Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Alaska Department of Transportation and Public Facilities Angoon Ferry Terminal Modification Project in Angoon, Alaska, 24385-24386 [2025-10504]
Download as PDF
<![CDATA[
Federal Register / Vol. 90, No. 110 / Tuesday, June 10, 2025 / Notices
supersedes the plan approved
previously for March 27, 2024, through
August 3, 2026 (89 FR 21241, March 27,
2024).
Dated: June 4, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2025–10430 Filed 6–9–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE881]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Alaska
Department of Transportation and
Public Facilities Angoon Ferry
Terminal Modification Project in
Angoon, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
In accordance with
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Alaska Department of Transportation
and Public Facilities (ADOT&PF) for
authorization to take marine mammals
incidental to the Angoon Ferry Terminal
Modification Project in Angoon, Alaska.
DATES: This authorization is effective for
one year from the date of effectiveness.
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/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed below.
FOR FURTHER INFORMATION CONTACT:
Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
MMPA Background and
Determinations
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Among the exceptions is
section 101(a)(5)(D) of the MMPA (16
VerDate Sep<11>2014
17:53 Jun 09, 2025
Jkt 265001
U.S.C. 1361 et seq.) which directs the
Secretary of Commerce (as delegated to
NMFS) to allow, upon request, the
incidental, but not intentional, taking by
harassment 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 the public has an
opportunity to comment on the
proposed IHA.
Specifically, NMFS will issue an IHA
if it finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
[practicable] adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation’’). NMFS
must also prescribe requirements
pertaining to monitoring and reporting
of such takings. The definition of key
terms such as ‘‘take,’’ ‘‘harassment,’’ and
‘‘negligible impact’’ can be found in the
MMPA and the NMFS’ implementing
regulations (see 16 U.S.C. 1362; 50 CFR
216.103).
On March 24, 2025, a notice of NMFS’
proposal to issue an IHA to ADOT&PF
for take of marine mammals incidental
to the Angoon Ferry Terminal
Modification Project in Angoon, Alaska
was published in the Federal Register
(90 FR 13463). In that notice, NMFS
indicated the estimated numbers, type,
and methods of incidental take
proposed for each species or stock and
the mitigation, monitoring, and
reporting measures that would be
required should the IHA be issued. The
Federal Register notice also included
analysis to support NMFS’ preliminary
conclusions and determinations that the
IHA, if issued, would satisfy the
requirements of section 101(a)(5)(D) of
the MMPA for issuance of the IHA. The
Federal Register notice included web
links to a draft IHA for review and other
supporting documents.
No substantive comments were
received during the public comment
period. There are no changes to the
specified activity, the species taken, the
proposed numbers, type, or methods of
take, or the mitigation, monitoring, or
reporting measures in the proposed IHA
notice. All information for species taken
remains the same with one exception. In
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
24385
the Description of Marine Mammals in
the Area of Specified Activities section
of the Federal Register notice of the
proposed IHA (90 FR 13463, March 24,
2025), table 2 and the associated species
description inadvertently misidentified
the humpback whale stock as the
Mainland Mexico-CA/OR/WA stock
rather than the Mexico-North Pacific
stock. However, NMFS’ analysis was
based upon the appropriate stock
information for the Mexico-North
Pacific stock, and no changes to the IHA
are necessary. Furthermore, no new
information that would change any of
the preliminary analyses, conclusions,
or determinations in the proposed IHA
notice has become available since that
notice was published and, therefore, the
preliminary analyses, conclusions, and
determinations included in the
proposed IHA are considered final.
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 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. Accordingly,
NMFS has determined that the issuance
of this IHA qualifies to be categorically
excluded from further NEPA review.
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, in
this case with the Alaska Regional
Office.
There are two ESA-listed marine
mammal species (Steller sea lion
(Western Distinct Population Segment
(DPS)) and humpback whale (Mexico
E:\FR\FM\10JNN1.SGM
10JNN1
24386
Federal Register / Vol. 90, No. 110 / Tuesday, June 10, 2025 / Notices
DPS)) with confirmed occurrence in the
project area. The NMFS Alaska Regional
Office Protected Resources Division
issued a Biological Opinion on June 3,
2025, 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 the
NMFS Permits and Conservation
Division. The Biological Opinion
concluded that the proposed action is
not likely to jeopardize the continued
existence of the Western DPS of Steller
sea lions and the Mexico DPS of
humpback whales, and is not likely to
destroy or adversely modify critical
habitat for either species.
Authorization
Accordingly, consistent with the
requirements of section 101(a)(5)(D) of
the MMPA, NMFS has issued an IHA to
ADOT&PF for authorization to take
marine mammals incidental to the
Angoon Ferry Terminal Modification
Project in Angoon, Alaska.
Dated: June 5, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–10504 Filed 6–9–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
ddrumheller on DSK120RN23PROD with NOTICES1
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Fishery Products Subject to
Trade Restrictions Pursuant to
Provisions of the High Seas Driftnet
Fishing Moratorium Protection Act
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on March 17,
2025, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic and
Atmospheric Administration,
Commerce.
VerDate Sep<11>2014
17:53 Jun 09, 2025
Jkt 265001
Title: Fishery Products Subject to
Trade Restrictions Pursuant to
provisions of the High Seas Driftnet
Fishing Moratorium Protection Act or
Marine Mammals Protection Act.
OMB Control Number: 0648–0651.
Form Number(s): None.
Type of Request: Regular submission
(extension of a currently approved
information collection).
Number of Respondents: 100
respondents annually filing 50
responses each.
Average Hours per Response: 10
minutes.
Total Annual Burden Hours: 833.
Needs and Uses: This is a request for
extension of an approved information
collection for Fishery Products Subject
to Trade Restrictions Pursuant to
Certification Under the High Seas
Driftnet Fishing Moratorium Protection
Act (Moratorium Protection Act) or the
Marine Mammal Protection Act
(MMPA).
The National Marine Fisheries
Service’s (NMFS) Office of International
Affairs, Trade, and Commerce requests
extension of the information collection
involving Certification of Admissibility
for the importation of certain fish and
fish products that are subject to
requirements of the Moratorium
Protection Act or the MMPA.
The purpose of this information
collection is to enable the continued
flow of trade while adhering to existing
statutory requirements. Pursuant to the
Moratorium Protection Act, certain fish
or fish products of a nation may be
subject to import prohibitions. To
facilitate enforcement, NMFS requires
that other fish or fish products from that
nation that are not subject to the import
prohibitions must be accompanied by
documentation of admissibility. A duly
authorized official/agent of the
applicant’s Government must certify
that the fish in the shipments being
imported into the United States (U.S.)
are of a species, or from fisheries, that
are not subject to an import restriction.
If a nation is identified under the
Moratorium Protection Act and fails to
receive a positive certification decision
from the Secretary of Commerce,
products from that nation may be
subject to the import prohibitions and
would subsequently need to be
accompanied by the certificate of
admissibility.
Under the MMPA, import certification
requirements apply in collection-ofinformation requirement (Control
Number 0648–0732) cases where foreign
fisheries do not meet U.S. standards for
marine mammal bycatch mitigation.
Final rule (RIN 0648–AY15)
implemented a procedure for making
PO 00000
Frm 00005
Fmt 4703
Sfmt 9990
comparability findings for nations that
are eligible for exporting fish and fish
products to the United States. The
nations may receive a comparability
finding to export fish and fish products
by providing documentation that a
nation’s bycatch reduction regulatory
program is comparable in effectiveness
to that of the United States. Fish and
fish products from a foreign fishery
without a comparability finding are
prohibited from entry into U.S.
commerce. To facilitate enforcement,
NMFS requires that other fish or fish
products from that nation that are not
subject to the import prohibitions must
be accompanied by documentation of
admissibility.
