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DOC/NOAA RIN: 0648-AX32 Publication ID: Spring 2009 
Title: ●Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project 
Abstract: On November 20, 2008, the National Marine Fisheries Service (NMFS) received an application from the Port of Anchorage (Port) and U.S. Department of Transportation Maritime Administration (MARAD) for regulations, under sections 101(a)(5)(D) and (A) of the MMPA, respectively, to take small numbers of four species of marine mammals, including endangered Cook Inlet beluga whales (Delphinapterus leucas) by Level B Harassment, for a period of five years, incidental to the Port of Anchorage Marine Terminal Redevelopment Project in Anchorage, Alaska. The project has the potential to disrupt the behavior patterns of marine mammals and cause mild stress response due to the noise that will be generated from pile driving. This action is not expected to be controversial. The Port is currently carrying out construction that could potentially harass marine mammals under a one-year IHA, issued July 15, 2008. MARAD and the Port prepared an Environmental Assessment (EA) in 2006. NMFS prepared its own EA in 2008 to assess impacts from the project and prepared a FONSI for issuance of the one-year IHA. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 16 USC 1361   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Notice of Receipt of Application  12/18/2008  73 FR 77013   
Notice of Receipt of Application Comment Period End  01/20/2009    
NPRM  05/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov