Notice2025-01448
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Trident Seafoods Bunkhouse Dock Replacement Project, Kodiak, 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
January 22, 2025
Effective
March 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Trident Seafoods Corporation (Trident) 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 six species of marine mammals, by Level B harassment only, incidental to construction associated with the Bunkhouse Dock replacement project in Kodiak, Alaska. The project has been delayed and none of the work covered in the initial IHA has been conducted. 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 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7660-7661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01448]
[[Page 7660]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE517]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Trident Seafoods Bunkhouse Dock
Replacement Project, Kodiak, 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 Trident Seafoods Corporation
(Trident) 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 six species of marine
mammals, by Level B harassment only, incidental to construction
associated with the Bunkhouse Dock replacement project in Kodiak,
Alaska. The project has been delayed and none of the work covered in
the initial IHA has been conducted. 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: The initial IHA was effective from March 1, 2024, through
February 28, 2025. Trident has requested re-issuance with new effective
dates of March 1, 2025, through February 28, 2026.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to Trident, Trident'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/action/incidental-take-authorization-trident-seafoods-corporation-bunkhouse-dock-replacement">https://www.fisheries.noaa.gov/action/incidental-take-authorization-trident-seafoods-corporation-bunkhouse-dock-replacement</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, 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 March 12, 2024, NMFS published final notice of our issuance of
an IHA authorizing take of marine mammals incidental to the Bunkhouse
Dock replacement project in Kodiak, Alaska (89 FR 17820). The effective
dates of that IHA were March 1, 2024, through February 28, 2025. On
November 6, 2024, Trident informed NMFS that the project was delayed.
None of the work identified in the initial IHA (e.g., pile driving and
removal) has occurred. Trident submitted a request that we reissue an
identical IHA that would be effective from March 1, 2025, through
February 28, 2026, in order to conduct the construction work that was
analyzed and authorized through the previously issued 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 IHA.
The purpose of Trident's construction project is to remove the
degraded dock and replace it with a new structure to provide safe
housing and waterfront infrastructure for seafood processing. The
location, timing, and nature of the activities, including the types of
equipment planned for use, are within scope of 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 humpback whale (Megaptera novaeangliae), killer whale, (Orcinus
orca), Dall's porpoise (Phocoenoides dalli), harbor porpoise (Phocoena
phocoena), 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 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,
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
initial 2024 IHA for Trident's construction work (89 FR 17820, March
12, 2024), Trident's application, the Federal Register notice of the
proposed IHA (88 FR 88874, December 26, 2023), and all associated
references and documents.
Determinations
Trident will conduct activities as analyzed in the initial 2024
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
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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 2025 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 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) Trident'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 NAO 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
Section 7(a)(2) of the Endangered Species Act (ESA) 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, in this case with the NMFS'
Alaska Regional Office (AKRO).
NMFS is authorizing take of the Mexico-North Pacific distinct
population segment (DPS) of humpback whale, and the western DPS of the
Steller sea lion, which are listed as threatened or endangered under
the ESA. The NMFS AKRO issued a Biological Opinion under section 7 of
the ESA on the issuance of an IHA to Trident under section 101(a)(5)(D)
of the MMPA by NMFS OPR. The biological opinion concluded that the
action is not likely to jeopardize the continued existence of the
listed species.
Authorization
NMFS has issued an IHA to Trident for in-water construction
activities associated with the specified activity from March 1, 2025,
through February 28, 2026. All previously described mitigation,
monitoring, and reporting requirements from the initial 2024 IHA are
incorporated.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01448 Filed 1-21-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 22, 2025.
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