[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22684-22688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06963]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD838]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Skagway Ore Terminal 
Redevelopment Project in Skagway, Alaska

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

ACTION: Notice; proposed modification of an incidental harassment 
authorization; request for comments.

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SUMMARY: On February 5, 2024, NMFS received a request from the 
Municipality of Skagway (MOS) to modify an incidental harassment 
authorization (IHA) that was issued to MOS on August 29, 2023 to take 
small numbers of eight species of marine mammals, by Level A and Level 
B harassment, incidental to the Skagway Ore Terminal redevelopment 
project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to modify the IHA. This 
modification includes changes to the amount of authorized take by Level 
B harassment for Steller sea lions and the addition of take by Level A 
and Level B harassment for the northern fur seal (Callorhinus ursinus). 
There are no changes to the activity, mitigation and monitoring, NMFS' 
findings, the effective dates of the issued IHA, or any other aspect of 
the IHA. NMFS will consider public comments prior to making any final 
decision on the requested modification of the authorization and agency 
responses will be summarized in the final notice of our decision.

DATES: Comments and information must be received no later than April 
17, 2024.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments 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: Jenna Harlacher, 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

[[Page 22685]]

other ``means of effecting the least practicable adverse impact'' on 
the affected species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.

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) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs 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 has 
preliminarily determined that the issuance of the proposed modification 
of the IHA continues to qualify to be categorically excluded from 
further NEPA review. We will review all comments submitted in response 
to this notice of modification prior to concluding our NEPA process or 
making a final decision on the request.

History of Request

    On August 9, 2022, MOS submitted a request to NMFS requesting an 
IHA for the take of small numbers of seven species of marine mammals 
incidental to the Ore Terminal redevelopment project in Skagway, 
Alaska. On April 18, 2023, NMFS published a Federal Register notice (88 
FR 23627) for the proposed IHA. On August 29, 2023, NMFS issued an IHA 
to MOS, and on September 5, 2023, NMFS published a Federal Register 
notice (88 FR 60652) announcing the issuance of the IHA, which is valid 
from October 1, 2023 through September 30, 2024.
    On February 5, 2024, NMFS received a request from MOS to modify the 
2023 IHA. MOS subsequently submitted multiple revised IHA modification 
requests and submitted a final version on March 15, 2024, which NMFS 
determined to be adequate and complete. In the original IHA issued to 
MOS, NMFS authorized 2 takes by Level A harassment and 196 takes by 
Level B harassment for Steller sea lion, and no take by Level A or 
Level B harassment for northern fur seals.
    MOS intended for all work to be conducted from October through 
March; thus, the species densities, and therefore take requests, 
proposed in the original request were focused on fall and winter 
months. However, due to construction delays, construction will not be 
completed by March 31, 2024, making the original densities inaccurate 
for the entirety of the construction window, which is now proposed to 
extend into the spring and summer months as well. Additionally, in the 
initial review of species likely to be found in the action area, 
northern fur seal was determined unlikely to be found here. This 
species has not been previously documented in Skagway and was not 
expected to appear in the project area; therefore, no take was 
originally requested. However, a northern fur seal yearling was 
observed by a Protected Species Observer (PSO) near the project site on 
multiple occasions in January 2024, causing project shutdowns and 
delays.
    Therefore, the MOS is requesting a modification to the issued 
authorization to add 2 takes by Level A harassment and 45 takes by 
Level B harassment for northern fur seal, and to adjust take requests 
based on average species densities throughout the year due to work 
occurring in all seasons and, consequently, increasing authorized take 
by Level B harassment to 270 for Steller sea lion.

Description of the Proposed Activity and Anticipated Impacts

    The modified IHA would include the same construction activities 
(impact pile driving and vibratory pile driving and removal) in the 
same locations that were described in the proposed notice of the 2023 
IHA (88 FR 23627, April 18, 2023). The monitoring and reporting 
measures remain the same as prescribed in the initial IHA. Please see 
the additional relevant documents related to the issuance of the 
initial IHA, including MOS' application and the notice of issuance of 
the IHA (88 FR 60652, September 5, 2023) (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-municipality-skagways-skagway-ore-terminal-redevelopment) for more 
detailed description of the project activities.

Detailed Description of the Action

    A detailed description of the construction activities can be found 
in the aforementioned documents associated with the issuance of the 
initial IHA. The location and general nature of the activities are 
identical to those described in the previous documents. However, as 
stated in the History of Request section, MOS will not complete 
construction during their planned work window. MOS plans to continue 
construction past their original construction timeline and work into 
spring and summer. As of February 7, 2023, MOS conservatively estimates 
that there are 128 days of construction left. Detailed pile removal and 
installation quantities left can be found in table 1 and table 2.

               Table 1--Remaining Pile Removal Quantities
------------------------------------------------------------------------
                                                             Quantity
            Pile type and size (inches (in))                 remaining
------------------------------------------------------------------------
Timber Piles............................................             267
Steel (14-in)...........................................              12
Steel (16-in)...........................................              51
Steel (24-in)...........................................              12
Steel (28-in)...........................................              26
Temporary piles (24-in or smaller)......................              18
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               Table 2--Remaining Installation Quantities
------------------------------------------------------------------------
                                                             Quantity
                 Pile type and size (in)                     remaining
------------------------------------------------------------------------
Steel (24-in)...........................................             162
Steel (36-in)...........................................              21
Steel (48-in)...........................................               6
Temporary piles (24-in or smaller)......................              18
------------------------------------------------------------------------

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
can be found in these previous documents, which remains applicable to 
this modified IHA as well. In addition, NMFS has reviewed the draft 
2023 Stock Assessment Reports (Young et al., 2023; available at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports), information on relevant 
Unusual Mortality Events, and recent scientific literature, and 
incorporated that into table 3 below.
    Table 3 lists all species or stocks for which take is expected and 
authorized to be authorized for this activity, and summarizes 
information related to the population or stock, including regulatory 
status under the MMPA and Endangered Species Act (ESA) and potential 
biological removal (PBR), where known. PBR is defined by the MMPA as 
the maximum number of

[[Page 22686]]

animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population (as described in NMFS' SARs). While no 
serious injury or mortality is anticipated or authorized here, PBR and 
annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species or 
stocks and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS' stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS' Alaska Marine Mammal SARs. All values presented in table 3 are 
the most recent available at the time of publication (including from 
the draft 2023 SARs) and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

                                              Table 3--Species Likely Impacted by the Specified Activities
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                                                                                         ESA/MMPA status;    Stock abundance (CV,
             Common name                  Scientific name               Stock             strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \1\          abundance survey) \2\               SI \3\
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                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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Family Balaenopteridae (rorquals):
    Humpback whale..................  Megaptera novaeanglinae  Hawai[revaps]i.........  -,-,N               11,278 (0.56, 7,265,          127      27.09
                                                                                                             2020).
                                                               Mexico-North Pacific...  T,D,Y               918 (0.217, UNK, 2006)        UNK       0.57
    Minke whale.....................  Balaenoptera             Alaska.................  -,-,N               UNK...................         NA          0
                                       acutorostra.
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                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Delphinidae:
    Killer whale....................  Orca orcinus...........  Eastern North Pacific,   -,-,N               302 (N/A, 302, 2018)..        2.2        0.2
                                                                Norther Residents,
                                                                Southeast Alaska.
                                                               Eastern North Pacific    -,-,N               1,920 (N/A, 1,920,             19        1.3
                                                                Alaska Residents.                            2019).
                                                               West Coast Transients..  -,-,N               349 (N/A, 349, 2018)..        3.5        0.4
                                                               Gulf, Aleutian, Bering   -,-,N               587 (N/A, 587, 2020)..        5.9        0.8
                                                                Transients.
Family Phocoenidae (porpoises):
    Harbor Porpoise.................  Phocoena phocoena......  Northern Southeast       -,-,N               1,619 (0.26, 1,250,            13        5.6
                                                                Alaska Inland Waters.                        2019).
    Dall's porpoise \4\.............  Phocoenoides dalli.....  Alaska.................  -,-,N               UND (UND, UND, 2015)..        UND         37
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                                                         Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and
 sea lions):
    Steller sea lion................  Eumetopias jubatus.....  Western Stock..........  E,D,Y               49,837 (N/A, 49,837,          299        267
                                                                                                             2022).
                                                               Eastern Stock..........  -,-,N               36,308 (N/A, 36,308,        2,178       93.2
                                                                                                             2022).
    Northern fur seal...............  Callorhinus ursinus....  Pribilof Island/Eastern  -,D,Y               626,618 (0.2, 530,376,     11,403        373
                                                                Pacific Stock.                               2019).
Family Phocidae (earless seals):
    Harbor seal.....................  Phoca vituline           Alaska-Lynn Canal/       -,-,N               13,388 (N/A, 11,867,          214         50
                                       richardii.               Stephens Passage.                            2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
\4\ Previous abundance estimates covering the entire stock's range are no longer considered reliable and the current estimates presented in the SARs and
  reported here only cover a portion of the stock's range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of
  the stock's range. PBR is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for
  the entire stock's range.

