[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47925-47926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22501]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ80


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Port of Anchorage Marine Terminal Redevelopment 
Project

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the Port of 
Anchorage (POA) and the U.S. Department of Transportation Maritime 
Administration (MAARD), to take four species of marine mammals 
incidental to the POA's Marine Terminal Redevelopment Project.

DATES: Effective July 15, 2009, through July 14, 2010.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits, Conservation, 
and Education Division, Office of Protected Resources,

[[Page 47926]]

National Marine Fisheries Service (NMFS), 1315 East-West Highway, 
Silver Spring, MD 20910-3225 or by telephoning one of the contacts 
listed below. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address and at the Alaska Regional Office, 222 West 7th Avenue, 
Anchorage, AK 99513.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the National Marine Fisheries Service (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 regulations are issued. Under the MMPA, the term 
``taking'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill marine mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements for monitoring and reporting of 
such taking.
    Regulations governing the taking of Cook Inlet beluga whales 
(Delphinapterus leucas), harbor porpoises (Phocoena phocoena), killer 
whales (Orcinus orca), and harbor seals (Phoca vitulina), by 
harassment, incidental to in-water pile driving were issued on July 15, 
2009 (74 FR 35136), and remain in effect until July 14, 2014. For 
detailed information on this action, please refer to that document. 
These regulations include mitigation, monitoring, and reporting 
requirements for the incidental take of marine mammals during the 
specified activity.
    Consistent with the regulations and associated rule making, NMFS 
has issued an LOA to the POA authorizing the incidental take of the 
four marine mammal species listed above that may result from in-water 
pile driving and chipping associated with the MTRP. Analysis of effects 
on those marine mammals and their availability for subsistence uses can 
be found in the final rule cited above for this action. Issuance of the 
LOA is based on a finding made in the preamble to the final rule that 
the total taking by these activities (with mitigation, monitoring, and 
reporting requirements) will have no more than a negligible impact on 
the affected species or stocks and will not have an unmitigable adverse 
impact on their availability for taking for subsistence uses. NMFS 
further finds the POA will satisfy the requirements in the regulations 
and LOA, as it has done in a prior take authorization.
    As stated in the regulations and LOA, take of marine mammals will 
be minimized through implementation of the following mitigation 
measures: (1) if a marine mammal is detected within or approaching the 
Level A or impact and vibratory pile driving Level B harassment 
isopleths (200 m, 350m and 1,300 m, respectively) prior to in-water 
pile driving or chipping, those operations shall be immediately delayed 
or suspended until the marine mammal moves outside these designated 
zones or the animal is not detected within 15 minutes of the last 
sighting; (2) in-water impact pile driving shall not occur during the 
period from two hours before low tide until two hours after low tide; 
(3) in-water piles will be driven with a vibratory hammer to the 
maximum extent possible (i.e., until a desired depth is achieved or to 
refusal) prior to using an impact hammer; (4) in-water pile driving or 
chipping shall not occur when conditions restrict clear, visible 
detection of all waters within harassment zones; (5) A ''soft start'' 
technique shall be used at the beginning of each day's in-water pile 
driving activities or if pile driving has ceased for more than one hour 
to allow any marine mammal that may be in the immediate area to leave 
before piling driving reaches full energy; (6) if a group of more than 
5 beluga whales or group with a calf is sighted within the Level B 
harassment isopleths, in-water pile driving shall be suspended; and (7) 
for operated in-water heavy machinery work other than pile driving or 
chipping (i.e., dredging, dump scowles, linetug boats used to move 
barges, barge mounted hydraulic excavators, or clamshell equipment used 
to place or remove material), if a marine mammal comes within 50 m, 
those operations will cease and vessels will reduce to the slowest 
speed practicable while still maintaining control of the vessel and 
safe working conditions.
    NMFS-approved marine mammal observers (MMOs) will be stationed at 
the port during all in-water pile driving and chipping. In addition, 
the POA and MARAD shall employ a scientific marine mammal monitoring 
team separate from the on-site MMOs to characterize beluga whale 
abundance, movements, behavior, and habitat use around the Port of 
Anchorage and observe, analyze, and document potential changes in 
behavior in response to in-water construction work. This monitoring 
team is not required to be present during all in-water pile driving 
operations but will continue monitoring one-year post in-water 
construction. The on-site MMOs and this marine mammal monitoring team 
shall remain in contact to alert each other to marine mammal presence 
when both teams are working.
    The POA and MARAD shall submit monthly reports, due the 10th of 
each month, summarizing all in-water construction activities and marine 
mammal monitoring sighting sheets. In addition, an annual report shall 
be due sixty days before expiration of the LOA. This report shall 
summarize monthly reports and any apparent long or short term impacts 
the MTRP may be having on marine mammals. This LOA will be renewed 
annually based on review of the annual monitoring report.

    Dated: September 10, 2009.
James H. Lecky,
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-22501 Filed 9-17-09; 8:45 am]
BILLING CODE 3510-22-S