50634 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 311,796 annual burden 

hours. 

If you have additional comments, 

suggestions, or need a copy of the 

information collection instrument, 

please visit the USCIS Web site at: 

http://www.regulations.gov/fdmspublic/ 

component/main. 

We may also be contacted at: USCIS, 

Regulatory Management Division, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529, telephone 

number 202–272–8377. 

August 22, 2008. 

Stephen Tarragon, 

Deputy Chief, Regulatory Management 

Division, U.S. Citizenship and Immigration 

Services, Department of Homeland Security. 

[FR Doc. E8–19856 Filed 8–26–08; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–FHC–2008–N0212; 71490–1351–

0000–L5] 

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, 

Alaska—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 

(Enhydra lutris kenyoni) for a period of 

1 year beginning in the first quarter of 

2009. 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 September 26, 2008. 

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 telephone at Fish and Wildlife 

Service, Office of Marine Mammals 

Management, 907–786–3807 or 1–800–

362–5148. 

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

R7_MMM_Comment@FWS.gov. Please 

submit comments as an ASCII file 

avoiding the use of special characters 

and any form of encryption. Please also 

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. 

5. 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). 

Summary of Request 

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 


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the Akutan Airport, Alaska—Airport 

Construction and Hovercraft Operation 

(Project). Under the proposed action, the 

Applicants would construct a new 

airport to serve the community of 

Akutan on the southwestern portion of 

Akun Island, approximately 7 miles east 

of the community. Transport to and 

from Unalaska would be accomplished 

by hovercraft operations. Access to the 

Akun airport location would be 

provided by hovercraft from the City 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 onsite 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 

will commence during the second 

quarter (between April and June) of 

2009 and continue until the fourth 

quarter (between October and 

December) of 2010. Hovercraft testing 

may commence as early as the first 

quarter (between January and March) of 

2009, with sustained operations 

commencing in the fourth quarter of 

2010, 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 

(Figure 1). 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 will run between the 

community of Akutan, across Akun 

Strait, to a landing site on the shore of 

Surf Bay on Akun Island. 

BILLING CODE 4310–55–P 


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BILLING CODE 4310–55–C 

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. 

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 Columbia. 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, 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.), in 

August 2005 (70 FR 46366; August 9, 

2005). 

Potential Impacts of the Akutan 

Airport, Alaska—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 would expect most of the 

impacts from incidental harassment to 

occur in the Surf Bay area. 

The response of marine mammals to 

airport construction and hovercraft 

operations varies 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 

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 the 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 will be 

constructed primarily in areas away 

from intertidal and subtidal areas to 

avoid adverse effects on northern sea 

otters and their habitat. Surf Beach 

landing site construction 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. 

Potential Impacts on Subsistence Needs 

In the Aleutian Islands, rural 

residents use a variety of plant and 

animal 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 residents 

of Akutan harvest less than one sea otter 

per year, on average. We do not 

anticipate that the project described in 

this application will have any adverse 

effect on subsistence uses or needs. 

Mitigation Measures 

As described in correspondence 

between FAA and the Service (FAA 

2007; USFWS 2007), the Applicants will 

implement the following measures to 

avoid, minimize, and mitigate the 

effects of the proposed action on 

northern sea otters: 

a. A Hovercraft Will 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; however, the use of 

ramp-up and power-down procedures 

and the avoidance of areas of sea otter 

concentrations will minimize any 

potential disturbance. 

b. The Hovercraft Landings Will Be 

Located To Minimize Impacts to 

Intertidal and Subtidal Areas 

Hovercraft landings will be 

constructed primarily in areas away 

from intertidal and subtidal areas to 

avoid adverse effects on northern sea 

otters and their habitat. Surf Bay 

landing site construction 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 less intrusive with respect 

to sea otter habitat than construction of 

fixed, in-water 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 

possess the potential to harass northern 

sea otters due to habitat or noise 

disturbance. We anticipate that the use 

of a hovercraft will avoid the need to 

construct in-water facilities such as 


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moorings, piers, or docks that could 

require dredging or pile driving. 

d. The Hovercraft Will Be Operated 

Pursuant to a Route Operational 

Manual, Which Will Dictate the 

Avoidance of Sensitive Areas and 

Species 

As discussed in the Biological 

Assessment, the Applicants will 

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 

expedite development of the Route 

Operational Manual to ensure the 

proposed action avoids adverse effects 

to listed northern sea otters and other 

protected marine mammals. The Route 

Operational Manual must have our 

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. Expedite Completion of the Route 