    We have preliminarily determined that no new information affects 
our original analysis of impacts under the initial IHA. However, as 
stated above, MOS is requesting to add take by Level A and Level B 
harassment of northern fur seal. This species was not previously 
documented in Skagway and was not expected to appear in the project 
area; therefore, no take was originally requested or authorized in the 
initial IHA. However, a northern fur seal yearling has been observed 
near the project site on multiple occasions in January 2024.
Northern Fur Seal
    Northern fur seals primarily inhabit open ocean and rocky or sandy 
beaches on islands for resting, reproduction, and molting (NOAA 2022a). 
Non-breeding northern fur seals may occasionally haul out on land at 
other sites in Alaska, British Columbia, and on islets along the west 
coast of the United States (Fiscus, 1983). During the reproductive 
season, adult males usually are on shore during the 4-month period from 
May to August, although some may be present until November. Adult 
females are on

[[Page 22687]]

shore during a 6-month period, June to November. Following their 
respective times ashore, Alaska northern fur seals of both sexes then 
move south and remain at sea until the next breeding season (Roppel 
1984). In Alaska, pups are born during summer months and leave the 
rookeries in the fall, on average around mid-November but ranging from 
late October to early December. Alaska northern fur seal pups generally 
remain at sea for 22 months (Kenyon and Wilke 1953). There is no 
relevant site-specific information on northern fur seals in the project 
area other than the two sightings of one individual in January 2024 by 
PSOs.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat may be found in the documents 
supporting the final IHA, which remains applicable to the modification 
of the IHA. NMFS is not aware of new information regarding potential 
effects.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
authorized take for the specified activity are found in the previous 
notice (88 FR 60652, September 5, 2023). The types and sizes of piles, 
ensonified areas and source levels, methods of pile driving, and 
methods for calculating take remain unchanged from the IHA.
    The proposed modification addresses the updated species densities 
to accommodate work in spring and summer, which would result in 
increased take by Level B harassment of Steller sea lions. The proposed 
modification includes work in spring and summer seasons, which were not 
previously included in the IHA. Therefore, in this modification MOS 
uses the same density methodology for take calculations but using an 
annual average density for each species (see revised species densities 
in table 4). Additionally, this proposed modification adds take by both 
Level A and Level B harassment for northern fur seal, which were not 
previously expected to be in the project area. The annual average 
density estimate for northern fur seal is provided below utilizing the 
same methodology as all other species in the original IHA.

                          Table 4--Density of Marine Mammal Species in the Project Area
----------------------------------------------------------------------------------------------------------------
                                     Seasonal density  (animals per square kilometer (km\2\))         Average
                                 ----------------------------------------------------------------     density
             Species                                                                               (animals  per
                                      Spring          Summer           Fall           Winter          km\2\)
----------------------------------------------------------------------------------------------------------------
Humpback whale..................      \1\ 0.0081          0.0117           0.018      \1\ 0.0081          0.0115
Minke whale.....................      \1\ 0.0003          0.0008          0.0005      \1\ 0.0003          0.0005
Killer whale....................          0.0153       \2\ 0.005          0.0349       \2\ 0.005          0.0151
Harbor porpoise.................        \3\ 0.01        \3\ 0.01        \3\ 0.01        \3\ 0.01            0.01
Dall's porpoise.................       \3\ 0.121       \3\ 0.121       \3\ 0.121       \3\ 0.121           0.121
Harbor seal.....................       \4\ 1.727          0.7811       \4\ 1.727       \4\ 1.727          1.4905
Steller sea lion................          0.2662          0.3162          0.2205          0.2662          0.2673
Northern fur seal...............          0.2763               0               0               0          0.0691
----------------------------------------------------------------------------------------------------------------
\1\ Listed density was provided for winter and spring.
\2\ Listed density was provided for winter and summer.
\3\ Listed density was annual average.
\4\ Listed density was provided for fall, winter, and spring.

    MOS is requesting a modification of the previously issued 
authorization to add take by Level A and Level B harassment of northern 
fur seal and to adjust the take requests for other species based on 
average species densities throughout the year due to work occurring in 
all seasons. This consequently increases the take by Level B harassment 
request for Steller sea lion (table 5). No other species take requests 
are updated in this modification. Additionally, the updated take by 
Level B harassment of Steller sea lions is only a modification for the 
Eastern US stock and not the MMPA depleted Western US stock which is 
equivalent to the listed Western DPS. As per the original IHA and the 
Biological Opinion, we still only expect take by Level B harassment of 
3 individuals from the Western US stock and the remaining 267 from the 
Eastern US stock.

