Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Construction in Tongass Narrows in Ketchikan, Alaska, 88731-88733 [2024-26013]

Download as PDF Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 For sales for which Dingli reported entered value, we have calculated importer-specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). For sales for which Dingli did not report entered value, we have calculated importer-specific per-unit duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total quantity of those sales. To determine whether an importer-specific, per-unit assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also calculated an importer-specific ad valorem ratio based on estimated entered values. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on, or after, the publication date of the final results of review, as provided in section 751(a)(2)(C) of the Act: (1) for the subject merchandise exported by the company listed above that has a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters of subject merchandise not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the Chinawide entity, i.e., 165.14 percent; 11 and Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 11 See Order, 87 FR at 22191, adjusted for export subsidies as outlined in Certain Mobile Access VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties has occurred and the subsequent assessment of double antidumping duties, and/or increase in the amount of antidumping duties by the amount of the countervailing duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2). Dated: November 4, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary Equipment and Subassemblies Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 87 FR 9576, 9578 (February 22, 2022). PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 88731 II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Türkiye as the Primary Surrogate Country Comment 2: Turkish Financial Statements Comment 3: Bulgaria as the Primary Surrogate Country Comment 4: Valuation of Complex Fabricated Steel Components Comment 5: Valuation of Minor Fabricated Steel Parts Comment 6: Valuation of Ocean Freight Comment 7: Exclusion of Russian Imports from Average Unit Values (AUVs) Comment 8: Valuation of Marine Insurance Comment 9: Differential Pricing and Cohen’s d Test Comment 10: Section 301 Duties Comment 11: Turkish vs. Bulgarian Harmonized System (HS) Selection for Certain Inputs Comment 12: Appropriate Turkish HS Selection for Certain Inputs VI. Recommendation [FR Doc. 2024–26025 Filed 11–7–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE403] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Construction in Tongass Narrows in Ketchikan, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. AGENCY: NMFS has received a request from the Alaska Department of Transportation and Public Facilities (ADOT&PF) for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of 11 species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Ferry Berth construction Ketchikan, Alaska. The project has been delayed and none of the work covered in the initial IHA has been conducted. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the SUMMARY: E:\FR\FM\08NON1.SGM 08NON1 88732 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 incidental take analyzed and authorized in the initial IHA. DATES: The initial IHA was effective from September 11, 2023, through September 10, 2024. ADOT&PF has requested re-issuance with new effective dates of September 1, 2025 through August 31, 2026. ADDRESSES: An electronic copy of the final 2023 IHA previously issued to ADOT&PF, ADOT&PF’s application, and the Federal Register notices proposing and issuing the initial IHA may be obtained by visiting https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as any act of VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On September 14, 2023, NMFS published final notification of our issuance of an IHA authorizing take of marine mammals incidental to the Tongass Narrows Ferry Berth Construction Project (88 FR 63067). The effective dates of that IHA were September 11, 2023 through September 10, 2024. On August 16, 2024, ADOT&PF submitted a request that we reissue an identical IHA that would be effective from September 1, 2025 through August 31, 2026, in order to conduct the construction work that was analyzed and authorized through the previously issued IHA. In the request they described that the project had been delayed. None of the work identified in the initial IHA (e.g., pile driving and removal and down-the-hole drilling) has occurred. Therefore, re-issuance of the IHA is appropriate. Summary of Specified Activity and Anticipated Impacts The planned activities (including mitigation, monitoring, and reporting), authorized incidental take, and anticipated impacts