74440 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

8529.90.9760; 8536.90.8585; 8538.10.0000; 

8541.90.0000; 8543.90.8885; 8547.90.0020; 

8547.90.0030; 8708.10.3050; 8708.29.5160; 

8708.80.6590; 8708.99.6890; 8807.30.0060; 

9031.90.9195; 9401.99.9081; 9403.99.1040; 

9403.99.9010; 9403.99.9015; 9403.99.9020; 

9403.99.9040; 9403.99.9045; 9405.99.4020; 

9506.11.4080; 9506.51.4000; 9506.51.6000; 

9506.59.4040; 9506.70.2090; 9506.91.0010; 

9506.91.0020; 9506.91.0030; 9506.99.0510; 

9506.99.0520; 9506.99.0530; 9506.99.1500; 

9506.99.2000; 9506.99.2580; 9506.99.2800; 

9506.99.5500; 9506.99.6080; 9507.30.2000; 

9507.30.4000; 9507.30.6000; 9507.30.8000; 

9507.90.6000; 9547.90.0040; and 

9603.90.8050. 

While HTSUS subheadings are provided 

for convenience and customs purposes, the 

written description of the scope is 

dispositive. 

[FR Doc. 2023–23961 Filed 10–30–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD462] 

Permits; Foreign Fishing 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of application for 

transshipment permit; request for 

comments. 

SUMMARY: NMFS publishes for public 

review and comment information 

regarding a permit application for 

transshipment of farmed salmon from 

aquaculture operations in Maine waters 

to processing plants in Canada by 

Canadian flagged vessels. The 

application for a transshipment permit 

is submitted under provisions of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This action is 

necessary for NMFS to make a 

determination that the permit 

application can be approved. 

DATES: Written comments must be 

received by November 14, 2023. 

ADDRESSES: Written comments on this 

action, identified by RTID 0648–XD462 

should be sent to Kent Laborde and 

Jasmine Prat in the NMFS Office of 

International Affairs, Trade, and 

Commerce by email at kent.laborde@

noaa.gov and jasmine.prat@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Kent 

Laborde and Jasmine Prat by email at 

kent.laborde@noaa.gov and 

jasmine.prat@noaa.gov, or by phone at 

301–956–5472. 

SUPPLEMENTARY INFORMATION: Section 

204(d) of the Magnuson-Stevens Act (16 

U.S.C. 1824(d)) authorizes the Secretary 

of Commerce (Secretary) to issue a 

transshipment permit for a vessel other 

than a vessel of the United States to 

engage in fishing consisting solely of 

transporting fish or fish products at sea 

from a point within the United States 

Exclusive Economic Zone (EEZ) or, with 

the concurrence of a state, within the 

boundaries of that state, to a point 

outside the United States. 

Section 204(d)(3)(D) of the MagnusonStevens Act provides that an application 

to transship from U.S. waters to another 

country using non-U.S. vessels may not 

be approved until the Secretary 

determines that ‘‘no owner or operator 

of a vessel of the United States which 

has adequate capacity to perform the 

transportation for which the application 

is submitted has indicated . . . an 

interest in performing the transportation 

at fair and reasonable rates.’’ NMFS is 

publishing this notice as part of its effort 

to make such a determination with 

respect to the application described 

below. 

Summary of Application 

NMFS received an application from 

True North Salmon Limited Partnership, 

Kelly Cove Salmon Limited, and 697002 

NB, Inc., requesting authorization to 

transfer salmon from U.S. farm pens in 

Maine waters to five Canadian vessels 

for the purpose of transporting the 

salmon to Blacks Harbour, Canada for 

processing. The transshipment 

operations will occur within the 

boundaries of the State of Maine, and 

within 12 nautical miles from Maine’s 

seaward boundary. NMFS issued 

permits for the same vessels for use in 

calendar year 2023. Those permits will 

expire December 31, 2023. 

Dated: October 26, 2023. 

Alexa Cole, 

Director, Office of International Affairs, 

Trade, and Commerce, National Marine 

Fisheries Service. 

[FR Doc. 2023–24021 Filed 10–30–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD459] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Pier 

Maintenance and Bank Stabilization at 

U.S. Coast Guard Air Station Port 

Angeles, Port Angeles, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an authorization 

to the U.S. Coast Guard (Coast Guard or 

USCG) to harass marine mammals 

incidental to construction activities 

associated with pier maintenance and 

bank stabilization at USCG Air Station 

Port Angeles, Port Angeles, Washington. 

DATES: This authorization is effective 

from July 16, 2024 through July 15, 

2025. 

ADDRESSES: Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-us-coastguard-air-station-port-angeles-piermaintenance-and. In case of problems 

accessing these documents, please call 

the contact listed below. 

FOR FURTHER INFORMATION CONTACT: Cara 

Hotchkin, OPR, 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

proposed or, if the taking is limited to

harassment, a notice of a proposed

incidental harassment authorization

(IHA) 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74441 

availability of the 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 the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

Summary of Request 

On August 9, 2022, NMFS received a 

request from Coast Guard for an IHA to 

take marine mammals incidental to 

construction during pier maintenance 

activities at USCG Air Station Port 

Angeles in Port Angeles, Washington. 

Following NMFS’ review of the 

application, Coast Guard submitted 

revised versions on May 11, 2023 and 

July 14, 2023. The application was 

deemed adequate and complete on July 

18, 2023. The notice of proposed IHA 

was published in the Federal Register 

on September 7, 2023 (88 FR 61549). 

Coast Guard’s request is for take of five 

species of marine mammals by Level B 

harassment only. Neither Coast Guard 

nor NMFS expect serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

Description of Activity 

Coast Guard plans to conduct pier 

maintenance and bank stabilization on a 

portion of the shoreline at USCG Air 

Station Port Angeles in Port Angeles, 

Washington. In-water work is expected 

to take approximately 15 days and will 

occur during daylight hours during the 

lowest possible tide conditions. USCG 

Air Station Port Angeles is located on 

the south-facing side of Ediz Hook, a 

peninsula that extends into the Strait of 

Juan de Fuca, encompassing 

approximately 8.73 square kilometers 

(km2) (3.37 square miles (mi2)), opening 

to the east. The U.S. Army Corps of 

Engineers has designated an in-water 

work window between July 16 and 

February 15 to protect anadromous 

fishes in the area. In-water work on this 

project may therefore occur between 

July 16, 2024 and February 15, 2025. 