                                        Table 5--Requested Take Amount, Per Species, Relative to Population Size
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                                                                                                                                            Percent of
                                                                  Stock                       Level A         Level B       Total take      population
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale.................................  Hawaii.................................               2              13              15              <1
                                                 Mexico-North Pacific...................               0               1               1              <1
Minke whale....................................  Alaska.................................               2               6               8             UNK
Killer whale...................................  Eastern North Pacific, Northern                       2              90              92            2.57
                                                  Residents, Southeast Alaska; Eastern
                                                  North Pacific Alaska Residents; West
                                                  Coast Transients; and Gulf, Aleutian,
                                                  Bering Transients.
Harbor porpoise................................  Southeast Alaska.......................              17              75              92             8.9
Dall's porpoise................................  Alaska.................................              43             193             236             1.8
Harbor seal....................................  Alaska--Lynn Canal/Stephens Passage....             193           2,760           2,953           22.14
Steller sea lion...............................  Eastern US + Western US................               2             270             272              <1
Northern fur seal..............................  Pribilof Islands/eastern Pacific stock.               2              45              47              <1
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[[Page 22688]]

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring and reporting measures are 
identical to those included in the initial IHA and remain relevant for 
this modified IHA. These can all be found in the documents supporting 
the initial final IHA.

Preliminary Determinations

    With the exception of the revised take numbers and addition of a 
new species, the MOS's in water construction activities as well as 
mitigation and reporting requirements are unchanged from those in the 
initial IHA. The effects of the activity on the affected species and 
stocks remain unchanged, notwithstanding the increase to the authorized 
amount of Steller sea lion take by Level B harassment and addition of 
take by Level A and Level B harassment of northern fur seal.
    The additional takes from Level A and Level B harassment would be 
due to potential behavioral disturbance, temporary threshold shift 
(TTS) or permanent threshold shift (PTS). No serious injury or 
mortality is anticipated given the nature of the activity and measures 
designed to minimize the possibility of injury to marine mammals. The 
potential for harassment is minimized through the construction method 
and the implementation of the planned mitigation measures (see 
Description of Proposed Mitigation, Monitoring and Reporting Measures 
section).
    The MOS's proposed pile driving project precludes the likelihood of 
serious injury or mortality. For all species and stocks, take would 
occur within a limited, confined area (within Taiya Inlet) of the 
stock's range. Level A and Level B harassment would be reduced to the 
level of least practicable adverse impact through use of mitigation 
measures described herein. Furthermore, the amount of take proposed to 
be authorized is extremely small when compared to stock abundance.
    The additional 74 takes of Steller sea lion represents a minor 
increase in the percent of stock taken that was authorized in the 
initial IHA, and the anticipated impacts are identical to those 
described in the 2023 final IHA. Additionally, this increase is only of 
the Eastern US stock; no additional takes of the Western US stock are 
anticipated or proposed for authorization. There is no new information 
suggesting that our initial analysis or findings should change for 
Steller sea lions. Separately, the addition of take proposed by Level A 
and Level B harassment of northern fur seal is less than 0.1 percent of 
the total stock and therefor this activity will not cause effects on 
annual rates of recruitment or survival. We have preliminarily 
determined that the impacts resulting from this activity are not 
expected to adversely affect annual rates of recruitment or survival 
for northern fur seals and we preliminarily re-affirm our previous 
findings for Steller sea lions.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily 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 proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the proposed authorized takes represent 
small numbers of marine mammals relative to the affected stock 
abundances; and (4) MOS'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 (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we plan to authorize take for 
endangered or threatened species, in this case with the Alaska Regional 
Office.
    For the original IHA, NMFS Office of Protected Resources completed 
a Section 7 consultation with the NMFS Alaska Regional Office for the 
issuance of this IHA on August 23, 2023. The Alaska Regional Office's 
biological opinion states that the action is not likely to jeopardize 
the continued existence of the listed species. This modification of the 
IHA does not modify or change any take of listed species and there for 
the prior determination remains unchanged.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue a modified IHA to MOS for conducting construction activities 
associated with the terminal redevelopment in Skagway, Alaska, provided 
the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated. A draft of the proposed IHA can be found 
at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the 2023 IHA), the proposed 
authorization, and any other aspect of this notice of proposed 
modification of the IHA for the Skagway terminal redevelopment project. 
Please include with your comments any supporting data or literature 
citations to help inform our final decision on the request for MMPA 
authorization.

    Dated: March 28, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-06963 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-22-P