on the affected stocks are the same as those analyzed and authorized through the previously issued IHA. The existing ferry facilities improve access to developable land on Gravina Island, improve access to the Ketchikan International Airport, and facilitate economic development in the Ketchikan Gateway Borough. The new ferry berths provide redundancy to the existing ferry berths. The location, timing, and nature of the activities, including the types of equipment planned for use, are within scope of those described in the initial IHA. The mitigation and monitoring are also as prescribed in the initial IHA. Species that are expected to be taken by the planned activity include minke whale (Balaenoptera acutorostrata), fin whale (Balaenoptera physalus), humpback whale (Megaptera novaeangliae), Gray whale (Eschrichtius robustus), Pacific white-sided dolphin (Lagenorhynchus obliquidens), killer whale (Oricnus orca), harbor porpoise (Phocoena phocoena), Dall’s porpoise (Phocoenoides dalli), Steller sea lion PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 (Eumetopias jubatus), northern elephant seal (Mirounga angustirostris), harbor seal (Phoca vitulina). A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that was authorized is found in the previous documents referenced above. The data inputs and methods of estimating take are identical to those used in the initial IHA. NMFS has reviewed recent stock assessment reports, information on relevant unusual mortality events, and recent scientific literature, and determined that no new information affects our original analysis of impacts or take estimate under the initial IHA. We refer to the documents related to the previously issued IHA, which include the Federal Register notice of the issuance of the initial 2023 IHA for ADOT&PF’s construction work (88 FR 63067), ADOT&PF’s application, the Federal Register notice of the proposed IHA (88 FR 46746), and all associated references and documents. Determinations ADOT&PF will conduct activities as analyzed in the initial 2023 IHA. As described above, the number of authorized takes of the same species and stocks of marine mammals are identical to the numbers that were found to meet the negligible impact and small numbers standards and authorized under the initial IHA and no new information has emerged that would change those findings. The re-issued 2025 IHA includes identical required mitigation, monitoring, and reporting measures as the initial IHA, and there is no new information suggesting that our analysis or findings should change. Based on the information contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species or stocks; (3) the authorized takes represent small numbers of marine mammals relative to the affected stock abundances; and (4) ADOT&PF’s activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action. National Environmental Policy Act To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216–6A, NMFS must review our E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices proposed action with respect to environmental consequences on the human environment. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 of the Companion Manual for NAO 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. Endangered Species Act (ESA) 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 propose to authorize take for endangered or threatened species, in this case with the NMFS’ Alaska Regional Office (AKRO). NMFS is authorizing take of the Mexico-North Pacific stock of humpback whale, and fin whale, which are listed as threatened or endangered under the ESA. The NMFS AKRO issued a Biological Opinion under section 7 of the ESA on the issuance of an IHA to ADOT&PF under section 101(a)(5)(D) of the MMPA by NMFS OPR. The biological opinion concluded that the action is not likely to jeopardize the continued existence of the listed species. Authorization ddrumheller on DSK120RN23PROD with NOTICES1 NMFS has issued an IHA to ADOT&PF for in-water construction activities associated with the specified activity from September 1, 2025 through August 31, 2026. All previously described mitigation, monitoring, and reporting requirements from the initial 2023 IHA are incorporated. Dated: November 5, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–26013 Filed 11–7–24; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE292] Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2025 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for applications. AGENCY: NMFS requests applications for the 2025 shark research fishery from commercial shark fishermen with Atlantic shark Directed or Incidental limited access permits. The shark research fishery provides fisherydependent and biological data collection to support stock assessments and other NMFS’ research and management objectives. