Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32497 

Total Estimated Burden Hours: 489. 

Status: New Collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: June 2, 2010. 

Leroy McKinney, Jr., 

Departmental Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2010–13695 Filed 6–7–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R7–FHC–2010–N067; 71490–1351– 

0000–L5–FY10] 

Marine Mammals; Incidental Take 

During Specified Activities 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of application 

and proposed incidental harassment 

authorization; request for comments. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), have received an 

application from the Alaska Department 

of Transportation and Public Facilities 

and the Aleutians East Borough for 

authorization to take small numbers of 

marine mammals by harassment 

incidental to the Akutan Airport’s 

Airport Construction and Hovercraft 

Operation in Akutan and Unalaska, 

Alaska. In accordance with provisions 

of the Marine Mammal Protection Act of 

1972 (MMPA), as amended, we request 

comments on our proposed 

authorization for the applicant to 

incidentally take, by harassment, small 

numbers of northern sea otters for a 

period of 1 year, beginning May 1, 2010. 

We anticipate no take by injury or death 

and include none in this proposed 

authorization, which would be for take 

by harassment only. 

DATES: Comments and information must 

be received by July 8, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

1. By mail to: Douglas Burn, Office of 

Marine Mammals Management, U.S. 

Fish and Wildlife Service, 1011 East 

Tudor Road, Anchorage, AK 99503. 

2. By fax to: 907–786–3816. 

3. By electronic mail (e-mail) to: 

R7_MMM_Comment@FWS.gov. Please 

include your name and return address 

in your message. If you do not receive 

a confirmation from the system that we 

have received your message, contact us 

directly at the telephone numbers 

above. 

4. By hand-delivery to the above 

address. 

FOR FURTHER INFORMATION CONTACT: To 

request copies of the application, the list 

of references used in this notice, and 

other supporting materials, contact 

Douglas Burn at the address or 

telephone numbers in ADDRESSES, or by 

e-mail at Douglas_Burn@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

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

MMPA, as amended (16 U.S.C. 1371 

(a)(5)(A) and (D)), authorize the 

Secretary of the Interior 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, provided that we 

make certain findings and either issue 

regulations or, if the taking is limited to 

harassment, provide a notice of a 

proposed authorization to the public for 

review and comment. 

We may grant authorization to 

incidentally take marine mammals if we 

find 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 

subsistence uses. As part of the 

authorization process, we prescribe 

permissible methods of taking and other 

means of affecting the least practicable 

impact on the species or stock and its 

habitat, and requirements pertaining to 

the monitoring and reporting of such 

takings. 

The term ‘‘take,’’ as defined by the 

MMPA, means to harass, hunt, capture, 

or kill, or to attempt to harass, hunt, 

capture, or kill any marine mammal. 

Harassment, as defined by the MMPA, 

means ‘‘any act of pursuit, torment, or 

annoyance which (i) has the potential to 

injure a marine mammal or marine 

mammal stock in the wild [the MMPA 

calls this 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 [the MMPA calls 

this Level B harassment].’’ 

The terms ‘‘small numbers,’’ 

‘‘negligible impact,’’ and ‘‘unmitigable 

adverse impact’’ are defined in 50 CFR 

18.27, the Service’s regulations 

governing take of small numbers of 

marine mammals incidental to specified 

activities. ‘‘Small numbers’’ is defined as 

‘‘a portion of a marine mammal species 

or stock whose taking would have a 

negligible impact on that species or 

stock.’’ ‘‘Negligible impact’’ is defined 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.’’ ‘‘Unmitigable 

adverse impact’’ is defined as ‘‘an impact 

resulting from the specified activity (1) 

that 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) that cannot 

be sufficiently mitigated by other 

measures to increase the availability of 

marine mammals to allow subsistence 

needs to be met.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals where the take will be 

limited to harassment. Section 

101(a)(5)(D)(iii) establishes a 45-day 

time limit for Service review of an 

application, followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, we must either 

issue or deny issuance of the 

authorization. We refer to these 

authorizations as Incidental Harassment 

Authorizations (IHAs). 

Previous Federal Action 

On July 9, 2008, we received a joint 

application from the Alaska Department 

of Transportation and Public Facilities 

and the Aleutians East Borough 

(Applicants) for the taking by 

harassment of northern sea otters 

(Enhydra lutris kenyoni) incidental to 

the Akutan Airport, Alaska Airport 

Construction and Hovercraft Operation 

(Project). The request was published in 

the Federal Register on August 27, 2008 

(73 FR 50634). On November 10, 2008, 

the Service issued IHAs to the 

Applicants authorizing Level B 

harassment of northern sea otters for a 

period of 1 year, the last date of which 

is April 30, 2010. Due to funding 

constraints, no construction activities or 

hovercraft operations have been 

conducted to date or will be conducted 

during the remainder of this period. 