Information collected under the
Certification of Admissibility process is
used by the United States Customs and
Border Protection authorities to
determine that inbound seafood
shipments are not subject to trade
restrictions. NMFS uses the information
to ensure compliance with fish product
trade restrictions and to assess
compliance with international fishery
management regulations.
Affected Public: Business or other forprofit organizations.
Frequency: Dependent upon the
import rate of fish or fish products
subject to prohibition(s).
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
Legal Authority: 50 CFR part 216; 50
CFR part 300, subpart N.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0651.
Sheleen Dumas,
Departmental PRA Compliance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2025–10458 Filed 6–9–25; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Pages 24385-24386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10504]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE881]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Alaska Department of
Transportation and Public Facilities Angoon Ferry Terminal Modification
Project in Angoon, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to Alaska
Department of Transportation and Public Facilities (ADOT&PF) for
authorization to take marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska.
DATES: This authorization is effective for one year from the date of
effectiveness.
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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS will issue an IHA if it finds that the taking
will have a negligible impact on the species or stock(s) and will not
have an unmitigable adverse impact on the availability of the species
or stock(s) for taking for subsistence uses (where relevant). Further,
NMFS must prescribe the permissible methods of taking and other ``means
of effecting the least [practicable] adverse impact'' on the affected
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stocks for taking for certain
subsistence uses (referred to here as ``mitigation''). NMFS must also
prescribe requirements pertaining to monitoring and reporting of such
takings. The definition of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in the MMPA and the NMFS'
implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
On March 24, 2025, a notice of NMFS' proposal to issue an IHA to
ADOT&PF for take of marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska was published in the
Federal Register (90 FR 13463). In that notice, NMFS indicated the
estimated numbers, type, and methods of incidental take proposed for
each species or stock and the mitigation, monitoring, and reporting
measures that would be required should the IHA be issued. The Federal
Register notice also included analysis to support NMFS' preliminary
conclusions and determinations that the IHA, if issued, would satisfy
the requirements of section 101(a)(5)(D) of the MMPA for issuance of
the IHA. The Federal Register notice included web links to a draft IHA
for review and other supporting documents.
No substantive comments were received during the public comment
period. There are no changes to the specified activity, the species
taken, the proposed numbers, type, or methods of take, or the
mitigation, monitoring, or reporting measures in the proposed IHA
notice. All information for species taken remains the same with one
exception. In the Description of Marine Mammals in the Area of
Specified Activities section of the Federal Register notice of the
proposed IHA (90 FR 13463, March 24, 2025), table 2 and the associated
species description inadvertently misidentified the humpback whale
stock as the Mainland Mexico-CA/OR/WA stock rather than the Mexico-
North Pacific stock. However, NMFS' analysis was based upon the
appropriate stock information for the Mexico-North Pacific stock, and
no changes to the IHA are necessary. Furthermore, no new information
that would change any of the preliminary analyses, conclusions, or
determinations in the proposed IHA notice has become available since
that notice was published and, therefore, the preliminary analyses,
conclusions, and determinations included in the proposed IHA are
considered final.
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 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. Accordingly, NMFS has determined that the
issuance of this IHA qualifies to be categorically excluded from
further NEPA review.
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, in this case with the Alaska Regional
Office.
There are two ESA-listed marine mammal species (Steller sea lion
(Western Distinct Population Segment (DPS)) and humpback whale (Mexico
[[Page 24386]]
DPS)) with confirmed occurrence in the project area. The NMFS Alaska
Regional Office Protected Resources Division issued a Biological
Opinion on June 3, 2025, 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 the NMFS
Permits and Conservation Division. The Biological Opinion concluded
that the proposed action is not likely to jeopardize the continued
existence of the Western DPS of Steller sea lions and the Mexico DPS of
humpback whales, and is not likely to destroy or adversely modify
critical habitat for either species.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to ADOT&PF for
authorization to take marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska.
Dated: June 5, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-10504 Filed 6-9-25; 8:45 am]
BILLING CODE 3510-22-P
