Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Whittier Head of the Bay Cruise Dock Project, 22679-22682 [2024-06968]
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Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Notices
ACTION:
Notice of a public meeting.
The Gulf of Mexico Fishery
Management Council (Council) will
hold a one-day meeting of its Reef Fish
Advisory Panel (AP).
DATES: The meeting will be held
Tuesday, April 23, 2024, from 8:30 a.m.
to 5 p.m., EDT.
ADDRESSES: The in-person meeting will
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Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Rindone, Lead Fishery Biologist,
Gulf of Mexico Fishery Management
Council; ryan.rindone@gulfcouncil.org,
telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Tuesday
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April 23, 2024; 8:30 a.m.–5 p.m., EDT
The meeting will begin with
Introductions of Members and Adoption
of Agenda, Approval of Minutes from
the October 2023 meeting, review the
Scope of Work, and Reef Fish and
Individual Fishing Quota (IFQ) Program
Landings.
The AP will review SEDAR 74:
Research Track Review of Gulf of
Mexico Red Snapper and SEDAR 85:
Gulf of Mexico Yellowedge Grouper,
along with background materials,
presentations and SSC and AP
recommendations. The AP will discuss
the 2023 Recreational Red Grouper and
Gag Grouper Landings, Reef Fish
Amendment 61: Modifications to the
Mid-water Snapper Complex and Catch
Limits, and Ad Hoc Charter for-Hire
Data Collection Advisory Panel’s
January 2024 meeting summary, with
presentations and AP recommendations.
Next, the AP will review Reef Fish
Amendment 59/60: Modifications to the
Individual Fishing Quota Programs in
the Gulf of Mexico, including
presentations, background materials and
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receive Public Comment.
Lastly, the AP will discuss any Other
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—Meeting Adjourns
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webinar by visiting www.gulfcouncil.org
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meeting on the calendar. The Agenda is
subject to change, and the latest version
along with other meeting materials will
be posted on www.gulfcouncil.org as
they become available.
Although other non-emergency issues
not on the agenda may come before the
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Advisory Panel for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act, those issues may not be the subject
of formal action during this meeting.
Actions of the Advisory Panel will be
restricted to those issues specifically
identified in the agenda and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to takeaction to address the emergency.
Special Accommodations
The meeting is physically accessible
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sign language interpretation or other
auxiliary aid should be directed to
Kathy Pereira, (813) 348–1630, at least
5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–06943 Filed 4–1–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD844]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Whittier Head of
the Bay Cruise Dock Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a renewal IHA to
Turnagain Marine Construction (TMC)
to incidentally harass marine mammals
incidental to the cruise dock
construction project in Whittier, Alaska.
DATES: This renewal incidental
harassment authorization is valid from
April 1, 2024 through March 31, 2025.
ADDRESSES: Electronic copies of the
original application, renewal request,
and supporting documents (including
NMFS Federal Register notices of the
original proposed and final
authorizations, and the previous
SUMMARY:
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22679
incidental harassment authorization
(IHA)), as well as a list of the references
cited in this document, may be obtained
online at: https://www.fisheries.
noaa.gov/permit/incidental-takeauthorizations-under-marine-mammalprotection-act. In case of problems
accessing these documents, please call
the contact listed below.
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
promulgated or, if the taking is limited
to harassment, an IHA is issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and NMFS’s
implementing regulations (see 16 U.S.C
1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
requested public comment on a
potential renewal under those
circumstances. Specifically, on a case-
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by-case basis, NMFS may issue a onetime 1-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical,
or nearly identical, activities as
described in the Detailed Description of
Specified Activities section of the initial
IHA issuance notice is planned or (2)
the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
notice of issuance of the initial IHA,
provided all of the following conditions
are met:
1. A request for renewal is received no
later than 60 days prior to the needed
renewal IHA effective date (recognizing
that the renewal IHA expiration date
cannot extend beyond 1 year from
expiration of the initial IHA).
2. The request for renewal must
include the following:
• An explanation that the activities to
be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
• A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
3. Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
renewal. A description of the renewal
process may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
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History of Request
On March 29, 2023, NMFS issued an
IHA to TMC to take marine mammals
incidental to the construction of the
cruise ship dock in Whittier, Alaska (88
FR 19927, April 4, 2023), effective from
April 1, 2023 through March 31, 2024.
