Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy Maintenance Project in King County, Washington, 91692-91693 [2024-27122]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91692-91693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE400]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy 
Maintenance Project in King County, Washington

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

ACTION: Notice; issuance of incidental harassment authorizations.

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SUMMARY: NMFS has received a request from BNSF Railway (BNSF) for the 
reissuance of two consecutive previously issued incidental harassment 
authorizations (IHAs) with the only change being effective dates. The 
initial IHAs authorized take of seven species of marine mammals 
incidental to construction associated with the BNSF Railway Bridge 
Heavy Maintenance Project.

DATES: These authorizations are effective from July 16, 2025, to July 
15, 2026, and from July 16, 2026, to July 15, 2027, respectively.

FOR FURTHER INFORMATION CONTACT: Rob Pauline, 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, an IHA is 
issued.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the 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 the takings are set forth. The definitions 
of all applicable MMPA statutory terms used above are included in the 
relevant sections below and can be found in section 3 of the MMPA (16 
U.S.C. 1362) and NMFS regulations at 50 CFR 216.103.

Summary of Request

    On April 15, 2022, NMFS published a final notice of our issuance of 
two consecutive IHAs authorizing take of marine mammals incidental to 
the Bridge 6.3 Heavy Maintenance Project in King County, Washington (87 
FR 22506, April 15, 2022). The effective dates of the IHAs were from 
July 16,

[[Page 91693]]

2022, to July 15, 2023, for year 1 and from July 16, 2023, to July 15, 
2024, for year 2. On August 3, 2023, BNSF informed NMFS that the 
project would be delayed by one year and requested a reissuance of the 
initial IHAs. None of the work identified in the initial IHAs (e.g., 
pile driving and removal) had occurred. Therefore, reissuance of the 
two consecutive IHAs was appropriate. The IHAs were effective from 
September 28, 2023, through July 15, 2024, for year 1 and from July 16, 
2024, to July 15, 2025, for year 2 (88 FR 70932, October 13, 2023). On 
September 20, 2024, NMFS received a notice from BNSF indicating that 
work had been delayed and requesting the reissuance of identical IHAs 
to be effective from July 16, 2025, to July 15, 2026, for year 1 and 
from July 16, 2026, to July 15, 2027, for year 2. There is no new 
information that would affect the authorized take numbers or required 
mitigation, monitoring, and reporting requirements and, therefore, 
reissuance is appropriate. The only change is to the effective dates.

Summary of Specified Activity and Anticipated Impacts

    The planned activities, mitigation, monitoring, and reporting 
requirements, authorized incidental take, and anticipated impacts on 
the affected stocks are the same as those analyzed for the previously 
issued IHAs.
    The purpose of BNSF's Railway Bridge 6.3 Heavy Maintenance Project 
is to extend the service life of the existing structure by replacing 
several components of the existing movable span. The location, timing, 
and nature of the activities, including the types of equipment planned 
for use, are identical to those described in the initial IHAs. The 
mitigation and monitoring are also as prescribed in the initial IHAs.
    Species that are expected to be taken by the planned activity 
include minke whale (Balaenoptera acutorostrata), common bottlenose 
dolphin (Tursiops truncatus), long-beaked common dolphin (Delphinus 
capensis), harbor porpoise (Phocoena phocoena), California sea lion 
(Zalophus californianus), Steller sea lion (Eumetopias jubatus) and 
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 documents referenced below. The 
data inputs and methods of estimating take are identical to those used 
in the initial IHAs. 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 IHAs.
    We refer to the documents related to the previously issued IHAs, 
which include the Federal Register notice of the issuance of the 
initial IHAs for BNSF's construction work (87 FR 22506, April 15, 
2022), BNSF's application, the Federal Register notice of the proposed 
IHAs (87 FR 4844, January 31, 2022), and all associated references and 
documents. These documents may be obtained by visiting: https://www.fisheries.noaa.gov/action/incidental-take-authorization-bnsf-railway-railway-bridge-heavy-maintenance-project-king.

Determinations

    BNSF will conduct activities as analyzed in the initial IHAs. 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 two consecutive, reissued IHAs 
include identical required mitigation, monitoring, and reporting 
measures as the initial IHAs, 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) BNSF'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 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 determined at 
the time of issuance that the IHAs qualify to be categorically excluded 
from further NEPA review, and there is no new information that would 
affect this determination.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    However, no incidental take of ESA-listed species is authorized or 
expected to result from this activity. Therefore, NMFS has determined 
that formal consultation under section 7 of the ESA is not required for 
this action.

Authorization

    NMFS has issued two consecutive IHAs to BNSF for in-water 
construction activities associated with the specified activity from 
July 16, 2025, to July 15, 2026, for year 1 and from July 16, 2026, to 
July 15, 2027, for year 2. All previously described mitigation, 
monitoring, and reporting requirements from the initial IHAs are 
incorporated.

    Dated: November 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-27122 Filed 11-19-24; 8:45 am]
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