[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13802-13807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC795]


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; issuance of renewal incidental harassment authorization 
(IHA).

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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 IHA to the Alaska Department of 
Transportation and Public Facilities (ADOT) to incidentally harass 
marine mammals incidental to ferry berth improvements in Tongass 
Narrows in Ketchikan, Alaska.

DATES: This renewal IHA is valid from March 5, 2023 through March 4, 
2024.

FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected 
Resources, NMFS, (301) 427-8401. 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: 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 Marine Mammal Protection Act (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.

[[Page 13803]]

    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 1 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 
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:
     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).
     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: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On March 5, 2022, NMFS issued an IHA to ADOT to take marine mammals 
incidental to 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.
    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 
that 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, 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 also provided a preliminary monitoring report 
(available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements-0) 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 notice of the 
proposed renewal incidental harassment authorization was published on 
February 10, 2023 (88 FR 8814).

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

[[Page 13804]]

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 notice and include 
important supporting information:
     Federal Register notice of initial 2022 final IHA (87 FR 
15387, March 18, 2022);
     Federal Register notice of 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 authorized here may be found in the 
notices 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 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;
     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 notices (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 1 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 renewal IHA. 
This renewal is effective for a period not exceeding 1 year from the 
date of expiration of the initial IHA (March 4, 2023).

Description of Marine Mammals

    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 notice of the 
proposed IHA (87 FR 5980, February 2, 2022), and the Final IHA 
(87FR15387, March 18, 2023) for the initial authorization.
    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.

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 take is 
authorized here may be found in the Federal Register 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
     Otariid pinnipeds: 46 m
    NMFS has reviewed the monitoring data from the initial IHA, recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, other scientific literature, and determined that 
neither this nor any other new information affects our initial

[[Page 13805]]

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 Authorized and Proportion of Population Potentially Affected
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                                                 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        ..............  ..............  ..............             6.9
                                 Transient.
                                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% 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 Mitigation, Monitoring and Reporting Measures

    The 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 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 included 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 13806]]



         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)
                                                                                   -------------------------------------------------------------------------------------------------
                                                                                                                                                          Elephant seal  (Dashes
                                                                                                                                                       indicate that shutdown zones
                                                                                                                                                         have not been explicitly
                                                                                                                                                           calculated. ADOT may
                                             Pile size      Minutes per pile or                                                                         implement a tiered approach    Level B
                 Activity                       (m)          strikes per pile           LF          LF                                                 to shutdown zones, depending   harassment
                                                                                     (humpback    (minke       MF         HF         PW         OW       on the daily duration of      isopleth
                                                                                      whales)    whales)                                                 activities, following the
                                                                                                                                                          method described in the
                                                                                                                                                        Mitigation Measures section
                                                                                                                                                         of the initial Final IHA
                                                                                                                                                                 Notice.)
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Vibratory Installation....................          30  60 min....................          50                                           20                                                6,310
                                                    24  60 min....................  ..........                                                                                             5,412
                                                    20  60 min....................  ..........                                                                                       ...........
Vibratory Removal.........................          24  60 min....................  ..........                                                                                       ...........
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DTH of Temporary Piles....................          24  180 min...................       1,200      1,200         50      1,450        650         50                           650       13,594
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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  .........  .........        900                         1,250  ...........
                                            ..........  360 min...................       2,600  .........  .........  .........  .........  .........  ............................  ...........
                                            ..........  420 min...................       2,900  .........  .........  .........  .........  .........  ............................  ...........
                                            ..........  480 min...................       3,100  .........        100  .........  .........        100  ............................  ...........
                                            ..........  540 min...................       3,400  .........  .........  .........  .........  .........  ............................  ...........
                                            ..........  600 min...................       3,600  .........        130  .........  .........        100                         1,950  ...........
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
                                            ..........  60 min....................         360  .........         20  .........  .........         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         20         70         30         20                            30        1,000
                                                    20  50 strikes................          60         60         20         70         30         20                            30  ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                    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

[[Page 13807]]

 
                                                     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

    A notice of NMFS' proposal to issue a renewal IHA to ADOT was 
published in the Federal Register on February 10, 2023 (88 FR 8814). 
That notice either described, or referenced descriptions of, ADOT'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. No public comments were received.

Determinations

    The 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 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.

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 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 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 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' Office of Protected Resources (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' Endangered Species Act (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 renewal IHA authorizes a subset of 
activities already analyzed through the existing Biological Opinion, 
reinitiating consultation is not necessary.

Renewal

    NMFS has issued a renewal IHA to ADOT for the take of marine 
mammals incidental to conducting ferry berth improvements in Tongass 
Narrows in Ketchikan, Alaska between March 5, 2023 and March 4, 2024.

    Dated: March 1, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-04533 Filed 3-3-23; 8:45 am]
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