Notice2022-14955
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon
Primary source
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Published
July 13, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the U.S. Army Corps of Engineers (USACE) for the reissuance of their two previously issued IHAs to take marine mammals incidental to in-water construction activities associated with the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon. The IHAs were initially issued on January 3, 2020, with the first IHA (Year 1) effective from September 1, 2020 through August 31, 2021 and the second IHA (Year 2) effective from July 1, 2022 through June 30, 2023. The project has been delayed and none of the work covered in the IHAs has been conducted. NMFS is proposing to reissue the IHAs with the Year 1 IHA effective from September 1, 2022 through August 31, 2023 and the Year 2 IHA effective from March 1, 2024 through February 28, 2025. 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 IHAs. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to reissue the two IHAs to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, one-year renewal of each IHA that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41665-41670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14955]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC131]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the North Jetty Maintenance and
Repairs Project in Coos Bay, Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of two Incidental Harassment
Authorizations (IHAs); request for comments.
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SUMMARY: NMFS received a request from the U.S. Army Corps of Engineers
(USACE) for the reissuance of their two previously issued IHAs to take
marine mammals incidental to in-water construction activities
associated with the North Jetty Maintenance and Repairs Project in Coos
Bay, Oregon. The IHAs were initially issued on January 3, 2020,
[[Page 41666]]
with the first IHA (Year 1) effective from September 1, 2020 through
August 31, 2021 and the second IHA (Year 2) effective from July 1, 2022
through June 30, 2023. The project has been delayed and none of the
work covered in the IHAs has been conducted. NMFS is proposing to
reissue the IHAs with the Year 1 IHA effective from September 1, 2022
through August 31, 2023 and the Year 2 IHA effective from March 1, 2024
through February 28, 2025. 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 IHAs. Pursuant to the Marine Mammal Protection
Act (MMPA), NMFS is requesting comments on its proposal to reissue the
two IHAs to incidentally take marine mammals during the specified
activities. NMFS is also requesting comments on a possible one-time,
one-year renewal of each IHA that could be issued under certain
circumstances and if all requirements are met, as described in Request
for Public Comments at the end of this notice. NMFS will consider
public comments prior to making any final decision on the issuance of
the requested MMPA authorizations and agency responses will be
summarized in the final notice of our decision.
DATES: Comments and information must be received no later than August
12, 2022.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email to <a href="/cdn-cgi/l/email-protection#135a47433d557c647f7661537d7c72723d747c65"><span class="__cf_email__" data-cfemail="e2abb6b2cca48d958e8790a28c8d8383cc858d94">[email protected]</span></a>.
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. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> 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: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS FR notices of the
original proposed and final authorizations, and the previous IHA), as
well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 proposed or, if the taking is limited to harassment, a notice of a
proposed incidental harassment authorization is provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
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 (i.e., the issuance of IHAs) with
respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 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. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHAs
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHAs request.
History of Request
On March 18, 2019, NMFS received a request from USACE for two IHAs
to take 7 species of marine mammals, by Level B harassment only,
incidental to vibratory pile driving and removal associated with the
North Jetty Maintenance and Repairs Project in Coos Bay, Oregon over
the course of two years with pile installation occurring during Year 1
and pile removal occurring during Year 2. The application was deemed
adequate and complete on September 10, 2019. Neither USACE nor NMFS
expects injury, serious injury or mortality to result from this
activity and, therefore, IHAs are appropriate. On January 3, 2020, NMFS
issued the two IHAs to the USACE (85 FR 1140; January 9, 2020). The
Year 1 IHA was effective from September 1, 2020 through August 31, 2021
and the Year 2 IHA was effective July 1, 2022 through June 30, 2023.
On February 20, 2021, the USACE notified NMFS that the project had
been delayed and none of the work identified in the year 1 IHA (e.g.,
pile installation) had occurred. On May 4, 2021, NMFS reissued the Year
1 IHA, effective September 1, 2021 through August 31, 2022 (86 FR
24850; May 10, 2021).