The planned work may result in the 

incidental take of marine mammals by 

Level B harassment due to exposure to 

underwater sound produced during 

impact and vibratory pile driving. 

The purpose of this project is to repair 

existing facilities and to protect vital 

mission support infrastructure from 

continued tidal action erosion and 

storm events. This project will repair up 

to 372 feet (ft) (113.4 meters (m)) of 

eroded riprap shoreline, replace 37 

degraded timber piles with steel piles, 

repair up to 98 timber piles, 

permanently remove 11 abandoned 

timber piles and 3 steel camel barrier 

piles, and demolish 2 camels. Pile 

installation will be by vibratory and 

impact driving; pile removal methods 

would include direct pull and, if 

necessary, vibratory extraction. Impact 

and vibratory piling may occur on the 

same day, but the hammers would not 

operate simultaneously. Other 

components of this project include both 

in-water and upland activities, which 

are not expected to result in take of 

marine mammals. Pile repair (i.e., 

power washing, jacketing, and antifouling coating), deck repair and 

replacement, utility installation, and 

shoreline stabilization (i.e., removal and 

replacement of riprap shoreline) are 

therefore not discussed further in this 

document. 

A detailed description of the planned 

construction project is provided in the 

Federal Register notice for the proposed 

IHA (88 FR 61549, September 7, 2023). 

Since that time, no changes have been 

made to the planned activities. 

Therefore, a detailed description is not 

provided here. Please refer to that 

Federal Register notice for the 

description of the specific activity. 

Required mitigation, monitoring, and 

reporting measures are described in 

detail later in this document (please see 

Mitigation and Monitoring and 

Reporting). 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to Coast Guard was published in 

the Federal Register on September 7, 

2023 (88 FR 61549). That notice 

described, in detail, Coast Guard’s 

activities, the marine mammal species 

that may be affected by the activities, 

and the anticipated effects on marine 

mammals. In that notice, we requested 

public input on the request for 

authorization described therein, our 

analyses, the proposed authorization, 

and any other aspect of the notice of 

proposed IHA, and requested that 

interested persons submit relevant 

information, suggestions, and 

comments. This proposed notice was 

available for a 30-day public comment 

period. During the 30-day public 

comment period, NMFS did not receive 

any public comments. 

Changes From Proposed IHA to Final 

IHA 

Between the publication of the 

proposed IHA (88 FR 61549, September 

7, 2023) and this notice, Coast Guard 

requested that the effective dates of the 

authorization be shifted from November 

15, 2023 through November 14, 2024 to 

July 16, 2024 through July 15, 2025 due 

to availability of funding and other 

logistical constraints. The analysis 

presented in the proposed IHA remains 

valid due to the consistent dates of the 

U.S. Army Corps of Engineers in-water 

work window (July 16 through February 

15 annually). The change to the effective 

dates of the authorization is reflected in 

the DATES section, above. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the IHA 

application summarize available 

information regarding status and trends, 

distribution and habitat preferences, 

and behavior and life history of the 

potentially affected species. NMFS fully 

considered all of this information, and 

we refer the reader to these descriptions, 

instead of reprinting the information. 

Additional information regarding 

population trends and threats may be 

found in NMFS’ Stock Assessment 

Reports (SARs; www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments) 

and more general information about 

these species (e.g., physical and 

behavioral descriptions) may be found 

on NMFS’ website (https://

www.fisheries.noaa.gov/find-species). 

Table 1 lists all species or stocks for 

which take is expected and 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 

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’ U.S. Pacific SARs. All values 

presented in table 1 are the most recent 

available at the time of publication and 

are available online at: 


lotter on DSK11XQN23PROD with NOTICES1
74442 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-stock-assessments. 

TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES 1

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(y/n) 2

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 3

PBR Annual 

M/SI 4

Order Artiodactyla—Infraorder Cetacea—Mysticeti (baleen whales) 

Family Balaenopteridae 

(rorquals) 

Humpback whale ............ Megaptera novaeangliae ........ Hawai1i .................................... -, -, N 11,278 (0.56, 7,265, 2020) .... 127 27.09 

Mainland Mexico—CA/OR/WA T, D, Y 3,477 (0.101, 3,185, 2022) .... 43 22 

Central America/Southern 

Mexico—CA/OR/WA.

E, D, Y 1,496 (0.171, 1,284, 2022) .... 5.2 14.9 

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Delphinidae 

Killer whale ...................... Orcinus orca ........................... Eastern North Pacific Southern Resident.E, D, Y 74 (N/A, 74, 2021) ................. 0.13 ≥0.4 

West Coast Transient ............ -, -, N 349 (N/A, 349, 2018) ............. 3.5 0.4 

Family Phocoenidae (porpoises) 

Harbor porpoise .............. Phocoena phocoena .............. Washington Inland Waters ..... -, -, N 11,233 (0.37, 8,308, 2015) .... 66 ≥7.2 

Order Carnivora—Pinnipedia 

Family Otariidae (eared seals 

and sea lions) 

Steller sea lion ................ Eumetopias jubatus ................ Eastern ................................... -, -, N 43,201 (N/A, 43,201, 2017) ... 2,592 112 

California sea lion ........... Zalophus californianus ........... U.S ......................................... -, -, N 257,606 (N/A, 233,515, 2014) 14,011 >321 

Family Phocidae (earless 

seals) 

Harbor seal ..................... Phoca vitulina ......................... Washington Northern Inland 

Waters.

-, -, N UNK (UNK, UNK, 1999) ......... UND 9.8 

Northern elephant seal ... Mirounga angustirostris .......... CA Breeding ........................... -, -, N 187,386 (N/A, 85,369, 2013) 5,122 13.7 

1 Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy 

(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)). 2Endangered 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. 3 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock 

abundance. In some cases, CV is not applicable. 4These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, vessel strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 

A detailed description of the of the 

species likely to be affected by the 

USCG Pier Maintenance and Bank 

Stabilization project, including brief 

introductions to the species and 

relevant stocks as well as available 

information regarding population trends 

and threats, and information regarding 

local occurrence, were provided in the 

Federal Register notice for the proposed 

IHA (88 FR 61549, September 7, 2023); 

since that time, we are not aware of any 

changes in the status of these species 

and stocks; therefore, detailed 

descriptions are not provided here. 