On November 16, 2023, NMFS received
an application for the renewal of that
initial IHA. As described in the
application for renewal, the activities
for which incidental take is requested
consist of activities that are covered by
the initial authorization but will not be
completed prior to its expiration. As
required, the applicant also provided a
preliminary monitoring report (available
at https://www.fisheries.noaa.gov/
action/incidental-take-authorizationturnagain-marine-constructions-cruisedock-construction) which confirms that
the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted. The notice
of the proposed renewal IHA was
published on March 6, 2024 (89 FR
15977).
Description of the Specified Activities
and Anticipated Impacts
TMC’s planned cruise ship
construction project was planned to
cover a 12-month window during which
approximately 129 days of pileinstallation and -removal activity will
occur. This project involved installation
and removal of seventy-two 36-inch (in)
(0.91-meter (m)) temporary steel pile
guides and installation of thirty-six 36in (0.91-m), sixteen 42-in (1.1-m), and
twenty 48-in (1.2-m) permanent steel
piles. Three different installation
methods were planned to be used
including vibratory installation of piles
into dense material, impact pile driving
to drive piling to tip elevation, and the
down-the-hole (DTH) hammer to drill
pile into the bedrock. TMC planned to
deploy a bubble curtain to the 60-foot
(ft) (18.3-m) isobath. This was planned
to be used during all activities that fall
below the 60-ft (18.3-m) isobath.
Due to unexpected winter weather
conditions causing slower construction,
TMC will not complete the initial
construction during the 1-year period.
Specifically, at the time of the renewal
request, TMC had completed
installation of 51 permanent piles to
construct the approach trestle, 2 float
restraint dolphins, and most of the
mooring trestle. With the remaining
time under the initial IHA, TMC
anticipates completing at a minimum
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installation of 10 additional permanent
piles.
This renewal request is to cover the
subset of the activities covered in the
initial IHA that will not be completed
during the effective IHA period. TMC
plans to complete the remaining
construction activities, which would
include at maximum installation of four
48-in piles for one mooring dolphin,
installation of seven 36-in piles for the
remainder of the mooring trestle, and
installation and removal of eleven 36-in
temporary piles to guide installation of
the remaining permanent piles.
The likely or possible impacts of the
TMC’s planned activity on marine
mammals could involve both nonacoustic and acoustic stressors and is
unchanged from the impacts described
in the initial IHA. Potential nonacoustic stressors could result from the
physical presence of the equipment,
vessels, and personnel; however, any
impacts to marine mammals are
expected to primarily be acoustic in
nature. Sounds resulting from pile
installation, removal, and drilling may
result in the incidental take of marine
mammals by Level A and Level B
harassment in the form of auditory
injury or behavioral harassment.
Detailed Description of the Activity
A detailed description of the
construction activities for which take is
authorized here may be found in the
notices of the proposed and final IHAs
for the initial authorization (88 FR 9227,
February 13, 2023; 88 FR 19927, April
4, 2023). As previously mentioned, this
request is for a subset of the activities
considered for the initial IHA that
would not be completed prior to its
expiration. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the
previous notice for the initial IHA. The
renewal IHA would be effective from
April 1, 2024 through March 31, 2025.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take is authorized here, including
information on abundance, status,
distribution, and hearing, may be found
in the notice of the proposed IHA for the
initial authorization (88 FR 9227,
February 13, 2023).
Since the initial IHA was published,
NMFS published the final 2022 Alaska
and Pacific Stock Assessment Reports
(SARs), which describe revised stock
structures under the MMPA for
humpback whales. In the initial notice
of proposed and final IHAs, we
explained these proposed changes and
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that these changes would be adopted
when final. Upon finalization of these
revised stock structures, we have made
appropriate updates, including
attribution of take numbers to stock (see
Estimated Take).
The revision to humpback whale
stock structure modifies the previously
MMPA-designated humpback stocks to
align more closely with the ESAdesignated distinct population segments
(DPSs) (Caretta et al., 2023; Young et al.,
2023). Specifically, the three existing
North Pacific humpback whale stocks
(Central North Pacific and Western
North Pacific (WNP) stocks addressed in
the Alaska SAR and the California/
Oregon/Washington stock addressed in
the Pacific SAR) were replaced by five
stocks (Western North Pacific, Hawaii,
and Mexico-North Pacific stocks
addressed in the Alaska SAR and the
Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/
WA stocks addressed in the Pacific
SAR) (Caretta et al., 2023; Young et al.,
2023).
