Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Skagway Ore Terminal Redevelopment Project in Skagway, Alaska, 36765-36770 [2024-09655]
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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
Executive Director’s recommendations
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Authority: 16 U.S.C. 1801 et seq.
Dated: April 29, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–09623 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD927]
Marine Mammals; File No. 27514–01
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
permit amendment.
AGENCY:
Notice is hereby given that
Heather E. Liwanag, Ph.D., California
Polytechnic State University, 1 Grand
Avenue, San Luis Obispo, CA 93407–
0401, has applied for an amendment to
Scientific Research Permit No. 27514.
DATES: Written comments must be
received on or before June 3, 2024.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species home page, https://
apps.nmfs.noaa.gov, and then selecting
File No. 27514–01 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 27514–01 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore or Sara Young, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject amendment to Permit No. 27514
is requested under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
SUMMARY:
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36765
part 216), and the Fur Seal Act of 1966,
as amended (16 U.S.C. 1151 et seq.).
Permit No. 27514, issued on March
21, 2024 (89 FR 27418, April 17, 2024),
authorizes the permit holder to conduct
research on northern elephant seals
(Mirounga angustirostris) in California,
including unintentional harassment of
California sea lions (Zalophus
californianus), harbor seals (Phoca
vitulina), and northern fur seals
(Callorhinus ursinus). The permit
holder is requesting the permit be
amended to increase the unintentional
harassment for California sea lions from
50 to 150 animals and northern fur seals
from 25 to 100.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: April 29, 2024.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2024–09622 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD898]
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; issuance of a modified
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 modified
incidental harassment authorization
(IHA) to Municipality of Skagway
(MOS) to incidentally harass marine
mammals during construction
associated with the Ore Terminal
SUMMARY:
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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
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redevelopment project in Skagway,
Alaska.
DATES: This modified IHA is effective
from the date of issuance through
September 30, 2024.
ADDRESSES: Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorizationmunicipality-skagways-skagway-oreterminal-redevelopment. 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
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
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.
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
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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. There have been no
changes from the proposed
modification.
2023 IHA (88 FR 23627, April 18, 2023).
The mitigation, 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.
Description of the 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
Comments and Responses
A notice of NMFS’ proposal to issue
a Modified IHA to the MOS was
published in the Federal Register on
April 2, 2024 (89 FR 22684). That notice
described, in detail, the MOS’s modified
activities. In that notice, we requested
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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
Pile type and size
(inches (in))
Timber Piles ..........................
Steel (14-in) ..........................
Steel (16-in) ..........................
Steel (24-in) ..........................
Steel (28-in) ..........................
Temporary piles (24-in or
smaller) .............................
Quantity
remaining
267
12
51
12
26
18
TABLE 2—REMAINING INSTALLATION
QUANTITIES
Pile type and size (in)
Steel (24-in) ..........................
Steel (36-in) ..........................
Steel (48-in) ..........................
Temporary piles (24-in or
smaller) .............................
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Quantity
remaining
162
21
6
18
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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
public input on the request for
authorization described therein, our
analyses, the proposed authorization,
and any other aspect of the notice of
proposed IHA modification, and
requested that interested persons submit
relevant information, suggestions, and
comments. This proposed notice was
available for a 15-day public comment
period. NMFS received no public
comments on the proposed
modification.
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 (SARs; 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
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
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 ........
Hawai1i ......................................
-,-,N
Minke whale ........................
Balaenoptera acutorostra .........
Mexico-North Pacific .................
Alaska .......................................
T,D,Y
-,-,N
I
11,278 (0.56, 7,265,
2020).
918 (0.217, UNK, 2006)
UNK ................................
I
127
27.09
UNK
NA
0.57
0
I
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
299
267
2,178
93.2
11,403
373
214
50
Order Carnivora—Superfamily Pinnipedia
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Family Otariidae (eared seals
and sea lions):
Steller sea lion ....................
Eumetopias jubatus ..................
Western Stock ..........................
E,D,Y
Eastern Stock ...........................
-,-,N
Northern fur seal .................
Callorhinus ursinus ...................
Pribilof Island/Eastern Pacific
Stock.
-,D,Y
Family Phocidae (earless seals):
Harbor seal .........................
Phoca vituline richardii ..............
Alaska- Lynn Canal/Stephens
Passage.
-,-,N
49,837 (N/A, 49,837,
2022).
36,308 (N/A, 36,308,
2022).
626,618 (0.2, 530,376,
2019).
13,388 (N/A, 11,867,
2016).
1 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.
