[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Notices]
[Pages 16545-16546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04793]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD703]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the U.S. Coast Guard's Alaska Facility Maintenance and 
Repair Activities

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

ACTION: Notice. Issuance of letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the United 
States Coast Guard (Coast Guard), for the unintentional taking of 
marine mammals incidental to maintenance and repair at facilities in 
Alaska, over the course of 5 years (2024-2029).

DATES: This LOA is effective from March 1, 2024, through February 28, 
2029.

[[Page 16546]]


ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guards-alaska-facility-maintenance-and-repair. 
In case of problems accessing these documents, please call the contact 
listed below.

FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, Office of Protected 
Resources, NMFS, (301) 427-8401.

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, 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 the species or stocks for 
taking for certain subsistence uses (referred to as ``mitigation''); 
and requirements pertaining to the mitigation, monitoring, and 
reporting of the takings are set forth. NMFS has defined ``negligible 
impact'' in 50 CFR 216.103 as an impact resulting from the specified 
activity that cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the species or stock through effects on 
annual rates of recruitment or survival.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which: (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On December 20, 2023, we issued a final rule upon request from the 
Coast Guard for authorization to take marine mammals incidental to 
construction activities (88 FR 87937). The Coast Guard plans to conduct 
construction activities for pier maintenance and repair at eight 
facilities in Alaska. This construction will include use of vibratory 
pile driving and removal, impact pile driving, and down-the-hole (DTH) 
drilling. The use of vibratory and impact pile driving and DTH drilling 
is expected to produce underwater sound at levels that have the 
potential to result in Level A and Level B harassment of marine 
mammals.

Authorization

    We have issued a LOA to Coast Guard authorizing the take of marine 
mammals incidental to construction activities, as described above. Take 
of marine mammals will be minimized through the implementation of the 
following planned mitigation measures: (1) required monitoring of the 
construction area to detect the presence of marine mammals before 
beginning construction activities; (2) shutdown of construction 
activities under certain circumstances to avoid injury of marine 
mammals; and (3) soft start for impact pile driving to allow marine 
mammals the opportunity to leave the area prior to beginning impact 
pile driving at full power. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
Coast Guard will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: March 1, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-04793 Filed 3-6-24; 8:45 am]
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