In the initial notice of the proposed
and final IHA, NMFS assumed that
humpbacks in the action area were from
the Central North Pacific Stock, WNP
Stock, and CA/OR/WA Stock, and
therefor authorized take of humpbacks
from these stocks. Based on the revised
stock designations, no take of WNP
stock whales would occur, and in the
renewal IHA humpback whales are now
assumed to be members of either the
Hawai’i stock or the Mexico-North
Pacific stock, which corresponds with
the takes previously authorized for the
Central North Pacific Stock and CA/OR/
WA Stocks, respectively. However,
based on the work remaining in the
renewal IHA, the takes authorized
through this renewal would only be
from the Hawai’i stock. In southeast
Alaska, it is likely that only 2 percent
of humpbacks would be from the
Mexico-North Pacific stock, and based
on the proportionally reduced take in
this renewal, there are no calculated
takes of the Mexico-North Pacific stock.
Therefor in this renewal IHA, we
authorize take only of the Hawai’i stock
of humpback whale.
NMFS has reviewed the preliminary
monitoring data from the initial IHA,
recent draft and final SARs including
the updated humpback whale stock
structure, and determined that neither
this nor any other new information
affects which species have the potential
to be affected or the pertinent
information in the Description of the
Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA (88 FR 9227, February 13, 2023).
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the notice of the
proposed IHA for the initial
authorization (88 FR 9227, February 13,
2023). NMFS has reviewed the
monitoring data from the initial IHA,
recent draft SARs, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that neither this nor any
other new information affects our initial
analysis of impacts on marine mammals
and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the proposed and final IHAs
for the initial authorization (88 FR 9227,
February 13, 2023; 88 FR 19927, April
4, 2023). Specifically, days of operation,
area or space within which harassment
is likely to occur, and marine mammal
occurrence data applicable to this
authorization remain unchanged from
the initial IHA. Similarly, methods of
take, daily take estimates and types of
take remain unchanged from the initial
IHA. The number of takes authorized in
this renewal are a subset of the initial
authorized takes that better represent
the amount of activity left to complete.
These takes, which reflect the lower
number of remaining days of work, are
indicated below in table 1. Takes are
calculated using the same methodology
as the initial IHA, and are just a
proportion of the initial takes based on
the days of work remaining.
TABLE 1—AMOUNT OF TAKING, BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES AND STOCK AND PERCENT OF TAKE
BY STOCK
Species
Stock
Humpback Whale ............................................
Hawaii .............................................................
Mexico- North Pacific .....................................
Western North Pacific ....................................
Alaska Resident .............................................
Gulf of Alaska/Aleutian Islands/Bering Sea
Transient.
Alaska .............................................................
Prince William Sound .....................................
Western United States ...................................
Killer Whale .....................................................
Dall’s Porpoise ................................................
Harbor Seal .....................................................
Steller Sea Lion ..............................................
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Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the FR
notice announcing the issuance of the
initial IHA, and the discussion of the
least practicable adverse impact
included in that document remains
accurate (88 FR 19927, April 4, 2023).
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Level A take
The following mitigation, monitoring,
and reporting measures for this renewal:
• The TMC must avoid direct
physical interaction with marine
mammals during construction activity.
If a marine mammal comes within 10m of such activity, operations must
cease and vessels must reduce speed to
the minimum level required to maintain
steerage and safe working conditions, as
necessary to avoid direct physical
interaction;
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Level B take
Percent of
stock
0
0
0
0
0
3
0
0
11
3
<1
0
0
<1
<1
4
4
0
6
18
24
<1
<1
<1
• Conduct training between
construction supervisors and crews and
the marine mammal monitoring team
and relevant TMC staff prior to the start
of all pile driving activity and when
new personnel join the work, so that
responsibilities, communication
procedures, monitoring protocols, and
operational procedures are clearly
understood;
• Pile driving activity must be halted
upon observation of either a species for
which incidental take is not authorized
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or a species for which incidental take
has been authorized but the authorized
number of takes has been met, entering
or within the harassment zone;
• TMC will establish and implement
the shutdown zones. The purpose of a
shutdown zone is generally to define an
area within which shutdown of the
activity would occur upon sighting of a
marine mammal (or in anticipation of an
animal entering the defined area).
