91692 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices 

ADDRESSES: You may join the OEAP 

virtual meeting (via Zoom) from a 

computer, tablet or smartphone by 

entering the following address: 

OEAP Zoom Meeting 

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FOR FURTHER INFORMATION CONTACT: 

Diana Martino; phone: (787) 226–8849, 

Caribbean Fishery Management Council, 

270 Mun ̃ oz Rivera Avenue, Suite 401, 

San Juan, Puerto Rico 00918–1903. 

SUPPLEMENTARY INFORMATION: 

November 21, 2024 

9:30 a.m.–9:45 a.m. 

—Call to Order 

—Adoption of Agenda 

9:45 a.m.–10:20 a.m. 

—OEAP Chairperson’s Report 

—Updates: 

—Meetings and Webinars Attended: 

CFMC 184th Meeting in San Juan, 

PR 

—IRA Project: ‘‘Understanding Climate 

Change and its Impact on the 

Fishery Ecosystem and the Fisher’s 

Community in the U.S. Caribbean’’ 

—Short Break 

10:20 a.m.–11 a.m. 

—Update on Status of the Fishery 

Ecosystem Plan (FEP)—Liajay 

Rivera 

11 a.m.–12 p.m. 

—Update of the Island-Based Fishery 

Management Plans 

—Fact Sheets on IBFMP 

12 p.m.–1 p.m. 

—Lunch 

1 p.m.–3 p.m. 

—OEAP Recommendation of Outreach 

Strategies on IBFMPs for Puerto 

Rico, St. Thomas/St. John, and St. 

Croix, U.S.V.I. 

—Liaisons Recommendations 

—Liaisons Reports; 

—Wilson Santiago—Puerto Rico 

—Nicole Greaux/St. Thomas, U.S.V.I. 

—St. Croix, U.S.V.I. 

—CFMC Facebook, Instagram and 

YouTube Communications with 

Stakeholders—Cristina Ola ́n 

—Other Business 

The order of business may be adjusted 

as necessary to accommodate the 

completion of agenda items. The virtual 

meeting will begin on November 21, 

2024, at 9:30 a.m., and will end on 

November 21, 2024, at 3 p.m. Other than 

the starting time, interested parties 

should be aware that discussions may 

start earlier or later than indicated, if 

needed, at the discretion of the Chair. 

Special Accommodations 

For any additional information on this 

virtual meeting, please contact Diana 

Martino, Caribbean Fishery 

Management Council, 270 Mun ̃oz 

Rivera Avenue, Suite 401, San Juan, 

Puerto Rico, 00918–1903, telephone: 

(787) 226–8849. 

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

Dated: November 14, 2024. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–27086 Filed 11–19–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE400] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to BNSF Railway 

Bridge Heavy Maintenance Project in 

King County, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorizations. 

SUMMARY: NMFS has received a request 

from BNSF Railway (BNSF) for the 

reissuance of two consecutive 

previously issued incidental harassment 

authorizations (IHAs) with the only 

change being effective dates. The initial 

IHAs authorized take of seven species of 

marine mammals incidental to 

construction associated with the BNSF 

Railway Bridge Heavy Maintenance 

Project. 

DATES: These authorizations are 

effective from July 16, 2025, to July 15, 

2026, and from July 16, 2026, to July 15, 

2027, respectively. 

FOR FURTHER INFORMATION CONTACT: Rob 

Pauline, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

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

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

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, an IHA is issued. 

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 used above are included 

in the relevant sections below and can 

be found in section 3 of the MMPA (16 

U.S.C. 1362) and NMFS regulations at 

50 CFR 216.103. 

Summary of Request 

On April 15, 2022, NMFS published 

a final notice of our issuance of two 

consecutive IHAs authorizing take of 

marine mammals incidental to the 

Bridge 6.3 Heavy Maintenance Project 

in King County, Washington (87 FR 

22506, April 15, 2022). The effective 

dates of the IHAs were from July 16, 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices 91693 

2022, to July 15, 2023, for year 1 and 

from July 16, 2023, to July 15, 2024, for 

year 2. On August 3, 2023, BNSF 

informed NMFS that the project would 

be delayed by one year and requested a 

reissuance of the initial IHAs. None of 

the work identified in the initial IHAs 

(e.g., pile driving and removal) had 

occurred. Therefore, reissuance of the 

two consecutive IHAs was appropriate. 

