60664 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

individuals may return multiple times 

in a day, but PSOs would count them as 

separate takes if they cannot be 

individually identified. 

The most recent estimate for the 

Alaska stock of Dall’s porpoise was 

13,110 animals, however this number 

just accounts for a portion of the stock’s 

range. Therefore, the 183 takes of this 

stock authorized is believed to be an 

even smaller portion of the overall stock 

abundance. 

Likewise, there is no current or 

historical estimate of the Alaska minke 

whale stock, but minke whale 

abundance has been estimated to be 

over 1,000 whales in portions of Alaska 

(Muto et al., 2022) so the 8 takes 

proposed for authorization represent 

small numbers of this stock. 

Additionally, the range of the Alaska 

stock of minke whales is extensive, 

stretching from the Canadian Pacific 

coast to the Chukchi Sea, and DOT&PF’s 

project area impacts a small portion of 

this range. Therefore, the eight takes of 

minke whale proposed for authorization 

is small relative to estimated survey 

abundance, even if each proposed take 

occurred to a new individual. 

Based on the analysis contained 

herein of the planned activity (including 

the mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals 

would be taken relative to the 

population size of the affected species 

or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

In order to issue an IHA, NMFS must 

find that the specified activity will not 

have an ‘‘unmitigable adverse impact’’ 

on the subsistence uses of the affected 

marine mammal species or stocks by 

Alaskan Natives. NMFS has defined 

‘‘unmitigable adverse impact’’ in 50 CFR 

216.103 as an impact resulting from the 

specified activity: (1) That is likely to 

reduce the availability of the species to 

a level insufficient for a harvest to meet 

subsistence needs by: (i) Causing the 

marine mammals to abandon or avoid 

hunting areas; (ii) Directly displacing 

subsistence users; or (iii) Placing 

physical barriers between the marine 

mammals and the subsistence hunters; 

and (2) That cannot be sufficiently 

mitigated by other measures to increase 

the availability of marine mammals to 

allow subsistence needs to be met. 

In the Skagway area, sea lions and 

harbor seals are available for subsistence 

harvest authorized under the MMPA. 

The subsistence areas used by the 

Hoonah and Angoon communities are in 

the vicinity of the project area, but will 

not directly overlap with the project 

areas. During subsistence harvest in 

Southeast Alaska in 2012, the most 

recent year of available data from the 

Alaska Department of Fish and Game, 

595 harbor seals were taken, while only 

9 sea lions were taken in the region 

(Wolfe et al., 2013). The project at worst 

may cause short-term disturbance to sea 

lions and harbor seals in the area. 

The activity will take place in Taiya 

Inlet, and no activities overlap with 

subsistence hunting areas; therefore, 

there are no relevant subsistence uses of 

marine mammals adversely impacted by 

this action. The planned project is not 

likely to adversely impact the 

availability of any marine mammal 

species or stocks that are commonly 

used for subsistence purposes or to 

impact subsistence harvest of marine 

mammals in the region because: 

• Construction activities are localized 

and temporary; 

• Mitigation measures will be 

implemented to minimize disturbance 

of marine mammals in the action area; 

and, 

• The project will not result in 

significant changes to availability of 

subsistence resources. 

Based on the description of the 

specified activity, the measures 

described to minimize adverse effects 

on the availability of marine mammals 

for subsistence purposes, and the 

mitigation and monitoring measures, 

NMFS has determined that there will 

not be an unmitigable adverse impact on 

subsistence uses from MOS’s activities. 

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 plan to authorize take for 

endangered or threatened species, in 

this case with the Alaska Regional 

Office. 

NMFS is authorizing take of the 

Mexico-North Pacific stock of 

humpback whale and the Western US 

stock of Steller sea lion, which are listed 

or include individuals that are listed 

under the ESA. 

The Permit and Conservation Division 

completed a Section 7 consultation with 

the 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. 