Shutdown zones typically vary based on
the activity type and marine mammal
hearing group;
• Monitoring must take place from 30
minutes prior to initiation of
construction activity (i.e., pre-start
clearance monitoring) through 30
minutes post-completion of
construction activity;
• Pre-start clearance monitoring must
be conducted during periods of
visibility sufficient for the lead
protected species observer (PSO) to
determine the shutdown zones clear of
marine mammals. Construction may
commence when the determination is
made;
• If construction is delayed or halted
due to the presence of a marine
mammal, the activity may not
commence or resume until either the
animal has voluntarily exited and been
visually confirmed beyond the
shutdown zone or 15 minutes have
passed without re-detection of the
animal;
• TMC must use soft start techniques
when impact pile driving. Soft start
requires contractors and equipment to
slowly approach the work site creating
a visual disturbance allowing animals in
close proximity to construction
activities a chance to leave the area
prior to stone resetting or new stone
placement. A soft start must be
implemented at the start of each day’s
construction activity and at any time
following cessation of activity for a
period of 30 minutes or longer;
• The TMC must employ up to four
PSOs to monitor the shutdown and
Level B harassment zones during pile
driving and DTH activities;
• Monitoring will be conducted 30
minutes before, during, and 30 minutes
after construction activities. In addition,
observers shall record all incidents of
marine mammal occurrence, regardless
of distance from activity, and shall
document any behavioral reactions in
concert with distance from construction
activity;
• The TMC must submit a draft report
detailing all monitoring within 90
calendar days of the completion of
marine mammal monitoring or 60 days
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prior to the issuance of any subsequent
IHA for this project, whichever comes
first;
• TMC must conduct hydroacoustic
monitoring as specified in the initial
IHA and submit a hydroacoustic
monitoring report;
• The TMC must prepare and submit
final report within 30 days following
resolution of comments on the draft
report from NMFS;
• The TMC must submit all PSO
datasheets and/or raw sighting data (in
a separate file from the Final Report
referenced immediately above); and
• The TMC must report injured or
dead marine mammals.
Comments and Responses
A notice of NMFS’ proposal to issue
a renewal IHA to TMC was published in
the Federal Register on March 6, 2024
(89 FR 15977). That notice either
described, or referenced descriptions of,
the TMC’s activity, the marine mammal
species that may be affected by the
activity, the anticipated effects on
marine mammals and their habitat,
estimated amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. NMFS received
no public comments.
Determinations
The renewal request consists of a
subset of activities analyzed through the
initial authorization described above. In
analyzing the effects of the activities for
the initial IHA, NMFS determined that
TMC’s activities would have a negligible
impact on the affected species or stocks
and that authorized take numbers of
each species or stock were small relative
to the relevant stocks (e.g., less than
one-third the abundance of all stocks).
The mitigation measures and
monitoring and reporting requirements
as described above are identical to the
initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. Based
on the information and analysis
contained here and in the referenced
documents, NMFS has determined the
following: (1) the required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) TMC activities will not
have an unmitigable adverse impact on
taking for subsistence purposes as no
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relevant subsistence uses of marine
mammals are implicated by this action;
and (5) appropriate monitoring and
reporting requirements are included.
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 action
(i.e., the issuance of an IHA renewal)
with respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
IHA.
Endangered Species Act
The NMFS Alaska Regional Office
issued a Biological Opinion under
section 7 of the Endangered Species Act
(ESA; 16 U.S.C. 1531 et seq.) on the
issuance of an IHA and potential
renewal IHA to TMC under section
101(a)(5)(D) of the MMPA by the NMFS
Office of Protected Resources. The
Biological Opinion concluded that the
action is not likely to jeopardize the
continued existence of ESA-listed
humpback whales or Steller sea lions.
Renewal
NMFS has issued a renewal IHA to
TMC for the take of marine mammals
incidental to conducting the cruise ship
dock construction in Whittier, Alaska,
from April 1, 2024 through March 31,
2025.
Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–06968 Filed 4–1–24; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22679-22682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06968]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD844]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Whittier Head of the Bay Cruise
Dock Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal IHA to Turnagain Marine Construction
(TMC) to incidentally harass marine mammals incidental to the cruise
dock construction project in Whittier, Alaska.
