Notice2025-15334
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferndale Refinery Dock Maintenance and Pile Replacement Project Activities in Ferndale, 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
August 13, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to Phillips 66 to incidentally harass marine mammals incidental to Ferndale Refinery Dock Maintenance and Pile Replacement Project Activities in Ferndale, Washington.
Full Text
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<title>Federal Register, Volume 90 Issue 154 (Wednesday, August 13, 2025)</title>
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[Federal Register Volume 90, Number 154 (Wednesday, August 13, 2025)]
[Notices]
[Pages 38954-38958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15334]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF095]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ferndale Refinery Dock Maintenance
and Pile Replacement Project Activities in Ferndale, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal of incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to Phillips 66 to incidentally harass marine mammals incidental
to Ferndale Refinery Dock Maintenance and Pile Replacement Project
Activities in Ferndale, Washington.
DATES: This renewal IHA is valid from August 9, 2025 until August 8,
2026.
ADDRESSES: Electronic copies of the original application, renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these documents, please call the
contact listed below.
FOR FURTHER INFORMATION CONTACT: Jennifer Gatzke, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Section 101(a)(5)(A) and (D) of the 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 promulgated or, if the taking is limited to harassment, an
incidental harassment authorization 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 such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). 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 NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned, or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On August 9, 2024, NMFS issued an IHA to Phillips 66 to take marine
mammals incidental to construction activities at the Ferndale Refinery
Dock in Ferndale, Washington (89 FR 66057; August 14, 2024), effective
from August 9, 2024 through August 8, 2025.
On May 29, 2025, NMFS received an application for the renewal of
that initial IHA. Phillips 66 submitted a revised version on June 5,
2025, which was deemed adequate and complete. As described in the
application for renewal, the activities for which incidental take was
requested are nearly identical to those covered in the initial
authorization. As required, the
[[Page 38955]]
applicant also provided a monitoring report (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-phillips-66-cos-ferndale-refinery-dock-maintenance-and-pile">https://www.fisheries.noaa.gov/action/incidental-take-authorization-phillips-66-cos-ferndale-refinery-dock-maintenance-and-pile</a>), which confirms
that the applicant has implemented the required mitigation and
monitoring, and which also shows that no impacts of a scale or nature
not previously analyzed or authorized have occurred as a result of the
activities conducted. The report indicates that harbor porpoise (10
animals) and harbor seal (7 animals) were the only species sighted
within the estimated zones, and at far fewer numbers than estimated
(447 and 157 respectively). The notice of the proposed renewal IHA was
published on July 21, 2025 (90 FR 34240), beginning a supplementary 15-
day comment period.
Description of the Specified Activities and Anticipated Impacts
The purpose of the project is to strengthen the existing timber and
steel pier that has long served as a petroleum loading facility, and
replace it with a new steel structure that meets current industry best
practices. The continuing project will require vibratory pile
installation and is expected to take 15 intermittent days between
August 1, 2025 and October 31, 2025, since marine conditions are
expected to be relatively calm during this period. This IHA renewal
will be valid for a period of 1 year from August 9, 2025, through
August 8, 2026.
The planned work is nearly identical to the activities analyzed for
this IHA and the same monitoring plan will be implemented during pile
driving to minimize impacts to marine mammals in the project area.
Relative to the initial construction plans, there are 54 piles of 116
remaining to drive. Phillips 66 also requested a minor change to add 4
additional piles to the project to complete all pile driving work on
the causeway (58 piles total). These additional piles incorporate the
maintenance of a foam building for fire suppression into the current
approved Joint Aquatic Resources Permit Application for the causeway
maintenance. NMFS reviewed the plan for the additional four piles at
the terminal end of the dock and determined that it would not change
our original analysis.
The additional piles are of the same size and materials, requiring
only 48 minutes of additional vibratory driving time to complete
installation. NMFS has determined that the amount of take authorized
through this renewal IHA is sufficient to cover any marine mammal take
likely to result from this insignificant incremental increase in pile
driving activity.