The IHAs were effective from September 

28, 2023, through July 15, 2024, for year 

1 and from July 16, 2024, to July 15, 

2025, for year 2 (88 FR 70932, October 

13, 2023). On September 20, 2024, 

NMFS received a notice from BNSF 

indicating that work had been delayed 

and requesting the reissuance of 

identical IHAs to be effective from July 

16, 2025, to July 15, 2026, for year 1 and 

from July 16, 2026, to July 15, 2027, for 

year 2. There is no new information that 

would affect the authorized take 

numbers or required mitigation, 

monitoring, and reporting requirements 

and, therefore, reissuance is 

appropriate. The only change is to the 

effective dates. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities, mitigation, 

monitoring, and reporting requirements, 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

for the previously issued IHAs. 

The purpose of BNSF’s Railway 

Bridge 6.3 Heavy Maintenance Project is 

to extend the service life of the existing 

structure by replacing several 

components of the existing movable 

span. The location, timing, and nature 

of the activities, including the types of 

equipment planned for use, are identical 

to those described in the initial IHAs. 

The mitigation and monitoring are also 

as prescribed in the initial IHAs. 

Species that are expected to be taken 

by the planned activity include minke 

whale (Balaenoptera acutorostrata), 

common bottlenose dolphin (Tursiops 

truncatus), long-beaked common 

dolphin (Delphinus capensis), harbor 

porpoise (Phocoena phocoena), 

California sea lion (Zalophus 

californianus), Steller sea lion 

(Eumetopias jubatus) and harbor seal 

(Phoca vitulina). A description of the 

methods and inputs used to estimate 

take anticipated to occur and, 

ultimately, the take that was authorized 

is found in the documents referenced 

below. The data inputs and methods of 

estimating take are identical to those 

used in the initial IHAs. NMFS has 

reviewed recent Stock Assessment 

Reports, information on relevant 

Unusual Mortality Events, and recent 

scientific literature, and determined that 

no new information affects our original 

analysis of impacts or take estimate 

under the initial IHAs. 

We refer to the documents related to 

the previously issued IHAs, which 

include the Federal Register notice of 

the issuance of the initial IHAs for 

BNSF’s construction work (87 FR 22506, 

April 15, 2022), BNSF’s application, the 

Federal Register notice of the proposed 

IHAs (87 FR 4844, January 31, 2022), 

and all associated references and 

documents. These documents may be 

obtained by visiting: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-bnsfrailway-railway-bridge-heavymaintenance-project-king. 

Determinations 

BNSF will conduct activities as 

analyzed in the initial IHAs. As 

described above, the number of 

authorized takes of the same species and 

stocks of marine mammals are identical 

to the numbers that were found to meet 

the negligible impact and small 

numbers standards and authorized 

under the initial IHA and no new 

information has emerged that would 

change those findings. The two 

consecutive, reissued IHAs include 

identical required mitigation, 

monitoring, and reporting measures as 

the initial IHAs, and there is no new 

information suggesting that our analysis 

or findings should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has determined the following: (1) 

the required mitigation measures will 

effect the least practicable impact on 

marine mammal species or stocks and 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; and (4) BNSF’s activities 

will not have an unmitigable adverse 

impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order 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 at the time of issuance that 

the IHAs qualify to be categorically 

excluded from further NEPA review, 

and there is no new information that 

would affect this determination. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

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

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

However, no incidental take of ESAlisted 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. 

Authorization 

NMFS has issued two consecutive 

IHAs to BNSF for in-water construction 

activities associated with the specified 

activity from July 16, 2025, to July 15, 

2026, for year 1 and from July 16, 2026, 

to July 15, 2027, for year 2. All 

previously described mitigation, 

monitoring, and reporting requirements 

from the initial IHAs are incorporated. 

Dated: November 15, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27122 Filed 11–19–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE394] 

Caribbean Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


khammond on DSK9W7S144PROD with NOTICES