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery participants may also land other species of sharks, dependent on the terms and conditions of their permit. Commercial shark fishermen who are interested in participating in the shark research fishery must submit a completed Shark Research Fishery Permit Application to be considered. DATES: NMFS must receive Shark Research Fishery Permit Applications no later than December 9, 2024. ADDRESSES: Please submit completed applications via email to NMFS.Research.Fishery@noaa.gov. For copies of the Shark Research Fishery Permit Application, please email a request to NMFS.Research.Fishery@noaa.gov. Copies of the Shark Research Fishery Permit Application are also available on the highly migratory species (HMS) website at https:// www.fisheries.noaa.gov/atlantic-highlymigratory-species/atlantic-highlymigratory-species-exempted-fishingpermits. Please be advised that NMFS may release your application under the Freedom of Information Act. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Delisse Ortiz at 301–427–8503, or email NMFS.Research.Fishery@noaa.gov. SUPPLEMENTARY INFORMATION: HMS fisheries (tunas, billfish, swordfish, and sharks) are managed under the 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments pursuant to the authority of the Magnuson-Stevens Fishery SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 88733 Conservation and Management Act (16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.). HMS implementing regulations are at 50 CFR part 635. Section 635.27(b)(1) describes the commercial shark quotas, § 635.24(a)(1) includes information on retention limits, and § 635.32(f) provides details on the shark research fishery. In Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 40657, July 7, 2008; corrected at 73 FR 40658, July 15, 2008), NMFS established the shark research fishery, in part, to maintain time series data for stock assessments and to meet NMFS’ management and research objectives. Since then, the shark research fishery has allowed for: • Fishery-dependent data collection for current and future stock assessments; • Cooperative research to meet NMFS’ ongoing objectives; • Data collection on life-history information used in the sandbar shark (and other species) stock assessments; • Data collection on habitat preferences that might help reduce fishery interactions through bycatch mitigation; • Evaluation of the utility of the midAtlantic closed area on the recovery of dusky sharks and collection of hooktimer and pop-up satellite archival tag information to determine at-vessel and post-release mortality of dusky sharks; and • Shark collection to determine the weight conversion factor from dressed weight to whole weight. The shark research fishery allows selected commercial fishermen the opportunity to earn revenue from selling additional sharks, including sandbar sharks. Only shark research fishery participants are authorized to land sandbar sharks subject to the sandbar quota available each year. The base annual commercial quotas for sandbar sharks is 90.7 metric tons (mt) dressed weight (dw) and for research large coastal sharks (LCS) is 50 mt dw per year, although the quotas may be reduced in the event of overharvests. The selected shark research fishery participants will also be allowed to land other shark species consistent with any restrictions established on their shark research fishery permit. Generally, the shark research fishery permits are valid only for the calendar year for which they are issued. NMFS requires 100-percent observer coverage on shark research fishery trips. The specific 2025 trip limits and number of trips per month will depend on the availability of funding, number of E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88731-88733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26013]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE403]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Ferry Berth Construction in Tongass 
Narrows in Ketchikan, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the Alaska Department of 
Transportation and Public Facilities (ADOT&PF) for the re-issuance of a 
previously issued incidental harassment authorization (IHA) with the 
only change being effective dates. The initial IHA authorized take of 
11 species of marine mammals, by Level A and Level B harassment, 
incidental to construction associated with the Ferry Berth construction 
Ketchikan, Alaska. The project has been delayed and none of the work 
covered in the initial IHA has been conducted. The scope of the 
activities and anticipated effects remain the same, authorized take 
numbers are not changed, and the required mitigation, monitoring, and 
reporting remains the same as included in the initial IHA. NMFS is, 
therefore, issuing a second identical IHA to cover the