On February 23, 2022, the USACE notified NMFS that the project had
been further delayed and work had still not commenced. The USACE
submitted an application for both IHAs to be reissued, with the Year 1
IHA effective from September 1, 2022 through August 31, 2023 and the
Year 2 IHA effective from March 1, 2024 through February 28, 2025. NMFS
has preliminarily determined that the USACE's proposed activities
(including mitigation, monitoring, and reporting), estimated incidental
take, and anticipated impacts on the affected stocks are the same as
those analyzed and authorized in the
[[Page 41667]]
initial IHAs. However, since the initial IHAs were issued several years
ago, NMFS is requesting comments or additional information that may
further inform our proposal to reissue the two IHAs to the USACE.
Description of the Proposed Activity and Anticipated Impacts
The reissued IHAs would include the same in-water construction
activities (i.e., vibratory pile installation and removal) in the same
locations that were described in the initial IHAs. The mitigation,
monitoring, and reporting measures would remain the same as prescribed
in the initial IHAs. NMFS refers the reader to the documents related to
the initial IHAs issued on January 3, 2020 (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs</a>) for more detailed
descriptions of the project activities. Other relevant documents
include the Federal Register notice of proposed IHAs and request for
comments (84 FR 56781; October 23, 2019), notice of issued IHAs (85 FR
1140; January 9, 2020), and notice of reissued Year 1 IHA (86 FR 24850;
May 10, 2021).
Detailed Description of the Action
A detailed description of the USACE's proposed construction
activities is found in these previous documents. The location, time of
year, and nature of the activities, including the types of piles and
methods of installation and removal, are identical to those described
in the previous documents.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to these
reissued IHAs as well. In addition, NMFS has review the draft 2021
Stock Assessment Reports (SARs; Carretta et al., 2021; Muto et al.,
2021), information on relevant Unusual Mortality Events, and recent
scientific literature, and determined that no new information affects
our original analysis of impacts under the initial IHAs. The estimated
abundances of the California Breeding stock of northern elephant seals
(Mirounga angustirostris), the Northern California/Southern Oregon
stock of harbor porpoises (Phocoena phocoena), the West Coast Transient
stock of killer whales (Orcinus orca), and the Eastern U.S. stock of
Steller sea lions (Eumetopias jubatus) in the 2021 draft SARs have all
increased from the numbers presented in the Federal Register notices
for the initial IHAs (84 FR 56781, October 23, 2019; 85 FR 1140,
January 9, 2020).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat is found in the documents
supporting the initial IHAs, which remains applicable to the proposed
reissuance of the IHAs. There is no new information on potential
effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activities are found in the notice of issuance
of the initial IHAs (85 FR 1140; January 9, 2020). The methods of
estimating take for the proposed reissued IHAs are identical to those
used in the initial IHAs. The source levels, days of operation, and
marine mammal density remain unchanged from the previously issued IHAs.
Regarding proposed authorized take, the stocks taken, types of take,
and methods of taking remain unchanged from the previously issued IHAs,
as do the number of takes, which are indicated below.
Table 1--Proposed Take by Level B Harassment and as a Percentage of Stock Abundance in Each Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Level B Level B Level B Total take by Level B Total take by Level B
harassment AZ harassment 30- harassment AZ harassment 30- harassment (percent of harassment (percent of
sheets (or H- inch piles sheets (or H- inch piles stock) stock)
Marine mammal piles) ---------------- piles) ------------------------------------------------------------------
---------------- ----------------
YR-1 YR-1 YR-2 removal YR-1 installation YR-2 removal
installation installation YR-2 removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina)......... 1,169 1,169 1,169 1,169 2,238 (9.45 percent).... 2,238 (9.45 percent).
Northern Elephant seal (Mirounga 7 7 7 7 14 (<0.01 percent)...... 14 (<0.01 percent).
angustirostris).
Steller sea lion (Eumetopias jubatus) 14 14 14 14 28 (0.06 percent)....... 28 (0.06 percent).
California sea lion (Zalophus 21 21 21 21 42 (0.02 percent)....... 42 (0.02 percent).
californianus).
Gray whale (Eschrichtius robustus)... 1 1 1 1 2 (<0.01 percent)....... 2 (<0.01 percent).
----------------------------------------------------------------
Killer whale (Orcinus orca).......... 2
2 2 (0.57 2 (0.57
percent) percent).
----------------------------------------------------------------
Harbor porpoise (Phocoena phocoena).. 2 2 2 2 4 (0.02 percent)........ 4 (0.02 percent).
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Description of Proposed Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures proposed here
are identical to those included in the Federal Register notice
announcing the issuance of the initial IHAs (85 FR 1140; January 9,
2020) and the discussion of the least practicable adverse impact
included in that document remains accurate. Unless otherwise stated,
the following measures are proposed for inclusion in both IHAs:
Timing Restrictions
All work would be conducted during daylight hours. If poor
environmental conditions restrict visibility full visibility of the
shutdown zone, pile installation would be delayed.
Shutdown Zone for In-Water Heavy Machinery Work
For in-water heavy machinery work other than pile driving, if a
marine mammal comes within 10 m of such operations, operations would
cease and vessels would reduce speed to the minimum level required to
maintain steerage and safe working conditions.
Shutdown Zones
For all pile driving/removal activities, the USACE would establish
shutdown zones for a marine mammal species that is greater than its
corresponding Level A harassment zone. To be conservative, the USACE
would implement one cetacean shutdown zone (55 meters (m)) and one
pinniped shutdown zone (25 m) during any pile driving/removal activity
(i.e., during sheet piles, H-piles, and 30-in steel pile installation
and removal) (Table 2) which exceeds the
[[Page 41668]]
maximum calculated PTS isopleths as described in Table 7 of the Federal
Register notice announcing the issuance of the initial IHAs (85 FR
1140; January 9, 2020). The purpose of a shutdown zone is generally to
define an area within which shutdown of the activity would occur upon
sighting of a marine mammal (or in anticipation of an animal entering
the defined area).
Table 2--Pile Driving Shutdown Zones During Project Activities
----------------------------------------------------------------------------------------------------------------
Shutdown zones (radial distance in m, area in square kilometers (km\2\ *))
-------------------------------------------------------------------------------
Activity High-
Low- frequency Mid- frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans
----------------------------------------------------------------------------------------------------------------
In-Water Construction Activities
----------------------------------------------------------------------------------------------------------------
Heavy machinery work (other than 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015)
pile driving)..................
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving/Removal
----------------------------------------------------------------------------------------------------------------
12-in H pile steel installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
----------------------------------------------------------------------------------------------------------------
24-in sheet pile installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
30-in pile installation/removal. 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
----------------------------------------------------------------------------------------------------------------
* Note: km \2\ were divided by two to account for land.
Non-Authorized Take Prohibited
If a species enters or approaches the Level B harassment zone and
that species is either not authorized for take or its authorized takes
are met, pile driving and removal activities would shut down
immediately using delay and shutdown procedures. Activities would not
resume until the animal has been confirmed to have left the area or an
observation time period of 15 minutes has elapsed for pinnipeds and
small cetaceans and 30 minutes for large whales.
Pre-Activity Monitoring
Prior to the start of daily in-water construction activity, or
whenever a break in pile driving of 30 min or longer occurs, protected
species observers (PSOs) would observe the shutdown and monitoring
zones for a period of 30 minutes. The shutdown zone would be cleared
when a marine mammal has not been observed within the zone for that 30-
minute period. If a marine mammal is observed within the shutdown zone,
pile driving activities would not begin until the animal has left the
shutdown zone or has not been observed for 15 min. If the Level B
Harassment Monitoring Zone has been observed for 30 min and no marine
mammals (for which take has not been authorized) are present within the
zone, work would continue even if visibility becomes impaired within
the Monitoring Zone. If a marine mammal for which take has been
permitted is present in the Monitoring zone, piling activities would
begin and Level B harassment take will be recorded.
Monitoring Zones
The USACE would establish and observe monitoring zones for Level B
harassment. The monitoring zones for this project are areas where SPLs
are equal to or exceed 120 dB rms (for vibratory pile driving/removal).
