Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Trident Seafoods Bunkhouse Dock Replacement Project, Kodiak, Alaska, 7660-7661 [2025-01448]
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7660
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
Background
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE517]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Trident
Seafoods Bunkhouse Dock
Replacement Project, Kodiak, 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 Trident Seafoods Corporation
(Trident) 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 six species of
marine mammals, by Level B
harassment only, incidental to
construction associated with the
Bunkhouse Dock replacement project in
Kodiak, 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 incidental
take analyzed and authorized in the
initial IHA.
DATES: The initial IHA was effective
from March 1, 2024, through February
28, 2025. Trident has requested reissuance with new effective dates of
March 1, 2025, through February 28,
2026.
SUMMARY:
An electronic copy of the
final 2024 IHA previously issued to
Trident, Trident’s application, and the
Federal Register notices proposing and
issuing the initial IHA may be obtained
by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-tridentseafoods-corporation-bunkhouse-dockreplacement. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
ADDRESSES:
VerDate Sep<11>2014
18:16 Jan 21, 2025
Jkt 265001
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 March 12, 2024, NMFS published
final notice of our issuance of an IHA
authorizing take of marine mammals
incidental to the Bunkhouse Dock
replacement project in Kodiak, Alaska
(89 FR 17820). The effective dates of
that IHA were March 1, 2024, through
February 28, 2025. On November 6,
2024, Trident informed NMFS that the
project was delayed. None of the work
identified in the initial IHA (e.g., pile
driving and removal) has occurred.
Trident submitted a request that we
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Frm 00007
Fmt 4703
Sfmt 4703
reissue an identical IHA that would be
effective from March 1, 2025, through
February 28, 2026, in order to conduct
the construction work that was analyzed
and authorized through the previously
issued IHA. 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 purpose of Trident’s construction
project is to remove the degraded dock
and replace it with a new structure to
provide safe housing and waterfront
infrastructure for seafood processing.
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
humpback whale (Megaptera
novaeangliae), killer whale, (Orcinus
orca), Dall’s porpoise (Phocoenoides
dalli), harbor porpoise (Phocoena
phocoena), 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
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 2024 IHA for
Trident’s construction work (89 FR
17820, March 12, 2024), Trident’s
application, the Federal Register notice
of the proposed IHA (88 FR 88874,
December 26, 2023), and all associated
references and documents.
Determinations
Trident will conduct activities as
analyzed in the initial 2024 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
E:\FR\FM\22JAN1.SGM
22JAN1
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
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) Trident’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.
lotter on DSK11XQN23PROD with NOTICES1
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 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
Section 7(a)(2) of the Endangered
Species Act (ESA) 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, in
this case with the NMFS’ Alaska
Regional Office (AKRO).
VerDate Sep<11>2014
18:16 Jan 21, 2025
Jkt 265001
NMFS is authorizing take of the
Mexico-North Pacific distinct
population segment (DPS) of humpback
whale, and the western DPS of the
Steller sea lion, 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
Trident 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 Trident
for in-water construction activities
associated with the specified activity
from March 1, 2025, through February
28, 2026. All previously described
mitigation, monitoring, and reporting
requirements from the initial 2024 IHA
are incorporated.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–01448 Filed 1–21–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE619]
Marine Mammals; File No. 28233
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; extension of comment
period.
AGENCY:
Notice is hereby given that
the National Marine Fisheries Service is
extending the public comment period
associated with the notice of receipt for
an application for a permit to import
bottlenose dolphins (Tursiops
truncatus) submitted by the Clearwater
Marine Aquarium.
DATES: The comment period for the
notice published on December 20, 2024,
at 89 FR 104107, is extended. Written
comments must be received on or before
March 20, 2025.
ADDRESSES: The application and related
documents are available online at
https://www.fisheries.noaa.gov/action/
permit-application-import-5-bottlenosedolphins-file-no-28233-clearwatermarine-aquarium.
