Federal Register/Vol. 85, No. 218/Tuesday, November 10, 2020
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71612 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices DEPARTMENT OF COMMERCE submit confidential business Categorical Exclusion B4 (IHAs with no information or otherwise sensitive or anticipated serious injury or mortality) National Oceanic and Atmospheric protected information. of the Companion Manual for NOAA Administration FOR FURTHER INFORMATION CONTACT: Administrative Order 216–6A, which do not individually or cumulatively have [RTID 0648–XA569] Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. the potential for significant impacts on Takes of Marine Mammals Incidental to Electronic copies of the application and the quality of the human environment Specified Activities; Taking Marine supporting documents, as well as a list and for which we have not identified Mammals Incidental to the Berth III of the references cited in this document, any extraordinary circumstances that New Mooring Dolphins Project in may be obtained online at: https:// would preclude this categorical Ketchikan, Alaska www.fisheries.noaa.gov/permit/ exclusion. Accordingly, NMFS has incidental-take-authorizations-under- preliminarily determined that the AGENCY: National Marine Fisheries marine-mammal-protection-act. In case issuance of the proposed IHA qualifies Service (NMFS), National Oceanic and of problems accessing these documents, to be categorically excluded from Atmospheric Administration (NOAA), please call the contact listed above. further NEPA review. Commerce. We will review all comments SUPPLEMENTARY INFORMATION: ACTION: Notice; proposed incidental submitted in response to this notice harassment authorization. Background prior to concluding our NEPA process The MMPA prohibits the ‘‘take’’ of or making a final decision on the IHA SUMMARY: NMFS has received a request marine mammals, with certain request. from the City of Ketchikan, Alaska exceptions. sections 101(a)(5)(A) and (D) (COK) for authorization to take marine Summary of Request of the MMPA (16 U.S.C. 1361 et seq.) mammals incidental to the Berth III On May 14, 2020, NMFS received a direct the Secretary of Commerce (as New Mooring Dolphins Project in request from COK for an IHA to take delegated to NMFS) to allow, upon Ketchikan, AK. Pursuant to the Marine marine mammals incidental to request, the incidental, but not Mammal Protection Act (MMPA), NMFS construction activities associated with intentional, taking of small numbers of is requesting comments on its proposal the Berth III Mooring Dolphin Project in marine mammals by U.S. citizens who to issue an incidental harassment Ketchikan, Alaska. After several engage in a specified activity (other than authorization (IHA) to incidentally take revisions, the application was deemed commercial fishing) within a specified marine mammals during the specified adequate and complete on September geographical region if certain findings activities. NMFS is also requesting 22, 2021. COK’s request is for take of are made and either regulations are comments on a possible one-time, one- nine species of marine mammals by issued or, if the taking is limited to year renewal that could be issued under Level B harassment, including Level A harassment, a notice of a proposed certain circumstances and if all harassment of three of these species. incidental take authorization may be requirements are met, as described in Neither COK nor NMFS expects serious provided to the public for review. Request for Public Comments at the end injury or mortality to result from this Authorization for incidental takings of this notice. NMFS will consider activity and, therefore, an IHA is shall be granted if NMFS finds that the public comments prior to making any appropriate. taking will have a negligible impact on final decision on the issuance of the the species or stock(s) and will not have Description of Proposed Activity requested MMPA authorizations and an unmitigable adverse impact on the agency responses will be summarized in Overview availability of the species or stock(s) for the final notice of our decision. taking for subsistence uses (where COK is proposing improvements to DATES: Comments and information must relevant). Further, NMFS must prescribe Berth III, in order to accommodate a be received no later than December 10, the permissible methods of taking and new fleet of large cruise ships (i.e. Bliss 2020. other ‘‘means of effecting the least class) and to meet the needs of the ADDRESSES: Comments should be practicable adverse impact’’ on the growing cruise ship industry and its addressed to Jolie Harrison, Chief, affected species or stocks and their vessels in Southeast Alaska. Expansion Permits and Conservation Division, habitat, paying particular attention to activities would include vibratory pile Office of Protected Resources, National