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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7660-7661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01448]

[[Page 7660]]

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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.

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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 re-issuance 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-trident-seafoods-corporation-bunkhouse-dock-replacement. 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

[[Page 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
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