Therefore no incidental take of sea 

otters occurred under the existing IHAs. 


emcdonald on DSK2BSOYB1PROD with NOTICES
32498 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

Summary of Request 

On January 25, 2010, we received a 

joint application from the Alaska 

Department of Transportation and 

Public Facilities and the Aleutians East 

Borough (Applicants) to reissue the 

existing authorization for an additional 

1-year period for the taking by 

harassment of northern sea otters 

incidental to the Project. The activities 

described in this joint application 

request are the same as those proposed 

in 2008. Therefore, if issued, the IHA 

will be basically the same. 

Under the proposed action, the 

Applicants would construct a new 

airport on the southwestern portion of 

Akun Island, which would serve the 

community of Akutan, approximately 7 

miles to the west. Access to the Akun 

airport location would be provided by 

hovercraft from the community of 

Akutan to Surf Beach, which offers a 

protected landing area. Marine service 

by hovercraft between the community of 

Akutan and Surf Bay on Akun Island 

would satisfy passenger comfort and 

weather operability goals. When not in 

use, the hovercraft would be stored in 

a building at the head of Akutan Harbor. 

Staff would access the hovercraft storage 

area at the head of the harbor by 

traveling in a skiff. A 3,000-foot-long 

road would connect the hovercraft 

landing pad on Surf Beach to the 

runway located on the bench above the 

beach. A diesel bus would be used to 

transport passengers between the 

hovercraft and aircraft. The bus would 

be fueled on site and stored at the 

airport when not in use. 

A detailed description of the 

proposed action is contained in a Final 

Environmental Assessment (FEA) and 

Finding of No Significant Impact/ 

Record of Decision (FONSI/ROD) 

prepared by the Applicants for the 

Federal Aviation Administration (FAA) 

and issued in December 2007 (73 FR 

4040; January 23, 2008). A Biological 

Opinion for the proposed Akutan 

Airport Project was issued by the 

Service in May 2007. 

Description of the Activity 

Akutan Airport, Alaska—Airport 

Construction and Hovercraft Operation 

a. Timing of Construction and 

Hovercraft Operation 

Construction of the airport and related 

transportation of construction materials 

would commence in May 2010 and 

continue through the third quarter 

(between October and December) of 

2012. Hovercraft testing could 

commence as early as the first quarter 

(between January and March) of 2010, 

with sustained operations commencing 

in the fourth quarter of 2012, after 

completion of construction. 

b. Geographic Location of Action 

The community of Akutan is located 

on a small bay on Akutan Island in the 

eastern region of the Aleutian Islands 

(73 FR 50636). The city of Akutan has 

a population of about 741. The 

community is located 35 miles east of 

Unalaska and 766 miles southwest of 

Anchorage. The proposed location for 

the new airport to serve the community 

of Akutan is on the southwestern 

portion of Akun Island, approximately 7 

miles east of the community. The 

hovercraft route would run between the 

community of Akutan, across Akun 

Strait, to a landing site on the shore of 

Surf Bay on Akun Island. 

Description of Habitat and Marine 

Mammals Affected by the Activity 

Three monthly surveys for sea otters 

were conducted in winter (January– 

March) 2006 as part of the field 

investigations for the Akun Alternative 

by HDR Alaska, Inc. in Akutan Harbor, 

Akun Strait, and Surf Bay along the 

proposed Akun airport hovercraft route. 

Sea otter numbers were highest in 

January (22), with declines in February 

(17), and by March, only 7 otters were 

observed. Preferred habitat appeared to 

include protected areas in Akutan 

Harbor near the community of Akutan 

and along nearshore habitats at Akun 

and Green Island. Most of the otters 

sighted were individuals, and only one 

female with a pup was observed during 

the winter surveys. A detailed 

description of the habitat, status, 

distribution, and seasonal distribution 

of northern sea otters is contained in the 

FEA, the Biological Assessment for the 

proposed IHA, and the Biological 

Opinion (FWS 2007) for the proposed 

Akutan Airport Project. 

Since issuance of the IHAs in 

November 2008, additional sea otter 

distribution information has become 

available (USGS 2008). Sea otter 

distribution remained consistent over 

the period of review, the years 2004, 

2006, and 2008. Areas around Green 

Island appear to support relatively large 

numbers of sea otters, suggesting that 

disturbances in this area should be 

minimized during construction and 

hovercraft operations. 

