Notice2025-13881
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Hydaburg Seaplane Base Refurbishment Project in Hydaburg, Alaska
Primary source
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Published
July 24, 2025
Effective
September 15, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Alaska Department of Transportation and Public Facilities (DOT&PF) 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 nine species of marine mammals by Level A and Level B harassment incidental to construction associated with the Hydaburg Seaplane Base Refurbishment Project in Hydaburg, 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 140 (Thursday, July 24, 2025)</title>
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[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34849-34850]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13881]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE983]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Hydaburg Seaplane Base
Refurbishment Project in Hydaburg, 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 Alaska Department of
Transportation and Public Facilities (DOT&PF) 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
nine species of marine mammals by Level A and Level B harassment
incidental to construction associated with the Hydaburg Seaplane Base
Refurbishment Project in Hydaburg, 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 September 15, 2024, through
September 14, 2025. This authorization is effective for one year from
the date of notification by the IHA-holder, not to exceed one year from
the date of issuance (July 17, 2025).
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to the DOT&PF, the DOT&PF'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/alaska-department-transportation-and-public-facilities-hydaburg-seaplane-base-refurbishment">https://www.fisheries.noaa.gov/action/alaska-department-transportation-and-public-facilities-hydaburg-seaplane-base-refurbishment</a>. In case of problems accessing these documents, please
call the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) directs 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 January 9, 2024, NMFS published final notice of our issuance of
an IHA authorizing take of marine mammals incidental to the Hydaburg
Seaplane Base refurbishment project (89 FR 1066, January 9, 2024). The
effective dates of that IHA were September 15, 2024, through September
14, 2025. On June 3, 2025, the DOT&PF informed NMFS that the project
was delayed due to scheduling constraints and funding availability.
None of the work identified in the initial IHA (e.g., pile driving and
removal) has occurred. The DOT&PF submitted a request that we reissue
an identical IHA 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. The proposed IHA would be valid
for the statutory maximum of 1 year from the date of effectiveness, and
will become effective upon written notification from the applicant to
NMFS, but not beginning later than 1 year from the date of issuance or
extending beyond 2 years from the date of issuance.
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.
DOT&PF, in cooperation with the Federal Aviation Administration, is
planning maintenance improvements to the existing Hydaburg Seaplane
Base as part of the Hydaburg Seaplane Base Refurbishment Project. The
existing facility has experienced deterioration in recent years, and
DOT&PF has conducted several repair projects. The facility is near the
end of its useful life, and replacement of the existing float
structures is required to continue safe operation in the future. The
in-water portion of the project would include the removal of five
existing steel piles and installation of eight permanent steel piles to
support replacement of the floating dock structure. Up to 10 temporary
steel piles would be installed to support permanent pile installation
and would be removed following completion of permanent pile
installation. Activities included as part of the project with potential
to affect marine mammals include vibratory removal, down-the-hole
installation, and vibratory and impact installation of steel pipe
piles. The location, timing, and nature of the activities, including
the types of equipment planned for use, are identical 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
[[Page 34850]]
humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera
acutorostrata), killer whale (Orcinus orca), Pacific white-sided
dolphin (Lagenorhynchus obliquidens), Dall's porpoise (Phocoenoides
dalli), harbor porpoise (Phocoena phocoena), Steller sea lion
(Eumetopias jubatus), harbor seal (Phoca vitulina), and northern
elephant seal (Mirounga angustirostris). 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 the DOT&PF's construction work (89 FR 1066,
January 9, 2024), the DOT&PF's application, the Federal Register notice
of the proposed IHA (88 FR 45774, July 17, 2023), and all associated
references and documents.
Determinations
The DOT&PF 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 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) the DOT&PF'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.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations 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 that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this reissued IHA.
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.
There is one marine mammal species (Mexico DPS humpback whales)
with confirmed occurrence in the project area that is listed as
threatened under the ESA. AKRO issued a biological opinion on December
19, 2023, under section 7 of the ESA, on the issuance of an IHA to the
DOT&PF under section 101(a)(5)(D) of the MMPA by the NMFS Office of
Protected Resources. The biological opinion concluded that the proposed
action is not likely to jeopardize the continued existence of Mexico
DPS humpback whales, and this remains valid for the reissued IHA.
Authorization
NMFS has issued an IHA to the DOT&PF for in-water construction
activities associated with the specified activity, effective for one
year from the date of effectiveness. All previously described
mitigation, monitoring, and reporting requirements from the initial
2024 IHA are incorporated.
Dated: July 18, 2025.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-13881 Filed 7-23-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 24, 2025.
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