Please refer to that Federal Register 

notice for these descriptions. Please also 

refer to NMFS’ website (https://

www.fisheries.noaa.gov/find-species) for 

generalized species accounts. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Not all marine mammal 

species have equal hearing capabilities 

(e.g., Richardson et al., 1995; Wartzok 

and Ketten, 1999; Au and Hastings, 

2008). To reflect this, Southall et al. 

(2007, 2019) recommended that marine 

mammals be divided into hearing 

groups based on directly measured 

(behavioral or auditory evoked potential 

techniques) or estimated hearing ranges 

(behavioral response data, anatomical 

modeling, etc.). Note that no direct 

measurements of hearing ability have 

been successfully completed for 

mysticetes (i.e., low-frequency 

cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65 decibel 

(dB) threshold from the normalized 

composite audiograms, with the 

exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in table 2. 


lotter on DSK11XQN23PROD with NOTICES1

I I I I 

I I I I 
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74443 

TABLE 2—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 35 kHz. 

Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ........................................... 150 Hz to 160 kHz. 

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. 

australis).

275 Hz to 160 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 50 Hz to 86 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 39 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, 

with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation). 

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

(Hemila ̈ et al., 2006; Kastelein et al., 

2009; Reichmuth et al., 2013). This 

division between phocid and otariid 

pinnipeds is now reflected in the 

updated hearing groups proposed in 

Southall et al. (2019). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

Coast Guard’s pile driving activities 

have the potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the project area. The notice 

of the proposed IHA (88 FR 61549, 

September 7, 2023) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from Coast Guard’s 

pile driving activities on marine 

mammals and their habitat. That 

information and analysis is incorporated 

by reference into this final IHA 

determination and is not repeated here; 

please refer to the notice of the 

proposed IHA (88 FR 61549, September 

7, 2023). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which 

informed both NMFS’ consideration of 

‘‘small numbers,’’ and the negligible 

impact determinations. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of 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). 

Authorized takes are by Level B 

harassment only, in the form of 

disruption of behavioral patterns and/or 

TTS for individual marine mammals 

resulting from exposure to noise from 

impact and vibratory pile driving. Based 

on the nature of the activity and the 

anticipated effectiveness of the 

mitigation measures (i.e., shutdown 

zones implemented at no less than the 

distance to the Level A isopleths) 

discussed in detail below in the 

Mitigation section, Level A harassment 

is neither anticipated nor authorized. 

As described previously, no serious 

injury or mortality is anticipated or 

authorized for this activity. Below we 

describe how the take numbers are 

estimated. 

For acoustic impacts, generally 

speaking, we estimate take by 

considering: (1) acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area or 

volume of water that will be ensonified 

above these levels in a day; (3) the 

density or occurrence of marine 

mammals within these ensonified areas; 

and, (4) the number of days of activities. 

We note that while these factors can 

contribute to a basic calculation to 

provide an initial prediction of potential 

takes, additional information that can 

qualitatively inform take estimates is 

also sometimes available (e.g., previous 

monitoring results or average group 

size). Below, we describe the factors 

considered here in more detail and 

present the take estimates. 

Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur PTS of some 

degree (equated to Level A harassment). 

Level B Harassment—Though 

significantly driven by received level, 

the onset of behavioral disturbance from 

anthropogenic noise exposure is also 

informed to varying degrees by other 

factors related to the source or exposure 

context (e.g., frequency, predictability, 

duty cycle, duration of the exposure, 

signal-to-noise ratio, distance to the 

source), the environment (e.g., 

bathymetry, other noises in the area, 

predators in the area), and the receiving 

animals (hearing, motivation, 

experience, demography, life stage, 

depth) and can be difficult to predict 

(e.g., Southall et al., 2007, 2021, Ellison 

et al., 2012). Based on what the 

available science indicates and the 

practical need to use a threshold based 

on a metric that is both predictable and 

measurable for most activities, NMFS 

typically uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS generally predicts 

that marine mammals are likely to be 

behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above root-meansquared pressure received levels (RMS 

SPL) of 120 dB (referenced to 1 

micropascal (re 1 mPa)) for continuous 

(e.g., vibratory pile driving, drilling) and 

above RMS SPL 160 dB re 1 mPa for nonexplosive impulsive (e.g., seismic 

airguns) or intermittent (e.g., scientific 

sonar) sources. Generally speaking, 

Level B harassment take estimates based 

on these behavioral harassment 

thresholds are expected to include any 

likely takes by TTS as, in most cases, 

the likelihood of TTS occurs at 


lotter on DSK11XQN23PROD with NOTICES1
74444 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

distances from the source less than 

those at which behavioral harassment is 

likely. TTS of a sufficient degree can 

manifest as behavioral harassment, as 

reduced hearing sensitivity and the 

potential reduced opportunities to 

detect important signals (conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

Coast Guard’s planned activity 

includes the use of continuous (e.g., 

vibratory pile installation and 

extraction) and impulsive (e.g, impact 

pile installation) sources, and therefore 

the RMS SPL thresholds of 120 and 160 

dB re 1 mPa are applicable. 

Level A Harassment—NMFS’ 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (Version 2.0) 

(Technical Guidance, 2018) identifies 

dual criteria to assess auditory injury 

(Level A harassment) to five different 

marine mammal groups (based on 

hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). Coast Guard’s planned 

construction activity includes the use of 

non-impulsive (e.g., vibratory pile 

installation and extraction) and 

impulsive (e.g, impact pile installation) 

sources. 

These thresholds are provided in table 

3, below. The references, analysis, and 

methodology used in the development 

of the thresholds are described in 

NMFS’ 2018 Technical Guidance, which 

may be accessed at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans .................................................... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...................................... Cell 2: LE,LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans ................................................... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ..................................... Cell 4: LE,MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans .................................................. Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...................................... Cell 6: LE,HF,24h: 173 dB. 

Phocid Pinnipeds (PW) (Underwater) ........................................... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ..................................... Cell 8: LE,PW,24h: 201 dB 

Otariid Pinnipeds (OW) (Underwater) ........................................... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ..................................... Cell 10: ≤LE,OW,24h: 219 dB. 

* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 

Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat 

weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The 

cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is 

valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that are used in estimating the area 

ensonified above the acoustic 

thresholds, including source levels and 

transmission loss coefficient. 

The sound field in the project area is 

the existing background noise plus 

additional construction noise from the 

project. Marine mammals are expected 

to be affected via sound generated by 

the primary components of the project 

(i.e., impact pile driving and vibratory 

pile installation and removal). 

