Notice2025-09073
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Lutak Dock Replacement Project, Haines, 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
May 21, 2025
Effective
June 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Haines Borough for the reissuance 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 A and Level B harassment, incidental to construction activities associated with the Lutak Dock Replacement project in Haines, 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 June 1, 2024 through May 31, 2025. The Haines Borough has requested reissuance with new effective dates of June 1, 2025 through May 31, 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 90 Issue 97 (Wednesday, May 21, 2025)</title>
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[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Notices]
[Pages 21756-21757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09073]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE878]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Lutak Dock Replacement Project,
Haines, 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 Haines Borough for the
reissuance 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 A and Level
B harassment, incidental to construction activities associated with the
Lutak Dock Replacement project in Haines, 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 June 1, 2024 through
May 31, 2025. The Haines Borough has requested reissuance with new
effective dates of June 1, 2025 through May 31, 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 June 1, 2025 through May
31, 2026.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to Haines Borough, the Haines Borough'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-haines-boroughs-lutak-dock-replacement-project-haines-alaska">https://www.fisheries.noaa.gov/action/incidental-take-authorization-haines-boroughs-lutak-dock-replacement-project-haines-alaska</a>. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, 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 February 16, 2024, NMFS published final notice of our issuance
of an IHA authorizing take of marine mammals incidental to the Lutak
Dock Replacement project in Haines, Alaska (89 FR 12306). The effective
dates of that IHA were June 1, 2024 through May 31, 2025. On March 18,
2025, Haines Borough 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. The request was for NMFS to reissue
an identical IHA that would be effective from June 1, 2025 through May
31, 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.
Haines Borough will encapsulate the existing Lutak Dock structure
with a new dock structure of similar design. In-water construction
activities associated with the project will include impact pile
driving, vibratory pile driving and removal, and down the hole drilling
installation. 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 humpback whale (Megaptera novaeangliae), killer whale (Orcinus
orca), harbor porpoise (Phocoena phocoena), Dall's porpoise
(Phocoenoides dalli), 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
[[Page 21757]]
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. NMFS determined that no new information is available that
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 Haines Borough's construction work (89 FR 12306,
February 16, 2024), Haines Borough's application, the Federal Register
notice of the proposed IHA (88 FR 78310, November 15, 2023), and all
associated references and documents.
Determinations
Haines Borough 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 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
analyses 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) Haines
Borough'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 ensure 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 February 6, 2024, 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 Haines Borough for in-water construction
activities associated with the specified activity from June 1, 2025
through May 31, 2026. All previously described mitigation, monitoring,
and reporting requirements from the initial 2024 IHA are incorporated.
Dated: May 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-09073 Filed 5-20-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 21, 2025.
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