Notice2024-06963
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Skagway Ore Terminal Redevelopment Project in Skagway, Alaska
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
On February 5, 2024, NMFS received a request from the Municipality of Skagway (MOS) to modify an incidental harassment authorization (IHA) that was issued to MOS on August 29, 2023 to take small numbers of eight species of marine mammals, by Level A and Level B harassment, incidental to the Skagway Ore Terminal redevelopment project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to modify the IHA. This modification includes changes to the amount of authorized take by Level B harassment for Steller sea lions and the addition of take by Level A and Level B harassment for the northern fur seal (Callorhinus ursinus). There are no changes to the activity, mitigation and monitoring, NMFS' findings, the effective dates of the issued IHA, or any other aspect of the IHA. NMFS will consider public comments prior to making any final decision on the requested modification of the authorization and agency responses will be summarized in the final notice of our decision.
Full Text
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<title>Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)</title>
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22684-22688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06963]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD838]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Skagway Ore Terminal
Redevelopment Project in Skagway, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed modification of an incidental harassment
authorization; request for comments.
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SUMMARY: On February 5, 2024, NMFS received a request from the
Municipality of Skagway (MOS) to modify an incidental harassment
authorization (IHA) that was issued to MOS on August 29, 2023 to take
small numbers of eight species of marine mammals, by Level A and Level
B harassment, incidental to the Skagway Ore Terminal redevelopment
project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to modify the IHA. This
modification includes changes to the amount of authorized take by Level
B harassment for Steller sea lions and the addition of take by Level A
and Level B harassment for the northern fur seal (Callorhinus ursinus).
There are no changes to the activity, mitigation and monitoring, NMFS'
findings, the effective dates of the issued IHA, or any other aspect of
the IHA. NMFS will consider public comments prior to making any final
decision on the requested modification of the authorization and agency
responses will be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than April
17, 2024.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email to <a href="/cdn-cgi/l/email-protection#256c71750b4d44574944464d4057654b4a44440b424a53"><span class="__cf_email__" data-cfemail="511805017f3930233d3032393423113f3e30307f363e27">[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 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</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: Jenna Harlacher, Office of Protected
Resources, 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, a notice of a
proposed incidental take authorization may be provided to the public
for review.
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
[[Page 22685]]
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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
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 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 has
preliminarily determined that the issuance of the proposed modification
of the IHA continues to qualify to be categorically excluded from
further NEPA review. We will review all comments submitted in response
to this notice of modification prior to concluding our NEPA process or
making a final decision on the request.
History of Request
On August 9, 2022, MOS submitted a request to NMFS requesting an
IHA for the take of small numbers of seven species of marine mammals
incidental to the Ore Terminal redevelopment project in Skagway,
Alaska. On April 18, 2023, NMFS published a Federal Register notice (88
FR 23627) for the proposed IHA. On August 29, 2023, NMFS issued an IHA
to MOS, and on September 5, 2023, NMFS published a Federal Register
notice (88 FR 60652) announcing the issuance of the IHA, which is valid
from October 1, 2023 through September 30, 2024.
On February 5, 2024, NMFS received a request from MOS to modify the
2023 IHA. MOS subsequently submitted multiple revised IHA modification
requests and submitted a final version on March 15, 2024, which NMFS
determined to be adequate and complete. In the original IHA issued to
MOS, NMFS authorized 2 takes by Level A harassment and 196 takes by
Level B harassment for Steller sea lion, and no take by Level A or
Level B harassment for northern fur seals.
MOS intended for all work to be conducted from October through
March; thus, the species densities, and therefore take requests,
proposed in the original request were focused on fall and winter
months. However, due to construction delays, construction will not be
completed by March 31, 2024, making the original densities inaccurate
for the entirety of the construction window, which is now proposed to
extend into the spring and summer months as well. Additionally, in the
initial review of species likely to be found in the action area,
northern fur seal was determined unlikely to be found here. This
species has not been previously documented in Skagway and was not
expected to appear in the project area; therefore, no take was
originally requested. However, a northern fur seal yearling was
observed by a Protected Species Observer (PSO) near the project site on
multiple occasions in January 2024, causing project shutdowns and
delays.
Therefore, the MOS is requesting a modification to the issued
authorization to add 2 takes by Level A harassment and 45 takes by
Level B harassment for northern fur seal, and to adjust take requests
based on average species densities throughout the year due to work
occurring in all seasons and, consequently, increasing authorized take
by Level B harassment to 270 for Steller sea lion.