Calculation of the area ensonified by the 

planned action is dependent on source 

levels of the planned activities and the 

estimated transmission loss coefficients 

for the planned activities at the site. 

These factors are addressed below. 

Sound Source Levels of Activities— 

The intensity of pile driving sounds is 

greatly influenced by factors such as the 

type of piles (material and diameter), 

hammer type, and the physical 

environment (e.g., sediment type) in 

which the activity takes place. In order 

to calculate the distances to the Level A 

harassment and the Level B harassment 

thresholds for the methods and piles 

being used in this project, Coast Guard 

used acoustic monitoring data from 

sound source verification studies to 

develop proxy source levels for the 

various pile types, sizes and methods 

(table 4). 

TABLE 4—PILE INSTALLATION AND EXTRACTION PARAMETERS

Pile type Method Total number Number per 

day 

Strikes per pile 

or hours per 

day 

Proxy levels (@10m) 

Reference dB re 1 μPa 

peak 

dB re 1 μPa 

RMS 

dB re 1 

μPa2s SELss

12-in steel .......................... Impact ............ 37 5 100 strikes 192 177 166 CALTRANS 

2020. 

12-in steel .......................... Vibratory installation.37 10 5 hrs ........................ 155 ........................ Greenbusch 

2018. 

18-in steel .......................... Vibratory installation.3 2 1 hr ........................ 158 ........................ CALTRANS 

2020. 

12–14-in timber .................. Vibratory extraction.48 16 8 hrs ........................ 160 ........................ Greenbusch 

2018. 

Transmission Loss—Transmission 

loss (TL) is the decrease in acoustic 

intensity as an acoustic pressure wave 

propagates out from a source. TL 

parameters vary with frequency, 

temperature, sea conditions, current, 

source and receiver depth, water depth, 

water chemistry, and bottom 

composition and topography. The 

general formula for underwater TL is: 

TL = B * Log10 (R1/R2), where: 

TL = transmission loss in dB, 

B = transmission loss coefficient, 

R1= the distance of the modeled SPL from the 

driven pile, and, 

R2= the distance from the driven pile of the 

initial measurement. 

This formula neglects loss due to 

scattering and absorption, which is 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74445 

assumed to be zero here. The degree to 

which underwater sound propagates 

away from a sound source is dependent 

on a variety of factors, most notably the 

bathymetry and presence or absence of 

reflective or absorptive conditions 

including in-water structures and 

sediments. Spherical spreading occurs 

in a perfectly unobstructed (free-field) 

environment not limited by depth or 

water surface, resulting in a 6 dB 

reduction in sound level for each 

doubling of distance from the source 

(20*log10[range]). Cylindrical spreading 

occurs in an environment in which 

sound propagation is bounded by the 

water surface and sea bottom, resulting 

in a reduction of 3 dB in sound level for 

each doubling of distance from the 

source (10* log10[range]). A practical 

spreading value of 15 is often used 

under conditions where water increases 

with depth as the receiver moves away 

from the shoreline, resulting in an 

expected propagation environment that 

would lie between spherical and 

cylindrical spreading loss conditions. 

Site-specific transmission loss 

measurements are not available for Port 

Angeles Harbor. NMFS has therefore 

used the practical spreading loss model 

for both vibratory and impact pile 

driving in this analysis. 

Estimated Harassment Isopleths—All 

Level B harassment isopleths are 

reported in table 5. Level B harassment 

isopleths from the project will be 

limited by the coastline along and 

across from the project site. The 

maximum attainable isopleth distance is 

4,642 m during vibratory extraction of 

timber piles (see Figure 1 in the IHA 

application for further detail). 

The ensonified area associated with 

Level A harassment is more technically 

challenging to predict due to the need 

to account for a duration component. 

Therefore, NMFS developed an optional 

User Spreadsheet tool to accompany the 

Technical Guidance that can be used to 

relatively simply predict an isopleth 

distance for use in conjunction with 

marine mammal density or occurrence 

to help predict potential takes. We note 

that because of some of the assumptions 

included in the methods underlying this 

optional tool, we anticipate that the 

resulting isopleth estimates are typically 

going to be overestimates of some 

degree, which may result in an 

overestimate of potential take by Level 

A harassment. However, this optional 

tool offers the best way to estimate 

isopleth distances when more 

sophisticated modeling methods are not 

available or practical. For stationary 

sources, including pile driving, the 

optional User Spreadsheet tool predicts 

the distance at which, if a marine 

mammal remained at that distance for 

the duration of the activity, it would be 

expected to incur PTS. Inputs used in 

the User Spreadsheet (e.g., number of 

piles per day, duration and/or strikes 

per pile, source levels) are presented in 

table 4. The resulting isopleths and 

ensonified areas are reported in table 5 

and table 6, respectively. 

TABLE 5—ESTIMATED ISOPLETHS BY ACTIVITY

Activity Method 

Underwater harassment isopleths [m] Airborne Level B 

harassment isopleths [m] 

Level A 

Level B Harbor 

seals 

Other 

LF MF HF PW OW pinnipeds 

12-in steel ........................... Impact .............. 46.0 1.6 55.0 25.0 2.0 136.0 150 47 

12-in steel ........................... Vibratory installation.8.0 0.7 11.8 4.8 0.3 2,154 19 6 

18-in steel ........................... Vibratory installation.4.3 0.4 6.4 2.6 0.2 3,415 

12–14-in timber .................. Vibratory extraction.23.4 2.1 34.6 14.2 1.0 4,642 

TABLE 6—AREAS ENSONIFIED (UNDERWATER) 

Activity Method 

Level A harassment [km2] Level B 

harassment 

[km2 LF MF HF PW OW ] 

12-in steel ................................................... Impact .............. 0.02 <0.01 0.02 0.01 <0.01 0.07 

12-in steel ................................................... Vibratory installation.<0.01 <0.01 <0.01 <0.01 <0.01 7.74 

18-in steel ................................................... Vibratory installation.<0.01 <0.01 <0.01 <0.01 <0.01 14.52 

12–14-in timber .......................................... Vibratory extraction.0.01 <0.01 0.02 <0.01 <0.01 17.59 

Marine Mammal Occurrence 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations. 

