[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8814-8820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02808]



[[Page 8814]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC729]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass 
Narrows in Ketchikan, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments on proposed renewal incidental 
harassment authorization (IHA).

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SUMMARY: NMFS received a request from the Alaska Department of 
Transportation and Public Facilities (ADOT) for the renewal of their 
currently active incidental harassment authorization (IHA) to take 
marine mammals incidental to ferry berth improvements in Tongass 
Narrows in Ketchikan, Alaska. These activities consist of activities 
that are covered by the current authorization, but will not be 
completed prior to its expiration. Pursuant to the Marine Mammal 
Protection Act (MMPA), prior to issuing the currently active IHA, NMFS 
requested comments on both the proposed IHA and the potential for 
renewing the initial authorization if certain requirements were 
satisfied. The renewal requirements have been satisfied, and NMFS is 
now providing an additional 15-day comment period to allow for any 
additional comments on the proposed renewal not previously provided 
during the initial 30-day comment period.

DATES: Comments and information must be received no later than February 
27, 2023.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, and should be submitted via email to 
[email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected 
Resources (OPR), NMFS, (301) 427-8401. Electronic copies of the 
original application, renewal request, and supporting documents 
(including NMFS Federal Register notifications 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: 
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. 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 
geographical region if certain findings are made and either regulations 
are issued 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''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 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 one year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, 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 
1-time 1-year renewal IHA following notification 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 notification is planned or (2) the activities as 
described in the Description of the Specified Activities and 
Anticipated Impacts section of the initial IHA issuance notification 
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 notification 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:
     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); and
     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; and
    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

[[Page 8815]]

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 notification 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: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA renewal, and a summary of agency responses to 
applicable comments is included in this notification. NMFS will 
consider any additional public comments prior to making any final 
decision on the issuance of the requested renewal, and agency responses 
will be summarized in the final notification of our decision.

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 
renewal) 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 
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 renewal IHA.

History of Request

    On March, 5 2022, NMFS issued an IHA to ADOT to take marine mammals 
incidental to the construction and/or improvements to four ferry berths 
in Tongass Narrows in Ketchikan Alaska: Gravina Airport Ferry Layup 
Facility, the Gravina Freight Facility, the Revilla New Ferry Berth and 
Upland Improvements, and the New Gravina Island Shuttle Ferry Berth/
Related Terminal Improvements (87 FR 15387, March 18, 2022), effective 
from March, 5, 2022 through March 4, 2023. NMFs previously issued two 
consecutive IHAs, one of which was renewed and the other reissued, 
prior to issuing the initial IHA (which includes some construction that 
was originally planned under the consecutive IHA's as well as some new/
additional work) associated with this renewal request.
    Following the issuance of the initial IHA, ADOT reported the 
presence of northern elephant seals (Mirounga angustirostris) in the 
area, which had not been anticipated. In June 2022, NMFS modified the 
March 2022 initial IHA by adding authorized take by Level B harassment 
of this species at ADOT's request.
    In July 2022 ADOT also requested to install a subset of temporary 
piles via down-the-hole (DTH) methods rather than the previously 
assumed vibratory pile driving, in case the overburden onsite was not 
deep enough. In September 2022 NMFS determined that ADOT's requested 
modification did not alter the original scope of activity analyzed or 
the impact analysis in a manner that materially affected the basis for 
the original findings. NMFS additionally modified the IHA to require 
additional shutdown zones but determined that authorization of 
additional take was not required.
    On January 5, 2023, NMFS received an application for the renewal of 
the initial IHA. Following NMFS' review of the application, the ACOE 
submitted a revised version on January 19, 2023 and again on January 
25, 2023. As described in the application for renewal IHA, the 
activities for which incidental take is requested consist of activities 
that are covered by the initial authorization (and subsequent 
modifications) discussed above but will not be completed prior to its 
expiration. As required, the applicant provided a preliminary 
monitoring report 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.

