Notice2024-27122
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy Maintenance Project in King County, Washington
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
November 20, 2024
Effective
July 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from BNSF Railway (BNSF) for the reissuance of two consecutive previously issued incidental harassment authorizations (IHAs) with the only change being effective dates. The initial IHAs authorized take of seven species of marine mammals incidental to construction associated with the BNSF Railway Bridge Heavy Maintenance Project.
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91692-91693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27122]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE400]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to BNSF Railway Bridge Heavy
Maintenance Project in King County, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorizations.
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SUMMARY: NMFS has received a request from BNSF Railway (BNSF) for the
reissuance of two consecutive previously issued incidental harassment
authorizations (IHAs) with the only change being effective dates. The
initial IHAs authorized take of seven species of marine mammals
incidental to construction associated with the BNSF Railway Bridge
Heavy Maintenance Project.
DATES: These authorizations are effective from July 16, 2025, to July
15, 2026, and from July 16, 2026, to July 15, 2027, respectively.
FOR FURTHER INFORMATION CONTACT: Rob Pauline, 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, an IHA is
issued.
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 the 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 the takings are set forth. The definitions
of all applicable MMPA statutory terms used above are included in the
relevant sections below and can be found in section 3 of the MMPA (16
U.S.C. 1362) and NMFS regulations at 50 CFR 216.103.
Summary of Request
On April 15, 2022, NMFS published a final notice of our issuance of
two consecutive IHAs authorizing take of marine mammals incidental to
the Bridge 6.3 Heavy Maintenance Project in King County, Washington (87
FR 22506, April 15, 2022). The effective dates of the IHAs were from
July 16,
[[Page 91693]]
2022, to July 15, 2023, for year 1 and from July 16, 2023, to July 15,
2024, for year 2. On August 3, 2023, BNSF informed NMFS that the
project would be delayed by one year and requested a reissuance of the
initial IHAs. None of the work identified in the initial IHAs (e.g.,
pile driving and removal) had occurred. Therefore, reissuance of the
two consecutive IHAs was appropriate. The IHAs were effective from
September 28, 2023, through July 15, 2024, for year 1 and from July 16,
2024, to July 15, 2025, for year 2 (88 FR 70932, October 13, 2023). On
September 20, 2024, NMFS received a notice from BNSF indicating that
work had been delayed and requesting the reissuance of identical IHAs
to be effective from July 16, 2025, to July 15, 2026, for year 1 and
from July 16, 2026, to July 15, 2027, for year 2. There is no new
information that would affect the authorized take numbers or required
mitigation, monitoring, and reporting requirements and, therefore,
reissuance is appropriate. The only change is to the effective dates.
Summary of Specified Activity and Anticipated Impacts
The planned activities, mitigation, monitoring, and reporting
requirements, authorized incidental take, and anticipated impacts on
the affected stocks are the same as those analyzed for the previously
issued IHAs.
The purpose of BNSF's Railway Bridge 6.3 Heavy Maintenance Project
is to extend the service life of the existing structure by replacing
several components of the existing movable span. The location, timing,
and nature of the activities, including the types of equipment planned
for use, are identical to those described in the initial IHAs. The
mitigation and monitoring are also as prescribed in the initial IHAs.
Species that are expected to be taken by the planned activity
include minke whale (Balaenoptera acutorostrata), common bottlenose
dolphin (Tursiops truncatus), long-beaked common dolphin (Delphinus
capensis), harbor porpoise (Phocoena phocoena), California sea lion
(Zalophus californianus), Steller sea lion (Eumetopias jubatus) and
harbor seal (Phoca vitulina). 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 documents referenced below. The
data inputs and methods of estimating take are identical to those used
in the initial IHAs. NMFS has reviewed 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 IHAs.
We refer to the documents related to the previously issued IHAs,
which include the Federal Register notice of the issuance of the
initial IHAs for BNSF's construction work (87 FR 22506, April 15,
2022), BNSF's application, the Federal Register notice of the proposed
IHAs (87 FR 4844, January 31, 2022), and all associated references and
documents. These documents may be obtained by visiting: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-bnsf-railway-railway-bridge-heavy-maintenance-project-king">https://www.fisheries.noaa.gov/action/incidental-take-authorization-bnsf-railway-railway-bridge-heavy-maintenance-project-king</a>.
Determinations
BNSF will conduct activities as analyzed in the initial IHAs. 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 two consecutive, reissued IHAs
include identical required mitigation, monitoring, and reporting
measures as the initial IHAs, 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) BNSF'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 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 determined at
the time of issuance that the IHAs qualify to be categorically excluded
from further NEPA review, and there is no new information that would
affect this determination.
Endangered Species Act
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 propose to authorize take for
endangered or threatened species.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued two consecutive IHAs to BNSF for in-water
construction activities associated with the specified activity from
July 16, 2025, to July 15, 2026, for year 1 and from July 16, 2026, to
July 15, 2027, for year 2. All previously described mitigation,
monitoring, and reporting requirements from the initial IHAs are
incorporated.
Dated: November 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-27122 Filed 11-19-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 20, 2024.
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