12918 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 

REPOSITORIES WITH PAPER COPIES OF THE DRAFT PHASE II RP #3.2 AND MBSD DEIS EXECUTIVE SUMMARY, AND

ELECTRONIC COPIES OF THE MBSD DEIS AND APPENDICES ON A USB—Continued 

Location Address 

St. Bernard Parish Library ......................................... 2600 Palmisano Blvd., Chalmette, LA 70043, (504) 279–0448. 

St. Martin Parish Library ........................................... 201 Porter St., St. Martinville, LA 70582, (337) 394–2207. 

Alex P. Allain Library ................................................. 206 Iberia St., Franklin, LA 70538, (337) 828–5364. 

Vermilion Parish Library ............................................ 405 E. Victor St., Abbeville, LA 70510, (337) 893–2674. 

Martha Sowell Utley Memorial Library ...................... 705 W. 5th St., Thibodaux, LA 70301, (985) 447–4119. 

Calcasieu Parish Public Library, Central Branch ...... 301 W. Claude St., Lake Charles, LA 70605, (337) 721–7116. 

Iberia Parish Library .................................................. 445 E. Main St., New Iberia, LA 70560, (337) 364–7024. 

LSU Agricultural Center, Southwest Region ............. 1105 West Port St., Abbeville, LA 70510, (337) 898–4335. 

Translation Opportunities 

Vietnamese and Spanish translation 

will be available at all meetings. All prerecorded presentations are in English, 

but are available on USACE CEMVN’s 

project web page in English, 

Vietnamese, and Spanish. Anyone 

requiring translation in other languages 

should contact Ricky Boyett at 

ricky.d.boyett@usace.army.mil or 504– 

862–1524. 

Administrative Record 

The documents comprising the 

Administrative Record for the Draft 

Phase II RP #3.2 can be viewed 

electronically at http://www.doi.gov/ 

deepwaterhorizon/adminrecord. 

Authority 

The authority of this action is the Oil 

Pollution Act of 1990 (33 U.S.C. 2701 et 

seq.) and its implementing Oil Pollution 

Act Natural Resource Damage 

Assessment regulations found at 15 CFR 

part 990 and the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). 

Dated: February 25, 2021. 

Carrie Diane Robinson, 

Director, Office of Habitat Conservation, 

National Marine Fisheries Service. 

[FR Doc. 2021–04355 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA912] 

Marine Mammals; File No. 23960 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Minnesota Zoological Gardens, 13000 

Zoo Boulevard, Apple Valley, MN 

55124 (Responsible Party: Tony Fisher), 

has applied in due form for an 

enhancement permit for captive 

Hawaiian monk seals (Neomonachus 

schauinslandi). 

DATES: Written, telefaxed, or email 

comments must be received on or before 

April 5, 2021. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the ‘‘Features’’ box on 

the Applications and Permits for 

Protected Species (APPS) home page, 

https://apps.nmfs.noaa.gov, and then 

selecting File No. 23960 from the list of 

available applications. These documents 

are also available upon written request 

via email to NMFS.Pr1Comments@

noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 23960 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Sara Young, (301) 

427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

The Minnesota Zoological Gardens 

(MZG) proposes continued maintenance 

of two non-releasable Hawaiian monk 

seals for enhancement purposes. These 

animals would be provided with daily 

husbandry care and treatment for 

current medical conditions, routine 

veterinary care, and would be made 

available for opportunistic research. 

MZG will continue public awareness 

through education and observation, and 

non-intrusive husbandry and medical 

studies conducted incidental to the 

routine care and husbandry of the 

animals. The permit is requested for the 

maximum 5-year period. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: March 1, 2021. 

Amy Sloan, 

Acting Chief, Permits and Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–04528 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA840] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ferry Berth 

Improvements in Tongass Narrows, 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed Renewal incidental 

harassment authorization. 

SUMMARY: NMFS received a request from 

the Alaska Department of 


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Transportation and Public Facilities 

(ADOT&PF) for the Renewal of their 

currently active incidental harassment 

authorization (IHA) to take marine 

mammals incidental to activity related 

to Phase 1 of the two-part ferry berth 

improvements and construction in 

Tongass Narrows, near Ketchikan, AK. 

These activities consist of activities that 

are covered by the current authorization 

but will not be completed prior to its 

expiration. Pursuant to the Marine 

Mammal Protection Act (MMPA), prior 

to issuing the currently active IHA, 

NMFS requested comments on both the 

proposed IHA and the potential for 

renewing the initial authorization if 

certain requirements were satisfied. The 

Renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed Renewal not previously 

provided during the initial 30-day 

comment period. 

DATES: Comments and information must 

be received no later than March 22, 

2021. 

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 ITP.DeJoseph@noaa.gov. 

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-undermarine-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: 

Bonnie DeJoseph, 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-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization is 

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 such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

one year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a Renewal for this 

activity, and requested public comment 

on a potential Renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-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 

Specific Activity section of this notice is 

planned or (2) the activities as described 

in the Specified Activities section of 

this notice would not be completed by 

the time the IHA expires and a Renewal 

would allow for completion of the 

activities beyond that described in the 

Dates and Duration section of this 

notice, provided all of the following 

conditions are met: 

• 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 one year from 

expiration of the initial IHA). 

