83520 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices 

no later than 5 p.m. Pacific time on 

January 21, 2021. Comments received 

after this date may not be considered. 

ADDRESSES: Written comments on the 

PEPD and/or permit application should 

be addressed to Emi Melton; NMFS, 

West Coast Regional Office; 1201 NE 

Lloyd Blvd., Suite 1100, Portland, OR 

97232. Comments may be submitted by 

email. The mailbox address for 

providing email comments is: 

hatcheries.public.comment@noaa.gov. 

Include in the subject line of the email 

comment the following identifier: 

Comments on Skykomish River PEPD 

and/or permit application. 

The documents are available on the 

internet at: https://

www.fisheries.noaa.gov/action/ 

skykomish-summer-steelhead-hatcheryprogram-and-sunset-falls-trap-and-haulprogram. 

FOR FURTHER INFORMATION CONTACT: Emi 

Melton at (503) 736–4739 or by email at 

emi.melton@noaa.gov. 

SUPPLEMENTARY INFORMATION

ESA-Listed Species Covered in This 

Notice 

• Puget Sound Chinook Salmon 

(Oncorhynchus tshawytscha): 

threatened, naturally and artificially 

propagated 

• Puget Sound Steelhead 

(Oncorhynchus mykiss): threatened, 

naturally and artificially propagated 

Background 

The Tulalip Tribes and Washington 

Department of Fish and Wildlife 

(collectively the co-managers) have 

submitted an HGMP to NMFS pursuant 

to limit 6 of the ESA 4(d) Rule for a 

summer steelhead hatchery program in 

the Skykomish River basin. The 

hatchery program is intended to 

contribute to fulfilling Federal tribal 

trust responsibilities and treaty rights 

guaranteed through treaties and 

affirmed in U.S. v. Washington (1974). 

It is also designed to contribute to the 

survival and recovery of Puget Sound 

steelhead and produce summer 

steelhead for sustainable fisheries. 

Washington Department of Fish and 

Wildlife has also submitted an ESA 

section 10(a)(1)(A) permit application 

for a trap and haul program in the 

Skykomish River basin. The trap and 

haul program traps various species of 

salmon, steelhead, and trout, and hauls 

them above Sunset Falls to provide 

better habitat for these species. 

Authority 

16 U.S.C. 1531 et seq.; 16 U.S.C. 742a 

et seq.; § 222.303 also issued under 16 

U.S.C. 1361 et seq. 

Dated: December 17, 2020. 

Angela Somma, 

Chief, Endangered Species Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2020–28229 Filed 12–21–20; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA700] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Erickson 

Residence Marine Access Project in 

Juneau, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of Incidental 

Harassment Authorization (IHA). 

SUMMARY: NMFS has received a request 

from Jim Erickson for the re-issuance of 

a previously issued incidental 

harassment authorization with the only 

change being effective dates. The initial 

IHA authorized take of seven species of 

marine mammals, by Level A and Level 

B harassment, incidental to construction 

associated with the Erickson Residence 

Marine Access Project in Juneau, 

Alaska. The project has been delayed 

and none of the work covered in the 

initial IHA has been conducted. The 

initial IHA was effective from January 1, 

2020 through December 31, 2020. Mr. 

Erickson has requested re-issuance with 

new effective dates of January 1, 2021 

through December 31, 2021. The scope 

of the activities and anticipated effects 

remain the same, authorized take 

numbers are not changed, and the 

required mitigation, monitoring, and 

reporting remains the same as included 

in the initial IHA. NMFS is, therefore, 

issuing a second identical IHA to cover 

the incidental take analyzed and 

authorized in the initial IHA. 

DATES: This authorization is effective 

from January 1, 2021 through December 

31, 2021. 

ADDRESSES: An electronic copy of the 

final 2020 IHA previously issued to Mr. 

Erickson, Mr. Erickson’s application, 

and the Federal Register notices 

proposing and issuing the initial IHA 

may be obtained by visiting https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-ericksonresidence-marine-access-project-aukebay-alaska. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Amy Fowler, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

Marine Mammal Protection Act (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 authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such 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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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 November 27, 2019, NMFS 

published final notice of our issuance of 

an IHA authorizing take of marine 

mammals incidental to the Erickson 

Residence Marine Access Project (84 FR 

65360). The effective dates of that IHA 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices 83521 

were January 1, 2020 through December 

31, 2020. On December 2, 2020, Mr. 

Erickson informed NMFS that the 

project was delayed. None of the work 

identified in the initial IHA (e.g., pile 

driving and removal) has occurred. Mr. 