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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 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
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 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 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 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
3 Listed density
4 Listed density
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2 Listed
was
was
was
was
1 0.0081
1 0.0003
0.0153
3 0.01
3 0.121
4 1.727
0.2662
0.2763
0.0117
0.0008
2 0.005
3 0.01
3 0.121
0.7811
0.3162
0
Fall
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
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Average
density
(animals per
km2)
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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 U.S. stock
and not the MMPA depleted Western
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U.S. stock which is equivalent to the
ESA-listed Western Distinct Population
Segment. As per the original IHA and
the Biological Opinion, we still only
expect take by Level B harassment of 3
individuals from the Western U.S. stock
and the remaining 267 from the Eastern
U.S. stock.
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TABLE 5—REQUESTED TAKE AMOUNT, PER SPECIES, RELATIVE TO POPULATION SIZE
Stock
Humpback whale ...........
Minke whale ...................
Killer whale ....................
Harbor porpoise .............
Dall’s porpoise ...............
Harbor seal ....................
Steller sea lion ...............
Northern fur seal ............
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 U.S. + Western U.S ...............................
Pribilof Islands/eastern Pacific stock ...................
Description of Mitigation, Monitoring
and Reporting Measures
The 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.
lotter on DSK11XQN23PROD with NOTICES1
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 Mitigation, Monitoring
and Reporting Measures section).
The MOS’s 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
VerDate Sep<11>2014
Level A
18:11 May 02, 2024
Jkt 262001
Level B
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
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 U.S. stock; no additional takes
of the Western U.S. stock are anticipated
or authorized. There is no new
information suggesting that our initial
analysis or findings should change for
Steller sea lions. Separately, the
addition of take by Level A and Level
B harassment of northern fur seal is less
than 0.1 percent of the total stock and
therefore this activity will not cause
effects on annual rates of recruitment or
survival. We have 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 re-affirm our
previous findings for Steller sea lions.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
the required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; (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
Section 7(a)(2) of the ESA of 1973 (16
U.S.C. 1531 et seq.) requires that each
Federal agency insure that any action it
authorizes, funds, or carries out is not
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Percent of
population
Total take
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.
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
determined that the issuance of the
modification of the IHA continues to
qualify to be categorically excluded
from further NEPA review.
E:\FR\FM\03MYN1.SGM
03MYN1
36770
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
Authorization
NMFS has issued a modified IHA to
MOS for conducting construction
activities associated with the terminal
redevelopment in Skagway, Alaska, that
includes the previously explained
mitigation, monitoring, and reporting
requirements.
Dated: April 30, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–09655 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–22–P
End of Certification
Accordingly, the following product(s)
and service(s) are deleted from the
Procurement List:
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Deletions from the Procurement
List.
AGENCY:
This action deletes product(s)
and service(s) from the Procurement List
that were furnished by nonprofit
agencies employing persons who are
blind or have other severe disabilities.
DATES: Date deleted from the
Procurement List: June 2, 2024.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20064.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
489–1322, or email CMTEFedReg@
AbilityOne.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Deletions
On March 29, 2024 (89 FR 22131), the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice of proposed deletions
from the Procurement List. This notice
is published pursuant to 41 U.S.C. 8503
(a)(2) and 41 CFR 51–2.3.
After consideration of the relevant
matter presented, the Committee has
determined that the product(s) and
service(s) listed below are no longer
suitable for procurement by the Federal
Government under 41 U.S.C. 8501–8506
and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
VerDate Sep<11>2014
18:11 May 02, 2024
Jkt 262001
1. The action will not result in
additional reporting, recordkeeping or
other compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
product(s) and service(s) to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the product(s) and
service(s) deleted from the Procurement
List.
Product(s)
NSN(s)—Product Name(s):
7530–01–583–0556—Folders, File,
Reinforced Tab, Manila, 1⁄3 Cut, Letter
7530–01–583–0557—Folders, File,
Reinforced Tab, Manila, Straight Cut,
Letter
Contracting Activity: GSA/FAS ADMIN
SVCS ACQUISITION BR(2, NEW YORK,
NY
Service(s)
Service Type: File Maintenance
Mandatory for: US Department of Treasury,
Bureau of Public Debt, 200 Third Street,
Parkersburg, WV
Designated Source of Supply: SW
Resources, Inc., Parkersburg, WV
Contracting Activity: BUREAU OF THE
FISCAL SERVICE, PSB 3
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024–09703 Filed 5–2–24; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Agency Information Collection
Activities: Proposals, Submissions,
and Approvals
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The Committee for Purchase
From People Who Are Blind or Severely
Disabled operates as the U.S. AbilityOne
Commission (Commission). This notice
announces the Commission’s intent to
submit the Information Collection
Request (‘‘ICR’’) described below to the
Office of Management and Budget
(OMB) for approval under applicable
provisions of the Paperwork Reduction
SUMMARY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Act. This notice provides an
opportunity to interested members of
the public and affected agencies to
comment on a proposed Nonprofit
Agency (NPA) AbilityOne
Representations and Certifications
(ARC) form.