DATES: This renewal incidental harassment authorization is valid from
April 1, 2024 through March 31, 2025.
ADDRESSES: Electronic copies of the original application, renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous incidental harassment authorization (IHA)), as well as a list
of the references cited in this document, may be obtained online at:
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed below.
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 promulgated or, if the taking is limited to harassment, an IHA is
issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-
[[Page 22680]]
by-case basis, NMFS may issue a one-time 1-year renewal IHA following
notice to the public providing an additional 15 days for public
comments when (1) up to another year of identical, or nearly identical,
activities as described in the Detailed Description of Specified
Activities section of the initial IHA issuance notice is planned or (2)
the activities as described in the Description of the Specified
Activities and Anticipated Impacts section of the initial IHA issuance
notice would not be completed by the time the initial IHA expires and a
renewal would allow for completion of the activities beyond that
described in the DATES section of the notice of issuance of the initial
IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On March 29, 2023, NMFS issued an IHA to TMC to take marine mammals
incidental to the construction of the cruise ship dock in Whittier,
Alaska (88 FR 19927, April 4, 2023), effective from April 1, 2023
through March 31, 2024. On November 16, 2023, NMFS received an
application for the renewal of that initial IHA. As described in the
application for renewal, the activities for which incidental take is
requested consist of activities that are covered by the initial
authorization but will not be completed prior to its expiration. As
required, the applicant also provided a preliminary monitoring report
(available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-cruise-dock-construction)
which confirms that the applicant has implemented the required
mitigation and monitoring, and which also shows that no impacts of a
scale or nature not previously analyzed or authorized have occurred as
a result of the activities conducted. The notice of the proposed
renewal IHA was published on March 6, 2024 (89 FR 15977).
Description of the Specified Activities and Anticipated Impacts
TMC's planned cruise ship construction project was planned to cover
a 12-month window during which approximately 129 days of pile-
installation and -removal activity will occur. This project involved
installation and removal of seventy-two 36-inch (in) (0.91-meter (m))
temporary steel pile guides and installation of thirty-six 36-in (0.91-
m), sixteen 42-in (1.1-m), and twenty 48-in (1.2-m) permanent steel
piles. Three different installation methods were planned to be used
including vibratory installation of piles into dense material, impact
pile driving to drive piling to tip elevation, and the down-the-hole
(DTH) hammer to drill pile into the bedrock. TMC planned to deploy a
bubble curtain to the 60-foot (ft) (18.3-m) isobath. This was planned
to be used during all activities that fall below the 60-ft (18.3-m)
isobath.
Due to unexpected winter weather conditions causing slower
construction, TMC will not complete the initial construction during the
1-year period. Specifically, at the time of the renewal request, TMC
had completed installation of 51 permanent piles to construct the
approach trestle, 2 float restraint dolphins, and most of the mooring
trestle. With the remaining time under the initial IHA, TMC anticipates
completing at a minimum installation of 10 additional permanent piles.
This renewal request is to cover the subset of the activities
covered in the initial IHA that will not be completed during the
effective IHA period. TMC plans to complete the remaining construction
activities, which would include at maximum installation of four 48-in
piles for one mooring dolphin, installation of seven 36-in piles for
the remainder of the mooring trestle, and installation and removal of
eleven 36-in temporary piles to guide installation of the remaining
permanent piles.
The likely or possible impacts of the TMC's planned activity on
marine mammals could involve both non-acoustic and acoustic stressors
and is unchanged from the impacts described in the initial IHA.
Potential non-acoustic stressors could result from the physical
presence of the equipment, vessels, and personnel; however, any impacts
to marine mammals are expected to primarily be acoustic in nature.
Sounds resulting from pile installation, removal, and drilling may
result in the incidental take of marine mammals by Level A and Level B
harassment in the form of auditory injury or behavioral harassment.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the notices of the proposed and
final IHAs for the initial authorization (88 FR 9227, February 13,
2023; 88 FR 19927, April 4, 2023). As previously mentioned, this
request is for a subset of the activities considered for the initial
IHA that would not be completed prior to its expiration. The location,
timing, and nature of the activities, including the types of equipment
planned for use, are identical to those described in the previous
notice for the initial IHA. The renewal IHA would be effective from
April 1, 2024 through March 31, 2025.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
proposed IHA for the initial authorization (88 FR 9227, February 13,
2023).