• The request for renewal must 

include the following: 

(1) 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). 

(2) 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. 

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/incidentalharassment-authorization-renewals. 

Any comments received on the potential 

Renewal, along with relevant comments 

on the initial IHA, have been considered 

in the development of this proposed 

IHA Renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested Renewal, and agency 


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responses will be summarized in the 

final notice of our decision. 

The National Defense Authorization 

Act (Pub. L. 108–136) removed the 

‘‘small numbers’’ and ‘‘specified 

geographical region’’ limitations 

indicated above and amended the 

definition of ‘‘harassment’’ as it applies 

to a ‘‘military readiness activity.’’ 

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 NAO 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 

Renewal IHA qualifies to be 

categorically excluded from further 

NEPA review. 

We will review all comments 

submitted in response to this notice 

prior to concluding our NEPA process 

or making a final decision on the IHA 

requests. 

History of Request 

On March 1, 2020, NMFS issued two, 

consecutive IHAs to ADOT&PF to take 

marine mammals incidental to Phase I 

and II activity related to ferry berth 

improvements and construction in 

Tongass Narrows, near Ketchikan, AK 

(85 FR 673; January 7, 2020), effective 

from March 1, 2020 through February 

28, 2021. On December 28, 2020, NMFS 

received an application for the Renewal 

of the initial Phase I IHA. As described 

in the application for Renewal IHA, the 

activities for which incidental take is 

requested consist of activities that are 

covered by the initial Phase 1 

authorization 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-alaskadepartment-transportation-ferry-berthimprovements) which confirms that the 

applicant has implemented the required 

mitigation and monitoring, and which 

also shows that no impacts of a scale or 

nature not previously analyzed or 

authorized have occurred as a result of 

the activities conducted. 

Description of the Specified Activities 

and Anticipated Impacts 

ADOT&PF will be unable to complete 

all of the planned work of the 2020 IHA 

(Phase 1) on the ferry berths in Tongass 

Narrows before the expiration date of 

February 28, 2021; therefore, they have 

requested a Renewal IHA to authorize 

take of marine mammals for the subset 

of the initially planned work among the 

four permanent project components 

(i.e., new Revilla ferry berth, new 

Gravina Island Shuttle Ferry Berth and 

Terminal Improvements, Gravina 

Airport Ferry Layup Facility and the 

Gravina Freight) of Phase I that could 

not be completed. These planned 

construction activities would allow 

ADOT&PF to improve the reliability of 

the transportation system as well as 

access to Gravina Island and Ketchikan 

International Airport. The renewal 

request includes two minor changes to 

the activity. Specifically the number of 

days requested for temporary pile 

driving and providing for a higher 

maximum number of piles that may be 

installed per day via impact and 

vibratory driving (up from a max of 

three to eight piles). This change does 

not substantively affect the previous 

analysis or change the take estimate. 

Otherwise, the activity is identical to 

the initial IHA and includes four 

methods of pile installation: vibratory 

and impact hammers, down-hole 

drilling of rock sockets, and installation 

of tension anchors at some locations 

(see Tables 1 and 2). Moreover, Phase II 

activities will only begin upon the 

completion of Phase I, as stated in the 

2020 IHA. 

Anticipated impacts would include 

both Level A harassment, which will be 

identical to those analyzed and 

authorized in the 2020 IHA, and Level 

B harassment of marine mammals 

(though fewer, since from a subset of 

activities). ADOT&PF’s request is for 

take of a small number of eight species 

of marine mammals, by Level B 

harassment: Steller sea lion (Eumetopias 

jubatus), harbor seal (Phoca vitulina 

richardii), harbor porpoise (Phocoena 

phocoena), Dall’s porpoise 

(Phocoenoides dalli), Pacific whitesided dolphin (Lagenorhynchus 

bliquidens), killer whale (Orcinus orca), 

humpback whale (Megaptera 

novaeangliae), and minke whale 

(Balaenoptera acutorostrata). Of the 

eight species, three (harbor seal, harbor 

porpoise, and Dall’s porpoise) may also 

be taken by Level A harassment. 

Monitoring results of the 2020 

construction activities indicate that 

observed exposures above Level A and 

Level B harassment thresholds (see 

monitoring report) were below the 

amount authorized in association with 

the amount of work conducted; thus, the 

subset of Level A and Level B 

harassment take remaining from that 

authorized under the 2019 IHA will be 

sufficient to cover the 2020 pile 

installation and removal activities. 

Detailed Description of the Activity 

As discussed earlier, this is a Renewal 

to complete the subset of the activity not 

completed under the initial IHA (85 FR 

673; January 7, 2020). Due to 

construction schedule delays, 

designated work was only conducted on 

56 of the estimated 144 days (reduced 

to 101 days of pile driving activity 

planned in the 2020 IHA). ADOT&PF 

installed 11 temporary piles (of which 

one was already removed) and 41 

permanent piles over approximately 23 

construction days in 2020. As of the 

submission of their Renewal request, 

ADOT&PF expected to drive pile for 40 

more days and complete installation of 

(27) 24-inch trestle piles, (5) 24-inch 

bridge abutment piles, (15) 24-inch 

floating fender dolphin piles, 27 

remaining sheet piles, and (10) 30-inch 

steel float piles for the Revilla New 

Ferry Berth and Upland Improvements 

between January 4 and February 28, 

2021 under the 2020 IHA. As of 

February 2, 2021, the following work 

remains to be completed during the oneyear 2021 renewal IHA: installation of 

192 piles, 73 rock sockets, and 78 

tension anchors and installation (38) 

and removal (40) of temporary piles. 