Description of the Proposed Activity and Anticipated Impacts
The modified IHA would include the same construction activities
(impact pile driving and vibratory pile driving and removal) in the
same locations that were described in the proposed notice of the 2023
IHA (88 FR 23627, April 18, 2023). The monitoring and reporting
measures remain the same as prescribed in the initial IHA. Please see
the additional relevant documents related to the issuance of the
initial IHA, including MOS' application and the notice of issuance of
the IHA (88 FR 60652, September 5, 2023) (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-municipality-skagways-skagway-ore-terminal-redevelopment">https://www.fisheries.noaa.gov/action/incidental-take-authorization-municipality-skagways-skagway-ore-terminal-redevelopment</a>) for more
detailed description of the project activities.
Detailed Description of the Action
A detailed description of the construction activities can be found
in the aforementioned documents associated with the issuance of the
initial IHA. The location and general nature of the activities are
identical to those described in the previous documents. However, as
stated in the History of Request section, MOS will not complete
construction during their planned work window. MOS plans to continue
construction past their original construction timeline and work into
spring and summer. As of February 7, 2023, MOS conservatively estimates
that there are 128 days of construction left. Detailed pile removal and
installation quantities left can be found in table 1 and table 2.
Table 1--Remaining Pile Removal Quantities
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Quantity
Pile type and size (inches (in)) remaining
------------------------------------------------------------------------
Timber Piles............................................ 267
Steel (14-in)........................................... 12
Steel (16-in)........................................... 51
Steel (24-in)........................................... 12
Steel (28-in)........................................... 26
Temporary piles (24-in or smaller)...................... 18
------------------------------------------------------------------------
Table 2--Remaining Installation Quantities
------------------------------------------------------------------------
Quantity
Pile type and size (in) remaining
------------------------------------------------------------------------
Steel (24-in)........................................... 162
Steel (36-in)........................................... 21
Steel (48-in)........................................... 6
Temporary piles (24-in or smaller)...................... 18
------------------------------------------------------------------------
Description of Marine Mammals
A description of the marine mammals in the area of the activities
can be found in these previous documents, which remains applicable to
this modified IHA as well. In addition, NMFS has reviewed the draft
2023 Stock Assessment Reports (Young et al., 2023; available at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>), information on relevant
Unusual Mortality Events, and recent scientific literature, and
incorporated that into table 3 below.
Table 3 lists all species or stocks for which take is expected and
authorized to be authorized for this activity, and summarizes
information related to the population or stock, including regulatory
status under the MMPA and Endangered Species Act (ESA) and potential
biological removal (PBR), where known. PBR is defined by the MMPA as
the maximum number of
[[Page 22686]]
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species or
stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' Alaska Marine Mammal SARs. All values presented in table 3 are
the most recent available at the time of publication (including from
the draft 2023 SARs) and are available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 3--Species Likely Impacted by the Specified Activities
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ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
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Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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Family Balaenopteridae (rorquals):
Humpback whale.................. Megaptera novaeanglinae Hawai[revaps]i......... -,-,N 11,278 (0.56, 7,265, 127 27.09
2020).
Mexico-North Pacific... T,D,Y 918 (0.217, UNK, 2006) UNK 0.57
Minke whale..................... Balaenoptera Alaska................. -,-,N UNK................... NA 0
acutorostra.
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Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Delphinidae:
Killer whale.................... Orca orcinus........... Eastern North Pacific, -,-,N 302 (N/A, 302, 2018).. 2.2 0.2
Norther Residents,
Southeast Alaska.
Eastern North Pacific -,-,N 1,920 (N/A, 1,920, 19 1.3
Alaska Residents. 2019).
West Coast Transients.. -,-,N 349 (N/A, 349, 2018).. 3.5 0.4
Gulf, Aleutian, Bering -,-,N 587 (N/A, 587, 2020).. 5.9 0.8
Transients.
Family Phocoenidae (porpoises):
Harbor Porpoise................. Phocoena phocoena...... Northern Southeast -,-,N 1,619 (0.26, 1,250, 13 5.6
Alaska Inland Waters. 2019).
Dall's porpoise \4\............. Phocoenoides dalli..... Alaska................. -,-,N UND (UND, UND, 2015).. UND 37
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Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and
sea lions):
Steller sea lion................ Eumetopias jubatus..... Western Stock.......... E,D,Y 49,837 (N/A, 49,837, 299 267
2022).
Eastern Stock.......... -,-,N 36,308 (N/A, 36,308, 2,178 93.2
2022).