Description of the Specified Activities and Anticipated Impacts

    ADOT is making improvements to existing ferry berths and 
constructing new ferry berths on Gravina Island and Revillagigedo 
(Revilla) Island in Tongass Narrows, near Ketchikan in southeast 
Alaska. These ferry facilities provide the only public access between 
the city of Ketchikan, AK on Revilla Island, and the Ketchikan 
International Airport on Gravina Island. In-water work associated with 
the Revilla New Ferry Berth and Upland Improvements, and Gravina 
Airport Ferry Layup Facility have been completed. Only partial in-water 
work has been completed at the Gravina Island Shuttle Ferry Berth/
Related Terminal Improvements, and no in-water work has been completed 
towards the Freight Facility. The remaining marine construction 
associated with the activities is planned to occur over 30 non-
consecutive days over 1 year beginning March 5, 2023. The project's 
planned activities that have the potential to take marine mammals, by 
Level A harassment and Level B harassment, include vibratory and impact 
pile driving, DTH operations for pile installation (rock socketing of 
piles and tension anchors to secure piles), and vibratory pile removal.
    Under the initial IHA, Level B harassment is authorized for a small 
number of nine species of marine mammals (including northern elephant 
seal). Of those nine species, Level A harassment was authorized for 
five species Steller sea lion (Eumetopias jubatus), harbor seal (Phoca 
vitulina richardii), harbor porpoise (Phocoena phocoena), Dall's 
porpoise (Phocoenoides dalli) and minke whale (Balaenoptera 
acutorostrata). Neither ADOT nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, a renewal IHA is 
appropriate.
    The following documents are referenced in this notification and 
include important supporting information:
     Initial 2022 final IHA (87 FR 15387, March 18, 2022);
     Initial 2022 proposed IHA (87 FR 5980, February 2, 2022); 
and
     Initial IHA application, Biological Opinion, References 
(available at www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements-0).

Detailed Description of the Activity

    A detailed description of the ferry berth construction and 
improvements for which take is proposed here may be found in the 
notifications of the proposed and final IHAs for the initial 
authorization. NMFS also incorporates the installation of 20 24-inch 
temporary piles via DTH methods (rather than vibratory pile driving) at 
the Freight and Layup Facility (via the September 2022 modification of 
the initial IHA) to that detailed description, increasing the overall 
DTH drilling duration by

[[Page 8816]]

approximately 6 percent over the duration of the project, as compared 
with the analysis in the Federal Register notices for the initial IHA. 
The 20 temporary piles require relatively short durations of DTH 
drilling in comparison to the production piles included in the initial 
analysis, which are drilled much further into the bedrock.
    While the in-water work associated with the Revilla New Ferry Berth 
and Gravina Airport Ferry Layup Facility have been completed, the 
Gravina Shuttle Island Ferry Berth and the Freight Facility have not. 
At the time of the renewal request no in-water work had been completed 
at the Freight Facility and a subset of in-water work had been 
completed at the Gravina Island Shuttle Ferry Berth:
     Installation and removal of twelve 20-inch temporary 
piles;
     Installation of 10 rock sockets; and
     Installation of 12 24-inch permanent piles.
    In-water work that is planned for completion under this renewal IHA 
include remaining work at the Gravina Island Shuttle Ferry Berth:
     Installation of twenty-three 24-inch piles;
     Installation of twenty-eight tension anchors;
     Installation of 11 rock sockets and all pile driving 
activities for the Freight Facility:
     Installation of six 20-inch steel piles;
     Installation of three 24-inch piles;
     Installation of four 30-inch steel piles;
     Installation and removal of twelve 24-inch temporary 
piles;
     Installation of 13 tension anchors;
     Installation of 5 rock sockets.
    The location, timing (e.g. seasonality), and nature of the 
activities, including the types of equipment planned for use, are 
identical to those described in the previous notifications (as updated 
through incorporation of the request to install temporary piles via 
DTH, rather than vibratory driver).
    The remaining marine construction associated with the activities is 
planned to occur over 30 non-consecutive days over one year beginning 
March 5, 2023. Though concurrent use of two hammers is unlikely/
expected to rarely occur during the remaining work under the renewal, 
the possibility remains. The initial IHA accounted for concurrent use 
of any combination of hammers for half the anticipated number of days 
of construction. That assumption is carried over into this proposed 
renewal IHA. The proposed renewal would be effective for a period not 
exceeding one year from the date of expiration of the initial IHA 
(March 5, 2023).