For marine mammal density 

information in the Port Angeles area we 

used data from the Pacific Navy Marine 

Species Density Database (U.S. Navy, 

2019) to estimate take for marine 

mammals. The Marine Species Density 

Database incorporates analyzed 

literature and research for marine 

mammal density estimates per season 

for the Gulf of Alaska and the West 

Coast of the United States. Density 

estimates specific to the Strait of Juan de 

Fuca are not available for any of the 

species addressed here, and therefore 

takes were estimated based on the 

nearest available and most appropriate 

density estimates, plus site-specific 

knowledge and professional judgement. 

Table 7 density estimates are calculated 

based on the in-water work window 

(July–February) and based on the 

highest seasonal density estimates for 

the relevant area. 

TABLE 7—SEASONAL DENSITY OF

SPECIES IN THE PROJECT AREA

Species Densities 

(animals/km2) 

Humpback whale ....... 0.0027 (summer/fall). 

Killer whale—Southern Resident.0.0012 (summer). 

Killer whale—Transient.0.0208 (fall). 

Harbor porpoise ......... 2.16 (annual). 

Harbor seal ................ 0.76 (summer/fall). 

Northern elephant 

seal.

0.0029 (fall). 

Steller sea lion ........... 0.0027 (fall/winter). 


lotter on DSK11XQN23PROD with NOTICES1
74446 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

TABLE 7—SEASONAL DENSITY OF SPECIES IN THE PROJECT AREA—Continued 

Species Densities 

(animals/km2) 

California sea lion ...... 0.300 (September). 

Take Estimation 

Here we describe how the information 

provided above is synthesized to 

produce a quantitative estimate of the 

take that is reasonably likely to occur 

and authorized under the IHA. 

Using the overall area of disturbance 

generated by pile removal and 

installation given calculated distances 

to attenuation below disturbance (Level 

B harassment) thresholds, incidental 

take for each activity is estimated by the 

following equation: 

Incidental take estimate = species 

density * ensonified area* days of 

pile-related activity 

This equation is a reasonable 

extrapolation for take estimates, which 

relies on the likelihood that a species is 

present within the ensonified area on a 

day where the planned activity is 

occurring. Take estimates were 

calculated with the conservative 

assumption that each activity (i.e., 

vibratory extraction of steel piles, 

vibratory extraction of timber piles, 

vibratory installation, and impact 

installation) will occur on separate days, 

using a maximum of 23 days of in-water 

work. However, Coast Guard will 

perform some activities on the same 

day, resulting in reduced numbers of 

overall take during the planned 15 days 

of pile driving. 

No take by Level A harassment is 

authorized for any species of marine 

mammal due to the small zones, in 

conjunction with Coast Guard’s required 

shutdown mitigation measure. 

Shutdown zones will be enforced at the 

extent of the estimated Level A 

harassment isopleth for all species 

groups except for large whales (i.e., 

baleen whales, including humpbacks, 

and killer whales). Coast Guard plans to 

shut down for killer whales upon 

observation regardless of location in 

order to prevent potential take of 

members of the Southern Resident 

stock, and shutdown zones for other 

large whale species will be enforced at 

the extent of the Level B harassment 

isopleths. Given the remote likelihood 

of large whale species entering Port 

Angeles Harbor during the 15 days of 

pile driving work (see calculated take 

estimates for humpback and killer 

whales in table 8) and the locations of 

Protected Species Observers (PSOs) 

described in the Monitoring and 

Reporting section, NMFS agrees that 

monitoring and shutdown measures are 

likely to be successful at avoiding take 

of these species. Therefore, no take of 

large whale species (including but not 

limited to humpback and killer whales) 

has been requested and none is 

authorized. 

Based on sightings reported during 

the 2016–2017 Navy TPS Port Angeles 

project (Northwest Environmental 

Consulting, LLC 2018), Coast Guard 

anticipates the number of harbor seals 

present in the project area during the 

planned in-water activities may exceed 

calculated exposure estimates. During 

the 2016–2017 Navy TPS Port Angeles 

project, 275 harbor seals were observed 

in the estimated Level B harassment 

zone over approximately 45 days during 

which pile driving occurred (Northwest 

Environmental Consulting, LLC., 2018). 

Coast Guard project will have only 15 

days of in-water pile driving. Therefore, 

Coast Guard has requested, and NMFS 

has authorized, 210 incidents of Level B 

harassment for harbor seals, 

approximately half the difference in 

sightings between the 2016–2017 Navy 

TPS Port Angeles project and the 

calculated exposure estimate for this 

project. 

TABLE 8—CALCULATED AND AUTHORIZED AMOUNT OF TAKING AND PERCENT OF STOCKS

Species Stock 

Take by Level A harassment Take by Level B harassment 

Total take Percent of 

stock Calculated Authorized Calculated Authorized 

Humpback whale ....................... Hawai1i ...................................... 0 0 0.51 0 0 0 

Mainland Mexico—CA/OR/WA.

Central America/Southern Mexico—CA/OR/WA.

Killer whale ................................ Eastern North Pacific Southern 

Resident.

0 0 0.23 0 0 0 

West Coast Transient ............... 0 0 3.94 0 0 0 

Harbor porpoise ......................... Washington Inland Waters ....... 0.73 0 408.9 409 409 4.92 

Harbor seal ................................ Washington Northern Inland 

Waters.

0.13 0 143.9 210 210 1 NA 

Northern Elephant Seal ............. CA Breeding ............................. 0 0 0.55 1 1 <0.01 

Steller Sea Lion ......................... Eastern ...................................... 0 0 0.51 1 1 <0.01 

California Sea lion ..................... U.S. ........................................... 0.1 0 56.8 57 57 0.02 

1Stock size for the Washington Northern Inland Waters stock of harbor seals is not available from the most recent SARs due to a lack of recent data. 

Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks, and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, NMFS considers two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74447 

(probability implemented as planned), 

and; 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost and 

impact on operations. 

Shutdown Zones—The purpose of a 

shutdown zone is generally to define an 

area within which shutdown of the 

activity would occur upon sighting of a 

marine mammal (or in anticipation of an 

animal entering the defined area). 

Construction supervisors and crews, 

Protected Species Observers (PSO), and 

relevant Coast Guard staff must avoid 

direct physical interaction with marine 

mammals during construction activities, 

which could include (but are not 

limited to) the following: (1) barge 

movement to the pile location; (2) pile 

positioning on the substrate via a crane 

(i.e., stabbing the pile); and (3) pile 

removal from the water column/ 

substrate via a crane (i.e., deadpull). If 

a marine mammal comes within 10 

meters of such activity, operations must 

cease and vessels must reduce speed to 

the minimum level required to maintain 

steerage and safe working conditions, as 

necessary to avoid direct physical 

interaction. 