Since the initial IHA was published, NMFS published the final 2022
Alaska and Pacific Stock Assessment Reports (SARs), which describe
revised stock structures under the MMPA for humpback whales. In the
initial notice of proposed and final IHAs, we explained these proposed
changes and
[[Page 22681]]
that these changes would be adopted when final. Upon finalization of
these revised stock structures, we have made appropriate updates,
including attribution of take numbers to stock (see Estimated Take).
The revision to humpback whale stock structure modifies the
previously MMPA-designated humpback stocks to align more closely with
the ESA-designated distinct population segments (DPSs) (Caretta et al.,
2023; Young et al., 2023). Specifically, the three existing North
Pacific humpback whale stocks (Central North Pacific and Western North
Pacific (WNP) stocks addressed in the Alaska SAR and the California/
Oregon/Washington stock addressed in the Pacific SAR) were replaced by
five stocks (Western North Pacific, Hawaii, and Mexico-North Pacific
stocks addressed in the Alaska SAR and the Central America/Southern
Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks addressed in the
Pacific SAR) (Caretta et al., 2023; Young et al., 2023).
In the initial notice of the proposed and final IHA, NMFS assumed
that humpbacks in the action area were from the Central North Pacific
Stock, WNP Stock, and CA/OR/WA Stock, and therefor authorized take of
humpbacks from these stocks. Based on the revised stock designations,
no take of WNP stock whales would occur, and in the renewal IHA
humpback whales are now assumed to be members of either the Hawai'i
stock or the Mexico-North Pacific stock, which corresponds with the
takes previously authorized for the Central North Pacific Stock and CA/
OR/WA Stocks, respectively. However, based on the work remaining in the
renewal IHA, the takes authorized through this renewal would only be
from the Hawai'i stock. In southeast Alaska, it is likely that only 2
percent of humpbacks would be from the Mexico-North Pacific stock, and
based on the proportionally reduced take in this renewal, there are no
calculated takes of the Mexico-North Pacific stock. Therefor in this
renewal IHA, we authorize take only of the Hawai'i stock of humpback
whale.
NMFS has reviewed the preliminary monitoring data from the initial
IHA, recent draft and final SARs including the updated humpback whale
stock structure, and determined that neither this nor any other new
information affects which species have the potential to be affected or
the pertinent information in the Description of the Marine Mammals in
the Area of Specified Activities contained in the supporting documents
for the initial IHA (88 FR 9227, February 13, 2023).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the notice of the proposed IHA for the
initial authorization (88 FR 9227, February 13, 2023). NMFS has
reviewed the monitoring data from the initial IHA, recent draft SARs,
information on relevant Unusual Mortality Events, and other scientific
literature, and determined that neither this nor any other new
information affects our initial analysis of impacts on marine mammals
and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization (88 FR 9227,
February 13, 2023; 88 FR 19927, April 4, 2023). Specifically, days of
operation, area or space within which harassment is likely to occur,
and marine mammal occurrence data applicable to this authorization
remain unchanged from the initial IHA. Similarly, methods of take,
daily take estimates and types of take remain unchanged from the
initial IHA. The number of takes authorized in this renewal are a
subset of the initial authorized takes that better represent the amount
of activity left to complete. These takes, which reflect the lower
number of remaining days of work, are indicated below in table 1. Takes
are calculated using the same methodology as the initial IHA, and are
just a proportion of the initial takes based on the days of work
remaining.
Table 1--Amount of Taking, by Level A and Level B Harassment, by Species and Stock and Percent of Take by Stock
----------------------------------------------------------------------------------------------------------------
Percent of
Species Stock Level A take Level B take stock
----------------------------------------------------------------------------------------------------------------
Humpback Whale........................ Hawaii.................. 0 3 <1
Mexico- North Pacific... 0 0 0
Western North Pacific... 0 0 0
Killer Whale.......................... Alaska Resident......... 0 11 <1
Gulf of Alaska/Aleutian 0 3 <1
Islands/Bering Sea
Transient.