Operation Manual 

The Applicants propose to expedite 

completion of a Route Operation 

Manual, which will be developed in 

consultation with the Service, the 

National Marine Fisheries Service 

(NMFS), the U.S. Coast Guard, and 

FAA. The Route Operation Manual will 

outline specific, detailed procedures to 

avoid and minimize impacts to sea 

otters. The Route Operation Manual will 

not only identify hovercraft routes, but 

it will also provide a clearly written 

protocol that all hovercraft operators 

will be required to follow during 

hovercraft operations. The Applicants 

will commence developing a draft Route 

Operation Manual within 60 days after 

issuance of the IHA. The Applicants 

will submit a final Route Operation 

Manual to the agencies for review and 

approval within 60 days after receipt of 

all agency comments on the draft. 

During Route Operation Manual 

development, the applicant proposes to 

consult with the hovercraft 

manufacturer to insure that hovercraft 

operations occur in the least intrusive 

manner possible. Through these 

discussions, the parties and the 

manufacturer may identify additional, 

cost-effective measures to further reduce 

vessel noise. 

f. All Fueling and Hovercraft 

Maintenance Activities Will Be 

Conducted to the Maximum Extent 

Feasible at Least 100 Feet Away From 

Akutan Harbor and Surf Bay, and Fuel 

Storage Will Be at Least 100 Feet Away 

From Akutan Harbor and Surf Bay 

As discussed in the Biological 

Assessment, northern sea otters are 

susceptible to oiling due to fuel spills 

because they depend on their insulation 

of dense fur to keep warm. They 

likewise may ingest oil during grooming 

and feeding. To address this issue, the 

Applicants propose to conduct all 

fueling activities at the maximum 

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

away from Akutan Harbor and Surf 

Bay). Fuel storage will also occur at 

least 100 feet away from these locations. 

The Applicants will 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. To address the risk of spills or 

contamination associated with 

hovercraft maintenance, the Applicants 

propose to conduct all maintenance 

activities either on hovercraft landing 

areas, above inter-tidal or sub-tidal 

areas, or in the hovercraft storage 

building. 

g. Research Activities To Assess the 

Potential Effects of Hovercraft 

Operations on Northern Sea Otters 

Given the uncertainty associated with 

the potential effects of hovercraft 

operations on northern sea otters, the 

applicant will undertake research efforts 

to evaluate in detail the effects of 

hovercraft noise on northern sea otter 

behavior and physiology. Information 

collected through research on hovercraft 

operations at Cold Bay may augment, 

and potentially obviate the need for, 

certain research efforts at Akutan. 

Appendix A to the September 27, 2007, 

letter from FAA to the Service (FAA 

2007) discusses in detail the proposed 

study design and methods for this 

research effort. 

To evaluate the potential impacts of 

hovercraft operations on northern sea 

otters in the Akutan Bay region, the 

applicant will conduct a study of sea 

otter movements and diving behaviors 

in the project area. The study proposes 

using time-depth recorders and Very 

High Frequency (VHF) radiotransmitters to evaluate movement and 

dive patterns before and after the 

hovercraft becomes operational. The 

Applicants propose to develop and 

implement a final study plan in 

consultation with the Service. The 

Applicants will fund such project and 

will strive to involve the Service, local 

community members, and native 

organizations in these research 

activities. 

h. Establishment of Northern Sea Otter 

Avoidance Areas 

The Applicants will 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 

minimize disturbance and or 

displacement of animals. During the 

first year of operation, the avoidance 

areas will be periodically surveyed and 

monitored, in association with 

hovercraft operation. A detailed 

description of monitoring requirements 

is provided in the Monitoring and 

Reporting sections below. 

i. Hovercraft Speed and Course 

Alteration 

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 its 

position and the relative course of travel 

is likely to approach the hovercraft, the 

hovercraft’s speed or course will, 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 occur, further 

mitigation measures must be taken (e.g., 

further course alterations or power 

down). 

j. Power-Down Procedures 

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 cannot be changed to avoid 

having the animal enter the PDA, then 

the hovercraft will, consistent with 

applicable design and operational 

requirements, decrease its speed to the 

slowest practicable speed before the 

animal enters the PDA. Power-down 

procedures will be developed in 

consultation with the hovercraft 

manufacturer and the Service to ensure 


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procedures are safe and within the 

operating parameters of the hovercraft. 

k. Ramp-Up Procedures 

The applicant will implement ‘‘rampup’’’ procedures 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 would occur such that the sound 

associated with hovercraft operations 

would increase at a gradual rate, 

consistent with applicable design and 

operational requirements, and sufficient 

to allow the hovercraft to leave the ramp 

using the slope of the ramp in 

conjunction with minimum power. The 

Applicants propose to confer with the 

hovercraft operator to develop ramp-up 

procedures consistent with this 

guideline. 

l. Night-Time Operations 

The Applicants will work with the 

Service to develop night-time 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 require a 

specific 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 0.05 percent of the estimated 

population size. 