Status and Distribution of Affected 

Species 

In North America, the northern sea 

otter is found along the coasts of 

Washington, British Columbia, and 

Alaska. Present distribution extends 

from the north coast of Washington 

State into the north Vancouver Island 

area of British Colombia. In Alaska, 

northern sea otters occur in the coastal 

waters from southeast Alaska to the 

Aleutian Island chain (Riedman and 

Estes 1990). Currently there are three 

population stocks of northern sea otters 

in Alaska. Since the mid-1980s, the 

southwest population stock has 

undergone an overall 55–67 percent 

decline (Doroff et al. 2003; Burn et al. 

2003; Burn and Doroff 2005; Estes et al. 

2005; USFWS 2005). The animals found 

in the Aleutian Islands have 

experienced the greatest declines. More 

specifically, the population in the Rat 

Island group, located in the central 

Aleutian Island chain, declined by 

about 94 percent; aerial survey counts of 

the Rat Island group decreased from 270 

in 1959 to 11 in 2000 (Kenyon 1969; 

Doroff et al. 2003). The reasons for this 

decline are not well understood and are 

under investigation. Consequently, on 

August 9, 2005, the southwestern 

Alaska distinct population segment 

(DPS) of northern sea otters was listed 

as threatened under the Endangered 

Species Act of 1973 (ESA), as amended 

(16 U.S.C. 1531 et seq.; 70 FR 46366). 

Critical habitat for this species was 

designated on October 8, 2009 and 

became effective on November 9, 2009 

(74 FR 51988). 

Potential Impacts of the Airport 

Construction and Hovercraft Operation 

on Sea Otters 

The proposed activities have the 

potential to disturb resting and foraging 

activities of sea otters, particularly in 

waters that are protected in the near 

shore habitat, which is used for resting, 

pup rearing, and foraging. The 

incremental effects of the hovercraft 

operation will be minimal in Akutan 

Harbor, which presently has 

considerable amounts of vessel traffic. 

In contrast, Surf Bay has relatively little 

vessel traffic. This fact may explain why 

surveys indicate that the majority of sea 

otters observed along the hovercraft 

route were in the proximity of Surf Bay. 

As a result, we expect most of the 

impacts from incidental harassment to 

occur in the Surf Bay area. 

The responses of marine mammals to 

airport construction and hovercraft 

operations vary among species. Sea 

otters have not been reported as 

particularly sensitive to sound and/or 

movement disturbance, especially in 

comparison to other marine mammals 

such as pinnipeds (U.S. Air Force and 

USFWS 1988; Efroymson and Suter 

2001). However, observations of sea 

otters indicate their responses to 

disturbance are highly variable (A. 

Doroff, USFWS, pers. comm.). If any sea 


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otters are present during project 

operations, some of them may be 

temporarily disturbed by noise or 

hovercraft operating in the area. This 

could result in an otter entering the 

water from land and/or diving, which 

they do as part of their normal behavior 

pattern. The short-term displacement of 

any hauled-out animals that is likely to 

occur as a result of project noise and 

personnel is not anticipated to affect the 

overall fitness of any individual animal. 

Potential Effects on Habitat 

Hovercraft landings would be 

constructed primarily in areas above the 

mean high tide line to minimize adverse 

effects on northern sea otters and their 

habitat. Surf Beach landing site 

construction will impact about 0.4 

intertidal acres and about 0.01 subtidal 

acres. Construction at the head of 

Akutan Harbor will impact about 0.1 

intertidal acres and about 0.6 subtidal 

acres. 

Potential Impacts on Subsistence Needs 

In the Aleutian Islands, rural 

residents use a variety of plant and 

animals resources for subsistence 

purposes. The MMPA provides for a 

subsistence take of marine mammals by 

Alaska Natives. Although northern sea 

otters are harvested for subsistence 

purposes in the Aleutians, information 

from the Service’s marine mammal 

Marking, Tagging, and Reporting 

Program (MTRP) indicates that on 

average, less than one sea otter per year 

is harvested from Akutan. We do not 

anticipate that the project described in 

this application would have any adverse 

effect on subsistence uses or needs. 