A detailed description of the demolition and construction
activities for which take is authorized may be found in the notices of
the proposed and final IHAs for the initial authorization (89 FR 53046,
June 25, 2024; 89 FR 66057, August 14, 2024; 90 FR 34240, July 21,
2025). The location, timing, and nature of the activities, including
the types of equipment planned for use, are nearly identical to those
described in the previous notices. The activities are nearly identical,
but are a subset of the initial work, except for the minor change of
the addition of the four support piles.
Potential Effects on Marine Mammals and Their Habitat
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the Federal Register
notices of the proposed IHA for the initial authorization (89 FR 53046,
June 25, 2024). NMFS has reviewed the monitoring data from the initial
IHA, recent stock assessment reports (SARs), information on relevant
unusual mortality events, and other scientific literature, and
determined there is no new information that affects our initial
analysis of impacts on marine mammals and their habitat. As noted in
table 1, the 2024 NMFS Draft SARs lists the minimum population estimate
(Nmin) for the Eastern North Pacific Southern Resident stock of killer
whales as increased from 73 to 75 animals (NMFS 2024). No incidental
take is here authorized for this species, and this does not change our
initial analysis.
Table 1--Species for Which Take Could Occur in the Project Area
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ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
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Order Artiodactyla--Cetacea--Mysticeti (baleen whales)
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Family Balaenopteridae (rorquals):
Humpback Whale.................. Megaptera novaeangliae. Central America/ E, D, Y 1,494 (0.171, 1,284, 3.5 14.9
Southern Mexico--CA/OR/ 2021).
WA.
Humpback Whale.................. Megaptera novaeangliae. Mainland Mexico--CA/OR/ T, D, Y 3,477 (0.101, 3,185, 43 22
WA. 2018).
Humpback Whale.................. Megaptera novaeangliae. Hawaii................. -, -, N 11,278 (0.56, 7,265, 127 27.09
2020).
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Odontoceti (toothed whales, dolphins, and porpoises)
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Family Delphinidae:
Killer Whale.................... Orcinus orca........... Eastern North Pacific E, D, Y 75 (N/A, 75, 2024) \4\ 0.13 0
Southern Resident.
Killer Whale.................... Orcinus orca........... West Coast Transient... -, -, N 349 (N/A, 349, 2018).. 3.5 0.4
Family Phocoenidae (porpoises):
Harbor porpoise................. Phocoena phocoena...... Washington Inland -, -, N 11,233 (0.37, 8,308, 66 >=7.2
Waters. 2015).
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Order Carnivora--Pinnipedia
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Family Otariidae (eared seals and
sea lions):
California Sea Lion............. Zalophus californianus. U.S.................... -,-; N 257,606 (N/A, 233,515, 14,011 >321
2014).
Steller Sea Lion................ Eumetopias jubatus..... Eastern................ -,-; N 36,308 (N/A, 36,308, 2,178 93.2
2022).
Family Phocidae (earless seals):
[[Page 38956]]
Harbor Seal..................... Phoca vitulina......... Washington Northern -, -, N 16,451 (0.07, 15,462, 928 40
Inland Waters. 2019).
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\1\ Information on the classification of marine mammal species follows The Society for Marine Mammalogy's Committee on Taxonomy (<a href="https://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>). Endangered Species Act (ESA) status: Endangered (E),
Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA.
Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds Potential Biological Removal (PBR) or which is
determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a> assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, vessel strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
\4\ NMFS Draft 2024 SARs available with updated number for Eastern North Pacific Southern Resident Killer whales.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notice of the proposed IHA for the initial authorization (89 FR 53046,
June 25, 2024). Specifically, the source levels, days of operation
(reduced to 15 days in this renewal), and marine mammal density/
occurrence data applicable to this authorization remain unchanged from
the previously issued IHA. The number of takes authorized is based on
the subset of activities to be completed under this renewal IHA, and
therefore represents a proportion of the initial authorized takes.
These takes reflect the estimated remaining number of days of work and
number of piles to be driven. Estimated take by Level B harassment for
the renewal was calculated using the same methodology as in the initial
proposed and final IHAs (89 FR 53046, June 25, 2024; 89 FR 66057,
August 14, 2024). Similarly, the stocks taken, methods of take, and
types of take remain unchanged from the previously issued IHA. The
number of takes, reduced to a subset of the initial IHA (smaller number
of piles and days pile driving), are indicated below in table 2.
