Notice2022-04450
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows, Alaska
Primary source
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Published
March 3, 2022
Effective
March 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 eight species of marine mammals, by Level A and Level B harassment, incidental to Ferry Berth Improvements at Tongass Narrows, near Ketchikan, AK. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from March 1, 2021 through February 28, 2022. ADOT&PF has requested re-issuance with new effective dates of March 1, 2022, through February 28, 2023. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12117-12119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB779]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass
Narrows, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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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
eight species of marine mammals, by Level A and Level B harassment,
incidental to Ferry Berth Improvements at Tongass Narrows, near
Ketchikan, AK. The project has been delayed and none of the work
covered in the initial IHA has been conducted. The initial IHA was
effective from March 1, 2021 through February 28, 2022. ADOT&PF has
requested re-issuance with new effective dates of March 1, 2022,
through February 28, 2023. 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: This authorization is effective from March 1, 2022, through
February 28, 2023.
ADDRESSES: An electronic copy of the final 2020 IHA previously issued
to ADOT&PF, ADOT&PF application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements">https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Robert Pauline, 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
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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 January 7, 2020, NMFS published a final notice of our issuance
of two consecutive IHAs authorizing take of marine mammals incidental
to the Ferry Berth Improvements in Tongass Narrows, Alaska (85 FR 637).
The effective dates of the first IHA were from March 1, 2020 through
February 28, 2021 (Phase 1) while the effective dates of the second IHA
were from from March 1, 2021 through February 28, 2022 (Phase 2). Due
to various project delays and two minor changes in the activity,
ADOT&PF requested a renewal of the Phase 1 IHA. NMFS issued renewal of
the Phase 1 IHA on May 5, 2021 (86 FR 23938). On November 22, 2021,
ADOT&PF informed NMFS that due to project delays none of the work
identified in the initial Phase 2 IHA (e.g., pile installation and
removal) had occurred. ADOT&PF submitted a request that we reissue an
identical Phase 2 IHA that would be effective from March 1, 2022
through February 28, 2023, in order to conduct the construction work
that was analyzed and authorized through the previously issued Phase 2
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 Phase 2 IHA.
The purpose of ADOT&PF's construction project is to improve
facilities that provide reliable access to Ketchikan International
Airport and facilitate growth and development in the region. Some of
the existing ferry facilities are aging and periodically out-of-service
for repairs or maintenance, and this project will provide redundant
ferry berths to increase reliability. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are identical hose described in the initial Phase 2 IHA. The mitigation
and monitoring are also as prescribed in the initial IHA.
Take of a small number of eight species of marine mammals has been
authorized by NMFS. Three of those species, harbor seal (Phoca vitulina
richardii), harbor porpoise (Phocoena phocoena), and Dall's porpoise
(Phocoenoides dalli) may be taken by Level A or Level B harassment
while the remaining five species would be taken by Level B harassment
only. These species include humpback whale (Megaptera novaeangliae),
minke whale (Balaenoptera acutorostrata), killer whale (Orcinus orca),
Pacific white-sided dolphin (Lagenorhynchus obliquidens), and Steller
sea lion (Eschrichtius robustus). 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 Phase 2 IHA. NMFS has revieweded 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 Phase
I and Phase 2 IHAs for ADOT&PF construction work (85 FR 673; January 7,
2020), ADOT&PF application, the Federal Register notice of the proposed
IHAs (84 FR 34134; July 17, 2019), and all associated references and
documents.
Determinations
ADOT&PF will conduct activities as analyzed in the initial Phase 2
2021-2022 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 2022 IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial Phase 2 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 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 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.
Endangered Species Act (ESA)
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, in this case with NMFS' Alaska Regional
Office, whenever we propose to authorize take for endangered or
threatened species.
NMFS is authorizing take of the Central North Pacific stock of
humpback whales, of which a portion belong to the Mexico DPS of
humpback whales, which are listed under the ESA.
The action agencies are the Federal Highway Administration (FHA)
and the NMFS Office of Protected Resources Permits and Conservation
Division. On February 6, 2019, NMFS completed consultation with ADOT&PF
for Tongass Narrows Project and issued a Biological Opinion with the
FHA as an
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action agency. Reinitiation of formal consultation was required to add
NMFS Permits and Conservation Division as an action agency and to
analyze changes to the action that were not considered in the February
2019 opinion (PCTS# AKR-2018-9806/ECO# AKRO-2018-01287). The original
opinion considered the effects of only one project component being
constructed at a time and did not analyze potential effects of
concurrent pile driving which may cause effects to the listed species
that were not considered in the original opinion; therefore,
reinitiation of formal consultation was required.
NMFS' Alaska Region issued a revised Biological Opinion to NMFS'
Office of Protected Resources on December 19, 2019 which concluded that
issuance of the Phase 1 and Phase 2 IHAs to ADOT&PF is not likely to
jeopardize the continued existence of Mexico DPS humpback whales.
Authorization
NMFS has issued an IHA to ADOT&PF for in-water construction
activities associated with the specified activity from March 1, 2022,
through February 28, 2023. All previously described mitigation,
monitoring, and reporting requirements from the initial Phase 2 IHA are
incorporated.
Dated: February 25, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-04450 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 3, 2022.
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