Dall's Porpoise....................... Alaska.................. 4 6 <1
Harbor Seal........................... Prince William Sound.... 4 18 <1
Steller Sea Lion...................... Western United States... 0 24 <1
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the FR notice announcing the issuance of the initial IHA, and the
discussion of the least practicable adverse impact included in that
document remains accurate (88 FR 19927, April 4, 2023).
The following mitigation, monitoring, and reporting measures for
this renewal:
The TMC must avoid direct physical interaction with marine
mammals during construction activity. If a marine mammal comes within
10-m of such activity, operations must cease and vessels must reduce
speed to the minimum level required to maintain steerage and safe
working conditions, as necessary to avoid direct physical interaction;
Conduct training between construction supervisors and
crews and the marine mammal monitoring team and relevant TMC staff
prior to the start of all pile driving activity and when new personnel
join the work, so that responsibilities, communication procedures,
monitoring protocols, and operational procedures are clearly
understood;
Pile driving activity must be halted upon observation of
either a species for which incidental take is not authorized
[[Page 22682]]
or a species for which incidental take has been authorized but the
authorized number of takes has been met, entering or within the
harassment zone;
TMC will establish and implement the shutdown zones. The
purpose of a shutdown zone is generally to define an area within which
shutdown of the activity would occur upon sighting of a marine mammal
(or in anticipation of an animal entering the defined area). Shutdown
zones typically vary based on the activity type and marine mammal
hearing group;
Monitoring must take place from 30 minutes prior to
initiation of construction activity (i.e., pre-start clearance
monitoring) through 30 minutes post-completion of construction
activity;
Pre-start clearance monitoring must be conducted during
periods of visibility sufficient for the lead protected species
observer (PSO) to determine the shutdown zones clear of marine mammals.
Construction may commence when the determination is made;
If construction is delayed or halted due to the presence
of a marine mammal, the activity may not commence or resume until
either the animal has voluntarily exited and been visually confirmed
beyond the shutdown zone or 15 minutes have passed without re-detection
of the animal;
TMC must use soft start techniques when impact pile
driving. Soft start requires contractors and equipment to slowly
approach the work site creating a visual disturbance allowing animals
in close proximity to construction activities a chance to leave the
area prior to stone resetting or new stone placement. A soft start must
be implemented at the start of each day's construction activity and at
any time following cessation of activity for a period of 30 minutes or
longer;
The TMC must employ up to four PSOs to monitor the
shutdown and Level B harassment zones during pile driving and DTH
activities;
Monitoring will be conducted 30 minutes before, during,
and 30 minutes after construction activities. In addition, observers
shall record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from construction activity;
The TMC must submit a draft report detailing all
monitoring within 90 calendar days of the completion of marine mammal
monitoring or 60 days prior to the issuance of any subsequent IHA for
this project, whichever comes first;
TMC must conduct hydroacoustic monitoring as specified in
the initial IHA and submit a hydroacoustic monitoring report;
The TMC must prepare and submit final report within 30
days following resolution of comments on the draft report from NMFS;
The TMC must submit all PSO datasheets and/or raw sighting
data (in a separate file from the Final Report referenced immediately
above); and
The TMC must report injured or dead marine mammals.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to TMC was
published in the Federal Register on March 6, 2024 (89 FR 15977). That
notice either described, or referenced descriptions of, the TMC's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
The renewal request consists of a subset of activities analyzed
through the initial authorization described above. In analyzing the
effects of the activities for the initial IHA, NMFS determined that
TMC's activities would have a negligible impact on the affected species
or stocks and that authorized take numbers of each species or stock
were small relative to the relevant stocks (e.g., less than one-third
the abundance of all stocks). The mitigation measures and monitoring
and reporting requirements as described above are identical to the
initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) TMC 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.
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 action (i.e., the issuance of an IHA renewal) with
respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
The NMFS Alaska Regional Office issued a Biological Opinion under
section 7 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.)
on the issuance of an IHA and potential renewal IHA to TMC under
section 101(a)(5)(D) of the MMPA by the NMFS Office of Protected
Resources. The Biological Opinion concluded that the action is not
likely to jeopardize the continued existence of ESA-listed humpback
whales or Steller sea lions.
Renewal
NMFS has issued a renewal IHA to TMC for the take of marine mammals
incidental to conducting the cruise ship dock construction in Whittier,
Alaska, from April 1, 2024 through March 31, 2025.
Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06968 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-22-P