Table 2--Authorized Take of Marine Mammals by Level B Harassment by Species, Stock/Region, Abundance, Density,
and Percent of Take by Stock for 15 Days of Pile Driving
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Proposed
Stock (region Stock Density Total take as
Common name characterized) abundance (animals/km\2\) proposed percentage
take of stock
----------------------------------------------------------------------------------------------------------------
Harbor porpoise.................. Washington Inland 11,233 2.16 192 1.71
Waters (North Puget
Sound).
Steller sea lion................. Eastern U.S. (North 36,308 0.0027 15 0.03
Puget Sound/San
Juan Islands
(Fall)).
California sea lion.............. U.S. (North Puget 257,606 0.0179 45 0.02
Sound/San Juan
Islands (Fall).
Harbor seal...................... Washington Northern 16,451 0.76 67 0.61
Inland (North Puget
Sound/San Juan
Islands (Fall)).
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On October 24, 2024, NMFS published (89 FR 84872) its final Updated
Technical Guidance (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools</a>), which includes updated thresholds and weighting
functions to inform auditory injury estimates and is replacing the 2018
Technical Guidance referenced in the notices of the proposed and final
IHAs for the initial authorization (89 FR 53046, June 25, 2024; 89 FR
66057, August 14, 2024). In consideration of the best available
science, NMFS conducted calculations using the 2024 Updated Technical
Guidance and NMFS optional user spreadsheet, using the source levels
and spreadsheet inputs provided in the notices for the proposed and
final IHAs (89 FR 53046, June 25, 2024; 89 FR 66057, August 14, 2024),
for the purpose of understanding how Level A harassment (auditory
injury) zones might change from the initial IHA. The updated marine
mammal hearing groups and updated thresholds can be found in tables 3
and 4.
Table 3--Marine Mammal Hearing Groups
[NMFS 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
[[Page 38957]]
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on approximately 65 decibel (dB) threshold from composite
audiogram, previous analysis in NMFS 2018, and/or data from Southall
et al. 2007; Southall et al. 2019. Additionally, animals are able to
detect very loud sounds above and below that ``generalized'' hearing
range. Hertz (Hz) and kilohertz (kHz).
Table 4--Onset of Auditory Injury (AUD INJ)
[NMFS 2024]
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AUD INJ onset thresholds * (received level)
Hearing group -------------------------------------------------------------------------
Impulsive Non-impulsive
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Low-Frequency (LF) Cetaceans.......... Cell 1: L,0-pk,flat: 222 Cell 2: LE,,LF,24h: 197 dB.
dB; LE,,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans......... Cell 3: L,0-pk,flat: 230 Cell 4: LE,,HF,24h: 201 dB.
dB; LE,,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans... Cell 5: L,0-pk,flat: 202 Cell 6: LE,,VHF,24h: 181 dB.
dB; LE,,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater).... Cell 7: L,0-pk,flat: 223 Cell 8: LE,,PW,24h: 195 dB.
dB; LE,,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater)... Cell 9: L,0-pk,flat: 230 Cell 10: LE,,OW,24h: 199 dB.
dB; LE,,OW,24h: 185 dB.
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* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L,0-pk) has a reference value of 1 micropascal ([micro]Pa), and weighted
cumulative sound exposure level (LE,) has a reference value of 1 [micro]Pa\2\s. In this Table, thresholds are
abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017). The
subscript ``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within
the generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with
cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function
(LF, HF, and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours.
The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e.,
varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to
indicate the conditions under which these thresholds will be exceeded.
When using the 2024 Updated Technical Guidance and the NMFS
optional user spreadsheet (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools</a>), the estimated Level A harassment zone sizes
remain functionally the same as those in the initial IHA, and are
consistent with the intent of the measures prescribed through the
initial IHA.
Table 5--Shutdown and Harassment Zones
[Meters (m)]
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone
Pile size, type, and method ------------------------------------------------ Level B harassment
High-frequency Phocid Otariid zone
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20-in (51 cm) steel vibratory............... 10 10 10 1,585
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Description of Mitigation, Monitoring, and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial proposed IHA, and the discussion of the least practicable
adverse impact included in that document remains accurate (89 FR 53046,
June 25, 2024; 89 FR 66057, August 14, 2024). The following measures
apply to this renewal:
(a) The holder must employ protected species observers (PSOs) and
establish monitoring locations. The holder must monitor the project
area to the maximum extent possible based on the required number of
PSOs, required monitoring locations, and environmental conditions.
