7660 Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE517] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Trident 

Seafoods Bunkhouse Dock 

Replacement Project, Kodiak, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: NMFS has received a request 

from Trident Seafoods Corporation 

(Trident) for the re-issuance of a 

previously issued incidental harassment 

authorization (IHA) with the only 

change being effective dates. The initial 

IHA authorized take of six species of 

marine mammals, by Level B 

harassment only, incidental to 

construction associated with the 

Bunkhouse Dock replacement project in 

Kodiak, Alaska. The project has been 

delayed and none of the work covered 

in the initial IHA has been conducted. 

The scope of the activities and 

anticipated effects remain the same, 

authorized take numbers are not 

changed, and the required mitigation, 

monitoring, and reporting remains the 

same as included in the initial IHA. 

NMFS is, therefore, issuing a second 

identical IHA to cover the incidental 

take analyzed and authorized in the 

initial IHA. 

DATES: The initial IHA was effective 

from March 1, 2024, through February 

28, 2025. Trident has requested reissuance with new effective dates of 

March 1, 2025, through February 28, 

2026. 

ADDRESSES: An electronic copy of the 

final 2024 IHA previously issued to 

Trident, Trident’s application, and the 

Federal Register notices proposing and 

issuing the initial IHA may be obtained 

by visiting https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-tridentseafoods-corporation-bunkhouse-dockreplacement. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

Marine Mammal Protection Act (MMPA; 

16 U.S.C. 1361 et seq.) direct the 

Secretary of Commerce (as delegated to 

NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, 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). 

Summary of Request 

On March 12, 2024, NMFS published 

final notice of our issuance of an IHA 

authorizing take of marine mammals 

incidental to the Bunkhouse Dock 

replacement project in Kodiak, Alaska 

(89 FR 17820). The effective dates of 

that IHA were March 1, 2024, through 

February 28, 2025. On November 6, 

2024, Trident informed NMFS that the 

project was delayed. None of the work 

identified in the initial IHA (e.g., pile 

driving and removal) has occurred. 

Trident submitted a request that we 

reissue an identical IHA that would be 

effective from March 1, 2025, through 

February 28, 2026, in order to conduct 

the construction work that was analyzed 

and authorized through the previously 

issued IHA. Therefore, re-issuance of 

the IHA is appropriate. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities (including 

mitigation, monitoring, and reporting), 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

and authorized through the previously 

issued IHA. 

The purpose of Trident’s construction 

project is to remove the degraded dock 

and replace it with a new structure to 

provide safe housing and waterfront 

infrastructure for seafood processing. 

The location, timing, and nature of the 

activities, including the types of 

equipment planned for use, are within 

scope of those described in the initial 

IHA. The mitigation and monitoring are 

also as prescribed in the initial IHA. 

Species that are expected to be taken 

by the planned activity include 

humpback whale (Megaptera 

novaeangliae), killer whale, (Orcinus 

orca), Dall’s porpoise (Phocoenoides 

dalli), harbor porpoise (Phocoena 

phocoena), 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 

previous documents referenced above. 

The data inputs and methods of 

estimating take are identical to those 

used in the initial IHA. 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 IHA. 

We refer to the documents related to 

the previously issued IHA, which 

include the Federal Register notice of 

the issuance of the initial 2024 IHA for 

Trident’s construction work (89 FR 

17820, March 12, 2024), Trident’s 

application, the Federal Register notice 

of the proposed IHA (88 FR 88874, 

December 26, 2023), and all associated 

references and documents. 

Determinations 

Trident will conduct activities as 

analyzed in the initial 2024 IHA. 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 


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Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 7661 

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 re-issued 

2025 IHA includes identical required 

mitigation, monitoring, and reporting 

measures as the initial IHA, 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) Trident’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 (NAO) 

216–6A, NMFS must review our 

proposed action with respect to 

environmental consequences on the 

human environment. 

Accordingly, NMFS has determined 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE B4 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. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act (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 NMFS’ Alaska 

Regional Office (AKRO). 

NMFS is authorizing take of the 

Mexico-North Pacific distinct 

population segment (DPS) of humpback 

whale, and the western DPS of the 

Steller sea lion, which are listed as 

threatened or endangered under the 

ESA. The NMFS AKRO issued a 

Biological Opinion under section 7 of 

the ESA on the issuance of an IHA to 

Trident under section 101(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. 

Authorization 

NMFS has issued an IHA to Trident 

for in-water construction activities 

associated with the specified activity 

from March 1, 2025, through February 

28, 2026. All previously described 

mitigation, monitoring, and reporting 

requirements from the initial 2024 IHA 

are incorporated. 

Dated: January 15, 2025. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2025–01448 Filed 1–21–25; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE619] 

Marine Mammals; File No. 28233 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; extension of comment 

period. 

SUMMARY: Notice is hereby given that 

the National Marine Fisheries Service is 

extending the public comment period 

associated with the notice of receipt for 

an application for a permit to import 

bottlenose dolphins (Tursiops 

truncatus) submitted by the Clearwater 

Marine Aquarium. 

DATES: The comment period for the 

notice published on December 20, 2024, 

at 89 FR 104107, is extended. Written 

comments must be received on or before 

March 20, 2025. 

ADDRESSES: The application and related 

documents are available online at 

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

permit-application-import-5-bottlenosedolphins-file-no-28233-clearwatermarine-aquarium. 

You may submit comments, identified 

by NOAA–NMFS–2024–0140, by any of 

the following methods: 

• Electronic Submission: Submit 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

enter NOAA–NMFS–2024–0140 in the 

keyword search. Locate the document 

you wish to comment on from the 

resulting list and click on the 

‘‘Comment Now’’ icon on the right of 

that line. 

• Mail: Comments on the application 

should be addressed to: Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver 

Spring, MD 20910; ATTN: Jolie 

Harrison, Chief, Permits and 

Conservation Division. 

Instructions: Comments must be 

submitted by one of the above methods. 

All comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe PDF file formats 

only. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits and Conservation 

Division via one of the methods listed 

above. The request should set forth the 

specific reasons why a hearing on this 

amendment would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Courtney Smith, 

Ph.D., (301) 427–8401. 

SUPPLEMENTARY INFORMATION: On 

December 20, 2024 (89 FR 104107), the 

National Marine Fisheries Service 

(NMFS) published notice of a permit 

application submitted by the Clearwater 

Marine Aquarium, 249 Windward 

Passage, Clearwater, FL 33767 

(Responsible Party: James Powell, 

Ph.D.,). The applicant is requesting to 

import up to five adult male bottlenose 

dolphins from Attica Zoological Park in 

Athina, Greece, to the Clearwater 

Marine Aquarium for public display. 

The requested duration of the permit is 

five years. In response to a request to 

extend the public comment period, 

NMFS is extending the public comment 

period for an additional 45 days. 


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