Erickson submitted a request for a new 

identical IHA that would be effective 

from January 1, 2021 through December 

31, 2021, in order to conduct the 

construction work that was analyzed 

and authorized through the previously 

issued IHA. Therefore, re-issuance of 

the IHA is appropriate. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities (including 

mitigation, monitoring, and reporting), 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

and authorized through the previously 

issued IHA. 

Mr. Erickson plans to replace his 

private moorage facility in Auke Bay in 

Juneau, Alaska to provide a safer, more 

accessible and secure dock. Six 12- to 

16-inch (in) timber piles will be 

removed using a vibratory hammer, and 

six steel pipe piles (four 12.75-in steel 

pipe piles and two 20-in steel pipe 

piles) will be installed using vibratory 

and impact hammers over the course of 

up to eight days. Of those eight days, 

impact pile driving may occur on up to 

four days and vibratory pile removal 

and installation may occur on up to six 

days. Drilling may be required to install 

the larger diameter steel piles. If 

required, drilling may occur on up to 

two days. Vibratory pile removal and 

installation, impact pile installation, 

and drilling would introduce 

underwater sounds at levels that may 

result in take, by Level A and Level B 

harassment, of marine mammals in 

Auke Bay. The location, timing, and 

nature of the activities, including the 

types of equipment planned for use, are 

identical to those described in the initial 

IHA. The mitigation and monitoring are 

also as prescribed in the initial IHA. 

Species that are expected to be taken 

by the planned activity include harbor 

porpoise (Phocoena phocoena), Dall’s 

porpoise (Phocoenoides dalli), harbor 

seal (Phoca vitulina), Steller sea lion 

(Eumetopias jubatus), California sea 

lion (Zalophus californianus), 

humpback whale (Megaptera 

novaeangliae), minke whale 

(Balaenoptera acutorostrata), and killer 

whale (Orcinus orca). A description of 

the methods and inputs used to estimate 

take anticipated to occur and, 

ultimately, the take that was authorized 

is found in the previous documents 

referenced above. The data inputs and 

methods of estimating take are identical 

to those used in the initial IHA. NMFS 

has reviewed recent Stock Assessment 

Reports, information on relevant 

Unusual Mortality Events, and recent 

scientific literature, and determined that 

no new information affects our original 

analysis of impacts or take estimate 

under the initial IHA. 

We refer to the documents related to 

the previously issued IHA, which 

include the Federal Register notice of 

the issuance of the initial 2020 IHA for 

Mr. Erickson’s construction work (84 FR 

65360; November 27, 2019), Mr. 

Erickson’s application, the Federal 

Register notice of the proposed IHA (84 

FR 50387; September 25, 2019), and all 

associated references and documents. 

Determinations 

Mr. Erickson will conduct activities as 

analyzed in the initial 2020 IHA. As 

described above, the number of 

authorized takes of the same species and 

stocks of marine mammals are identical 

to the numbers that were found to meet 

the negligible impact and small 

numbers standards and authorized 

under the initial IHA and no new 

information has emerged that would 

change those findings. The re-issued 

2021 IHA includes identical required 

mitigation, monitoring, and reporting 

measures as the initial IHA, and there is 

no new information suggesting that our 

analysis or findings should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has determined the following: (1) 

The required mitigation measures will 

effect the least practicable impact on 

marine mammal species or stocks and 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; and (4) Mr. Erickson’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. 

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 with respect to 

environmental consequences on the 

human environment. 

Accordingly, NMFS has determined 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE B4 of the Companion Manual for 

NOAA Administrative Order 216–6A, 

which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. 

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, in this 

case with the Alaska Regional Office, 

whenever we propose to authorize take 

for endangered or threatened species. 

The effects of this proposed Federal 

action were adequately analyzed in 

NMFS’ Biological Opinion for the 

Erickson Residence Marine Access 

Project, dated November 15, 2019, 

which concluded that the take NMFS 

proposed to authorize through this IHA 

would not jeopardize the continued 

existence of any endangered or 

threatened species or destroy or 

adversely modify any designated critical 

habitat. 

Authorization 

NMFS has issued an IHA to Jim 

Erickson for in-water construction 

activities associated with the specified 

activity from January 1, 2021 through 

December 31, 2021. All previously 

described mitigation, monitoring, and 

reporting requirements from the initial 

2020 IHA are incorporated. 

Dated: December 16, 2020. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2020–28170 Filed 12–21–20; 8:45 am] 

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