(b) Monitoring must take place from 30 minutes prior to initiation
of pile driving activity (i.e., pre-start clearance monitoring) through
30 minutes post-completion of pile driving activity.
(c) Pre-start clearance monitoring must be conducted during periods
of visibility sufficient for the lead PSO to determine that the
shutdown zones are clear of marine mammals. Pile driving may commence
following 30 minutes of observation when the determination is made that
the shutdown zones are clear of marine mammals.
(d) If a marine mammal is observed entering or within the shutdown
zones, pile driving activity must be delayed or halted. Pile driving
must be commenced or resumed as described in condition 4(e) of this
IHA.
(e) If pile driving is delayed or halted due to the presence of a
marine mammal, the activity may not commence or resume until either the
animal has voluntarily exited and been visually confirmed beyond the
shutdown zone, or 15 minutes have passed without re-detection of the
animal.
(f) Specific measures for avoiding take of killer whales and
humpback whales:
(i) Prior to the start of pile driving activities each day, the
Holder must
[[Page 38958]]
contact the Orca Network to obtain the latest sightings information for
killer whales and humpback whales.
(ii) The holder must delay or halt pile driving activities if
Southern Resident Killer Whale (SRKW), unidentified killer whale (i.e.
transient), or humpback whales are sighted within the vicinity of the
project area and are approaching the Level B harassment zones during
in-water activities.
(iii) If a SRKW, unidentified killer whale, or humpback whale
enters the Level B harassment zone undetected, in-water pile driving
must be suspended immediately upon detection and must not resume until
the animal exits the Level B harassment zone or 15 minutes have passed
without re-detection of the animal.
(g) Pile driving activity must be halted (as described in condition
4(d) of initial IHA) upon observation of either a species for which
incidental take is not authorized or a species for which incidental
take has been authorized but the authorized number of takes has been
met, entering or within the harassment zone.
(h) The Holder, construction supervisors and crews, PSOs, and
relevant Phillips 66 staff must avoid direct physical interaction with
marine mammals during construction activity. If a marine mammal comes
within 10 m of such activity, operations must cease and vessels must
reduce speed to the minimum level required to maintain steerage and
safe working conditions, as necessary to avoid direct physical
interaction.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to Phillips 66
was published in the Federal Register on July 21, 2025 (90 FR 34240).
That notice either described, or referenced descriptions of, the
Phillips 66's activity, the marine mammal species that may be affected
by the activity, the anticipated effects on marine mammals and their
habitat, estimated amount and manner of take, and proposed mitigation,
monitoring, and reporting measures. NMFS received no public comments.
Determinations
The proposed action is nearly identical to that of the initial
authorization in terms of effects. The minor change of four additional
piles does not modify our findings. The same marine mammals are
affected, and the potential effects and estimated take are a subset of
the initial IHA. Mitigation and monitoring remain the same as the
initial authorization. When considering the updated NMFS acoustic
guidance (NMFS, 2024), Level A harassment shutdown zone sizes remain
comparable to those of the initial IHA, functionally resulting in no
changes.
With a subset of estimated take, the extensive analysis, as well as
the associated findings included in the prior documents remain
applicable. We found that the previous IHA had a negligible impact, and
with the issuance of a renewal, the taking would be small relative to
population size.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis 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;
(4) Phillip 66'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; and (5) appropriate
monitoring and reporting requirements are included.
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 a renewal
IHA) with respect to potential impacts 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
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 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 renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA) of 1973 (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 whenever we propose to authorize take for
endangered or threatened species. No incidental take of ESA-listed
species is authorized for this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Renewal
NMFS has issued a renewal IHA to Phillips 66 for the take of marine
mammals incidental to conducting Ferndale Refinery Dock Maintenance and
Pile Replacement Project Activities in Ferndale, Washington, for 1 year
from August 9, 2025 through August 8, 2026.
Dated: August 8, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-15334 Filed 8-12-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 13, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.