Further, Coast Guard must implement 

activity-specific shutdown zones as 

described in table 9. The shutdown zone 

for humpback whales or other nonauthorized marine mammal species 

(except killer whales) will be the 

predicted Level B harassment isopleth. 

For these species, project activity may 

resume after the animal has not been 

observed for 15 minutes, or has been 

observed leaving the shutdown zone 

(i.e. the Level B harassment zone). As 

proposed by Coast Guard, killer whales 

will require a shutdown upon 

observation no matter location in order 

to prevent take of members of the 

Southern Resident stock. If killer whales 

are sighted, the project activity would 

resume only after the killer whale is not 

observed for 15 minutes. 

TABLE 9—REQUIRED SHUTDOWN ZONES

Pile type Pile 

driving method 

Shutdown zone 

(m) 

Monitoring 

zone 

(m)—all 

Killer whales LF MF HF PW OW species 

Steel ............. Vibratory ................ Any sighting at any distance ..................... 3,415 12 3,415 

Impact .................... 136 55 136 

Timber .......... Vibratory ................ 4,642 35 4,642 

Protected Species Observers—The 

placement of PSOs during all 

construction activities (described in the 

Monitoring and Reporting section) will 

ensure that the entire shutdown zone is 

visible. Coast Guard will employ three 

PSOs for vibratory installation and 

extraction of steel and timber piles. Two 

PSOs will be land-based, while one will 

be positioned on a vessel to ensure full 

monitoring coverage to the estimated 

Level B harassment isopleth. For impact 

pile driving activities, Coast Guard will 

employ one PSO. 

Pre and Post-Activity Monitoring— 

Monitoring must take place from 30 

minutes prior to initiation of pile 

driving activity (i.e., pre-start clearance 

monitoring) through 30 minutes postcompletion of pile driving activity. Prestart clearance monitoring must be 

conducted during periods of visibility 

sufficient for the lead PSO to determine 

that the shutdown zones indicated in 

table 9 are clear of marine mammals. 

Pile driving may commence following 

30 minutes of observation when the 

determination is made that the 

shutdown zones are clear of marine 

mammals. If a marine mammal is 

observed entering or within the 

shutdown zones, pile driving activity 

must be delayed or halted. If pile 

driving is delayed or halted due to the 

presence of a marine mammal, the 

activity may not commence or resume 

until either the animal has voluntarily 

exited and been visually confirmed 

beyond the shutdown zone or 15 

minutes have passed without redetection of the animal. If a marine 

mammal for which take by Level B 

harassment is authorized is present in 

the Level B harassment zone, activities 

will begin and Level B harassment take 

will be recorded. 

Monitoring for Level B Harassment— 

PSOs will monitor the shutdown zones 

and beyond to the extent that PSOs can 

see. For this activity, the monitoring 

zone is defined as the largest predicted 

Level B harassment isopleth for a given 

activity (table 9). Monitoring beyond the 

shutdown zones enables observers to be 

aware of and communicate the presence 

of marine mammals in the project areas 

outside the shutdown zones and thus 

prepare for a potential cessation of 

activity should the animal enter the 

shutdown zone. If weather or sea 

conditions restrict the observer’s ability 

to observe the monitoring zone, pile 

driving activities must cease until 

conditions are favorable for observations 

to resume. 

Soft Start—Soft-start procedures are 

used to provide 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, soft start requires 

contractors to provide an initial set of 

three strikes at reduced energy, followed 

by a 30-second waiting period, then two 

subsequent reduced-energy strike sets. 

A soft start must be implemented at the 

start of each day’s impact pile driving 

and at any time following cessation of 

impact pile driving for a period of 30 

minutes or longer. 

If unsafe working conditions during 

ramp ups are reported (e.g., crane failure 

from excess wear due to the ramp up 

procedure) by the contractor and 

verified by an independent safety 

inspection, Coast Guard may elect to 

discontinue impact driver ramp ups. 

Coast Guard will inform NMFS if the 

ramp up procedure is discontinued. If 

use of a variable moment driver is 

infeasible and the model of impact 

driver was not specifically designed for 

ramp up procedures, then Coast Guard 

will not employ impact ramp up 

procedures due to personnel safety 

concerns. 

In-water Work Window—To reduce 

impacts to marine fishes, Coast Guard 

will follow the in-water work window 

designated for the Strait of Juan de Fuca 

and associated bays and inlets by the 

U.S. Army Corps of Engineers. The work 

window extends from July 16 to 

February 15; no in-water work will be 

conducted outside of that date range 

unless a modification is negotiated with 

the relevant regulatory agencies, 

including the U.S. Army Corps of 

Engineers. 

NMFS and Coast Guard considered 

the use of bubble curtains as a 

mitigation measure during this project. 

However, based on the limited amount 

of impact driving expected, the 

relatively small estimated Level A 

harassment isopleths, and the potential 


lotter on DSK11XQN23PROD with NOTICES1

I I I 
74448 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

for increased turbidity during bubble 

curtain use, NMFS has determined that 

use of a bubble curtain would not 

further reduce take of marine mammals 

during this project and they are not 

included in the required mitigation 

methods. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has determined that the 

described 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 

In order to issue an IHA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 

most value is obtained from the required 

monitoring. 

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 

activity; 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); and 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

Marine mammal monitoring must be 

conducted in accordance with the 

Marine Mammal Monitoring Plan, dated 

July 2023, available online at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-us-coastguard-air-station-port-angeles-piermaintenance-and. Marine mammal 

monitoring during pile driving and 

removal must be conducted by NMFSapproved PSOs in a manner consistent 

with the following: 

• PSOs must be independent of the 

activity contractor (for example, 

employed by a subcontractor) and have 

no other assigned tasks during 

monitoring periods; 

• At least one PSO must have prior 

experience performing the duties of a 

PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; 

• Other PSOs may substitute other 

relevant experience, education (degree 

in biological science or related field) or 

training for experience performing the 

duties of a PSO during construction 

activities pursuant to a NMFS-issued 

incidental take authorization; 

• Where a team of three or more PSOs 

is required, a lead observer or 

monitoring coordinator must be 

designated. The lead observer must have 

prior experience performing the duties 

of a PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; and 

• PSOs must be approved by NMFS 

prior to beginning any activity subject to 

this IHA. 

