Notice2021-25648
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and Repair Activities
Primary source
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Published
November 24, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Coast Guard for authorization to take small numbers of marine mammals incidental to conducting construction activities related to maintenance and repair of eight of their facilities in Alaska over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the U.S. Coast Guard's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the application and request.
Full Text
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<title>Federal Register, Volume 86 Issue 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67023-67024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25648]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB048]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and
Repair Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Coast Guard for
authorization to take small numbers of marine mammals incidental to
conducting construction activities related to maintenance and repair of
eight of their facilities in Alaska over the course of five years from
the date of issuance. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS is announcing receipt of the U.S.
Coast Guard's request for the development and implementation of
regulations governing the incidental taking of marine mammals. NMFS
invites the public to provide information, suggestions, and comments on
the application and request.
[[Page 67024]]
DATES: Comments and information must be received no later than December
27, 2021.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Electronic comments
should be sent to <a href="/cdn-cgi/l/email-protection#266f7276086b434742495155664849474708414950"><span class="__cf_email__" data-cfemail="d69f8286f89bb3b7b2b9a1a596b8b9b7b7f8b1b9a0">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to electronic comments
will be accepted in Microsoft Word or Excel or Adobe PDF file formats
only. All comments received are a part of the public record and will
generally be posted online at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-cooonstruction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-cooonstruction-activities</a> without change. All personal identifying information (e.g.,
name, address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Dr. Dwayne Meadows, Office of
Protected Resources, NMFS, (301) 427-8401. An electronic copy of the
U.S. Coast Guard's application may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
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
authorization is provided to the public for review.
An incidental take authorization 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 15, 2021, NMFS received an application from the U.S. Coast
Guard (Coast Guard) requesting authorization for take of marine mammals
incidental to maintenance and repair of eight of their facilities in
Alaska. After the applicant responded to our questions, we determined
the application was adequate and complete on November 17, 2021. The
requested regulations would be valid for 5 years, from April 1, 2022
through March 31, 2027. The Coast Guard plans to conduct necessary
work, including impact and vibratory pile driving and removal, making
holes using down-the-hole equipment, pile cutting and power washing to
maintain and repair their dock and other facilities. The proposed
action may incidentally expose marine mammals occurring in the vicinity
to elevated levels of underwater sound, thereby resulting in incidental
take, by Level A and/or Level B harassment only. Therefore, the Coast
Guard requests authorization to incidentally take marine mammals.
Specified Activities
The Coast Guard proposes to conduct construction necessary for
maintenance and repair of existing in-water structures at the following
eight Coast Guard station facilities in Alaska: Kodiak, Sitka,
Ketchikan, Valdez, Cordova, Juneau, Petersburg, and Seward. Up to 246
piles will be removed and replaced on a 1 to 1 basis over the 5-year
regulations. The Coast Guard anticipates a maximum of 395 work days
over the course of the 5-year period and they expect to take 23 stocks
from 12 species of marine mammals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Coast Guard's request (see ADDRESSES). NMFS
will consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Coast Guard, if appropriate.
Dated: November 18, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-25648 Filed 11-23-21; 8:45 am]
BILLING CODE 3510-22-P
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