92644 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

Unmitigable Adverse Impact Analysis 

and Determination 

In order to issue an IHA, NMFS must 

find that the specified activity will not 

have an ‘‘unmitigable adverse impact’’ 

on the subsistence uses of the affected 

marine mammal species or stocks by 

Alaskan Natives. NMFS has defined 

‘‘unmitigable adverse impact’’ in 

§ 216.103 as an impact resulting from 

the specified activity that: (1) is likely 

to reduce the availability of the species 

to a level insufficient for a harvest to 

meet subsistence needs by (i) causing 

the marine mammals to abandon or 

avoid hunting areas, (ii) directly 

displacing subsistence users, or (iii) 

placing physical barriers between the 

marine mammals and the subsistence 

hunters; and, (2) cannot be sufficiently 

mitigated by other measures to increase 

the availability of marine mammals to 

allow subsistence needs to be met. 

For marine mammals, Alaska Natives 

have traditionally harvested harbor seals 

and Steller sea lions in Sitka, Alaska. 

During the most recent ADF&G 

subsistence harvest report (2013), about 

11 percent of Sitka households used 

subsistence-caught marine mammals, 

however, this is the most recent data 

available and there has not been a 

survey since 2013 (ADF&G, 2023). 

The project is not likely to adversely 

impact the availability of any marine 

mammal species or stocks that are 

commonly used for subsistence 

purposes or impact subsistence harvest 

of marine mammals in the region 

because: 

• There is no recent recorded 

subsistence harvest of marine mammals 

in the area; 

• Construction activities are 

temporary and localized to the Gary 

Paxton Industrial Park, and industrial 

area; 

• Construction will not take place 

during the herring spawning season 

when subsistence species are more 

active; 

• Mitigation measures will be 

implemented to minimize disturbance 

of marine mammals in the action area; 

and 

• The project will not result in 

significant changes to availability of 

subsistence resources. 

Based on the description of the 

specified activity, the measures 

described to minimize adverse effects 

on the availability of marine mammals 

for subsistence purposes, and the 

planned mitigation and monitoring 

measures, NMFS has determined that 

there will not be an unmitigable adverse 

impact on subsistence uses from CBS’s 

planned activities. 

Endangered Species Act 

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

(ESA; 16 U.S.C. 1531 et seq.) requires 

that each Federal agency insure that any 

action it authorizes, funds, or carries out 

is not likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species, in 

this case with the Alaska Regional 

Office (AKRO). 

NMFS is authorizing take of western 

DPS of Steller sea lions and the Mexico 

DPS of humpback whales, which are 

listed under the ESA. The NMFS AKRO 

issued a Biological Opinion under 

Section 7 of the ESA on the issuance of 

an IHA to CBS under section 

1010(a)(5)(D) of the MMPA by NMFS 

OPR. The biological opinion concluded 

that the action is not likely to jeopardize 

the continued existence of the listed 

species. 

National Environmental Policy Act 

(NEPA) 

To comply with the NEPA of 1969 (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 determined that the issuance 

of the IHA qualifies to be categorically 

excluded from further NEPA review. 

Authorization 

NMFS has issued an IHA to CBS for 

the potential harassment of small 

numbers of nine marine mammal 

species incidental to the Gary Paxton 

Industrial Park Vessel Haulout project 

in Sitka, Alaska, that includes the 

previously explained mitigation, 

monitoring and reporting requirements. 

Dated: November 18, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27342 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Marine and Coastal Area-Based 

Management Advisory Committee 

Meeting 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: This notice sets forth the 

proposed schedule and agenda of a 

forthcoming meeting of the Marine and 

Coastal Area-based Management 

Advisory Committee (MCAM). The 

members will discuss and provide 

advice on issues outlined under 

SUPPLEMENTARY INFORMATION below. 

DATES: The meeting will be held on 

December 9, 2024, from 2 p.m. to 5 p.m. 

eastern time. 

ADDRESSES: The meeting will be held 

virtually on the Google Meets Platform. 

Registration is not required. Participants 

may join the meeting by computer or by 

phone: 

Join by computer: meet.google.com/pfbmrfv-mtv. 

Join by phone: (US) +1 475–221–6328 

PIN: 102 658 159#. 

The MCAM website may be found at 

https://oceanservice.noaa.gov/ocean/ 

marine-coastal-fac/meetings.html. 

FOR FURTHER INFORMATION CONTACT: Ellie 

Roberts, Program Analyst, NOAA’s 

Office of National Marine Sanctuaries, 

ellie.roberts@noaa.gov, (240) 533–0676. 

SUPPLEMENTARY INFORMATION: As 

required by section 10(a)(2) of the 

Federal Advisory Committee Act, 5 

U.S.C. 1009(a)(2), notice is hereby given 

of a meeting of the MCAM. The MCAM 

was established in 2022 to advise the 

Under Secretary of Commerce for 

Oceans and Atmosphere on sciencebased approaches to area-based 

protection, conservation, restoration, 

and management in coastal and marine 

areas, including the Great Lakes. The 

MCAM charter is located online at 

https://oceanservice.noaa.gov/ocean/ 

marine-coastal-fac/. 

I. Matters To Be Considered 

The meeting time and agenda are 

subject to change. The meeting is 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92645 

convened to discuss the following 

topics: area-based management in the 

U.S.; tracking conservation progress; 

Indigenous-led conservation and costewardship; and various administrative 

and organizational matters. For the most 

up-to-date meeting times, agenda, and 

meeting materials, refer to the MCAM 

website at (https://

oceanservice.noaa.gov/ocean/marinecoastal-fac/meetings.html). 

II. Public Comment Instructions 

The meeting will be open to public 

comment (check the meeting agenda on 

the MCAM website to confirm the time 

for oral public comments). Written 

comments should be received by the 

Designated Federal Official by 

December 4, 2024, to provide sufficient 

time for Committee review. Written 

comments received after December 4, 

2024, will be distributed to the 

Committee, but may not be reviewed 

prior to the meeting date. To submit 

written comments, please email Ellie 

Roberts, ellie.roberts@noaa.gov. Written 

comments NOAA receives are 

considered part of the public record, 

and the entirety of the comment, 

including the name of the commenter, 

email address, attachments, and other 

supporting materials will be publicly 

accessible. Sensitive personally 

identifiable information, such as 

account numbers and Social Security 

numbers, should not be included with 

the comment. Do not submit comments 

that contain profanity, vulgarity, threats, 

or other inappropriate language. 

III. Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Ellie 

Roberts at ellie.roberts@noaa.gov, at 

least 5 days prior to the meeting date. 

John Armor, 

Designated Federal Official, Marine and 

Coastal Area-based Management Advisory 

Committee, Director, Office of National 

Marine Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2024–27386 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE465] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Skagway 

Ore Terminal Redevelopment Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of renewal 

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 a renewal 

incidental harassment authorization 

(IHA) to Municipality of Skagway 

(MOS) to incidentally harass marine 

mammals incidental to the terminal 

redevelopment project in Skagway, 

Alaska. 

DATES: This renewal IHA is valid from 

the date of issuance through September 

30, 2025. 

ADDRESSES: Electronic copies of the 

original application, Renewal request, 

and supporting documents (including 

NMFS Federal Register notices of the 

original proposed and final 

authorizations, and the previous IHA), 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, 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 

promulgated 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 such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

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

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

can be found in the MMPA and NMFS’s 

implementing regulations (see 16 U.S.C. 

1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 


ddrumheller on DSK120RN23PROD with NOTICES1