Notice2024-08583
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of Nome Modification Project in Nome, 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 23, 2024
Effective
May 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Army Corps of Engineers (USACE) for the reissuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of 10 species of marine mammals, by Level B harassment only, incidental to construction activities associated with the Port of Nome Modification Project in Nome, Alaska. The project has been delayed by 1 year and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from May 1, 2024 through April 30, 2025. USACE has requested reissuance with new effective dates of May 1, 2025 through April 30, 2026. 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 89 Issue 79 (Tuesday, April 23, 2024)</title>
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[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30322-30324]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08583]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD835]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Port of Nome Modification
Project in Nome, 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 U.S. Army Corps of
Engineers (USACE) for the reissuance of a previously issued incidental
harassment authorization (IHA) with the only
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change being effective dates. The initial IHA authorized take of 10
species of marine mammals, by Level B harassment only, incidental to
construction activities associated with the Port of Nome Modification
Project in Nome, Alaska. The project has been delayed by 1 year and
none of the work covered in the initial IHA has been conducted. The
initial IHA was effective from May 1, 2024 through April 30, 2025.
USACE has requested reissuance with new effective dates of May 1, 2025
through April 30, 2026. 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 May 1, 2025 through April
30, 2026.
ADDRESSES: An electronic copy of the final 2023 IHA previously issued
to USACE, the USACE's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<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
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Leah Davis, 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 September 7, 2023, NMFS published final notice of our issuance
of an IHA authorizing take of marine mammals incidental to the Port of
Nome Modification Project in Nome, Alaska (88 FR 61806). The effective
dates of that IHA were May 1, 2024 through April 30, 2025. On March 4,
2024, USACE informed NMFS that the project would be delayed by one
year. None of the work identified in the initial IHA (e.g., pile
driving and removal) has occurred. USACE subsequently submitted a
request on March 18, 2024 for NMFS to reissue an identical IHA that
would be effective from May 1, 2025 through April 30, 2026, in order to
conduct the construction work that was analyzed and authorized through
the previously issued IHA. Therefore, reissuance 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 City of Nome and USACE are proposing to expand the Port of Nome
to provide much-needed additional capacity to serve the Arctic as well
as to alleviate congestion at the existing port facilities. This IHA
would authorize take associated with Year 1 of Phase 1 of the project
only. The location, timing, and nature of the activities, including the
types of equipment planned for use, are identical to 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 bowhead whale (Balaena mysticetus), minke whale (Balaenoptera
acutorostrata), gray whale (Eschrichtius robustus), killer whale
(Orcinus orca), harbor porpoise (Phocoena phocoena), beluga whale
(Delphinapterus leucas), Steller sea lion (Eumetopias jubatus), spotted
seal (Phoca largha), ringed seal (Pusa hispida), ribbon seal
(Histriophoca fasciata), bearded seal (Erignathus barbatus). 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 (SAR), information on
relevant Unusual Mortality Events, and recent scientific literature.
While the bowhead whale (Western Arctic stock) stock assessment
information was updated in the draft 2023 SAR, NMFS 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 2023 IHA for the USACE's construction work (88 FR 61806,
September 7, 2023), USACE's application, the Federal Register notice of
the proposed IHA (88 FR 27464, May 2, 2023), and all associated
references and documents.
Determinations
The USACE will conduct activities as analyzed in the initial 2023
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 small numbers standards and
authorized under the initial IHA and no new information has emerged
that would change those findings. The reissued 2024 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
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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) USACE's activities will not have
an unmitigable adverse impact on taking for subsistence purposes.
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 determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this reissued IHA.
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 the Alaska Regional Office,
whenever we propose to authorize take for endangered or threatened
species.
The effects of this proposed Federal action were adequately
analyzed in NMFS' Biological Opinion for the Port of Nome Modification
Project, dated July 27, 2023, which concluded that the take NMFS
proposed to authorize through this IHA would not jeopardize the
continued existence of any endangered or threatened species or destroy
or adversely modify any designated critical habitat.
Authorization
NMFS has issued an IHA to the USACE for in-water construction
activities associated with the specified activity from May 1, 2025
through April 30, 2026. All previously described mitigation,
monitoring, and reporting requirements from the initial 2021 IHA are
incorporated.
Dated: April 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-08583 Filed 4-22-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.