Although some work may be completed 

between February 2 and the expiration 

of the initial IHA (February 28), the 

applicant requests authorization for the 

work remaining as of February 2 

outlined in Tables 1 and 2. The 

proposed Renewal would be effective 

for a period of one year from the date 

of issuance. 

This Renewal request is nearly 

identical to that of the 2020 IHA, in that 

it is comprised of a subset of the work 

that was covered in the initial IHA, with 

two small changes that do not affect the 

previous analyses: the number of days 

requested for temporary pile driving and 

the maximum number of piles that may 

be driven in a day, which has been 

increased from three to eight. 

Regarding the number of days of 

temporary pile driving, the initial IHA 

application specified 7–11 days of 

temporary pile driving would be needed 

to complete all projects during Phase 1. 

The temporary pile driving at the 

Revilla New Ferry Berth required 7 


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days, instead of the 2–3 days listed in 

the IHA application, because of 

subsurface boulders and weather 

conditions. It is expected that more days 

than initially anticipated will be needed 

to complete the remaining temporary 

pile driving; therefore, the renewal 

requests 5–8 days of temporary pile 

installation (the original needs of the 

remaining three component projects) to 

complete the work, which is still fewer 

than included in the initial IHA. 

The mitigation and monitoring will be 

identical to that of the 2020 IHA, with 

the exception of enlarged shutdown 

zones that reflect the modified Level A 

harassment zones, which have changed 

because of the increased number of piles 

that may potentially be driven 

concurrently. The shutdown zone for 

humpback whales will equal that of the 

Level A zone, while the pile driving 

shutdown zones for all other hearing 

groups are greater than Level A zones. 

A detailed description of the 

construction activities for which take is 

proposed here may be found in the 

notices of the proposed (84 FR 34134; 

July 17, 2019) and final IHAs (85 FR 

673; January 7, 2020) for the 2020 

authorization. All documents associated 

with the 2020 IHA (i.e., the IHA 

application, proposed IHA, final IHA, 

public comments, monitoring reports, 

etc.) can be found on NMFS’s website, 

https://www.fisheries.noaa.gov/action/ 

incidental-take-authorization-alaskadepartment-transportation-ferry-berthimprovements. 

TABLE 1—PERMANENT PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION DURING 2021 RENEWAL

Project component pile 

type 

Number of 

piles 

Number of 

rock sockets 

Number of 

tension 

anchors 

Average 

vibratory 

duration 

per pile 

(minutes) 

Average 

drilling 

duration for 

rock sockets 

per pile 

(minutes) 

Impact 

strikes per 

pile 

Average 

duration 

(minutes) 

per pile for 

vibratory 

Average 

piles per 

day 

(range) 

Days of 

installation 

Revilla New Ferry Berth and Upland Improvements 

24′′ Pile Diameter .......... 15 0 12 30 N/A 200 30 1.5 (1–3) 36 

30′′ Pile Diameter .......... 2 0 14 30 N/A 200 30 1.5 (1–3) 12 

30′′ Sheet Pile ............... 0 Completed .................... ........................ ........................ .................... ........................ .................... ....................

New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements 

24′′ Pile Diameter .......... 65 52 25 15 120 50 15 1.5 (1–3) 44 

30′′ Pile Diameter .......... 8 4 4 15 180 50 15 1.5 (1–3) 5 

27.6′′ Sheet Pile ............ 74 N/A N/A 15 N/A N/A 15 6 

(6–12) 

12 

Gravina Airport Ferry Layup Facility 

18′′ Pile Diameter .......... 3 0 0 15 N/A 50 15 1.5 (1–3) 2 

30′′ Pile Diameter .......... 12 12 10 15 180 50 15 1.5 

(1–3) 

8 

Gravina Freight Facility 

20′′ Pile Diameter .......... 6 0 6 15 N/A 50 15 1.5 (1–3) 4 

24′′ Pile Diameter .......... 3 3 3 ........................ 120 50 15 1.5 (1–3) 2 

30′′ Pile Diameter .......... 4 2 4 15 180 50 15 1.5 (1–3) 3 

PHASE 1 Total ....... 192 73 78 ........................ ........................ .................... ........................ .................... 128 a

a. Identically to Phase I, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days reduces in-water construction to 90 days. 

TABLE 2—NUMBERS OF TEMPORARY PILES PLANNED TO BE INSTALLED AND REMOVED FOR EACH PROJECT COMPONENT

IN 2021 

Project component 

Number of 

temporary 

piles 

Average 

vibratory 

duration per 

pile for 

installation 

(minutes) 

Average 

vibratory 

duration per 

pile for 

removal 

(minutes) 

Days of 

installation 

Days of 

removal Piles per day 

Revilla New Ferry Berth and Upland Improvements.8 0-currently installed.15 0 2 to 3 4 to 6 

New Gravina Island Shuttle Ferry Berth/ 

Related Terminal Improvements.

