Notice2021-16022
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Floating Dry Dock Project at Naval Base San Diego in San Diego, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Effective
September 15, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the United States Navy for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of one species of marine mammals, by Level B harassment, incidental to construction associated with the Floating Dry Dock Project at Naval Base San Diego in San Diego, California. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from September 15, 2020, through September 14, 2021. The Navy has requested re- issuance with new effective dates of September 15, 2021, through September 14, 2022. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40468-40469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16022]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB256]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Floating Dry Dock Project at
Naval Base San Diego in San Diego, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: NMFS has received a request from the United States Navy for
the re-issuance of a previously issued incidental harassment
authorization (IHA) with the only change being effective dates. The
initial IHA authorized take of one species of marine mammals, by Level
B harassment, incidental to construction associated with the Floating
Dry Dock Project at Naval Base San Diego in San Diego, California. The
project has been delayed and none of the work covered in the initial
IHA has been conducted. The initial IHA was effective from September
15, 2020, through September 14, 2021. The Navy has requested re-
issuance with new effective dates of September 15, 2021, through
September 14, 2022. The scope of the activities and anticipated effects
remain the same, authorized take numbers are not changed, and the
required mitigation, monitoring, and reporting remains the same as
included in the initial IHA. NMFS is, therefore, issuing a second
identical IHA to cover the incidental take analyzed and authorized in
the initial IHA.
DATES: This authorization is effective from September 15, 2021, through
September 14, 2022.
ADDRESSES: An electronic copy of the final 2020 IHA previously issued
to the Navy, the Navy's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-floating-dry-dock-project-naval-base-san-diego">www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-floating-dry-dock-project-naval-base-san-diego</a>. In case of problems
accessing these documents, please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 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.
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
On June 1, 2020, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the Floating Dry
Dock Project at Naval Base San Diego in San Diego, California (85 FR
33129). The effective dates of that IHA were September 15, 2020,
through September 14, 2021. On July 12, 2021, the Navy informed NMFS
that the project was delayed. None of the work identified in the
initial IHA (e.g., pile driving) has occurred. The Navy submitted a
request that we reissue an identical IHA that would be effective from
September 15, 2021, through September 14, 2022, in order to conduct the
construction work that was analyzed and authorized through the
previously issued IHA. Therefore, re-issuance of the IHA is
appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of the Navy's construction project is to ensure the
Naval Base San Diego's capability to conduct berth-side repair and
maintenance of vessels. The need for the proposed action is to
construct a floating dry dock by support by installing two mooring
dolphins, fender piles, and a concrete ramp wharf and vehicle bridge.
The location, timing, and nature of the activities, including the types
of equipment planned for use, are identical to those described in the
initial IHA. The mitigation and monitoring are also as prescribed in
the initial IHA.
The only species that is expected to be taken by the planned
activity is California sea lions (Zalophus
[[Page 40469]]
californianus). A description of the methods and inputs used to
estimate take anticipated to occur and, ultimately, the take that was
authorized is found in the previous documents referenced above. The
data inputs and methods of estimating take are identical to those used
in the initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that no new information affects our original
analysis of impacts or take estimate under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2020 IHA for the Navy's construction work (85 FR 33129; June 1,
2020), the Navy's application, the Federal Register notice of the
proposed IHA (85 FR 21179; April 16, 2020), and all associated
references and documents.
Determinations
The Navy will conduct activities as analyzed in the initial 2020
IHA. As described above, the number of authorized takes of the same
species and stocks of marine mammals are identical to the numbers that
were found to meet the negligible impact and small numbers standards
and authorized under the initial IHA and no new information has emerged
that would change those findings. The re-issued 2021 IHA includes
identical required mitigation, monitoring, and reporting measures as
the initial IHA, and there is no new information suggesting that our
analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) the Navy's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action with respect to environmental
consequences on the human environment.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities identified in CE B4
of the Companion Manual for NAO 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued an IHA to the Navy for in-water construction
activities associated with the specified activity from September 15,
2020, through September 14, 2021. All previously described mitigation,
monitoring, and reporting requirements from the initial 2020 IHA are
incorporated.
Dated: July 22, 2021.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-16022 Filed 7-27-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 28, 2021.
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