[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55348-55353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24064]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG383
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Gustavus Ferry Terminal
Improvements Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an 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 we have issued an Incidental Harassment Authorization (IHA) to
take small numbers of animals, by Level A and Level B harassment,
incidental to the Gustavus Ferry Terminal Improvements project in
Gustavus, Alaska
DATES: The authorization is effective from December 15, 2018, through
December 14, 2019.
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application,
supporting documents, as well as the issued IHA may be obtained online
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of
problems accessing these documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the 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
[[Page 55349]]
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 incidental take authorization may be provided to the public
for review.
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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
The National Defense Authorization Act for Fiscal Year 2004
(NDAA)(Pub. L. 108-136) removed the ``small numbers'' and ``specified
geographical region'' limitations indicated above and amended the
definition of ``harassment'' as it applies to a ``military readiness
activity.'' The definitions of all applicable MMPA statutory terms
cited above are included in the relevant sections below.
History of Request
On July 31, 2015, NMFS received an application from the Alaska
Department of Transportation and Public Facilities (ADOT&PF) requesting
the take of marine mammals incidental to reconstructing the existing
Gustavus Ferry Terminal in Gustavus, Alaska. NMFS published a notice of
proposed IHA and request for comments in the Federal Register on June
23, 2016 (81 FR 40852). We subsequently published the final notice of
our issuance of the IHA on April 10, 2017 (82 FR 17209), making the IHA
effective from December 15, 2017 through December 14, 2018. In-water
work associated with the project was expected to be completed within
the one-year timeframe of the IHA. The specified activities were
expected to result in the take of seven species of marine mammals
including harbor seal (Phoca vitulina), Steller sea lion (Eumetopias
jubatus), harbor porpoise (Phocoena phocoena), Dall's porpoise
(Phocoenoides dalli), killer whale (Orcinus orca), humpback whale
(Megaptera novaeangliae), and minke whale (Balaenoptera acutorostrata).
On May 8, 2018, ADOT&PF informed NMFS that work on the project
would be postponed due to design revisions and local community
considerations and that no work would be completed under the 2017-2018
IHA. ADOT&PF requested that a new IHA be issued that would be effective
from December 15, 2018 through December 14, 2019. NMFS published a
notice of a proposed IHA and request for comments in the Federal
Register on August 9, 2018 (83 FR 39424). Under this IHA, ADOT&PF will
conduct pile driving activities between the in water work window dates
of March 1 through May 31, 2019, and September 1 through November 30,
2019. Although there were minor modifications to the work plan covered
under the issued IHA, the number of authorized takes remains unchanged
from those listed in the 2017-2018 Authorization.
Description of the Specified Activities
The 2018-2019 IHA covers the same in-water construction activities
as those covered by the 2017-2018 IHA which was issued for the
modernization of the Gustavus Ferry Terminal project. Minor revisions
have been made to the number and types of piles that will be installed
and removed. These revisions were described by NMFS in a notice of
proposed IHA and request for comments published in the Federal Register
on August 9, 2018 (83 FR 39424). Additionally, NMFS refers the reader
to the documents related to the previously issued 2017-2018 IHA for
more detailed description of the project activities. These previous
documents include the Federal Register notice of the issuance of the
2017-2018 IHA for ADOT&PF's Gustavus Ferry Terminal Improvements
project (82 FR 17209; April 10, 2017), ADOT&PF's application, the
Federal Register notice of the proposed IHA (81 FR 40852; June 23,
2016) and all associated references and documents. A detailed
description of the planned vibratory and impact pile driving activities
at the ferry terminal improvements project is found in these documents.
The description remains accurate with the exception of the minor
modifications noted below.
Differences between the 2017-2018 IHA and the issued 2018-2019 IHA
are shown in Table 1. Generally speaking, pile driving and removal will
occur over the same number of days (maximum of 50) with installation
and removal of 16 additional piles over 21 additional hours for the
2018-2019 IHA. These changes represent a 3.5 percent increase in the
number of piles installed and a 21.9 percent increase in the number of
piles removed. The duration of impact driving will remain the same
while the time spent vibratory driving will increase by 18.4 percent.