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
notice of the proposed IHA (87 FR 5980, February 2, 2022), the final 
IHA (87 FR 15387, March 18, 2023) for the initial authorization. We 
supplement that description here with additional information for 
northern elephant seals.
    Northern elephant seals breed and give birth in California and Baja 
California, primarily on offshore islands (Stewart et al., 1994). 
Spatial segregation in foraging areas between males and females is 
evident from satellite tag data (Le Beouf et al., 2000). Males migrate 
to the Gulf of Alaska and western Aleutian Islands along the 
continental shelf to feed on benthic prey, while females migrate to 
pelagic areas in the Gulf of Alaska and the central North Pacific to 
feed on pelagic prey (Le Beouf et al., 2000). Elephant seals spend a 
majority of their time at sea (average of 74.7 days during post 
breeding migration and an average of 218.5 days during the postmolting 
migration; Robinson et al., 2012). Although northern elephant seals are 
known to visit the Gulf of Alaska to feed on benthic prey, they rarely 
occur on the beaches of Alaska. However, there are recent reports of 
elephant seals occurring in and near the Tongass Narrows.
    NMFS has reviewed the monitoring data from the initial IHA, recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and other scientific literature, and determined that 
neither this nor any other new information affects which species or 
stocks have the potential to be affected or the pertinent information 
in the Description of the Marine Mammals in the Area of Specified 
Activities contained in the supporting documents for the initial IHA. 
This includes consideration of changes proposed in the Draft 2022 
Marine Mammal Stock Assessment Report (SARs) (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region) published on January 24, 2023, which 
include a slightly reduced Alaska Resident killer whale population 
abundance estimate.
    In addition, the draft 2022 SARs include proposed update to stock 
structures for humpback whale and harbor porpoise. For humpback whales, 
the new structure, if finalized, would modify the MMPA-designated 
stocks to align more closely with ESA-designated distinct population 
segments (DPSs). Please refer to the draft 2022 Alaska and Pacific 
Ocean SARs for additional information.
    NMFS OPR, Permits and Conservation Division has generally 
considered peer-reviewed data in draft SARs (relative to data provided 
in the most recent final SARs), when available, as the best available 
science, and has done so in this proposed renewal IHA for all species 
and stocks with the exception of the new proposal to revise certain 
stock structures. Given that the proposed changes to the stock 
structures involve the application of NMFS' Guidance for Assessing 
Marine Mammal Stocks and could be revised following consideration of 
public comments, it is more appropriate to conduct our analysis for 
this proposed renewal IHA based on the status quo stock structures 
identified in the most recent final SARs (2021, Muto et al., 2022).

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which the 
authorization of take is proposed here may be found in the notices of 
the proposed IHA (87 FR 5980, February 2, 2022) and final IHA 
(87FR15387, March 18, 2023) for the initial authorization.
    In the case of installing temporary piles via DTH drilling rather 
than vibratory drilling, the nature of the impacts are the same, but 
they required identification of larger Level A harassment zones and a 
larger Level B harassment zone than originally anticipated. For 
installation of these temporary piles using DTH drilling, given the 
estimated source level of 167 dB RMS, the Level B harassment zone would 
be 13,594 m for all hearing groups. Regarding Level A harassment, using 
an estimated source level of 159 dB SEL at 10m, a strike rate of 15 
strikes per second, an estimated DTH drilling duration of 180 minutes 
per pile (maximum duration estimated by ADOT), two piles per day 
(maximum daily pile number estimated by ADOT), and a transmission loss 
coefficient of 15 m, the use of DTH drilling for these temporary piles 
is estimated to produce the following hearing group-specific Level A 
harassment zones:
     Low-frequency cetaceans: 1,183 m;
     Mid-frequency cetaceans: 42 m;
     High-frequency cetaceans: 1,410 m;
     Phocid pinnipeds: 633 m; and
     Otariid pinnipeds: 46 m.
    NMFS has reviewed the monitoring data from the initial IHA, recent 
draft