You may submit comments, identified
by NOAA–NMFS–2024–0140, by any of
the following methods:
SUMMARY:
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Frm 00008
Fmt 4703
Sfmt 4703
7661
• Electronic Submission: Submit
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
enter NOAA–NMFS–2024–0140 in the
keyword search. Locate the document
you wish to comment on from the
resulting list and click on the
‘‘Comment Now’’ icon on the right of
that line.
• Mail: Comments on the application
should be addressed to: Permits and
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver
Spring, MD 20910; ATTN: Jolie
Harrison, Chief, Permits and
Conservation Division.
Instructions: Comments must be
submitted by one of the above methods.
All comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division via one of the methods listed
above. The request should set forth the
specific reasons why a hearing on this
amendment would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore or Courtney Smith,
Ph.D., (301) 427–8401.
On
December 20, 2024 (89 FR 104107), the
National Marine Fisheries Service
(NMFS) published notice of a permit
application submitted by the Clearwater
Marine Aquarium, 249 Windward
Passage, Clearwater, FL 33767
(Responsible Party: James Powell,
Ph.D.,). The applicant is requesting to
import up to five adult male bottlenose
dolphins from Attica Zoological Park in
Athina, Greece, to the Clearwater
Marine Aquarium for public display.
The requested duration of the permit is
five years. In response to a request to
extend the public comment period,
NMFS is extending the public comment
period for an additional 45 days.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22JAN1.SGM
22JAN1
Agencies
[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7660-7661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01448]
[[Page 7660]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE517]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Trident Seafoods Bunkhouse Dock
Replacement Project, Kodiak, 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 Trident Seafoods Corporation
(Trident) 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 six species of marine
mammals, by Level B harassment only, incidental to construction
associated with the Bunkhouse Dock replacement project in Kodiak,
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 incidental take analyzed and
authorized in the initial IHA.
DATES: The initial IHA was effective from March 1, 2024, through
February 28, 2025. Trident has requested re-issuance with new effective
dates of March 1, 2025, through February 28, 2026.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to Trident, Trident's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
https://www.fisheries.noaa.gov/action/incidental-take-authorization-trident-seafoods-corporation-bunkhouse-dock-replacement. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, 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 March 12, 2024, NMFS published final notice of our issuance of
an IHA authorizing take of marine mammals incidental to the Bunkhouse
Dock replacement project in Kodiak, Alaska (89 FR 17820). The effective
dates of that IHA were March 1, 2024, through February 28, 2025. On
November 6, 2024, Trident informed NMFS that the project was delayed.
None of the work identified in the initial IHA (e.g., pile driving and
removal) has occurred. Trident submitted a request that we reissue an
identical IHA that would be effective from March 1, 2025, through
February 28, 2026, in order to conduct the construction work that was
analyzed and authorized through the previously issued IHA. 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 purpose of Trident's construction project is to remove the
degraded dock and replace it with a new structure to provide safe
housing and waterfront infrastructure for seafood processing. 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 humpback whale (Megaptera novaeangliae), killer whale, (Orcinus
orca), Dall's porpoise (Phocoenoides dalli), harbor porpoise (Phocoena
phocoena), 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 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 2024 IHA for Trident's construction work (89 FR 17820, March
12, 2024), Trident's application, the Federal Register notice of the
proposed IHA (88 FR 88874, December 26, 2023), and all associated
references and documents.
Determinations
Trident will conduct activities as analyzed in the initial 2024
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
[[Page 7661]]
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) Trident'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 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
Section 7(a)(2) of the Endangered Species Act (ESA) 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, in this case with the NMFS'
Alaska Regional Office (AKRO).
NMFS is authorizing take of the Mexico-North Pacific distinct
population segment (DPS) of humpback whale, and the western DPS of the
Steller sea lion, 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 Trident 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 Trident for in-water construction
activities associated with the specified activity from March 1, 2025,
through February 28, 2026. All previously described mitigation,
monitoring, and reporting requirements from the initial 2024 IHA are
incorporated.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01448 Filed 1-21-25; 8:45 am]
BILLING CODE 3510-22-P