Northern fur seal............... Callorhinus ursinus.... Pribilof Island/Eastern -,D,Y 626,618 (0.2, 530,376, 11,403 373
Pacific Stock. 2019).
Family Phocidae (earless seals):
Harbor seal..................... Phoca vituline Alaska-Lynn Canal/ -,-,N 13,388 (N/A, 11,867, 214 50
richardii. Stephens Passage. 2016).
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\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
\4\ Previous abundance estimates covering the entire stock's range are no longer considered reliable and the current estimates presented in the SARs and
reported here only cover a portion of the stock's range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of
the stock's range. PBR is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for
the entire stock's range.
We have preliminarily determined that no new information affects
our original analysis of impacts under the initial IHA. However, as
stated above, MOS is requesting to add take by Level A and Level B
harassment of northern fur seal. This species was not previously
documented in Skagway and was not expected to appear in the project
area; therefore, no take was originally requested or authorized in the
initial IHA. However, a northern fur seal yearling has been observed
near the project site on multiple occasions in January 2024.
Northern Fur Seal
Northern fur seals primarily inhabit open ocean and rocky or sandy
beaches on islands for resting, reproduction, and molting (NOAA 2022a).
Non-breeding northern fur seals may occasionally haul out on land at
other sites in Alaska, British Columbia, and on islets along the west
coast of the United States (Fiscus, 1983). During the reproductive
season, adult males usually are on shore during the 4-month period from
May to August, although some may be present until November. Adult
females are on
[[Page 22687]]
shore during a 6-month period, June to November. Following their
respective times ashore, Alaska northern fur seals of both sexes then
move south and remain at sea until the next breeding season (Roppel
1984). In Alaska, pups are born during summer months and leave the
rookeries in the fall, on average around mid-November but ranging from
late October to early December. Alaska northern fur seal pups generally
remain at sea for 22 months (Kenyon and Wilke 1953). There is no
relevant site-specific information on northern fur seals in the project
area other than the two sightings of one individual in January 2024 by
PSOs.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the final IHA, which remains applicable to the modification
of the IHA. NMFS is not aware of new information regarding potential
effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take for the specified activity are found in the previous
notice (88 FR 60652, September 5, 2023). The types and sizes of piles,
ensonified areas and source levels, methods of pile driving, and
methods for calculating take remain unchanged from the IHA.
The proposed modification addresses the updated species densities
to accommodate work in spring and summer, which would result in
increased take by Level B harassment of Steller sea lions. The proposed
modification includes work in spring and summer seasons, which were not
previously included in the IHA. Therefore, in this modification MOS
uses the same density methodology for take calculations but using an
annual average density for each species (see revised species densities
in table 4). Additionally, this proposed modification adds take by both
Level A and Level B harassment for northern fur seal, which were not
previously expected to be in the project area. The annual average
density estimate for northern fur seal is provided below utilizing the
same methodology as all other species in the original IHA.
Table 4--Density of Marine Mammal Species in the Project Area
----------------------------------------------------------------------------------------------------------------
Seasonal density (animals per square kilometer (km\2\)) Average
---------------------------------------------------------------- density
Species (animals per
Spring Summer Fall Winter km\2\)
----------------------------------------------------------------------------------------------------------------
Humpback whale.................. \1\ 0.0081 0.0117 0.018 \1\ 0.0081 0.0115
Minke whale..................... \1\ 0.0003 0.0008 0.0005 \1\ 0.0003 0.0005
Killer whale.................... 0.0153 \2\ 0.005 0.0349 \2\ 0.005 0.0151
Harbor porpoise................. \3\ 0.01 \3\ 0.01 \3\ 0.01 \3\ 0.01 0.01
Dall's porpoise................. \3\ 0.121 \3\ 0.121 \3\ 0.121 \3\ 0.121 0.121
Harbor seal..................... \4\ 1.727 0.7811 \4\ 1.727 \4\ 1.727 1.4905
Steller sea lion................ 0.2662 0.3162 0.2205 0.2662 0.2673
Northern fur seal............... 0.2763 0 0 0 0.0691
----------------------------------------------------------------------------------------------------------------
\1\ Listed density was provided for winter and spring.
\2\ Listed density was provided for winter and summer.
\3\ Listed density was annual average.
\4\ Listed density was provided for fall, winter, and spring.