[[Page 8817]]

Stock Assessment Reports, information on relevant Unusual Mortality 
Events, and other scientific literature, and determined that neither 
this nor any other new information affects our initial analysis of 
impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notices of the 
proposed and final IHAs (87 FR 5980, February 2, 2022; 87 FR 15387, 
March 18, 2022) for the initial authorization. The source levels and 
marine mammal occurrence data applicable to this authorization remain 
unchanged from the previously issued IHA. Here, we provide additional 
discussion for northern elephant seal.
    In consideration of the information provided by ADOT, described 
above in this section, NMFS expected that one elephant seal may have 
been taken by Level B harassment per week over the remainder of the 
effective period of the IHA (through March 4, 2023). At the time of 
analysis, 37 weeks remained in the effective period of the IHA, and 
NMFS authorized 37 takes of the California breeding stock of elephant 
seals.
    Similarly, the stocks taken, methods of take, and types of take 
remain unchanged from the previously issued IHA and subsequent 
authorization of take by Level B harassment of elephant seal. The take 
calculation method also remains the same, with the exception of fewer 
days of activity than what was described in the initial IHA. The 
approximate total number of operational days for this Renewal IHA is 33 
percent of what was analyzed in support of the initial IHA. As such, 
take for most stocks have been reduced to 33 percent of the take 
authorized through the initial IHA (including for elephant seal). In 
cases when such a change would bring authorized take levels below the 
estimated group size for a given species [described in Initial 2021 
proposed IHA (87 FR 5980, February 2, 2022; the Initial 2022 final IHA 
(87 FR 15387, March 18, 2022); take has been increased to the estimated 
group size to retain some allowance in the event that this species 
should occur in the project area.

      Table 1--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected.
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                                            Proposed authorized take
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                                                      Level A         Level B                       Percent of
            Species                 DPS/stock       harassment      harassment         Total           stock
----------------------------------------------------------------------------------------------------------------
Steller sea lion..............  Eastern U.S.....              30             716             746             1.7
Harbor seal...................  Clarence Strait.              38             335             373             1.3
Harbor porpoise...............  Southeast Alaska             * 5               9              14             1.1
Dall's porpoise...............  Alaska..........            * 12              68              80             0.6
Pacific white-sided dolphin...  North Pacific...               0            * 92              92             3.4
Killer whale..................  Alaska Resident.               0              24              24             1.0
 
West Coast Transient..........  ................  ..............  ..............             6.9
                                Northern          ..............  ..............  ..............             7.9
                                 Resident.
Humpback whale................  Central North                  0              75              75             0.7
                                 Pacific.
Minke whale...................  Alaska..........             * 1             * 2               3             N/A
Northern Elephant Seal........  California                     0              12              12            0.01
                                 Breeding Stock.
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* Take for most stocks have been reduced to 33 percent of the take authorized through the initial IHA. In cases
  when such a change would bring authorized take levels below the estimated group size for a given species
  [described in Initial 2021 proposed IHA (87 FR 5980, February 2, 2022; the Initial 2022 final IHA (87 FR
  15387, March 18, 2022)], take has been increased to the estimated group size group size to retain some
  allowance in the event that this species should occur in the project area.