DATES: Submit comments on or before
July 1, 2024.
ADDRESSES: Submit comments to
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Christopher Stewart, Compliance and
Enforcement Attorney, Office of General
Counsel, U.S. AbilityOne Commission,
355 E Street SW, Suite 325, Washington,
DC 20024; telephone: (703) 254–6172;
email: cstewart@abilityone.gov. If you
are deaf, hard of hearing, or have a
speech disability and wish to access
telecommunications relay services,
please dial 7–1–1.
SUPPLEMENTARY INFORMATION: Overview
of ICR: This notice pertains to an ICR
the Commission intends to submit to
OMB for approval of an updated form
that an AbilityOne NPA will submit
annually regarding its AbilityOne
Program performance. This is a revision
of an existing form that is submitted on
an annual reporting cycle. This ICR is
consistent with OMB regulations at 5
CFR part 1320, which implement
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
These regulations require the
Commission to provide an opportunity
for interested members of the public and
affected agencies to comment on
information collection and
recordkeeping activities (see 5 CFR
1320.8(d)), such as those proposed to be
implemented through this updated
form.
The Commission is responsible for
implementing the Javits-Wagner-O’Day
(JWOD) Act, 41 U.S.C. 8501–8506. In
doing so, the Commission oversees the
AbilityOne Program (Program), a
program in which individuals who are
blind or have significant disabilities
provide products and services to
Federal agencies, thereby creating
employment opportunities for such
individuals. The Commission maintains
a Procurement List of mandatory source
products and services provided by
approximately 400 qualified nonprofit
agencies (NPAs). Individuals who are
working on AbilityOne contracts and
counted towards the direct labor hour
ratio mandated by the JWOD Act are
called ‘‘participating employees.’’
The implementing regulations for the
JWOD Act, located at 41 CFR chapter
51, provide the program’s requirements,
procedures, and standards. Section 51–
4.3 of the regulations sets forth the
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36765-36770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09655]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD898]
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; issuance of a modified incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued a modified incidental harassment authorization
(IHA) to Municipality of Skagway (MOS) to incidentally harass marine
mammals during construction associated with the Ore Terminal
[[Page 36766]]
redevelopment project in Skagway, Alaska.
DATES: This modified IHA is effective from the date of issuance through
September 30, 2024.
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-municipality-skagways-skagway-ore-terminal-redevelopment. 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 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 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.
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. There have been no
changes from the proposed modification.
Description of the 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 mitigation, 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
------------------------------------------------------------------------
Comments and Responses
A notice of NMFS' proposal to issue a Modified IHA to the MOS was
published in the Federal Register on April 2, 2024 (89 FR 22684). That
notice described, in detail, the MOS's modified activities. In that
notice, we requested
[[Page 36767]]
public input on the request for authorization described therein, our
analyses, the proposed authorization, and any other aspect of the
notice of proposed IHA modification, and requested that interested
persons submit relevant information, suggestions, and comments. This
proposed notice was available for a 15-day public comment period. NMFS
received no public comments on the proposed modification.
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 (SARs; 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 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\ 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.
[[Page 36768]]
\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 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 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 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 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 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
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\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 U.S. stock and not the MMPA depleted Western U.S. stock which
is equivalent to the ESA-listed Western Distinct Population Segment. As
per the original IHA and the Biological Opinion, we still only expect
take by Level B harassment of 3 individuals from the Western U.S. stock
and the remaining 267 from the Eastern U.S. stock.
[[Page 36769]]
Table 5--Requested Take Amount, Per Species, Relative to Population Size
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Percent of
Stock Level A Level B Total take population
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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 U.S. + Western U.S............. 2 270 272 <1
Northern fur seal.............................. Pribilof Islands/eastern Pacific stock. 2 45 47 <1
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Description of Mitigation, Monitoring and Reporting Measures
The 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.
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 Mitigation, Monitoring and Reporting Measures section).
The MOS's 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 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 U.S. stock; no additional takes of the Western U.S. stock
are anticipated or authorized. There is no new information suggesting
that our initial analysis or findings should change for Steller sea
lions. Separately, the addition of take by Level A and Level B
harassment of northern fur seal is less than 0.1 percent of the total
stock and therefore this activity will not cause effects on annual
rates of recruitment or survival. We have 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
re-affirm our previous findings for Steller sea lions.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; (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
Section 7(a)(2) of the ESA of 1973 (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.
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 determined
that the issuance of the modification of the IHA continues to qualify
to be categorically excluded from further NEPA review.
[[Page 36770]]
Authorization
NMFS has issued a modified IHA to MOS for conducting construction
activities associated with the terminal redevelopment in Skagway,
Alaska, that includes the previously explained mitigation, monitoring,
and reporting requirements.
Dated: April 30, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-09655 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-22-P