Mitigation Measures 

As described in correspondence 

between FAA and the Service (FAA 

2007; FWS 2007), the Applicants would 

be required to implement the following 

measures to avoid, minimize, and 

mitigate the effects of the proposed 

action on northern sea otters: 

a. A Hovercraft Shall Be Used To 

Transport Passengers to and From the 

Airport 

As described in the Biological 

Assessment, hovercrafts produce less 

wake and less underwater noise than 

other marine vessels. Peer-reviewed 

scientific literature concludes that a 

hovercraft is considerably quieter 

underwater than a similar-sized 

conventional vessel, and that hovercraft 

may be an attractive alternative to 

conventional vessels if underwater 

sounds cause concerns. In-air sound 

may constitute a source of disturbance 

for listed sea otters. 

b. The Hovercraft Landings Shall Be 

Located To Minimize Impacts to 

Intertidal and Subtidal Areas 

Construction of hovercraft landings 

shall occur primarily in areas away from 

intertidal and subtidal areas to avoid 

adverse effects on northern sea otters 

and their habitat. Construction of the 

Surf Beach landing site would impact 

about 0.4 intertidal acres and about 0.01 

subtidal acres. Construction at the head 

of Akutan Harbor would impact about 

0.1 intertidal acres and about 0.6 

subtidal acres. Such construction is 

likely to be more environmentally 

sensitive than construction of fixed, inwater docks or other related facilities. 

c. No Dredging or Pile Driving Is 

Anticipated During the Construction of 

the Hovercraft Landings 

Both dredging and pile driving have 

the potential to harass northern sea 

otters due to habitat or noise 

disturbance. We anticipate that the use 

of a hovercraft would avoid the need to 

construct in-water facilities such as 

moorings, piers, or docks that could 

require dredging or pile driving. 

d. The Hovercraft Shall Be Operated 

According to a Route Operational 

Manual, Which Shall Require 

Avoidance of Sensitive Areas and 

Species 

The Applicants will be required to 

develop a Route Operational Manual in 

consultation with the Service. The 

purpose of the Route Operational 

Manual is to develop hovercraft routes 

and operational procedures that avoid 

and minimize the likelihood of northern 

sea otter disturbance. As described 

below, the Applicants propose to 

develop an initial Route Operational 

Manual to ensure initial hovercraft 

operations avoid adverse effects to listed 

northern sea otters and other protected 

marine mammals. The Route 

Operational Manual would require 

Service approval prior to initiation of 

hovercraft operation, and operator 

compliance with the Route Operational 

Manual will be required as a condition 

of airport design approval and Clean 

Water Act 404 permit issuance. 

e. All Fueling and Hovercraft 

Maintenance Activities Shall Be 

Conducted to the Maximum Extent 

Feasible at Least 100 Feet Away From 

Akutan Harbor and Surf Bay, and Fuel 

Storage Shall Be at Least 100 Feet Away 

From Akutan Harbor and Surf Bay 

Northern sea otters are susceptible to 

the adverse effects of oiling due to fuel 

spills because otters depend on their 

insulation of dense fur to keep warm. 

Otters likewise may ingest oil during 

grooming and feeding. To address this 

issue, the Applicants shall conduct all 

fueling activities at the maximum 

distance feasible (i.e., at least 100 feet 

away from Akutan Harbor and Surf 

Bay). Fuel storage shall also occur at 

least 100 feet away from these locations. 

The Applicants shall comply with all 

applicable Federal and State fuel 

handling and storage requirements, 

further reducing the risk that any spill 

reaches sensitive northern sea otter 

habitat. 

f. To Prevent Contamination, Hovercraft 

Maintenance Activities Shall Occur in 

the Hovercraft Storage Building or on 

the Hovercraft Landing 

As discussed above, sea otters are 

susceptible to the adverse effects of 

oiling due to fuel spills because otters 

depend on their insulation of dense fur 

to keep warm. Otters likewise may 

ingest oil or other compounds during 

grooming or feeding. To address the risk 

of spills or contamination associated 

with hovercraft maintenance, the 

Applicants shall conduct all 

maintenance activities either on 

hovercraft landing areas, above 

intertidal or subtidal areas or in the 

hovercraft storage building. The 

Applicants shall comply with all 

applicable Federal and State hazardous 

materials handling and storage 

requirements, further reducing the risk 

that any contamination reaches 

sensitive northern sea otter habitat. 

g. Completion of an Initial Route 

Operational Manual Shall Be Expedited 

The Applicants shall expedite 

completion of an initial Route 

Operational Manual, which shall be 

developed in consultation with the 

Service prior to initial operation of the 

hovercraft. The Route Operational 

Manual will outline specific, detailed 

procedures to avoid and minimize 

impacts to sea otters. The Route 

Operational Manual shall identify 

hovercraft routes and provide a clearly 

written protocol that all hovercraft 

operators will be required to follow 

during initial hovercraft operations. The 

Applicants shall submit a draft initial 

Route Operation Manual to the Service 

for review and approval at least 30 days 

prior to commencing hovercraft trials 

during the spring of 2010. 

