[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35267-35268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12466]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA215]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Naval Station Norfolk in
Norfolk, Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take small numbers of marine mammals incidental to
construction activities including marine structure maintenance, pile
replacement, and select waterfront improvements at Naval Station
Norfolk over the course of five years from the date of issuance.
Pursuant to regulations implementing the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt of the Navy's request for the
development and implementation of regulations governing the incidental
taking of marine mammals. NMFS invites the public to provide
information, suggestions, and comments on the Navy's application and
request.
DATES: Comments and information must be received no later than July 9,
2020.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents,
please call the contact listed above.
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 (as delegated to NMFS) 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 incidental take authorization 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance, which (i) 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
In February 2020, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities including marine structure maintenance, pile
replacement, and select waterfront improvements at Naval Station
Norfolk. NMFS reviewed the Navy's application, and the Navy provided an
updated version addressing NMFS' questions and comments on May 22,
2020. The requested regulations would be valid for five years, from
2021 through 2025. The Navy plans to conduct necessary work, including
impact and vibratory pile driving, to repair and upgrade waterfront
structures. The proposed action may incidentally expose marine mammals
occurring in the vicinity to elevated levels of underwater sound,
potentially resulting in incidental take, by harassment only.
Therefore, the Navy requests authorization to incidentally take marine
mammals.
[[Page 35268]]
Specified Activities
The Navy is proposing to upgrade two waterfront facilities on Naval
Station Norfolk: the Morale, Welfare, and Recreation (MWR) Marina and
the V-Area. The Navy is also proposing to conduct general marine
structure maintenance, pile replacement, and upgrade activities, as
needed, at waterfront facilities at Naval Station Norfolk, Defense Fuel
Supply Point Craney Island, and Lambert's Point Deperming Station. The
Navy expects construction will require approximately 574 in-water
workdays over the five-year period. Five species of marine mammals have
been observed in the area and have the potential to be taken by the
Navy's activities.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Navy, if appropriate.
Dated: June 4, 2020.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-12466 Filed 6-8-20; 8:45 am]
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