The additional time required for vibratory driving is due to the
increase in anticipated number of piles removed. Note that these
changes will have a nominal impact on the calculated Level A harassment
isopleths and no effect on Level B harassment isopleths. Therefore, the
size of the Level A harassment and Level B harassment zones remains
unchanged.
Table 1--Gustavus Ferry Pile Installation and Removal Summary
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# of piles--2017- # of piles--2018-
Pile size (Inches) 2018 IHA 2019 IHA
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30.............................. 14................ 18.
24.............................. 40................ 34 install/12
remove.
18.............................. 0................. 4 remove.
16.............................. 0................. 4 install/4
remove.
12.75........................... 3 install/16 3 install/9
remove. remove.
Total installed/total Piles. 57/73............. 59/89.
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Driving Time Duration 2017-2018 IHA 2018-2019 IHA
(hours). (hours).
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Impact Driving.................. 57................ 57.
Vibratory Driving............... 114............... 135.
Total....................... 171............... 192.
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[[Page 55350]]
A description of ADOT&PF's planned project is provided in the
Federal Register notice for proposed IHA (83 FR 39424; August 9, 2018).
Since that time, no changes have been made to the planned activities.
Therefore, a detailed description is not provided here. Please refer to
that Federal Register notice and related documents for the description
of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA was published in the
Federal Register on August 9, 2018 (83 FR 39424). That notice described
ADOT&PF's proposed activity, the marine mammal species that may be
affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, NMFS received a
single comment letter from the Marine Mammal Commission (Commission).
Specific comments from the Commission's letter and corresponding
responses are provided below.
Comment 1: The Commission wrote that in the original IHA
application submitted in 2016, ADOT&PF proposed to use 154.3 decibels
(dB) re 1 micropascal ([micro]Pa) at 10 meters (m) as the proxy source
level (SL) for vibratory pile driving of 30-inch steel piles based on
measurement of a single pile obtained at the ferry terminal in Kake,
Alaska (McGillivray et al. 2015). The Commission noted that this
measurement is much lower than other measurements obtained from
vibratory pile driving of 30-in steel piles at other locations and
lower than measurements obtained from another pile at Kake. The
Commission asserts that the primary factor affecting the source level
is the sediment composition, which at Kake consists of organic mud.
However, Starkes and Stutes (2016) stated that geotechnical reports
indicated that substrates at Kake and Gustavus differ and that
substrates at Gustavus are composed primarily of sand and silty sands.
The Commission recommended use of a mean of 166 dB re 1 [micro]Pa based
on source levels obtained at other locations where the substrates are
comprised of sand and silt rather than 157.7 dB re 1 [micro]Pa at 10 m
NMFS adopted for Gustavus. The Commission also recommends that NMFS re-
estimate the extents of the Level A and B harassment zones accordingly
and increase the numbers of marine mammal takes appropriately.
NMFS Response: As noted above, NMFS used a proxy source level of
157.7 dB re 1 [mu]Pa for vibratory driving of 30-in steel piles during
the estimated take analysis used to develop the original Gustavus IHA.
ADOT&PF will be using the same type of vibratory hammers at Gustavus as
were used at Kake while the pile types and sizes are comparable between
the two sites. NMFS does not dispute that the SL used in the Gustavus
analysis is generally lower than others that have been recorded across
various sites. However, SLs for similar piles measured at different
locations tend to cover a range of values. For example, SL measurements
from Kodiak for vibratory driving of the same size and type of pile
were even lower than those recorded at Kake, although the researchers
speculated that the low values be due to the drilling/socketing of
piles or sediment composition at Kodiak (Denes et al., 2017). For the
Gustavus analysis, NMFS elected to use a value from the lower end of
recorded ranges. In order to confirm that the SLs adopted by NMFS are
appropriate for use at Gustavus, NMFS will require ADOT&PF to conduct
sound source verification (SSV) testing. If the recorded SLs at
Gustavus are appreciably greater than those measured at Kake, ADOT&PF
will increase the shutdown and harassment zones as appropriate.
Comment 2: The Commission recommends that NMFS require ADOT&PF to
use at least three Protected Species Observers (PSO) to monitor the
full extent of the Level B harassment zone during all vibratory pile-
driving activities and ensure the numbers of animals taken are
extrapolated to the full extent of the Level B harassment zone, if
unable to be fully monitored.