(2) The area where the activity will 

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 of the southwest Alaska 

population stock of the northern sea 

otter. 

(3) The area where the activity will 

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 hovercraft 

testing and 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 Operations Manual will 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 will not adversely affect the 

southwest Alaska stock of northern sea 

otters through effects on rates of 

recruitment or survival, and will, 

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 will 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. The Service finds 

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 

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 will 

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 will conduct marine 

mammal monitoring during the Akutan 

Airport, Alaska—Airport Construction 

and Hovercraft Operation, in order to 

implement the mitigation measures that 

require real-time monitoring, and to 

satisfy monitoring called for under the 

MMPA. Project personnel will 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 will also 

be recorded. The Applicants also 

propose to form an Akutan marine 

mammal workgroup in coordination 

with the City of Akutan, the Aleutians 

East Borough, the Service, and NMFS. 

This workgroup will consist of 

representatives from affected native 

organizations, the City of Akutan, FAA, 

and the Services. The workgroup will 

provide a forum to discuss hovercraft 

monitoring results and other issues 

pertaining to airport operations and 

northern sea otter conservation. 

The workgroup shall discuss, among 

other things: (1) Any proposed changes 

in hovercraft operations to provide both 

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 


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50640 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

Applicant will coordinate the formation 

of the workgroup, and will be 

responsible for organizing meeting 

agendas, establishing meeting locations, 

and facilitating community involvement 

at such meetings. Workgroup meetings 

shall commence within 60 days from 

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 will implement the 

following monitoring and reporting 

program to increase knowledge 

regarding the species, and to assess the 

level of taking caused by the proposed 

action: 

a. Vessel-Based Monitoring 

Vessel-based monitoring will be 

conducted by a qualified Serviceapproved observer. 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 x 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. During the first year of 

hovercraft operation, monitoring will 

occur each time the hovercraft operates 

during daylight hours, including during 

initial sea trials in the action area. 

Monitoring methods during periods of 

darkness will be developed with the 

Service prior to nighttime operations. 

Thereafter, monitoring will occur as 

directed 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 

Operation 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. Aerial Monitoring 

In addition to vessel monitoring, the 

applicant will conduct periodic aerial 

monitoring in and near the project area, 

including Surf Bay or other 

(undisturbed) areas that provide 

northern sea otter habitat. The aerial 

surveys will: (1) Collect and report data 

on the distribution, numbers, and 

general movements of northern sea 

otters in the project vicinity; (2) help 

inform operating vessels as to the 

presence of northern sea otters in the 

general area of operation; and (3) 

facilitate the estimation of impacts of 

hovercraft operations on northern sea 

otters. The aerial survey will be 

conducted after a research permit is 

obtained from the Service. 

Aerial monitoring will be conducted 

on a monthly basis when feasible, in 

consultation with the Service, during 

the first year of hovercraft operation. 

One Service-approved observer will be 

on the aircraft observing and recording 

the location of northern sea otters. 

Space will be made available on the 

survey aircraft for Service staff to 

participate in surveys when possible. 

Aerial survey observers will record 

the number, group size, location 

(latitude/longitude), time, date, 

direction, and angle from aircraft for 

each sea otter observed. Data will also 

be collected on tide, other pertinent 

environmental variables, and 

operational activities of the hovercraft 

(e.g., in operation, last time the 

hovercraft crossed the bay, present 

location of the hovercraft). Observation 

conditions will be recorded at the start 

and finish of each survey or whenever 

conditions change (e.g., ceiling height, 

sea state, glare, other weather factors). 

c. Reporting 

Reports on vessel-based and aerial 

monitoring will be sent to the Service by 

fax or electronic mail on a regular basis. 

Reports will describe hovercraft 

operations 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. 

Upon completion of the first stage of 

operations, monitoring results will be 

compiled and provided to the Service’s 

Marine Mammals Management Office 

(MMM) for review. Additional 

monitoring information will be 

collected, compiled, and provided to 

MMM throughout the life of the project. 

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, have 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. 

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 


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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50641 

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 Akutan Airport, 

Alaska—Airport Construction and 

Hovercraft Operation. The final IHA 

would specify the starting date (some 

time during the first quarter of 2009) 

and ending date (one 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 would 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. 