MOS is requesting a modification of the previously issued
authorization to add take by Level A and Level B harassment of northern
fur seal and to adjust the take requests for other species based on
average species densities throughout the year due to work occurring in
all seasons. This consequently increases the take by Level B harassment
request for Steller sea lion (table 5). No other species take requests
are updated in this modification. Additionally, the updated take by
Level B harassment of Steller sea lions is only a modification for the
Eastern US stock and not the MMPA depleted Western US stock which is
equivalent to the listed Western DPS. As per the original IHA and the
Biological Opinion, we still only expect take by Level B harassment of
3 individuals from the Western US stock and the remaining 267 from the
Eastern US stock.
Table 5--Requested Take Amount, Per Species, Relative to Population Size
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Percent of
Stock Level A Level B Total take population
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Humpback whale................................. Hawaii................................. 2 13 15 <1
Mexico-North Pacific................... 0 1 1 <1
Minke whale.................................... Alaska................................. 2 6 8 UNK
Killer whale................................... Eastern North Pacific, Northern 2 90 92 2.57
Residents, Southeast Alaska; Eastern
North Pacific Alaska Residents; West
Coast Transients; and Gulf, Aleutian,
Bering Transients.
Harbor porpoise................................ Southeast Alaska....................... 17 75 92 8.9
Dall's porpoise................................ Alaska................................. 43 193 236 1.8
Harbor seal.................................... Alaska--Lynn Canal/Stephens Passage.... 193 2,760 2,953 22.14
Steller sea lion............................... Eastern US + Western US................ 2 270 272 <1
Northern fur seal.............................. Pribilof Islands/eastern Pacific stock. 2 45 47 <1
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[[Page 22688]]
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring and reporting measures are
identical to those included in the initial IHA and remain relevant for
this modified IHA. These can all be found in the documents supporting
the initial final IHA.
Preliminary Determinations
With the exception of the revised take numbers and addition of a
new species, the MOS's in water construction activities as well as
mitigation and reporting requirements are unchanged from those in the
initial IHA. The effects of the activity on the affected species and
stocks remain unchanged, notwithstanding the increase to the authorized
amount of Steller sea lion take by Level B harassment and addition of
take by Level A and Level B harassment of northern fur seal.
The additional takes from Level A and Level B harassment would be
due to potential behavioral disturbance, temporary threshold shift
(TTS) or permanent threshold shift (PTS). No serious injury or
mortality is anticipated given the nature of the activity and measures
designed to minimize the possibility of injury to marine mammals. The
potential for harassment is minimized through the construction method
and the implementation of the planned mitigation measures (see
Description of Proposed Mitigation, Monitoring and Reporting Measures
section).
The MOS's proposed pile driving project precludes the likelihood of
serious injury or mortality. For all species and stocks, take would
occur within a limited, confined area (within Taiya Inlet) of the
stock's range. Level A and Level B harassment would be reduced to the
level of least practicable adverse impact through use of mitigation
measures described herein. Furthermore, the amount of take proposed to
be authorized is extremely small when compared to stock abundance.
The additional 74 takes of Steller sea lion represents a minor
increase in the percent of stock taken that was authorized in the
initial IHA, and the anticipated impacts are identical to those
described in the 2023 final IHA. Additionally, this increase is only of
the Eastern US stock; no additional takes of the Western US stock are
anticipated or proposed for authorization. There is no new information
suggesting that our initial analysis or findings should change for
Steller sea lions. Separately, the addition of take proposed by Level A
and Level B harassment of northern fur seal is less than 0.1 percent of
the total stock and therefor this activity will not cause effects on
annual rates of recruitment or survival. We have preliminarily
determined that the impacts resulting from this activity are not
expected to adversely affect annual rates of recruitment or survival
for northern fur seals and we preliminarily re-affirm our previous
findings for Steller sea lions.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily 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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; and (4) MOS'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, and
(5) appropriate monitoring and reporting requirements are included.
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 whenever we plan to authorize take for
endangered or threatened species, in this case with the Alaska Regional
Office.
For the original IHA, NMFS Office of Protected Resources completed
a Section 7 consultation with the NMFS Alaska Regional Office for the
issuance of this IHA on August 23, 2023. The Alaska Regional Office's
biological opinion states that the action is not likely to jeopardize
the continued existence of the listed species. This modification of the
IHA does not modify or change any take of listed species and there for
the prior determination remains unchanged.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue a modified IHA to MOS for conducting construction activities
associated with the terminal redevelopment in Skagway, Alaska, provided
the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated. A draft of the proposed IHA can be found
at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2023 IHA), the proposed
authorization, and any other aspect of this notice of proposed
modification of the IHA for the Skagway terminal redevelopment project.
Please include with your comments any supporting data or literature
citations to help inform our final decision on the request for MMPA
authorization.
Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06963 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-22-P
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