rookeries, mating grounds, and areas of removal, vibratory pile driving, impact Marine Fisheries Service. Written similar significance, and on the pile driving and down-the-hole (DTH) comments should be submitted via availability of the species or stocks for pile installation. Underwater sound email to [email protected]. taking for certain subsistence uses generated by these in-water activities Instructions: NMFS is not responsible (referred to in shorthand as may result in harassment including for comments sent by any other method, ‘‘mitigation’’); and requirements Level B harassment and Level A to any other address or individual, or pertaining to the mitigation, monitoring harassment of marine mammal species. received after the end of the comment and reporting of the takings are set forth. In-water work is proposed to occur on period. Comments, including all approximately 120 days between attachments, must not exceed a 25- National Environmental Policy Act October 1, 2021 and March 13, 2022 megabyte file size. All comments To comply with the National although the IHA would be effective received are a part of the public record Environmental Policy Act of 1969 until September 30, 2022. and will generally be posted online at (NEPA; 42 U.S.C. 4321 et seq.) and While Bliss class vessels started www.fisheries.noaa.gov/permit/ NOAA Administrative Order (NAO) calling to Ketchikan during the 2018 incidental-take-authorizations-under- 216–6A, NMFS must review our cruise ship season and were able to marine-mammal-protection-act without proposed action (i.e., the issuance of an moor at Berth III, operational wind change. All personal identifying IHA) with respect to potential impacts speed restrictions were established to information (e.g., name, address) on the human environment. safely moor the vessel to prevent voluntarily submitted by the commenter This action is consistent with damage to Berth III structures. To safely may be publicly accessible. Do not categories of activities identified in moor a Bliss class vessel, additional tie VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices 71613 up locations are needed to the north and generate in-water noise. Work may not Islands that consists of a long narrow south ends of the berth. Without the begin without sufficient daylight to water body approximately 11 miles proposed improvements, vessels may be conduct pre-activity monitoring, and (17.7 kilometers) in length (See Figure unable to safely moor at Berth III. may extend into twilight hours as 1). The berth is part of the Port of needed to embed the pile far enough to Ketchikan, an active marine commercial Dates and Duration safely leave piles in place until and industrial area. Construction is expected to take place installation can resume. This is because, At the project site where piles will be over a 200-day period between October during the winter, the shortest days are 1, 2021 and May 1, 2022. Actual in- driven, water depths range between approximately 7 hours of daylight; approximately 60 feet (18.3 meters) to water work is estimated to take a total however, a portion of the daylight hours of 4 months, 120 days or 17 weeks and 160 feet (48.8 meters) (PND 2006). Tidal consists of civil twilight and it can get currents generally range from 0.3 to 1.6 is expected to be completed by March darker earlier due to the tall mountains 13, 2022. In case of unanticipated miles per hour during flood and ebb surrounding Ketchikan and the frequent tides (PND 2006). delays, the effective dates of the cloudy conditions. proposed IHA are from October 1, 2021, The tide range in Ketchikan is to September 30, 2022. The daily Specific Geographic Region significant, with highest observed tides duration of construction activities will COK is located in Southeast Alaska on of 21.4 feet (6.5 meters) and lowest vary based on the daylight hours the western coast of Revillagigedo observed tides of –5.2 feet (-6.5 meters) available. In winter months, shorter 7- Island, near the southernmost boundary based on a mean lower low water hour to 10-hour workdays in available of Alaska. Ketchikan encompasses an (MLLW) elevation of 0.0. Water depths daylight are anticipated and in the early area of approximately 3 square miles of in the area of Tongass Narrows that will fall and early spring longer daylight land and 1 square mile of water. The be ensonified are generally 160 feet or workdays of up to 14-hour days are site is located on the east side of shallower, but get deeper past the anticipated. While COK may work these Tongass Narrows, a marine channel in- southern end of Pennock Island hours, not all activity in a workday will between Revillagigedo and Gravina reaching depths up to 625 feet. VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4725 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES EN10NO20.000</GPH> 71614 Federal Register / Vol.