Notice2022-02164
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Newport, Rhode Island
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
February 3, 2022
Effective
May 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Navy (Navy) for the take of marine mammals incidental to construction activities at Naval Station Newport, in Newport, Rhode Island.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02164]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB764]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Navy Construction at Naval
Station Newport, Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter 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 a Letter of Authorization (LOA) has been issued to the U.S. Navy
(Navy) for the take of marine mammals incidental to construction
activities at Naval Station Newport, in Newport, Rhode Island.
DATES: LOA effective from May 15, 2022 through May 14, 2027.
ADDRESSES: The LOA and supporting documentation are available online
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island</a>.
In case of problems accessing these documents, please call the contact
listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Stephanie Egger, 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) 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 December 15, 2021, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to
construction activities (86 FR 71162). The Navy plans to conduct
construction activities for bulkhead replacement and repairs at Naval
Station Newport. This construction will include use of vibratory pile
driving and removal, and impact pile driving. The use of both vibratory
and impact pile driving is expected to produce underwater sound at
levels that have the potential to result in Level A and Level B
harassment of marine mammals.
Authorization
We have issued a LOA to Navy authorizing the take of marine mammals
incidental to 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 area 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 this LOA
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: January 28, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-02164 Filed 2-2-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 3, 2022.
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