coast Transients; and Gulf, Aleutian,
Bering Transients.
Harbor porpoise................................ Southeast Alaska....................... 17 75 92 8.9
Dall's porpoise................................ Alaska................................. 43 193 236 1.8
Harbor seal.................................... Alaska--Lynn Canal/Stephens Passage.... 193 2,760 2,953 22.14
Steller sea lion............................... Eastern US + Western US................ 2 270 272 <1
Northern fur seal.............................. Pribilof Islands/eastern Pacific stock. 2 45 47 <1
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 22688]]
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring and reporting measures are
identical to those included in the initial IHA and remain relevant for
this modified IHA. These can all be found in the documents supporting
the initial final IHA.
Preliminary Determinations
With the exception of the revised take numbers and addition of a
new species, the MOS's in water construction activities as well as
mitigation and reporting requirements are unchanged from those in the
initial IHA. The effects of the activity on the affected species and
stocks remain unchanged, notwithstanding the increase to the authorized
amount of Steller sea lion take by Level B harassment and addition of
take by Level A and Level B harassment of northern fur seal.
The additional takes from Level A and Level B harassment would be
due to potential behavioral disturbance, temporary threshold shift
(TTS) or permanent threshold shift (PTS). No serious injury or
mortality is anticipated given the nature of the activity and measures
designed to minimize the possibility of injury to marine mammals. The
potential for harassment is minimized through the construction method
and the implementation of the planned mitigation measures (see
Description of Proposed Mitigation, Monitoring and Reporting Measures
section).
The MOS's proposed pile driving project precludes the likelihood of
serious injury or mortality. For all species and stocks, take would
occur within a limited, confined area (within Taiya Inlet) of the
stock's range. Level A and Level B harassment would be reduced to the
level of least practicable adverse impact through use of mitigation
measures described herein. Furthermore, the amount of take proposed to
be authorized is extremely small when compared to stock abundance.
The additional 74 takes of Steller sea lion represents a minor
increase in the percent of stock taken that was authorized in the
initial IHA, and the anticipated impacts are identical to those
described in the 2023 final IHA. Additionally, this increase is only of
the Eastern US stock; no additional takes of the Western US stock are
anticipated or proposed for authorization. There is no new information
suggesting that our initial analysis or findings should change for
Steller sea lions. Separately, the addition of take proposed by Level A
and Level B harassment of northern fur seal is less than 0.1 percent of
the total stock and therefor this activity will not cause effects on
annual rates of recruitment or survival. We have preliminarily
determined that the impacts resulting from this activity are not
expected to adversely affect annual rates of recruitment or survival
for northern fur seals and we preliminarily re-affirm our previous
findings for Steller sea lions.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily 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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; and (4) MOS'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 (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 whenever we plan to authorize take for
endangered or threatened species, in this case with the Alaska Regional
Office.
For the original IHA, NMFS Office of Protected Resources completed
a Section 7 consultation with the NMFS Alaska Regional Office for the
issuance of this IHA on August 23, 2023. The Alaska Regional Office's
biological opinion states that the action is not likely to jeopardize
the continued existence of the listed species. This modification of the
IHA does not modify or change any take of listed species and there for
the prior determination remains unchanged.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue a modified IHA to MOS for conducting construction activities
associated with the terminal redevelopment in Skagway, Alaska, provided
the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated. A draft of the proposed IHA can be found
at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2023 IHA), the proposed
authorization, and any other aspect of this notice of proposed
modification of the IHA for the Skagway terminal redevelopment project.
Please include with your comments any supporting data or literature
citations to help inform our final decision on the request for MMPA
authorization.
Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06963 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-22-P