PSOs should have the following 

additional qualifications: 

• Ability to conduct field 

observations and collect data according 

to assigned protocols; 

• 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, times, 

and reason for implementation of 

mitigation (or why mitigation was not 

implemented when required); 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. 

A team of one to two land based PSOs 

will be deployed to observe the 

monitoring zones for vibratory and 

impact pile driving during this project. 

PSOs will be located at the best vantage 

points to see the entirety of the active 

zone. One PSO will have an 

unobstructed view of all water within 

the shutdown zones, and will be 

stationed at or near the project activity. 

While the exact monitoring stations 

have not yet been determined, Coast 

Guard provided potential locations in 

Figure 1 of its Marine Mammal 

Monitoring and Mitigation Plan. 

Additionally, a PSO will be stationed 

for monitoring on an observation vessel 

in order to ensure the entire monitoring 

zone to the extent of the relevant 

predicted Level B harassment isopleth 

can be observed during vibratory pile 

installation and removal. 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after all in water construction activities. 

In addition, PSOs will record all 

incidents of marine mammal 

occurrence, regardless of distance from 

activity, and will 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. 

Reporting 

Coast Guard will submit a draft report 

to NMFS within 90 calendar days of the 

completion of monitoring or 60 calendar 

days prior to the requested issuance of 

any subsequent IHA for construction 

activity at the same location, whichever 

comes first. The marine mammal 

monitoring report will include an 

overall description of work completed, 

a narrative regarding marine mammal 

sightings, and associated PSO data 

sheets. Specifically, the report would 

include: 

• Dates and times (begin and end) of 

all marine mammal monitoring; 

• Construction activities occurring 

during each daily observation period, 

including: (1) The number and type of 

piles that were driven and the method 

(e.g., impact or vibratory); and (2) Total 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74449 

duration of driving time for each pile 

(vibratory driving) and number of 

strikes for each pile (impact driving); 

• PSO locations during marine 

mammal monitoring; 

• Environmental conditions during 

monitoring periods (at beginning and 

end of PSO shift and whenever 

conditions change significantly), 

including Beaufort sea state and any 

other relevant weather conditions 

including cloud cover, fog, sun glare, 

and overall visibility to the horizon, and 

estimated observable distance; 

• Upon observation of a marine 

mammal, the following information: (1) 

Name of PSO who sighted the animal(s) 

and PSO location and activity at time of 

sighting; (2) Time of sighting; (3) 

Identification of the animal(s) (e.g., 

genus/species, lowest possible 

taxonomic level, or unidentified), PSO 

confidence in identification, and the 

composition of the group if there is a 

mix of species; (4) Distance and location 

of each observed marine mammal 

relative to the pile being driven for each 

sighting; (5) Estimated number of 

animals (min/max/best estimate); (6) 

Estimated number of animals by cohort 

(adults, juveniles, neonates, group 

composition, etc.); (7) Animal’s closest 

point of approach and estimated time 

spent within the harassment zone; (8) 

Description of any marine mammal 

behavioral observations (e.g., observed 

behaviors such as feeding or traveling), 

including an assessment of behavioral 

responses thought to have resulted from 

the activity (e.g., no response or changes 

in behavioral state such as ceasing 

feeding, changing direction, flushing, or 

breaching); 

• Number of marine mammals 

detected within the harassment zones, 

by species; and 

• Detailed information about 

implementation of any mitigation (e.g., 

shutdowns and delays), a description of 

specific actions that ensued, and 

resulting changes in behavior of the 

animal(s), if any. 

A final report must be prepared and 

submitted within 30 calendar days 

following receipt of any NMFS 

comments on the draft report. If no 

comments are received from NMFS 

within 30 calendar days of receipt of the 

draft report, the report shall be 

considered final. 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, 

Coast Guard must report the incident to 

the OPR, NMFS 

(PR.ITP.MonitoringReports@noaa.gov 

and itp.hotchkin@noaa.gov) and to the 

West Coast regional stranding network 

(866–767–6114) as soon as feasible. If 

the death or injury was clearly caused 

by the specified activity, Coast Guard 

must immediately cease the activities 

until NMFS OPR is able to review the 

circumstances of the incident and 

determine what, if any, additional 

measures are appropriate to ensure 

compliance with the terms of this IHA. 

Coast Guard must not resume their 

activities until notified by NMFS. The 

report must include the following 

information: 

D Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

D Species identification (if known) or 

description of the animal(s) involved; 

D Condition of the animal(s) (including 

carcass condition if the animal is dead); 

D Observed behaviors of the animal(s), 

if alive; 

D If available, photographs or video 

footage of the animal(s); and 

D General circumstances under which 

the animal was discovered. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), as well as 

effects on habitat, and the likely 

effectiveness of the mitigation. We also 

assess the number, intensity, and 

context of estimated takes by evaluating 

this information relative to population 

status. Consistent with the 1989 

preamble for NMFS’ implementing 

regulations (54 FR 40338; September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the baseline (e.g., as 

reflected in the regulatory status of the 

species, population size and growth rate 

where known, ongoing sources of 

human-caused mortality, or ambient 

noise levels). 

To avoid repetition, the majority of 

our analysis applies to all the species 

listed in table 8, given that many of the 

anticipated effects of this project on 

different marine mammal stocks are 

expected to be relatively similar in 

nature. Where there are meaningful 

differences between species or stocks, or 

groups of species, in anticipated 

individual responses to activities, 

impact of expected take on the 

population due to differences in 

population status, or impacts on habitat, 

they are described independently in the 

analysis below. 

Pile driving and removal activities 

associated with the project, as outlined 

previously, have the potential to disturb 

or displace marine mammals. 

Specifically, the specified activities may 

result in take, in the form of Level B 

harassment, from underwater sounds 

generated from pile driving and 

removal. Potential takes could occur if 

individuals of these species are present 

in zones ensonified above the 

thresholds for Level B harassment, 

identified above, when these activities 

are underway. 

The takes by Level B harassment 

would be due to potential behavioral 

disturbance. No mortality or serious 

injury is anticipated given the nature of 

the activity, and no Level A harassment 

is anticipated due to Coast Guard’s 

construction method and the required 

mitigation measures (see Mitigation 

section). 

Effects on individuals that are taken 

by Level B harassment, on the basis of 

reports in the literature as well as 

monitoring from other similar activities, 

would likely be limited to reactions 

such as increased swimming speeds, 

increased surfacing time, or decreased 

foraging (if such activity were occurring; 

e.g., Thorson and Reyff 2006; HDR, Inc. 