Description of Proposed 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 FR Notification announcing the issuance of the initial 
IHA (87 FR 15387, March 18, 2022), and subsequent updates to shutdown 
zones for DTH installation of temporary piles, are included in Table 2 
and Table 3.
    The same measures are proposed for this renewal and are summarized 
here:
     ADOT must implement a minimum shutdown zone of 10 m radius 
around the pile/hole/vessel for use of in-water heavy machinery/vessel 
(e.g., barge, dredge);
     ADOT must shut down if any marine mammals come within 
hearing group-specific shutdown zones (Table 2 and Table 3);
     ADOT must implement pile driving soft-starts whereby 
hammer energy is gradually ramped-up;
     ADOT must employ at least three PSOs to monitor the 
harassment zones;
     ADOT must submit a draft report detailing all monitoring 
within ninety calendar days of the completion of marine mammal 
monitoring or sixty days prior to the issuance of any subsequent IHA 
for this project, whichever comes first;
     ADOT must prepare and submit final report within thirty 
days following resolution of comments on the draft report from NMFS;
     ADOT must submit all PSO datasheets and/or raw sighting 
data (in a separate file from the Final Report referenced immediately 
above); and
     ADOT must report injured or dead marine mammals.
    The discussion of the least practicable adverse impact included in 
those documents and the Notice of the proposed IHA (87 FR 5980, 
February 2, 2022) remains accurate.

[[Page 8818]]



         Table 2--Tiered Shutdown Zones and Level B Harassment Zones, Based on Activity and Duration for Vibratory Pile Driving and Removal, Impact Pile Driving, and Single-Source DTH
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                                                                                                                      Minimum shutdown zone  (m)
                                            Pile size     Minutes per pile or    ---------------------------------------------------------------------------------------------------   Level B
                 Activity                       (m)         strikes per pile       LF  (humpback   LF  (minke                                                                         harassment
                                                                                      whales)       whales)         MF           HF           PW           OW        Elephant Seal     isopleth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation....................         30  60 min...................              50                                          20                                               6,310
                                                                                                 -----------------------------------------------------------------------------------
                                                   24  60 min...................                                                                                                           5,412
                                                   20  60 min...................
Vibratory Removal.........................         24  60 min...................
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Temporary Piles....................         24  180 min..................           1,200        1,200           50        1,450          650           50               650       13,594
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Rock Sockets.......................         30  60 min...................             780        1,500           30          500          200           40               450       13,594
                                                       120 min..................           1,300                        50                                     50                 -
                                                       180 min..................           1,700                        60                                     70                 -
                                                       240 min..................           2,000                        70                                     80                 -
                                                       300 min..................           2,300                        90                                     90             1,250
                                                       360 min..................           2,600                                                 100          100                 -
                                                       420 min..................           2,900                                                                                  -
                                                       480 min..................           3,100                                                                                  -
                                                       540 min..................           3,400                                                                                  -
                                                       600 min..................           3,600                       130                                    100             1,950
                                                   24  60 min...................             360        1,500           20          500          200           20               200
                                                       120 min..................             570                        30                                     30                 -
                                                       180 min..................             750                        30                                     30                 -
                                                       240 min..................             910                        40                                     40                 -
                                                       300 min..................           1,100                        40                                     50               600
                                                       360 min..................           1,200                        50                                     50                 -
                                                       420 min..................           1,400                        50                                     60                 -
                                                       480 min..................           1,500                        60                                     60                 -
                                                       540 min..................           1,600                        60                                     70                 -
                                                       600 min..................           1,700                        60                                     70               900
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
DTH of Tension Anchor.....................          8  120 min..................              90           90           20          100           50           20               600
                                                       240 min..................             130          130                       160           70                            900
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
Impact Installation.......................         30  50 strikes...............             100          100           20          120           60           20                60        2,154
                                                   24  50 strikes...............              60           60                        70           30                             30        1,000
                                                   20  50 strikes...............                                                                                                 30        1,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(-) Dashes indicate that shutdown zones have not been explicitly calculated. ADOT may implement a tiered approach to shutdown zones, depending on the daily duration of activities, following
  the method described in the Mitigation Measures section of the initial Final IHA Notice.


