[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42363-42364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15035]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA269]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine Structure Maintenance and Pile
Replacement in Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letters of Authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that two Letters of Authorization (LOA) have been issued to the U.S.
Navy (Navy) for the take of marine mammals incidental to maintenance
construction activities at facilities in Washington.
DATES: The Letters of Authorization are effective from July 16, 2020,
through January 15, 2021, and from July 16, 2020, through February 15,
2021.
ADDRESSES: The LOAs and supporting documentation are available online
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i)
[[Page 42364]]
has the potential to injure a marine mammal or marine mammal stock in
the wild (Level A harassment); or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing disruption
of behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering (Level B
harassment).
Summary of Request
On April 17, 2019, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to maintenance
construction activities at six facilities in Washington (84 FR 15963).
The Navy plans to conduct construction necessary for maintenance of
existing in-water structures at the following facilities: Naval Base
Kitsap (NBK) Bangor, NBK Bremerton, NBK Keyport, NBK Manchester,
Zelatched Point, and Naval Station Everett (NS Everett). These repairs
include use of impact and vibratory pile driving, including
installation and removal of steel, concrete, plastic, and timber piles.
The use of both vibratory and impact pile driving is expected to
produce underwater sound at levels that have the potential to result in
harassment of marine mammals.
For the 2020-21 in-water work season, the Navy requested issuance
of LOAs for work planned at NBK Manchester and Zelatched Point. The
Navy submitted site-specific monitoring plans. Following NMFS review
and approval of the required plans, we have issued the requested LOAs.
The approved plans are available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.
Authorization
We have issued two LOAs to the Navy authorizing the take of marine
mammals incidental to maintenance construction activities, as described
above. Take of marine mammals will be minimized through the
implementation of the following planned mitigation measures: (1)
Required monitoring of the construction areas to detect the presence of
marine mammals before beginning construction activities; (2) shutdown
of construction activities under certain circumstances to avoid injury
of marine mammals; and (3) soft start for impact pile driving to allow
marine mammals the opportunity to leave the area prior to beginning
impact pile driving at full power. Additionally, the rule includes an
adaptive management component that allows for timely modification of
mitigation or monitoring measures based on new information, when
appropriate. The Navy will submit reports as required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under these LOAs
will have a negligible impact on marine mammal stocks and will not have
an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses.
Dated: July 7, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-15035 Filed 7-13-20; 8:45 am]
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