During Route Operational Manual 

development, the Applicants will 

consult with the hovercraft 

manufacturer to ensure that hovercraft 

operations occur in the most 

environmentally sensitive manner 

possible. Through these discussions, the 

parties and the manufacturer may 


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identify additional, cost-effective 

measures to further reduce vessel noise. 

h. Northern Sea Otter Avoidance Areas 

Shall Be Established 

The Applicants shall identify 

northern sea otter avoidance areas in 

consultation with the Service. These 

avoidance areas will serve to help 

delineate areas of likely northern sea 

otter occurrence to allow for their 

avoidance. Avoidance areas will be 

established through the use of 

preconstruction survey data collected by 

the Applicants in 2006. 

i. Hovercraft Speed and Course Shall Be 

Altered 

If a northern sea otter is observed 

within a set distance (e.g., a minimum 

of 1,200 feet) of the hovercraft (distances 

to be determined based on consultation 

with the Service) and based on the 

otter’s position and the otter’s relative 

course of travel the otter is likely to 

approach the hovercraft, the hovercraft’s 

speed or course shall, when practicable 

and safe, be changed to avoid impacts 

to the species. Northern sea otter 

activities and movements relative to the 

hovercraft will be closely monitored to 

ensure that an animal does not (1) travel 

within a set distance (e.g., a minimum 

of 600 feet) of a departing hovercraft or 

(2) travel within a set distance (e.g., a 

minimum of 300 feet) of an approaching 

hovercraft (the ‘‘potential disturbance 

area’’ or ‘‘PDA’’). If either of these events 

occurs, further mitigation measures 

must be taken (e.g., further course 

alterations or power down). 

j. Power-Down Procedures Shall Be 

Used 

A power down involves decreasing 

the speed of the hovercraft to avoid 

interactions with, and potential 

disturbance of, northern sea otters. If a 

northern sea otter is detected (1) within 

a set distance (e.g., a minimum of 600 

feet) of a departing hovercraft or (2) 

within a set distance (e.g., a minimum 

of 300 feet) of an approaching 

hovercraft, and the vessel’s course or 

speed shall, consistent with applicable 

design and operational requirements, 

decrease its speed to the slowest 

practicable speed before the animal 

enters the PDA. Power-down procedures 

shall be developed in consultation with 

the hovercraft manufacturer and the 

Service to ensure procedures are safe 

and within the operating parameters of 

the hovercraft. 

k. Ramp-Up Procedures Shall Be Used 

‘‘Ramp-up’’ procedures shall be 

implemented when starting up the 

hovercraft, to provide additional 

protection to northern sea otters located 

near hovercraft landing areas. These 

procedures will allow individual 

animals to vacate the area to reduce the 

risk of injury, and to further reduce the 

risk of potentially startling sea otters 

with a sudden intensive sound. Rampup shall occur such that the sound 

associated with hovercraft operations 

will increase at a rate of about 6 dB per 

5 minutes. The Applicants shall confer 

with the hovercraft manufacturer to 

develop ramp-up procedures consistent 

with this guideline. 

l. Low-Light Operations Shall Be 

Utilized 

The Applicants shall work with the 

Service to develop night-time or lowlight operating procedures to avoid and 

minimize impacts to northern sea otters 

and other species. 

Findings 

We propose the following findings 

regarding this action: 

Small Numbers Determination and 

Estimated Take by Incidental 

Harassment 

For small take analysis, the statute 

and legislative history do not expressly 

require a specific type of numbers 

analysis, leaving the determination of 

‘‘small’’ to the agency’s discretion. 

Factors considered in our small 

numbers determination include: 

(1) The number of northern sea otters 

inhabiting the waters in the impact area 

is expected to be small relative to the 

size of the southwest Alaska population 

stock. Skiff-based surveys conducted in 

2006 recorded up to 22 otters in 

proximity to the proposed hovercraft 

route. The current estimate for the size 

of the southwest Alaska population 

stock is approximately 48,000 

individuals (USFWS 2008). The number 

of northern sea otters that could 

potentially be taken by harassment in 

association with the proposed activity is 

less than 0.05 percent of the estimated 

population size. 

(2) The area where the activity would 

occur is small relative to the range of the 

southwest Alaska population stock of 

sea otters. Surf Bay on Akun Island is 

approximately 7 km in length. The 

southwest Alaska population stock 

ranges from Attu Island in the west to 

lower Cook Inlet in the east, a distance 

of more than 2,700 km. Therefore, Surf 

Bay comprises less than 0.3 percent of 

the total range in linear km of the 

southwest Alaska population stock of 

the northern sea otter. 