[[Page 88732]]

incidental take analyzed and authorized in the initial IHA.

DATES: The initial IHA was effective from September 11, 2023, through 
September 10, 2024. ADOT&PF has requested re-issuance with new 
effective dates of September 1, 2025 through August 31, 2026.

ADDRESSES: An electronic copy of the final 2023 IHA previously issued 
to ADOT&PF, ADOT&PF's application, and the Federal Register notices 
proposing and issuing the initial IHA may be obtained by visiting 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as 
delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 14, 2023, NMFS published final notification of our 
issuance of an IHA authorizing take of marine mammals incidental to the 
Tongass Narrows Ferry Berth Construction Project (88 FR 63067). The 
effective dates of that IHA were September 11, 2023 through September 
10, 2024. On August 16, 2024, ADOT&PF submitted a request that we 
reissue an identical IHA that would be effective from September 1, 2025 
through August 31, 2026, in order to conduct the construction work that 
was analyzed and authorized through the previously issued IHA. In the 
request they described that the project had been delayed. None of the 
work identified in the initial IHA (e.g., pile driving and removal and 
down-the-hole drilling) has occurred. Therefore, re-issuance of the IHA 
is appropriate.

Summary of Specified Activity and Anticipated Impacts

    The planned activities (including mitigation, monitoring, and 
reporting), authorized incidental take, and anticipated impacts on the 
affected stocks are the same as those analyzed and authorized through 
the previously issued IHA.
    The existing ferry facilities improve access to developable land on 
Gravina Island, improve access to the Ketchikan International Airport, 
and facilitate economic development in the Ketchikan Gateway Borough. 
The new ferry berths provide redundancy to the existing ferry berths. 
The location, timing, and nature of the activities, including the types 
of equipment planned for use, are within scope of those described in 
the initial IHA. The mitigation and monitoring are also as prescribed 
in the initial IHA.
    Species that are expected to be taken by the planned activity 
include minke whale (Balaenoptera acutorostrata), fin whale 
(Balaenoptera physalus), humpback whale (Megaptera novaeangliae), Gray 
whale (Eschrichtius robustus), Pacific white-sided dolphin 
(Lagenorhynchus obliquidens), killer whale (Oricnus orca), harbor 
porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), 
Steller sea lion (Eumetopias jubatus), northern elephant seal (Mirounga 
angustirostris), harbor seal (Phoca vitulina). A description of the 
methods and inputs used to estimate take anticipated to occur and, 
ultimately, the take that was authorized is found in the previous 
documents referenced above. The data inputs and methods of estimating 
take are identical to those used in the initial IHA. NMFS has reviewed 
recent stock assessment reports, information on relevant unusual 
mortality events, and recent scientific literature, and determined that 
no new information affects our original analysis of impacts or take 
estimate under the initial IHA.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 
initial 2023 IHA for ADOT&PF's construction work (88 FR 63067), 
ADOT&PF's application, the Federal Register notice of the proposed IHA 
(88 FR 46746), and all associated references and documents.

Determinations

    ADOT&PF will conduct activities as analyzed in the initial 2023 
IHA. As described above, the number of authorized takes of the same 
species and stocks of marine mammals are identical to the numbers that 
were found to meet the negligible impact and small numbers standards 
and authorized under the initial IHA and no new information has emerged 
that would change those findings. The re-issued 2025 IHA includes 
identical required mitigation, monitoring, and reporting measures as 
the initial IHA, and there is no new information suggesting that our 
analysis or findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has determined the following: (1) the required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; and (4) ADOT&PF's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our

[[Page 88733]]

proposed action with respect to environmental consequences on the human 
environment.
    Accordingly, NMFS has determined that the issuance of the IHA 
qualifies to be categorically excluded from further NEPA review. This 
action is consistent with categories of activities identified in CE B4 
of the Companion Manual for NAO 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.

Endangered Species Act (ESA)

    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 propose to authorize take for endangered or 
threatened species, in this case with the NMFS' Alaska Regional Office 
(AKRO).
    NMFS is authorizing take of the Mexico-North Pacific stock of 
humpback whale, and fin whale, which are listed as threatened or 
endangered under the ESA. The NMFS AKRO issued a Biological Opinion 
under section 7 of the ESA on the issuance of an IHA to ADOT&PF under 
section 101(a)(5)(D) of the MMPA by NMFS OPR. The biological opinion 
concluded that the action is not likely to jeopardize the continued 
existence of the listed species.

Authorization

    NMFS has issued an IHA to ADOT&PF for in-water construction 
activities associated with the specified activity from September 1, 
2025 through August 31, 2026. All previously described mitigation, 
monitoring, and reporting requirements from the initial 2023 IHA are 
incorporated.

    Dated: November 5, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-26013 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-22-P
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