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 

determined that the issuance of the IHA 

qualifies to be categorically excluded 

from further NEPA review. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to MOS for the 

potential harassment of small numbers 

of 7 marine mammal species incidental 

to the terminal redevelopment project in 

Skagway, Alaska that includes the 

previously explained mitigation, 

monitoring, and reporting requirements. 

The final IHA can be found at: https:// 

www.fisheries.noaa.gov/action/ 

incidental-take-authorizationmunicipality-skagways-skagway-oreterminal-redevelopment. 

Dated: August 29, 2023. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–19029 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD310] 

Marine Mammals; File No. 27361 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Brent Stewart, Ph.D., Brent S Stewart 

Associates, 3889 Creststone Place, San 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60665 

Diego, CA 92130, has applied in due 

form for a permit to conduct research on 

pinnipeds in California. 

DATES: Written comments must be 

received on or before October 5, 2023. 

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. 27361 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. 27361 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: 

Carrie Hubard or Courtney Smith, Ph.D., 

(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.) and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The applicant proposes to study 

California sea lions (Zalophus 

californianus), northern elephant seals 

(Mirounga angustirostris), and harbor 

seals (Phoca vitulina) at several sites in 

California, including San Nicolas Island, 

San Miguel Island, Santa Rosa Island, 

Santa Cruz Island, Piedras Blancas, 

Cape San Martin, and Gorda. The 

objectives of the research are to 

continue long-term research on the 

comparative ecology, demography, 

demography, behavior, foraging 

biogeography, pathology and phenology 

of California pinnipeds and to further 

characterize the resource and habitats 

used by each species, including patterns 

of spatial and temporal similarities and 

differences. Seals and sea lions would 

be captured and sampled. Some animals 

would only receive a flipper tag or a dye 

mark. Other animals would be 

physically or chemically restrained; 

measured and weighed; have a variety 

of samples taken, including: blood, skin, 

blubber, and mucus membrane swabs; 

and have tracking or data recording 

instruments attached. For proposed take 

numbers by species and location and 

details on sampling methodologies, see 

the application. The applicant has 

requested authorization for the 

unintentional research related mortality 

of up to four animals of each species 

annually. The permit would be valid for 

5 years. 

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: August 29, 2023. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2023–19010 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD313] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a hybrid meeting of its 

Scallop Joint Advisory Panel and Plan 

Development Team to consider actions 

affecting New England fisheries in the 

exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This meeting will be held on 

Wednesday, September 20, 2023, at 9 

a.m. 

ADDRESSES: 

Meeting address: This meeting will be 

held at the Radisson Airport Hotel, 2081 

Post Road, Warwick, RI 02886; 

telephone: (401) 298–2294. 

Webinar URL information: https://

attendee.gotowebinar.com/register/ 

665193973090158423. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Cate 

O’Keefe, Ph.D., Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Advisory Panel and Plan 

Development Team will discuss 

Framework 38—Review results of 2023 

scallop surveys, and preliminary 

projections. The primary focus of this 

meeting will be to develop input on the 

range of potential specification 

alternatives for FY 2024 and FY 2025. 

The action will set ABC/ACLs, days-atsea, access area allocations, total 

allowable landings for the Northern Gulf 

of Maine (NGOM) management area, 

targets for General Category incidental 

catch, General Category access area trips 

and trip accounting, and set-asides for 

the observer and research programs for 

fishing year 2024 and default 

specifications for fishing year 2025. 

They also plan to discuss the 

Northern Edge Action—Review work in 

response to tasking. Discuss possible 

measures for development in a Northern 

Edge Habitat Scallop Framework. Also 

on the agenda is work priorities 

(Advisory Panel and Committee Only)— 

Receive updates on the progress toward 

2023 work priorities and Committee 

tasking. Provide input on the range of 

possible 2024 scallop work priorities. 

Other business will be discussed, if 

necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Cate 

O’Keefe, Ph.D., Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 


ddrumheller on DSK120RN23PROD with NOTICES1