12 15 ................. 15 2 to 3 2 to 3 4 to 6 

Gravina Airport Ferry Layup Facility ......... 8 15 ................. 15 1 to 2 0.75 to 2 4 to 6 

Gravina Freight Facility ............................. 12 15 ................. 15 2 to 3 2 to 3 4 to 6 

Total ................................................... 40 480 (8 hrs) ... 600 (10 hrs) 5–11 7–11 ........................

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the notices of the Proposed (84 

FR 34134; July 17, 2019) and Final (85 

FR 673; January 7, 2020) IHAs for the 

initial authorization. NMFS has 

reviewed the monitoring data from the 

initial IHA, recent draft Stock 

Assessment Reports (SARs), information 

on relevant Unusual Mortality Events, 


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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. Updated 

stock abundances were used in this 

analysis and take estimation 

calculations per the 2020 SARs. 

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 proposed 

here may be found in the notices of the 

Proposed (84 FR 34134; July 17, 2019) 

and Final (85 FR 673; January 7, 2020) 

IHAs for the initial authorization. NMFS 

has reviewed the monitoring data from 

the initial IHA, recent draft SARs, 

information on relevant Unusual 

Mortality Events, and other scientific 

literature, and determined that neither 

this nor any other new information 

affects our initial analysis of impacts on 

marine mammals and their habitat. The 

applicant submitted the required 

preliminary monitoring results and the 

monitoring to date does not contradict 

the original take calculations or indicate 

impacts of a scale or nature not 

previously analyzed or authorized. 

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 (84 FR 34134; 

July 17, 2019) and Final (85 FR 673; 

January 7, 2020) IHAs for the initial 

authorization. Specifically, the source 

levels, days of operation, and marine 

mammal density/occurrence data 

applicable to this authorization remain 

unchanged from the previously issued 

IHA, with the exception of the fact that 

there are fewer days of operation since 

this activity is a subset of that covered 

in the initial IHA. Only the maximum 

number of piles that may be installed 

per day via impact and vibratory driving 

is increasing from a maximum of three 

to eight piles. Similarly, the stocks 

taken, methods of take, and types of take 

remain unchanged from the previously 

issued IHA, as do the number of takes 

(Level B harassment will be fewer, since 

from a subset of activities), which are 

indicated below in Table 3. 

The potential installation of up to 

eight piles per day (from three) 

increases the potential maximum radius 

of the Level A harassment zone from 

550 to 1010 meters (m) for lowfrequency, 650 to 1200 m for highfrequency, and 300 to 550 m for phocid 

pinnipeds hearing groups when driving 

a 30-inch pile. However, the likelihood 

of marine mammals entering these 

zones and staying for a duration 

sufficient to incur permanent threshold 

shift is considered low, and the 

rationale and take estimates presented 

in the initial proposed IHA (which were 

based on the likelihood of an individual 

or group entering the area some number 

of times during the activity, as opposed 

to being based on a density) remain 

applicable. Further, the detections 

reported in the preliminary monitoring 

report do not suggest that the methods 

or estimated takes need to be modified, 

even in consideration of the potentially 

larger Level A harassment zones. 

TABLE 3—PROPOSED TAKE NUMBERS TO BE AUTHORIZED BY SPECIES/STOCK

Species DPS/stock 

Estimated 

number 

of exposures 

to level B 

harassment 

Estimated 

number of 

exposures to 

level A 

harassment 

Total 

estimated 

exposures 

(level A and 

level B 

harassment) 

Steller sea lion ................................................ Eastern DPS .................................................. 1,800 0 1,800 

Harbor seal ..................................................... Clarence Strait ............................................... 765 18 783 

Harbor porpoise .............................................. Southeast Alaska ........................................... 109 15 124 

Dall’s porpoise ................................................ Alaska ............................................................. 317 15 332 

Pacific white-sided dolphin ............................. North Pacific ................................................... 92 0 92

Killer whale ...................................................... Alaska Resident .............................................

Northern Resident ..........................................

West Coast Transient ....................................

144 0 144 

Humpback whale 1 .......................................... Hawaii DPS .................................................... 238 0 238 

Mexico DPS ................................................... 15 0 15 

Minke whale .................................................... Alaska ............................................................. 7 0 7 

Note: DPS = distinct population segment. 1Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016). 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA, and the 

discussion of the least practicable 

adverse impact included in that 

document and the notice of the 

proposed IHA (84 FR 34134; July 17, 

2019) remains accurate with the minor 

modifications to the shutdown zones to 

reflect the revised Level A harassment 

zones. As with the initial IHA, pile 

driving shutdown zones greater than 

Level A Harassment zones will be 

implemented for all hearing groups 

(except for humpback whales, for which 

the shutdown zone will be equal to the 

Level A harassment zone). As noted 

previously, Level A harassment zones 

will increase for 24 and 30-inch impact 

driving in low-frequency, highfrequency, and Phocid pinnipeds 

hearing groups and the shutdown zones 

have been enlarged accordingly to 

encompass them (rounded up to the 

nearest 10 m, per NMFS standard 

practice, a slight change from the initial 

IHA, which included rounding to the 

nearest 50 m, as proposed by 

ADOT&PF). We have considered these 

changes to shutdown zones, and they do 

not change our determination that the 

proposed measures will affect the least 

practicable adverse impact on all 

affected species or stocks and their 

habitat. 