Public Comments Solicited 

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). 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the record, which we will honor to the 

extent allowable by law. If you wish us 

to withhold your name and/or address, 

you must state that prominently at the 

beginning of your comment. However, 

we will not consider anonymous 

comments. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Dated: August 18, 2008. 

Thomas O. Melius, 

Regional Director, Alaska Region. 

[FR Doc. E8–19731 Filed 8–26–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

U.S. Geological Survey 

Agency Information Collection: 

Comment Request 

AGENCY: United States Geological 

Survey (USGS), Interior. 

ACTION: Notice of a new collection. 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are notifying the public that 

we will submit to OMB a new 

information collection request (ICR) for 

review and approval. This notice 

provides the public an opportunity to 

comment on the paperwork burden of 

this collection. 

DATES: You must submit comment on or 

before October 27, 2008. 

ADDRESSES: Send your comments to the 

IC to Phadrea Ponds, Information 

Collections Clearance Officer, U.S. 

Geological Survey, 2150–C Center 

Avenue, Fort Collins, CO 80525 (mail); 

(970) 226–9230 (fax); or 

pponds@usgs.gov (e-mail). Please 

reference Information Collection 1028–

NEW, MASSWELL 

FOR FURTHER INFORMATION CONTACT: John 

A. Colman, U.S. Geological Survey, 10 

Bearfoot Road, Northborough, 

Massachusetts 01532 (mail); at 508–

490–5027 telephone; or 

jacolman@usgs.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Title: Study on Arsenic and Uranium 

in Bedrock Wells of East Central 

Massachusetts. 

OMB Control Number: 1028-new. 

Abstract: Concerns about possible 

elevated uranium and arsenic in some 

aquifers that provide drinking water to 

east central Massachusetts have 

prompted state and federal agencies to 

begin a study to assess concentrations of 

these contaminants. The U.S. Geological 

Survey (USGS) and the Massachusetts 

Department of Environmental Protection 

(MDEP) are conducting the study with 

assistance of staff from the 

Massachusetts Department of Public 

Health, Bureau of Environmental Health 

(MDPH/BEH) to assess: 

• The number of private wells 

containing raw-water concentrations of 

arsenic or uranium that are greater than 

the current drinking water standards 

• The degree to which bedrock units 

can be associated with concentrations of 

uranium and arsenic 

• Whether individuals consuming the 

water may have elevated concentrations 

of these elements in their urine. 

The study will indicate whether there 

are correlations between arsenic and 

uranium concentrations, and bedrock 

units. This information will help guide 

future water-supply development and 

well-water testing. It will tell local 

health officials where the areas of 

concern are in their communities, and 

provide background concentrations by 

rock type for use in identifying 

contamination from human sources. 

We will protect information from 

respondents considered proprietary 

under the Freedom of Information Act 

(5 U.S.C. 552) and its implementing 

regulations (43 CFR Part 2), and under 

regulations at 30 CFR 250.197, ‘‘Data 

and information to be made available to 

the public or for limited inspection.’’

Responses are voluntary. No questions 

of a ‘‘sensitive’’ nature are asked. 

Frequency of Collection: One time 

only. 

Respondent’s Obligation: Voluntary. 

Estimated Number and Description of 

Respondents: 1000 individual and 

household residents. 

Estimated Number of Responses: 800 

responses. 

Annual Burden Hours: 400 hours. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: We 

estimate the public reporting burden 

will average 30 minutes per response. 

This includes the time for reviewing 

instructions, collecting a water sample 

and completing the survey. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-Hour Cost’’: We 

have not identified any ‘‘non-hour cost’’

burdens associated with this collection 

of information. 

Public Disclosure Statement: The PRA 

(44 U.S.C. 3501, et seq. ) provides that 

an agency may not conduct or sponsor 

and you are not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. Until OMB approves a 

collection of information, you are not 

obligated to respond. 

Comments: Before submitting an ICR 

to OMB, PRA section 3506(c)(2)(A) (44 

U.S.C. 3501, et seq. ) requires each 

agency‘‘ * * * to provide notice * * * 

and otherwise consult with members of 

the public and affected agencies 

concerning each proposed collection of 

information * * *’’ Agencies must 

specifically solicit comments. We invite 

comments concerning this information 

collection on: 

(1) Whether or not the collection of 

information is necessary, including 

whether or not the information will 

have practical utility; 

(2) the accuracy of our estimate of the 

burden for this collection of 

information; 

(3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 


sroberts on PROD1PC70 with NOTICES