Notice2025-10504
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Alaska Department of Transportation and Public Facilities Angoon Ferry Terminal Modification Project in Angoon, 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
June 10, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Alaska Department of Transportation and Public Facilities (ADOT&PF) for authorization to take marine mammals incidental to the Angoon Ferry Terminal Modification Project in Angoon, Alaska.
Full Text
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<title>Federal Register, Volume 90 Issue 110 (Tuesday, June 10, 2025)</title>
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[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Pages 24385-24386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10504]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE881]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Alaska Department of
Transportation and Public Facilities Angoon Ferry Terminal Modification
Project in Angoon, 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: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to Alaska
Department of Transportation and Public Facilities (ADOT&PF) for
authorization to take marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska.
DATES: This authorization is effective for one year from the date of
effectiveness.
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/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.
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS will issue an IHA if it 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 here as ``mitigation''). NMFS must also
prescribe requirements pertaining to monitoring and reporting of such
takings. The definition of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in the MMPA and the NMFS'
implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
On March 24, 2025, a notice of NMFS' proposal to issue an IHA to
ADOT&PF for take of marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska was published in the
Federal Register (90 FR 13463). In that notice, NMFS indicated the
estimated numbers, type, and methods of incidental take proposed for
each species or stock and the mitigation, monitoring, and reporting
measures that would be required should the IHA be issued. The Federal
Register notice also included analysis to support NMFS' preliminary
conclusions and determinations that the IHA, if issued, would satisfy
the requirements of section 101(a)(5)(D) of the MMPA for issuance of
the IHA. The Federal Register notice included web links to a draft IHA
for review and other supporting documents.
No substantive comments were received during the public comment
period. There are no changes to the specified activity, the species
taken, the proposed numbers, type, or methods of take, or the
mitigation, monitoring, or reporting measures in the proposed IHA
notice. All information for species taken remains the same with one
exception. In the Description of Marine Mammals in the Area of
Specified Activities section of the Federal Register notice of the
proposed IHA (90 FR 13463, March 24, 2025), table 2 and the associated
species description inadvertently misidentified the humpback whale
stock as the Mainland Mexico-CA/OR/WA stock rather than the Mexico-
North Pacific stock. However, NMFS' analysis was based upon the
appropriate stock information for the Mexico-North Pacific stock, and
no changes to the IHA are necessary. Furthermore, no new information
that would change any of the preliminary analyses, conclusions, or
determinations in the proposed IHA notice has become available since
that notice was published and, therefore, the preliminary analyses,
conclusions, and determinations included in the proposed IHA are
considered final.
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 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. Accordingly, NMFS has determined that the
issuance of this IHA qualifies to be categorically excluded from
further NEPA review.
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, in this case with the Alaska Regional
Office.
There are two ESA-listed marine mammal species (Steller sea lion
(Western Distinct Population Segment (DPS)) and humpback whale (Mexico
[[Page 24386]]
DPS)) with confirmed occurrence in the project area. The NMFS Alaska
Regional Office Protected Resources Division issued a Biological
Opinion on June 3, 2025, under section 7 of the ESA, on the issuance of
an IHA to ADOT&PF under section 101(a)(5)(D) of the MMPA by the NMFS
Permits and Conservation Division. The Biological Opinion concluded
that the proposed action is not likely to jeopardize the continued
existence of the Western DPS of Steller sea lions and the Mexico DPS of
humpback whales, and is not likely to destroy or adversely modify
critical habitat for either species.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to ADOT&PF for
authorization to take marine mammals incidental to the Angoon Ferry
Terminal Modification Project in Angoon, Alaska.
Dated: June 5, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-10504 Filed 6-9-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 10, 2025.
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