The following measures are proposed 

for this renewal: 

• Conduct briefings between 

construction supervisors and crews and 

the marine mammal monitoring team 

prior to the start of all pile driving 

activity, and when new personnel join 


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the work, to explain responsibilities, 

communication procedures, marine 

mammal monitoring protocol, and 

operational procedures; 

• For in-water heavy machinery work 

other than pile driving/removal and 

drilling (e.g., standard barges, tug boats), 

if a marine mammal comes within 10 m, 

operations shall cease and vessels shall 

reduce speed to the minimum level 

required to maintain steerage and safe 

working conditions. This type of work 

could include the following activities: 

(1) Movement of the barge to the pile 

location; or (2) positioning of the pile on 

the substrate via a crane (i.e., stabbing 

the pile); 

• Work may only occur during 

daylight hours, when visual monitoring 

of marine mammals can be conducted; 

• For any marine mammal species for 

which take by Level B harassment has 

not been requested or authorized, inwater pile installation/removal and 

drilling will shut down immediately 

when the animals are sighted; 

• In the event that more than one 

contractor is working at the same time, 

they will maintain radio or cellular 

coordination in order to coordinate pile 

installation and removal and provide 

adequate monitoring by protected 

species observers; and 

• If take by Level B harassment 

reaches the authorized limit for an 

authorized species, pile installation will 

be stopped as these species approach 

the Level B harassment zone to avoid 

additional take of them. 

Establishment of Shutdown Zone for 

Level A Harassment—For all pile 

driving/removal and drilling activities, 

ADOT&PF will establish a shutdown 

zone. The purpose of a shutdown zone 

is generally to define an area within 

which shutdown of activity would 

occur upon sighting of a marine 

mammal (or in anticipation of an animal 

entering the defined area). Shutdown 

zones will vary based on the activity 

type, marine mammal hearing group, 

and in the case of impact pile driving, 

additional details about the activity 

including the expected number of pile 

strikes required, size of the pile, and 

number of piles to be driven during that 

day (See Table 4). The placement of 

protected species observers (PSOs) 

during all pile driving, pile removal, 

and drilling activities will ensure that 

the entire shutdown zone is visible 

during pile installation. 

The shutdown zones shown in Table 

4 apply when a single piece of 

equipment is in use. In addition, 

ADOT&PF will implement a shutdown 

zone of 100 m for each vibratory 

hammer on days when it is anticipated 

that multiple vibratory hammers will be 

used. The ADOT&PF will also 

implement a shutdown zone of 100 m 

for each down-the-hole (DTH) drill on 

days when it is anticipated that two 

DTH drills will be used. 

TABLE 4—SHUTDOWN ZONES DURING USE OF A SINGLE PIECE OF EQUIPMENT

Activity Pile size 

(inches) 

Minutes per pile or 

strikes per pile 

Piles 

installed 

or removed 

per day 

Level B 

harassment 

isopleth 

(m) 

Shutdown distances 

(m) 

LF MF HF PW OW 

Vibratory Installation .. 30 ...................................................... 30 min ....................... 8 6,310 50 

24, 18 ................................................ 30 min ....................... 8 5,420 

27.6 sheet pile, 30.3 sheet pile ........ 15 min ....................... 10 4,650 

Vibratory Removal ..... 24, 16 ................................................ 30 min ....................... 5 5,420 

Drilling Rock Sockets 30 ...................................................... 180 min ..................... 3 12,030 70 50 60 

24, 18 ................................................ 120 min ..................... 3 60 50 

Impact Installation ...... 30 ...................................................... 50 strikes ................... 3 2,160 250 50 250 150 50 

2 200 200 100 

1 100 150 100 

200 strikes ................. 8 1010 1200 550 

3 550 650 300 

2 400 500 250 

1 300 300 150 

24 ...................................................... 50 strikes ................... 3 1,000 150 150 100 

2 100 150 50 

1 100 100 50 

200 strikes ................. 8 550 650 300 

3 300 350 200 

2 250 300 150 

1 150 200 100 

18 ...................................................... 50 strikes ................... 8 220 260 120 

3 150 150 100 

2 100 150 50 

1 100 100 50 

Establishment of Monitoring Zones for 

Level B Harassment—ADOT&PF will 

establish monitoring zones, based on the 

Level B harassment zones which are 

areas where sound pressure levels 

(SPLs) are equal to or exceed the 160 dB 

rms (decibel root mean square) 

threshold for impact driving and the 120 

dB rms threshold during vibratory 

driving, vibratory removal, and drilling. 

Monitoring zones provide utility for 

observing marine mammals by 

establishing monitoring protocols for 

areas adjacent to the shutdown zones. 