2012; Lerma 2014; ABR 2016). Most 

likely, individuals would simply move 

away from the sound source and be 

temporarily displaced from the areas of 

pile driving and removal, although even 

this reaction has been observed 

primarily only in association with 

impact pile driving, which Coast Guard 

anticipates using for only 10 percent of 

pile driving. If sound produced by 

project activities is sufficiently 

disturbing, animals are likely to simply 

avoid the area while the activity is 

occurring, particularly as the project is 

expected to occur over just 15 in-water 

pile driving days. 

The project is also not expected to 

have significant adverse effects on 

affected marine mammals’ habitats. The 

project activities would not modify 


lotter on DSK11XQN23PROD with NOTICES1
74450 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

existing marine mammal habitat for a 

significant amount of time. The 

activities may cause some fish to leave 

the area of disturbance, thus temporarily 

impacting marine mammals’ foraging 

opportunities in a limited portion of the 

foraging range. Given the short duration 

of the activities and the relatively small 

area of the habitat that may be affected, 

the impacts to marine mammal habitat, 

including fish, are not expected to cause 

significant or long-term negative 

consequences. 

There are two known harbor seal 

haulouts close to the project site. The 

first haulout site is directly across Port 

Angeles Harbor from the USCG Air 

Station, approximately 2.4 km away. 

Seals swimming to and from this 

haulout have the potential to experience 

Level B harassment due to underwater 

sound exposure during vibratory or 

impact pile driving activities. However, 

the project activities are not expected to 

occur during any particularly sensitive 

time (e.g., molting or pupping season), 

and the project duration is short, with 

approximately 15 days of in-water work. 

Given the availability of a second 

haulout close by (3.5 km (2.17 mi) from 

the project site on the opposite side of 

Ediz Hook) which is not expected to be 

exposed to noise from pile driving, and 

the short duration of the project, there 

are no anticipated significant or longterm negative consequences to harbor 

seals in the project area. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 

expected to adversely affect any of the 

species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury or mortality is 

anticipated or authorized; 

• The anticipated incidents of Level B 

harassment would consist of, at worst, 

temporary modifications in behavior 

that would not result in fitness impacts 

to individuals; 

• Take estimates were calculated 

assuming that no activities would occur 

on the same day. However, in reality, 

vibratory and impact driving are likely 

to occur on the same day, reducing the 

overall impact to marine mammal 

species; 

• The area impacted by the specified 

activity is very small relative to the 

overall habitat ranges of all species; 

• While impacts will occur within 

areas that are important for feeding or 

resting for multiple stocks, because of 

the small footprint of the activity 

relative to the area of these important 

use areas, and the scope and nature of 

the anticipated impacts of pile driving 

exposure, we do not expect impacts to 

the reproduction or survival of any 

individuals. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

described monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the planned 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The number of instances of take for 

each species or stock authorized to be 

taken as a result of this project is 

included in table 8. Our analysis shows 

that less than one-third of the best 

available population abundance 

estimate of each stock could be taken by 

harassment. The number of animals 

authorized to be taken for all stocks 

would be considered small relative to 

the relevant stock’s abundances even if 

each estimated taking occurred to a new 

individual, which is an unlikely 

scenario. 

A lack of an accepted stock 

abundance value for the Washington 

Northern Inland Waters stock of harbor 

seal did not allow for the calculation of 

an expected percentage of the 

population that would be affected. The 

most relevant estimate of partial stock 

abundance is 7,513 seals (CV = 11.5%) 

(Jefferson et al. 2021). Given 210 

authorized takes by Level B harassment 

for the stock, comparison to the best 

estimate of stock abundance shows, at 

most, 2.8 percent of the stock would be 

expected to be impacted. 

Based on the analysis contained 

herein of the planned activity (including 

the required 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 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the ESA of 1973 (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. 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for 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 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 

determined that the issuance of the IHA 

qualifies to be categorically excluded 

from further NEPA review. 

Authorization 

NMFS has issued an IHA to Coast 

Guard for the potential harassment of 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74451 

small numbers of five marine mammal 

species incidental to the Pier 

Maintenance and Bank Stabilization 

project in Port Angeles, Washington, 

that includes the previously explained 

mitigation, monitoring and reporting 

requirements. The IHA can be found at: 

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

incidental-take-authorization-us-coastguard-air-station-port-angeles-piermaintenance-and. 

Dated: October 25, 2023. 

Catherin Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–23948 Filed 10–30–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD325] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Eareckson Air 

Station Fuel Pier Repair in Alcan 

Harbor on Shemya Island, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from the U.S Army Corps of Engineers 

(USACE) on behalf of the Pacific Air 

Forces Regional Support Center (USAF) 

for authorization to take marine 

mammals incidental to the Eareckson 

Air Station (EAS) Fuel Pier Repair in 

Alcan Harbor, Shemya Island, Alaska. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an incidental harassment 

authorization (IHA) to incidentally take 

marine mammals during the specified 

activities. NMFS is also requesting 

comments on a possible one-time, 1- 

year renewal that could be issued under 

certain circumstances and if all 

requirements are met, as described in 

the Request for Public Comments 

section at the end of this notice. NMFS 

will consider public comments prior to 

making any final decision on the 

issuance of the requested MMPA 

authorization and agency responses will 

be summarized in the final notice of our 

decision. 

DATES: Comments and information must 

be received no later than November 30, 

2023. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service and should be 

submitted via email to ITP.Fleming@

noaa.gov. Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed below. 

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. 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: Kate 

Fleming, 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

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 the 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 the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

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 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 

request. 

Summary of Request 

On May 15, 2023, NMFS received a 

request from the USACE on behalf of 

USAF for an IHA to take marine 

mammals incidental to construction 

associated with the EAS Fuel Pier 

Repair in Alcan Harbor on Shemya 

Island, Alaska. Following NMFS’ review 

of the application, and discussions 

between NMFS and USAF, the 

application was deemed adequate and 

complete on September 19, 2023. The 

USAF’s request is for take of 12 species 

of marine mammals, by Level B 

harassment and, for a subset of these 

species, Level A harassment. Neither 

USAF nor NMFS expect serious injury 

or mortality to result from this activity 

and, therefore, an IHA is appropriate. 


lotter on DSK11XQN23PROD with NOTICES1