(3) The area where the activity would 

occur will impact a relatively small 

fraction of the habitat of the southwest 

Alaska population stock of sea otters. 

As sea otters typically inhabit nearshore 

marine areas, shoreline length is a 

readily available metric that can be used 

to quantify sea otter habitat. The total 

length of shoreline within the range of 

the southwest Alaska stock of northern 

sea otters is approximately 19,531 km. 

By comparison, the shoreline of Surf 

Bay is approximately 7 km in length, 

which is less than 0.04 percent of the 

total available habitat. 

(4) Monitoring requirements and 

mitigation measures are expected to 

significantly limit the number of 

incidental takes. Monitoring 

information collected during initial 

hovercraft operations will provide the 

Service and the Applicants with more 

current information about sea otter 

distribution and abundance at Surf Bay 

on Akun Island. In the event that larger 

numbers of sea otters than have 

previously been observed are 

encountered at consistent locations, the 

Route Operational Manual will be 

required to be revised to minimize 

incidents of harassment. 

Negligible Impact 

The Service finds that any incidental 

take by harassment that is reasonably 

likely to result from the proposed 

project would not adversely affect the 

southwest Alaska stock of northern sea 

otters through effects on rates of 

recruitment or survival, and would, 

therefore, have no more than a 

negligible impact on the stock. In 

making this finding, we considered the 

best available scientific information, 

including: (1) The biological and 

behavioral characteristics of the species; 

(2) the most recent information on 

distribution and abundance of sea otters 

within the area of the proposed activity; 

(3) the potential sources of disturbance 

during the proposed activity; and (4) the 

potential response of northern sea otters 

to disturbance. 

The mitigation measures outlined 

above are intended to minimize the 

number of sea otters that may be 

disturbed by the proposed activity. Any 

impacts to individuals are expected to 

be limited to Level B harassment of 

short-term duration. Response of sea 

otters to disturbance would most likely 

be common behaviors such as diving 

and/or swimming away from the source 

of the disturbance. No take by injury or 

death is anticipated. We find that the 

anticipated harassment caused by the 

proposed activities is not expected to 

adversely affect the species or stock 

through effects on annual rate of 

recruitment or survival. 

Our finding of negligible impact 

applies to incidental take associated 


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with the proposed activity as mitigated 

through this authorization process. This 

authorization establishes monitoring 

and reporting requirements to evaluate 

the potential impacts of the authorized 

activities, as well as mitigation 

measures designed to minimize 

interactions with, and impacts to, 

northern sea otters. 

Impact on Subsistence 

We find that the anticipated 

harassment caused by the project would 

not have an unmitigable adverse impact 

on the availability of northern sea otters 

for taking for subsistence uses during 

the period of the activity. In making this 

finding, we considered the timing and 

location of the project and subsistence 

harvest patterns, as reported through the 

MTRP, in the proposed project area. 

Marine Mammal Monitoring 

The applicant would be required to 

conduct marine mammal monitoring 

during the Airport Construction and 

Hovercraft Operation, in order to 

implement the mitigation measures that 

require real-time monitoring, and to 

satisfy monitoring required under the 

MMPA. Project personnel would be 

required to record information regarding 

location and behavior of all sea otters 

observed during operations. When 

conditions permit, information 

regarding age (pup, adult) and any 

tagged animals would also be required 

to be recorded. The Applicants also 

propose to form an Akutan marine 

mammal working group in coordination 

with the City of Akutan, the Aleutians 

East Borough, the Service, and NMFS. 

This working group would consist of 

representatives from affected native 

organizations, the City of Akutan, the 

FAA, and the Services. The working 

group would provide a forum to discuss 

hovercraft monitoring results and other 

issues pertaining to airport operations 

and northern sea otter conservation. 

The working group shall discuss, 

among other things: (1) Any proposed 

changes in hovercraft operations to 

provide both the FAA and the Service 

with community perspectives on airport 

operations, (2) monitoring frequency 

and duration based upon monitoring 

results and related factors, and (3) 

completion of peer reviews for reports 

that evaluate and interpret monitoring 

data. The Applicants will coordinate the 

formation of the working group, and 

will be responsible for organizing 

meeting agendas, establishing meeting 

locations, and facilitating community 

involvement at such meetings. Working 

group meetings shall commence within 

60 days after FAA’s approval of airport 

construction, and shall occur on a 

quarterly basis for a minimum of 5 years 

after hovercraft operations commence. 