Monitoring zones enable observers to be 

aware of and communicate the presence 

of marine mammals in the project area 

outside the shutdown zone and thus 

prepare for a potential cease of activity 

should the animal enter the shutdown 

zone. On days and at times when a 

single piece of pile installation or 

removal equipment will be used, the 

Level B harassment zone will be 

monitored and implemented according 

to pile size, type, and installation 

method as outlined. The largest Level B 

harassment zone extends to a radius of 

12,023 m in at least one direction up or 

down Tongass Narrows when a single 

piece of driving equipment is being 

utilized, making it impracticable for the 

PSOs to consistently view the entire 

harassment area. Due to this, detections 

of exposures above the Level B 

harassment thresholds will be recorded 


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and takes will be estimated based upon 

the number of these observed detections 

and the percentage of the Level B 

harassment zone that was not visible. 

When two or more pieces of 

equipment are used simultaneously, and 

the noise they produce is not 

continuous or is a combination of 

continuous and impulsive, Table 4, 

above, will be followed to define the 

Level A and Level B harassment 

monitoring zones for each piece of 

equipment. 

On days when multiple pieces of 

equipment that produce continuous 

noise are used simultaneously, source 

levels will be determined as shown in 

Table 9, Table 10, Table 11, and Table 

12 of the initial final IHA (85 FR 673; 

January 7, 2020). The calculated source 

level will be used to determine the 

Level B harassment monitoring zones in 

accordance with values depicted in 

Table 14 of the initial final IHA (85 FR 

673; January 7, 2020). The potential 

installation of up to eight piles per day 

(from three) will not affect the Level B 

harassment monitoring zones 

calculations as the maximum number of 

simultaneous pile installation activities 

(three) has not changed from the initial 

final IHA. The assumption stands that a 

minimum of two pieces of equipment 

will be used on 30 percent of 

construction days; therefore, decreasing 

the total number of pile installation 

days from 128 to 90 days as well as the 

number of days when the Level B 

harassment zone size could exceed 

12,023 m. The increase to eight zones 

will require that daily activity 

combinations be planned appropriately 

by starting big and decreasing 

throughout the day. 

Soft Start—The use of a soft-start 

procedure provides additional 

protection to marine mammals by 

providing warning and/or giving marine 

mammals a chance to leave the area 

prior to the hammer operating at full 

capacity. For impact pile driving, 

contractors will be required to provide 

an initial set of strikes from the hammer 

at reduced percent energy, each strike 

followed by no less than a 30-second 

waiting period. This procedure will be 

conducted a total of three times before 

impact pile driving begins. Soft Start is 

not required during vibratory pile 

driving and removal activities. If a 

marine mammal is present within the 

Level A harassment zone, soft start will 

be delayed until the animal leaves the 

Level A harassment zone. Soft start will 

begin only after the PSO has 

determined, through sighting, that the 

animal has moved outside the Level A 

harassment zone. If a marine mammal is 

present in the Level B harassment zone, 

soft start may begin and a take by Level 

B harassment will be recorded. Soft start 

up may occur when these species are in 

the Level B harassment zone, whether 

they enter the Level B harassment zone 

from the Level A harassment zone or 

from outside the project area. 

Pre-Activity Monitoring—Prior to the 

start of daily in-water construction 

activity, or whenever a break in pile 

driving of 30 minutes or longer occurs, 

the PSO will observe the shutdown and 

monitoring zones for a period of 30 

minutes. The shutdown zone will be 

cleared when a marine mammal has not 

been observed within the zone for that 

30-minute period. If a marine mammal 

is observed within the shutdown zone, 

a soft-start cannot proceed until the 

animal has left the zone or has not been 

observed for 15 minutes. If the Level B 

harassment zone has been observed for 

30 minutes and marine mammals are 

not present within the zone, soft start 

procedures can commence and work 

can continue even if visibility becomes 

impaired within the Level B harassment 

zone. When a marine mammal 

permitted for take by Level B 

harassment is present in the Level B 

harassment zone, piling activities may 

begin and take by Level B harassment 

will be recorded. As stated above, if the 

entire Level B harassment zone is not 

visible at the start of construction, piling 

or drilling activities can begin. If work 

ceases for more than 30 minutes, the 

pre-activity monitoring of both the Level 

B harassment and shutdown zone will 

commence. 

Timing Restrictions—ADOT&PF plans 

to implement the Essential Fish Habitat 

(EFH) Conservation Recommendations 

developed by NMFS. These include a no 

in-water work timing window for three 

project components, Revilla New Ferry 

Berth and Upland Improvements, 

Gravina Airport Ferry Layup Facility, 

and Revilla Refurbish Existing Ferry 

Berth Facility, with no in-water work 

occurring between March 1 and June 15. 

Implementation of this timing window 

will likely reduce exposure/take of 

marine mammals to levels below what 

has been predicted, because some 

project locations will be able to install 

piles when other locations may not. 

During Phase 2 in-water pile 

installation and removal on the Revilla 

Island side of the Narrows will be 

limited to no more than 2 hours that 

shall not coincide with in-water pile 

installation/removal activities on 

Gravina Island. 