[[Page 8819]]


                                    Table 3--Shutdown Zones, by Hearing Group for Simultaneous Use of Two DTH Hammers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Level A  harassment  isopleth (m)
          Activity combination               Duration    -----------------------------------------------------------------------------------------------
                                             (minutes)          LF              MF              HF              PW              OW         Elephant seal
--------------------------------------------------------------------------------------------------------------------------------------------------------
8-in pile, 8-in pile....................              60              90              20             100              50              20              50
                                                     120             130                             160              70                              70
                                                     180             170                             200             100                             100
                                                     240             210                             250             110                             150
8-in pile, 24-in pile...................              60             520              20             500             200              20             300
                                                     120             820              30                                              40             450
                                                     180           1,080              40                                              50             600
                                                     240           1,300              50                                              60             700
8-in pile, 30-in pile...................              60           1,110              40                                              50             600
                                                     120           1,770              70                                              70             950
                                                     180           2,310              90                                              90           1,250
                                                     240           2,800             100                                             110           1,500
24-in pile, 24-in pile..................              60             570              20                                              30             350
                                                     120             910              32                                              40             500
                                                     180           1,190              42                                              50             650
                                                     240           1,440              60                                              60             800
24-in pile, 30-in.......................              60             900              40                                              40             500
                                                     120           1,430              60                                              60             800
                                                     180           1,880              70                                              80           1,050
                                                     240           2,270              90                                              90           1,250
30-in pile, 30-in pile..................              60           1,230              50                                              50             700
                                                     120           1,950              70                                              80           1,050
                                                     180           2,550             100                                             100           1,400
                                                     240           3,090             110                                             120           1,650
--------------------------------------------------------------------------------------------------------------------------------------------------------

Comments and Responses

    As noted previously, NMFS published a notification of a proposed 
IHA (87 FR 5980, February 2, 2022) and solicited public comments on 
both our proposal to issue the initial IHA for ferry berth construction 
and improvement and on the potential for a renewal IHA, should certain 
requirements be met. No public comments were received.

Preliminary Determinations

    The proposed renewal request consists of a subset of activities 
analyzed through the initial authorization and subsequent 
authorizations described above. In analyzing the effects of the 
activities for the initial IHA, NMFS determined that ADOT's activities 
would have a negligible impact on the affected species or stocks and 
that authorized take numbers of each species or stock were small 
relative to the relevant stocks (e.g., less than one-third the 
abundance of all stocks). Although new abundance information became 
available for Alaska Resident killer whale, none of this new 
information affects NMFS' determinations supporting issuance of the 
initial IHA. The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA (as 
modified).
    NMFS has preliminarily 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) ADOT'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.

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 OPR consults internally whenever we propose to authorize take for 
endangered or threatened species, in this case with NMFS' Alaska 
Regional Office (AKRO).
    The effects of the Federal action authorized through the initial 
IHA were adequately analyzed in NMFS ESA section 7(a)(2) Biological 
Opinion for Construction of the Tongass Narrows Project (Gravina 
Access), revised December 19, 2019. It concluded that the take NMFS 
proposed to authorize through the initial IHA would not jeopardize the 
continued existence of any endangered or threatened species or destroy 
or adversely modify any designated critical habitat. Because this 
proposed renewal IHA would authorize a subset of activities already 
analyzed through the existing Biological Opinion, reinitiating 
consultation is not necessary.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to ADOT for conducting ferry berth construction and 
improvements in Tongass Narrows, Kethickan, AK, between March 5, 2023 
and March 4, 2024, provided the previously described mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the 
proposed renewal IHA, and any other aspect of this notification. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.


[[Page 8820]]


    Dated: February 6, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-02808 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-22-P