Monitoring and Reporting 

The Applicants shall implement the 

following monitoring and reporting 

program to increase knowledge 

regarding the species, and to assess the 

level of take caused by the proposed 

action: 

a. Vessel-Based (Hovercraft) Monitoring 

During Initial Trial Operations 

All hovercraft activities conducted 

prior to the construction of the airport 

and commencement of flight service 

will be considered ‘‘trial operations.’’ 

Vessel-based monitoring will be 

conducted by a qualified Serviceapproved observer. Vessel-based 

monitoring is distinguished from other 

forms of monitoring in that it will be 

conducted from the hovercraft itself, as 

opposed to from other platforms (e.g., 

land, skiff). Methods for observing, 

estimating distances to northern sea 

otters and other marine species, and 

recording data quickly and accurately 

will be tested prior to hovercraft 

operations at Akutan. Reticle binoculars 

(e.g., 7 × 50 Bushnell or equivalent) and 

laser range finders (Leica LRF 1200 laser 

range finder or equivalent) are 

considered standard equipment for 

observers on board ships with marine 

mammal observers. Final observation 

methods will be approved by the 

Service. 

Vessel-based observers will begin 

monitoring at least 30 minutes prior to 

the planned start of the hovercraft and 

during all periods of hovercraft 

operations to ensure the effectiveness of 

ramp-up as a mitigation measure. 

Observers will also monitor the safety 

areas prior to hovercraft operation. If 

northern sea otters are observed within 

the safety areas, hovercraft operations 

will be altered in accordance with 

procedures contained in the Route 

Operational Manual to avoid or 

minimize noise-related disturbance to 

animals occurring in the area. 

Data for each northern sea otter, other 

marine mammals, and Steller’s eiders 

observed in the action area during the 

period of hovercraft operations will be 

collected and provided to the Service in 

GIS format for mapping and analysis. 

Numbers of northern sea otters 

observed, frequency of observation, sea 

state, any behavioral changes due to 

hovercraft operations, and other 

pertinent variables will be recorded and 

entered into a custom database using a 

notebook computer. The accuracy of the 

data entry will be verified by 

computerized validity data checks as 

the data are entered, and by subsequent 

manual checking of the database. These 

procedures will allow initial summaries 

of data to be prepared during and 

shortly after the field program, and will 

facilitate transfer of the data to 

statistical, graphical, or other programs 

for additional processing and archiving. 

Results from the vessel-based 

observations will provide: (1) A basis for 

real-time mitigation; (2) information 

needed to estimate the number of 

northern sea otters that are determined 

to have been harassed; (3) data on the 

occurrence, distribution, and activities 

of marine mammals in the area where 

hovercraft operations are conducted; 

and (4) data on the behavior and 

movement patterns of northern sea 

otters seen at times with and without 

hovercraft activity. 

b. Baseline Skiff Surveys 

The Applicants will conduct baseline 

skiff surveys in April of the year that 

construction begins. These surveys will 

document pre-activity distribution and 

abundance of sea otters in the project 

area prior to the start of construction. A 

minimum of three skiff-based line 

transect surveys will be conducted 

during each survey event. Additionally, 

a survey event will be conducted each 

April during the construction phase of 

the project and the April after 

construction is completed to document 

distribution and abundance after each 

construction year. Surveys will be 

conducted from a skiff or vessel and 

will encompass marine waters from a 

depth of 40 meters to mean high tide. 

c. Reporting 

Reports on vessel- and land-based 

activities during construction and 

vessel-based monitoring will be faxed or 

e-mailed to the Service on a regular 

basis. Reports will describe hovercraft 

operations and construction activities, 

and northern sea otter monitoring 

activities during the reporting period. 

Frequency and specific content of 

reports will be determined based on 

consultation with the Service. 

Endangered Species Act 

The proposed activity will occur 

within the range of the southwest 

Alaska DPS of the northern sea otter, 

which is presently listed as threatened 

under the ESA, as amended. The FAA 

and the Service’s Anchorage Fish and 

Wildlife Field Office in Anchorage, 

Alaska, had consulted under Section 7 

of the ESA, and concluded that the 

proposed activity will not jeopardize the 

southwest Alaska DPS of the northern 

sea otter. However, at the time the 

consultation occurred, critical habitat 

had not been designated. Therefore, we 


emcdonald on DSK2BSOYB1PROD with NOTICES
32502 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

are reinitiating consultation with the 

Applicants to take into consideration 

the rescheduled project dates and 

potential impacts to critical habitat. We 

will also reinitiate and complete intraService section 7 consultation prior to 

finalization of the IHA, which will 

include consideration of the new dates 

and potential impacts to critical habitat. 