Based on our evaluation of the 

applicant’s required measures NMFS 

has determined that the mitigation 

measures provide the means of effecting 

the least practicable impact on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

Monitoring and Reporting 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density). 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas). 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors. 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks. 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat). 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

Monitoring would be conducted 30 

minutes before, during, and 30 minutes 

after pile driving/removal and drilling 

activities. In addition, observers shall 

record all incidents of marine mammal 

occurrence, regardless of distance from 

activity, and shall document any 

behavioral reactions in concert with 

distance from piles being driven or 

removed. Pile driving activities include 

the time to install or remove a single 

pile or series of piles, as long as the time 

elapsed between uses of the pile driving 

equipment is no more than 30 minutes. 

There will be at least one PSO present 

at or near each construction site during 

in-water pile installation and removal so 

that all Level A harassment zones and 

shutdown zones are monitored by a 

dedicated PSO at all times. PSOs will 

not perform duties for more than 12 


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hours in a 24-hour period. PSOs would 

be land-based observers, positioned at 

the best practical vantage points. At 

least one other PSO for each active 

worksite will begin at the central 

worksite and travel along the Tongass 

Narrows until they have reached the 

edges of the monitoring zones, based on 

the Level B harassment zones. These 

PSOs will then monitor the edges of the 

monitoring zone and as much as 

possible of the rest of the monitoring 

zone, looking for animals entering the 

Level B harassment zone. If waters 

exceed a sea state that restricts the 

PSO’s ability to make observations 

within the Level A harassment zones 

(e.g., excessive wind or fog), pile 

installation and removal must cease. 

Pile driving must not be re-initiated 

until the entire relevant Level A 

harassment zones are visible. 

When combinations of one DTH drill 

with a vibratory hammer, two DTH 

drills, or two DTH drills with a 

vibratory hammer are used 

simultaneously, creating a Level B 

harassment zone that is greater than 

12,023 m in radius, one additional PSO 

(at least two total) will be stationed at 

the northernmost land-based location at 

the entrance to Tongass Narrows. One 

PSO will focus on Tongass Narrows, 

specifically watching for marine 

mammals that could approach or enter 

Tongass Narrows and the project area. 

The second PSO will look out into 

Clarence Strait, watching for marine 

mammals that could swim through the 

ensonified area. This monitoring 

requirement for concurrent driving 

scenarios was not included in the 

proposed IHAs. No additional PSOs will 

be required at the southern-most 

monitoring location because the Level B 

harassment zones are truncated to the 

southeast by islands, which prevent 

propagation of sound in that direction 

beyond the confines of Tongass 

Narrows. Takes by Level B harassment 

will be recorded by PSOs and 

extrapolated based upon the number of 

observed takes and the percentage of the 

Level B harassment zone that was not 

visible. 

With this configuration, PSOs can 

have a full view of the Level A 

harassment zone and awareness of as 

much of the Level B harassment zone as 

possible. This monitoring will provide 

information on marine mammal 

occurrence within Tongass Narrows and 

how these marine mammals are 

impacted by pile installation and 

removal. 

As part of monitoring, PSOs will scan 

the waters using binoculars, and/or 

spotting scopes, and will use a 

handheld GPS or range-finder device to 

verify the distance to each sighting from 

the project site. All PSOs will be trained 

in marine mammal identification and 

behaviors and are required to have no 

other project-related tasks while 

conducting monitoring. In addition, 

monitoring will be conducted by 

qualified observers, who will be placed 

at the best vantage point(s) practicable 

to monitor for marine mammals and 

implement shutdown/delay procedures 

when applicable by calling for the 

shutdown to the hammer operator. Each 

construction Contractor managing an 

active construction site and on-going inwater pile installation or removal will 

provide qualified, independent PSOs for 

their specific contract. The ADOT&PF 

environmental coordinator for the 

project will implement coordination 

between or among the PSO contractors. 

It will be a required component of their 

contracts that PSOs coordinate, 

collaborate, and otherwise work 

together to ensure compliance with 

project permits and authorizations. 

Qualified observers are trained and/or 

experienced professionals, with the 

following minimum qualifications: 

• Visual acuity in both eyes 

(correction is permissible) sufficient for 

discernment of moving targets at the 

water’s surface with ability to estimate 

target size and distance; use of 

binoculars may be necessary to correctly 

identify the target; 

• Independent observers (i.e., not 

construction personnel); 

• Observers must have their CVs/ 

resumes submitted to and approved by 

NMFS; 

• Advanced education in biological 

science or related field (i.e., 

undergraduate degree or higher). 

Observers may substitute experience or 

training for education; 

• Experience and ability to conduct 

field observations and collect data 

according to assigned protocols (this 

may include academic experience); 

• At least one observer must have 

prior experience working as an observer; 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

• Writing skills sufficient to prepare a 

report of observations including but not 

limited to the number and species of 

marine mammals observed; dates and 

times when in-water construction 

activities were conducted; dates and 

times when in-water construction 

activities were suspended to avoid 

potential incidental injury from 

construction sound of marine mammals 

observed within a defined shutdown 

zone; and marine mammal behavior; 

and 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

Reporting 

NMFS is requiring that ADOT&PF 

submit a preliminary marine mammal 

monitoring report for the work covered 

under the initial IHA and this renewal 

at least 4 months prior to beginning the 

work covered under their second IHA, 

referred to as Phase II (85 FR 673; 

January 7, 2020). This preliminary 

report must contain all items that would 

be included in the draft final report, 

listed below under ‘‘Reporting’’. This 

will allow NMFS to assess the impact of 

the activities relative to the analysis 

presented here, and modify the IHA for 

Phase II if the preliminary monitoring 

report shows unforeseen impacts on 

marine mammals in the area. If needed, 

NMFS will publish an amended 

proposed IHA, describing any changes 

but referencing the original IHA for 

Phase II, and include an opportunity for 

the public to comment on the amended 

authorization. 