NMFS Response: NMFS believes that the existing Level B harassment
zone can be adequately measured utilizing only two PSOs. The option of
adding more PSOs was discussed with ADOT&PF. NMFS suggested that PSOs
could be stationed on vessels or on nearby islands. However, due to the
frequency, severity and unpredictability of weather in Icy Passage,
ADOT&PF was reluctant to employ vessels for monitoring purposes since
the safety of PSOs could be at risk. Additionally, island-based PSOs
could be stranded on these uninhabited islands overnight, or longer, if
retrieval vessels are unable to pick up observers due to weather
conditions. NMFS concurred with these assessments. To estimate the
total number of takes, NMFS will require ADOT&PF to extrapolate
observed take numbers to cover the entire Level B harassment zone if
portions cannot be monitored effectively by PSOs.
Comment 3: The Commission recommends that NMFS (1) increase the
numbers of Level A harassment takes for harbor seals, harbor porpoises,
and Steller sea lions based on their residency patterns, social
behavior, and potential to occur within the various Level A harassment
zones and (2) reduce the size of the shutdown zone for Steller sea
lions to reduce frequency of shutdowns.
NMFS Response: NMFS discussed with ADOT&PF both increasing take of
the species listed above and reducing the size of the Steller sea lion
shutdown zone. Based on observational data collected by Gustavus, NMFS
and the applicant believe that the existing take numbers are adequate.
Note that ADOT&PF is currently required to shut down at 4 p.m., after
which Steller sea lions are known to follow charter fishing vessels to
the dock. Additionally, shutdown will occur when five or more Steller
sea lions are observed following charter fishing vessels to the dock
prior to 4 p.m. These are the conditions that would most likely result
in take of Seller sea lions. Given these requirements, ADOT&PF and NMFS
do not believe that the existing shutdown zone will result in a high
rate of shutdowns.
Comment 4: If NMFS does not follow the Commission's
recommendations, the Commission recommends that NMFS require ADOT&PF to
cease its activities if authorized take limits are met. The Commission
recommends that the authorization only be revised after a 30-day public
comment period is afforded for review of any revisions to the
authorization issued in 2018. The Commission understands that in
certain circumstances (e.g., unexpected impacts from El Ni[ntilde]o
conditions) the numbers of authorized takes may not be sufficient.
However, the Commission does not believe those types of unforeseeable
circumstances should not be treated equally to those which arise from
NMFS failing to authorize adequate numbers of takes.
NMFS Response: NMFS believes that the number of takes authorized
under this IHA is adequate to cover the action planned by ADOT&PF. As
is the case for any IHA, if take numbers for one or more authorized
species are exceeded, the applicant is required to cease in-water pile
driving activities and contact NMFS. Furthermore, NMFS is requiring
ADOT&PF to conduct SSV testing to confirm that measured sound source
levels at the action site are similar to the values that were used to
estimate take as well identify shutdown and harassment zone sizes. As
noted in the IHA, NMFS will revise shutdown and harassment zone sizes
if necessary based on SSV testing results without requiring a 30-day
comment period.
[[Page 55351]]
Comment 5: The Commission had previously recommended that NMFS make
several general improvements for pile-driving authorizations. As part
of this comment letter, the Commission indicated that NMFS should (1)
incorporate the Commission's various recommendations into its pile-
driving assessment guidance, (2) finalize that guidance in the near
term, including compiling source level data into a central database,
and (3) make such guidance available on NMFS's incidental take
authorization website.
NMFS Response: NMFS appreciates the Commission's interest in
improving pile-driving authorizations. NMFS has been developing pile-
driving guidance documents that include many of the Commission's
recommendations. As soon as draft documents have been completed, they
will be shared with the Commission. Once the guidance documents have
been finalized, they will be posted on NMFS's incidental take
authorization website, as appropriate.
Comment 6: The Commission recommends that NMFS require action
proponents to provide proposed hydroacoustic monitoring plans when
authorization applications are submitted and make those plans available
for public comment. If such plans are not provided in a timely manner,
at the very least, NMFS should provide them to the Commission for
review sufficiently in advance of issuing the final authorization.
