Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Skagway Ore Terminal Redevelopment Project in Skagway, Alaska
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Issuing agencies
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued a modified incidental harassment authorization (IHA) to Municipality of Skagway (MOS) to incidentally harass marine mammals during construction associated with the Ore Terminal redevelopment project in Skagway, Alaska.
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36765-36770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09655]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD898]
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; issuance of a modified incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued a modified incidental harassment authorization
(IHA) to Municipality of Skagway (MOS) to incidentally harass marine
mammals during construction associated with the Ore Terminal
[[Page 36766]]
redevelopment project in Skagway, Alaska.
DATES: This modified IHA is effective from the date of issuance through
September 30, 2024.
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: <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>. In case of problems accessing these documents,
please call the contact listed below.
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 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.
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. There have been no
changes from the proposed modification.
Description of the 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 mitigation, 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
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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
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Table 2--Remaining Installation Quantities
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Quantity
Pile type and size (in) remaining
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Steel (24-in)........................................... 162
Steel (36-in)........................................... 21
Steel (48-in)........................................... 6
Temporary piles (24-in or smaller)...................... 18
------------------------------------------------------------------------
Comments and Responses
A notice of NMFS' proposal to issue a Modified IHA to the MOS was
published in the Federal Register on April 2, 2024 (89 FR 22684). That
notice described, in detail, the MOS's modified activities. In that
notice, we requested
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public input on the request for authorization described therein, our
analyses, the proposed authorization, and any other aspect of the
notice of proposed IHA modification, and requested that interested
persons submit relevant information, suggestions, and comments. This
proposed notice was available for a 15-day public comment period. NMFS
received no public comments on the proposed modification.
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 (SARs; 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 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\ 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.
[[Page 36768]]
\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 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 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 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 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 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
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Seasonal density (animals per square kilometer (km\2\)) Average
---------------------------------------------------------------- density
Species (animals per
Spring Summer Fall Winter km\2\)
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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
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\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 U.S. stock and not the MMPA depleted Western U.S. stock which
is equivalent to the ESA-listed Western Distinct Population Segment. As
per the original IHA and the Biological Opinion, we still only expect
take by Level B harassment of 3 individuals from the Western U.S. stock
and the remaining 267 from the Eastern U.S. stock.
[[Page 36769]]
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 U.S. + Western U.S............. 2 270 272 <1
Northern fur seal.............................. Pribilof Islands/eastern Pacific stock. 2 45 47 <1
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Description of Mitigation, Monitoring and Reporting Measures
The 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.
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 Mitigation, Monitoring and Reporting Measures section).
The MOS's 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 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 U.S. stock; no additional takes of the Western U.S. stock
are anticipated or authorized. There is no new information suggesting
that our initial analysis or findings should change for Steller sea
lions. Separately, the addition of take by Level A and Level B
harassment of northern fur seal is less than 0.1 percent of the total
stock and therefore this activity will not cause effects on annual
rates of recruitment or survival. We have 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
re-affirm our previous findings for Steller sea lions.
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; (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
Section 7(a)(2) of the ESA of 1973 (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.
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 determined
that the issuance of the modification of the IHA continues to qualify
to be categorically excluded from further NEPA review.
[[Page 36770]]
Authorization
NMFS has issued a modified IHA to MOS for conducting construction
activities associated with the terminal redevelopment in Skagway,
Alaska, that includes the previously explained mitigation, monitoring,
and reporting requirements.
Dated: April 30, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-09655 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>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.