National Environmental Policy Act 

(NEPA) 

The applicant provided an FEA on the 

project. The Service finds that this FEA 

meets NEPA standards for analyzing the 

effects of the issuance of this IHA. To 

obtain a copy of the FEA, contact the 

individual identified in the ADDRESSES

section. 

Government-to-Government Relations 

With Native American Tribal 

Governments 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, Secretarial Order 3225, 

and the Department of the Interior’s 

manual at 512 DM 2, we readily 

acknowledge our responsibility to 

communicate meaningfully with 

federally recognized Tribes on a 

Government-to-Government basis. On 

July 24, 2008, we contacted the Native 

Village of Akutan to offer Governmentto-Government consultation on this 

project. The Tribal Administrator 

declined the offer, stating that their 

Tribe fully supports the development of 

an airport on Akun Island. 

Proposed Authorization 

The Service proposes to issue an IHA 

for small numbers of northern sea otters 

harassed incidentally by the Applicants 

while conducting the Akutan Airport, 

Alaska, Airport Construction and 

Hovercraft Operation. The final IHA 

would specify the starting date and 

ending date (1 year later) for the 

authorization. Authorization for 

incidental take beyond the period 

specified in the final IHA will require a 

request for renewal. 

The final IHA would also incorporate 

the mitigation, monitoring, and 

reporting requirements discussed in this 

proposal. The Applicants will be 

responsible for following those 

requirements. These authorizations do 

not allow the intentional taking of 

northern sea otters. 

If the level of activity exceeds that 

described by the Applicants, or the level 

or nature of take exceeds those projected 

here, the Service will reevaluate its 

findings. The Secretary may modify, 

suspend, or revoke an authorization if 

the findings are not accurate or the 

conditions described herein are not 

being met. 

Request for Public Comments 

The Service requests interested 

persons to submit comments and 

information concerning this proposed 

IHA. Consistent with section 

101(a)(5)(D)(iii) of the MMPA, we are 

opening the comment period on this 

proposed authorization for 30 days (see 

ADDRESSES). 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: May 25, 2010. 

Gary Edwards, 

Acting Regional Director, Alaska Region. 

[FR Doc. 2010–13649 Filed 6–7–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before May 15, 2010. 

Pursuant to section 60.13 of 36 CFR part 

60, written comments are being 

accepted concerning the significance of 

the nominated properties under the 

National Register criteria for evaluation. 

Comments are also being accepted on 

the following properties being 

considered for removal pursuant to 36 

CFR 60.15. Comments may be 

forwarded by United States Postal 

Service, to the National Register of 

Historic Places, National Park Service, 

1849 C St. NW., 2280, Washington, DC 

20240; by all other carriers, National 

Register of Historic Places, National 

Park Service,1201 Eye St. NW., 8th 

floor, Washington DC 20005; or by fax, 

202–371–6447. Written or faxed 

comments should be submitted by June 

23, 2010. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

ARKANSAS 

Pulaski County 

Main Street Commercial District, The 300 

block of Main St bounded by E 3rd on the 

N and E 4th on the S, Little Rock, 

10000396 

CALIFORNIA 

Mendocino County 

Ford, Jerome B., House, 735 Main St, 

Mendocino, 10000394 

FLORIDA 

Citrus County 

The Masonic Temple of Citrus, Lodge #18, F. 

and A.M., 111 W Main St, Inverness, 

10000387 

INDIANA 

Cass County 

Atkinson, Josephus, Farm, 4474 W. County 

Rd 400 S., Clymers, 10000373 

Hamilton County 

Thornhurst Addition, (Historic Residential 

Suburbs in the United States, 1830–1960 

MPS) Bounded by 650 to 742 W Main St, 

Thornhurst Dr and Rogers Ct, Carmel, 

10000378 

Lake County 

Nichols, Charles E., House, 231 W 

Commercial Ave, Lowell, 10000375 

Northern States Life Insurance Company, 

5935 Hohman Ave, Hammond, 10000376 

Porter County 

Haste-Crumpacker House, 208 N Michigan 

St, Valparaiso, 10000374 

Randolph County 

Union City School, (Indiana’s Public 

Common and High Schools MPS) 310 N 

Walnut St, Union City, 10000379 

Wabash County 

Peabody Memorial Tower, 400 W 7th St, 

North Manchester, 10000377 

LOUISIANA 

Calcasieu Parish 

Cash Grocery and Sales Company 

Warehouse, 801 Enterprise Blvd, Lake 

Charles, 10000395 

East Baton Rouge Parish Rabalais House, 

1300 Steele Blvd, Baton Rouge, 10000388 


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