NMFS Response: During the initial review period, NMFS requests that
applicants provide basic information regarding proposed hydroacoustic
monitoring plans as part of IHA applications. We also generally ask for
comprehensive monitoring plans for review prior to publication of the
final IHA. If NMFS has received the monitoring plan before publication
of the final IHA, it is shared with the Commission and posted to our
website. However, the MMPA does not require submission of the
monitoring plan prior to publication of the final IHA. Under these
conditions, NMFS indicates in the final IHA that a hydroacoustic
monitoring plan must be submitted to NMFS and approved prior to
initiation of the monitoring. NMFS will also share the plan with the
Commission for review in such cases.
Comment 7: The Commission recommends that NMFS, in lieu of adopting
its proposed renewal process for extending authorizations beyond their
original one-year period of validity without providing a new
opportunity for public review and comment, use abbreviated Federal
Register notices and reference existing documents to streamline the
incidental harassment authorization process. If NMFS adopts the
proposed renewal process notwithstanding the Commission's
recommendation, the Commission further recommends that NMFS provide the
Commission and the public with a legal analysis supporting its
conclusion that the process is consistent with the requirements under
section 101(a)(5)(D) of the MMPA.
NMFS Response: NMFS appreciates the streamlining achieved by the
use of abbreviated FR notices and intends to continue using them for
proposed IHAs that include minor changes from previously issued IHAs,
but which do not satisfy the renewal requirements.
We believe our method for issuing renewals meets statutory
requirements and maximizes efficiency. Importantly, such renewals would
be limited to circumstances where: The activities are identical or
nearly identical to those analyzed in the proposed IHA; monitoring does
not indicate impacts that were not previously analyzed and authorized;
and, the mitigation and monitoring requirements remain the same, all of
which allow the public to comment on the appropriateness and effects of
a renewal at the same time the public provides comments on the initial
IHA. NMFS has, however, modified the language for future proposed IHAs
to clarify that all IHAs, including renewal IHAs, are valid for no more
than one year and that the agency would consider only one renewal for a
project at this time. In addition, notice of issuance or denial of a
renewal IHA would be published in the Federal Register, as they are for
all IHAs. The option for issuing renewal IHAs has been in NMFS's
incidental take regulations since 1996. We will provide any additional
information to the Commission and consider posting a description of the
renewal process on our website before any renewal is issued utilizing
this process.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to the
issued 2018-2019 IHA as well. In addition, NMFS has reviewed recent
draft 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 under the
2017-2018 IHA.
Potential Effects on Specified Activities on Marine Mammals and Their
Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in these previous
documents, which remains applicable to the issuance of the 2018-2019
IHA. There is no new information on potential effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take is found in these previous documents. The methods of
estimating take for the 2018-2019 IHA are identical to those used in
the 2017-2018 IHA. The source levels remain unchanged from the
previously issued IHA, and NMFS' 2016 acoustic technical guidance was
used to address new acoustic thresholds in the notice of issuance of
the 2017-2018 IHA. Specifically, local observational data was used to
calculate daily take rates in the absence of density data. Since the
number of pile-driving days (50) planned for both the 2017-2018 IHA and
the 2018-2019 IHA are the same, the total estimated take projections
will be identical.
Description of Mitigation, Monitoring and Reporting Measures
A description of mitigation, monitoring, and reporting measures is
found in the previous documents, which are identical to those contained
in the 2018-2019 IHA. The following measures would apply to ADOT&PF's
mitigation requirements:
Establishment of Shutdown Zone--For all pile driving activities,
ADOT&PF will establish a shutdown zone identical to those described in
the initial Federal Register notice of issuance (82 FR 17209; April 10,
2017) The purpose of a shutdown zone is generally to define an area
within which shutdown of activity would occur upon sighting of a marine
mammal (or in anticipation of an animal entering the defined area). In
this case, shutdown zones are intended to contain areas in which sound
pressure levels (SPLs) equal or exceed acoustic injury criteria for
some authorized species, based on NMFS' acoustic technical guidance
published in the Federal Register on August 4, 2016 (81 FR 51693).