In addition to the preliminary 

monitoring report discussed above, 

separate draft marine mammal 

monitoring reports must be submitted to 

NMFS within 90 days after the 

completion of both Phase 1 and Phase 

2 pile driving, pile removal, and drilling 

activities. These reports will include an 

overall description of work completed, 

a narrative regarding marine mammal 

sightings, and associated PSO data 

sheets. Specifically, the reports must 

include: 

• Date and time that monitored 

activity begins and ends; 

• Construction activities occurring 

during each observation period; 

• Weather parameters (e.g., percent 

cover, visibility); 

• Water conditions (e.g., sea state, 

tide state); 

• Species, numbers, and, if possible, 

sex and age class of marine mammals; 

• Description of any observable 

marine mammal behavior patterns, 

including bearing and direction of travel 

and distance from pile driving activity; 

• Distance from pile driving activities 

to marine mammals and distance from 

the marine mammals to the observation 

point; 

• Locations of all marine mammal 

observations; 


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• An estimate of total take based on 

proportion of the monitoring zone that 

was observed; and 

• Other human activity in the area. 

If no comments are received from 

NMFS within 30 days, that phase’s draft 

final report will constitute the final 

report. If comments are received, a final 

report for the given phase addressing 

NMFS comments must be submitted 

within 30 days after receipt of 

comments. 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, 

ADOT&PF shall report the incident to 

the Office of Protected Resources, NMFS 

and to the Alaska Regional Stranding 

Coordinator as soon as feasible. The 

report must include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

Preliminary Determinations 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. This includes 

consideration of the minor changes 

discussed above, as well as stock 

abundance information. The estimated 

abundance of the West Coast Transient 

and Northern Resident Killer whale 

stocks and Steller sea lion Eastern U.S. 

stock have increased slightly, whereas, 

the harbor seal, Clarence Strait stock 

decreased slightly. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: (1) The 

required mitigation measures will affect 

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&PF’s activities will not have an 

unmitigable adverse impact on taking 

for subsistence purposes as no relevant 

subsistence uses of marine mammals are 

implicated by this action, and; (5) 

appropriate monitoring and reporting 

requirements are included. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species, in 

this case with the NMFS’ Alaska 

Regional Office. 

NMFS’ Alaska Region issued a revised 

Biological Opinion to NMFS’ Office of 

Protected Resources on December 19, 

2019 which concluded that issuance of 

IHAs to ADOT&PF is not likely to 

jeopardize the continued existence of 

Mexico DPS humpback whales. Finally, 

the regional office determined that the 

renewal request (i.e., the minor changes 

to the maximum number of piles per 

day) will not alter take or require reinitiation of the consultation. 

Dated: March 1, 2021. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–04525 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA914] 

Marine Mammals; File No. 25498 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Titan Productions, Limited, 51–55 

Whiteladies Road Bristol, BS8 2LY, 

United Kingdom (Responsible Party: 

Lucy Meadows), has applied in due 

form for a permit to conduct commercial 

or educational photography of 

California sea lions (Zalophus 

californianus), gray whales 

(Eschrichtius robustus), and killer 

whales (Orcinus orca). 

DATES: Written, telefaxed, or email 

comments must be received on or before 

April 5, 2021. 

ADDRESSES: These documents are 

available upon written request via email 

to NMFS.Pr1Comments@noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 25498 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Amy Hapeman or Carrie Hubard, (301) 

427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216) and the Fur Seal Act of 1966, 

as amended (16 U.S.C. 1151 et seq.). 

The applicant proposes to film the 

natural behaviors of California sea lions, 

gray whales, and killer whales as part of 

a wildlife documentary about the 

marine life along the Pacific Coast. 

Filmmakers would annually target up to 

910 California sea lions in California, 

408 gray whales in California, 1,200 

killer whales in Alaska, and 405 killer 

whales in California. Filming would 

occur topside from the vessel, 

underwater, and via an unmanned 

aircraft system. Up to 200 bottlenose 

dolphins (Tursiops truncatus), 75 Dall’s 

porpoise (Phocoenoides dalli), 60 harbor 

seals (Phoca vitulina), 200 short-beaked 

common dolphins (Delphinus delphis), 

200 long-beaked common dolphins 

(Delphinus capensis), 60 Northern fur 

seals (Callorhinus ursinus), 250 Pacific 

white-side dolphins (Lagenorhynchus 

obliquidens), and 200 Risso’s dolphins 

(Grampus griseus) could be 

unintentionally harassed annually 

during filming. The film will be part of 

a 10-episode natural history television 

series broadcast on a major subscription 

video on demand platform and will be 

accessible to audiences worldwide. To 

allow for scheduling changes, the 

permit would be valid until December 

31, 2022. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 


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