Establishment of Monitoring Zones--ADOT&PF must establish Level A
harassment zones. These zones include areas where animals may be
exposed to sound levels that could result in permanent threshold shift
(PTS). ADOT&PF will establish Level B harassment disturbance zones
which are
[[Page 55352]]
areas where SPLs equal or exceed 160 dB rms for impact driving and 120
dB rms during vibratory driving. The Level A and Level B harassment
zones are the same as those described in the initial Federal Register
notice of issuance (82 FR 17209; April 10, 2017). Observation of
monitoring zones enables observers to be aware of and communicate the
presence of marine mammals in the project area and outside the shutdown
zone and thus prepare for potential shutdowns of activity. NMFS has
established monitoring protocols, including recording the number of
animal observed in the Level A and Level B harassment zones. These
protocols are described in the Federal Register notice of the issuance
(82 FR 17209; April 10, 2017) and are based on the distance and size of
the monitoring and shutdown zones. These same protocols are contained
in this 2018-2019 IHA. Shutdown, Level A harassment and Level B
harassment zones are depicted in Table 2.
Table 2--Shutdown, Level A Harassment and Level B Harassment Isopleths Associated with Impact and Vibratory Pile
Driving
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Level B
Shutdown zone-- Level A harassment
Species impact/ harassment zone--impact/
vibratory zone--impact vibratory
(meters) (meters) (meters)
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Steller Sea Lion................................................ 25/10 n/a 2,090/3,265
Humpback whale.................................................. 550/20 n/a 2,090/3,265
Harbor Seal..................................................... 100/10 285 2,090/3,265
Harbor Porpoise................................................. 100/20 630 2,090/3,265
Killer whale.................................................... 25/10 n/a 2,090/3,265
Minke whale..................................................... 550/20 n/a 2,090/3,265
Dall's Porpoise................................................. 100/20 630 2,090/3,265
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Temporal and Seasonal Restrictions--Work may only occur during
daylight hours, when visual monitoring of marine mammals can be
conducted and all in-water construction will be limited to the periods
between March 1 and May 31, 2019, and September 1 and November 30,
2019.
Soft Start--The use of a soft-start procedure is believed to
provide additional protection to marine mammals by providing warning
and/or giving marine mammals a chance to leave the area prior to the
hammer operating at full capacity. For impact pile driving, contractors
will be required to implement soft start procedures. Soft start is not
required during vibratory pile driving and removal activities.
Visual Marine Mammal Observation--Monitoring must be conducted by
PSOs, who are trained biologists, with minimum qualifications described
in the Federal Register notice of the issuance of the 2017-2018 IHA (82
FR 17209; April 4, 2017). In order to effectively monitor the pile
driving monitoring zones, two MMOs must be positioned at the best
practical vantage point(s). If waters exceed a sea-state which
restricts the observers' ability to make observations within the
shutdown zone (e.g., excessive wind or fog), pile installation and
removal will cease. Pile driving will not be initiated until the entire
shutdown zone is visible. MMOs shall record specific information on the
sighting forms as described in the Federal Register notice of the
issuance of the 2017-2018 IHA (82 FR 17209; April 10, 2017). At the
conclusion of the in-water construction work, ADOT&PF will provide NMFS
with a monitoring report which includes summaries of recorded takes and
estimates of the number of marine mammals that may have been harassed.
Determinations
ADOT&PF plans to conduct in-water construction activities similar
to those covered in the previous 2017-2018 IHA. As described above, the
number of estimated takes of the same stocks of marine mammals is the
same as those authorized in the 2017-2018 IHA that were found to meet
the negligible impact and small numbers standards. Our analysis showed
that less than 9.07 percent of the populations of affected stocks, with
the exception of minke and killer whales, could be taken by harassment.
For Northern resident and West Coast transient killer whales, the
percentages, when instances of take are compared to abundance, are 48.2
percent and 51.8 percent, respectively. However, the takes estimated
for these stocks (up to 126 instances assuming all takes are accrued to
a single stock) are not likely to represent unique individuals.
Instead, we anticipate that there will be multiple takes of a smaller
number of individuals.
The Northern resident killer whale stock are most commonly seen in
the waters around the northern end of Vancouver Island, and in
sheltered inlets along B.C.'s Central and North Coasts. They also range
northward into Southeast Alaska in the winter months. Pile driving
operations are not permitted from December through February. It is
unlikely that such a large portion of Northern resident killer whales
with ranges of this magnitude would be concentrated in and around Icy
Passage.
NMFS believes that small numbers of the West coast transient killer
whale stock would be taken based on the limited region of exposure in
comparison with the known distribution of the transient stock. The West
coast transient stock ranges from Southeast Alaska to California, while
the planned project activity would be stationary. A notable percentage
of West coast transient whales have never been observed in Southeast
Alaska. Only 155 West coast transient killer whales have been
identified as occurring in Southeast Alaska according to Dahlheim and
White (2010). The same study identified three pods of transients,
equivalent to 19 animals that remained almost exclusively in the
southern part of Southeast Alaska (i.e. Clarence Strait and Sumner
Strait). This information indicates that only a small subset of the
entire West coast Transient stock would be at risk for take in the Icy
Passage area because a sizable portion of the stock has either not been
observed in Southeast Alaska or consistently remains far south of Icy
Passage.
There is no current abundance estimate for minke whale since
population data on this species is dated. However, the authorized take
of 42 minke whales may be considered small. A visual survey for
cetaceans was conducted in the central-eastern Bering Sea in July-
August 1999, and in the southeastern Bering Sea in 2000. Results of the
surveys in 1999 and 2000 provide
[[Page 55353]]
provisional abundance estimates of 810 and 1,003 minke whales in the
central-eastern and southeastern Bering Sea, respectively (Moore et
al., 2002). Additionally, line-transect surveys were conducted in shelf
and nearshore waters in 2001-2003 from the Kenai Fjords in the Gulf of
Alaska to the central Aleutian Islands. Minke whale abundance was
estimated to be 1,233 for this area (Zerbini et al., 2006). However,
these estimates cannot be used as an estimate of the entire Alaska
stock of minke whales because only a portion of the stock's range was
surveyed. (Allen and Anglis 2012). Clearly, 42 authorized takes should
be considered a small number, as it constitutes only 5.2 percent of the
smallest abundance estimate generated during the surveys just described
and each of these surveys represented only a portion of the minke whale
range.
Therefore, the number of individual animals authorized to be taken
for all species are considered small relative to the relevant stocks or
populations.
The 2018-2019 IHA includes mitigation, monitoring, and reporting
requirements that are identical to those depicted in the 2017-2018 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) ADOT&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.
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 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 order to comply with the ESA, NMFS Alaska Regional Office (AKR)
Protected Resources Division issued a Biological Opinion on March 21,
2017 under section 7 of the ESA, on the issuance of an IHA to ADOT&PF
under section 101(a)(5)(D) of the MMPA. This consultation concluded
that the project was likely to adversely affect but unlikely to
jeopardize the continued existence of the threatened Mexico DPS of
humpback whale (Megaptera novaeangliae) or the endangered western DPS
of Steller sea lion (Eumatopias jubatus), or adversely modify
designated critical habitat for Steller sea lions. In a memo dated June
13, 2018, NMFS AKR concluded that re-initiation of section 7
consultation is not necessary for the issuance of the 2018-2019 IHA.
The only modification to the project is a time shift of one year. No
additional take has been requested by ADOT&PF or has been authorized by
NMFS. All mitigation measures described in the Biological Opinion would
be implemented to reduce harassment of marine mammals and document take
of marine mammals. For these reasons, we anticipate no new or changed
effects of the action beyond what was considered in the 2017 Biological
Opinion.
National Environmental Policy Act
In compliance with NOAA policy, the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), and the Council on
Environmental Quality Regulations (40 CFR parts 1500-1508), NMFS
determined the issuance of the IHA qualifies to be categorically
excluded from further NEPA review. This action is consistent with
categories of activities identified in CE B4 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.
Authorization
As a result of these determinations, we have issued an IHA to
ADOT&PF for conducting the described construction activities related to
city dock and ferry terminal improvements from December 15, 2018
through December 14, 2019, provided the previously described
mitigation, monitoring, and reporting requirements are incorporated.
Dated: October 26, 2018.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018-24064 Filed 11-2-18; 8:45 am]
BILLING CODE 3510-22-P