For vibratory installation and removal of 12-inch H piles, the Level B
harassment zone and monitoring zone would be 1,000 m. For vibratory
installation and removal of 24-inch steel sheet piles, the Level B
harassment zone and monitoring zone would be 4,642 m. For vibratory
installation and removal of 30-inch steel pipe piles, the Level B
harassment zone and monitoring zone would be 8,577 m. These zones
provide utility for monitoring conducted for mitigation purposes (i.e.,
shutdown zone monitoring) by establishing monitoring protocols for
areas adjacent to the shutdown zones. Monitoring of the Level B
harassment zones enables observers to be aware of and communicate the
presence of marine mammals in the project area, and thus prepare for
potential shutdowns of activity. The USACE would also gather
information to help better understand the impacts of their planned
activities on species and their behavioral responses.
Visual Monitoring
Monitoring would be conducted 30 minutes before, during, and 30
minutes after all pile driving/removal activities. In addition, PSOs
would record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being driven/removed. Pile driving/
removal activities include the time to install, remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than thirty minutes.
Monitoring would be conducted by PSOs from on land and boat. The
number of PSOs would vary from one to three, depending on the type of
pile driving, method of pile driving and size of pile, all of which
determines the size of the harassment zones. Monitoring locations would
be selected to provide an unobstructed view of all water within the
shutdown zone and as much of the Level B harassment zone as possible
for pile driving activities. During vibratory driving or removal of
sheet or H-piles, two PSOs would be present. One PSO would be located
on the shoreline adjacent to the Material Off-loading Facility (MOF)
site or on the barge used for driving piles. The other PSO would be
boat-based and detect animals in the water, along with monitoring the
three haulout sites in the Level B harassment zone (i.e., Pigeon Point,
Clam Island/North Spit, and South Slough). During vibratory driving and
removal of 30-inch steel pipe piles, three PSOs would be present. As
indicated above, one PSO would be on the shoreline or barge adjacent to
the MOF site. A second PSO would be stationed near the South Slough
haul out site, and the third PSO would be boat-based and make
observations while actively monitoring at and between the two remaining
haulout sites (i.e., Pigeon Point and Clam Island).
In addition, PSOs would work in shifts lasting no longer than 4
hours with at least a 1-hour break between shifts, and would not
perform duties as
[[Page 41669]]
a PSO for more than 12 hours in a 24-hour period (to reduce PSO
fatigue).
Monitoring of pile driving would be conducted by qualified, NMFS-
approved PSOs, who would have no other assigned tasks during monitoring
periods. The USACE would adhere to the following conditions when
selecting PSOs:
[ssquf] Independent PSOs must be used (i.e., not construction
personnel);
[ssquf] At least one PSO must have prior experience working as a
marine mammal observer during construction activities;
[ssquf] Other PSOs may substitute education (degree in biological
science or related field) or training for experience;
[ssquf] Where a team of three or more PSOs are required, a lead
observer or monitoring coordinator would be designated. The lead
observer must have prior experience working as a marine mammal observer
during construction; and
[ssquf] The USACE would submit PSO CVs for approval by NMFS for all
observers prior to monitoring.
The USACE would ensure that the PSOs have the following additional
qualifications:
[ssquf] Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
[ssquf] Experience and ability to conduct field observations and
collect data according to assigned protocols;
[ssquf] Experience or training in the field identification of
marine mammals, including the identification of behaviors;
[ssquf] Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
[ssquf] Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior;
[ssquf] Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary; and
[ssquf] Sufficient training, orientation, or experience with the
construction operations to provide for personal safety during
observations.
Reporting of Injured or Dead Marine Mammals
In the unanticipated event that the planned activity clearly causes
the take of a marine mammal in a manner prohibited by the IHA, such as
serious injury, or mortality, the USACE would immediately cease the
specified activities and report the incident to the NMFS Office of
Protected Resources and the West Coast Region Stranding Coordinator.
The report would include the following information:
[ssquf] Time and date of the incident;
[ssquf] Description of the incident;
[ssquf] Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
[ssquf] Description of all marine mammal observations and active
sound source use in the 24 hours preceding the incident;
[ssquf] Species identification or description of the animal(s)
involved;
[ssquf] Fate of the animal(s); and
[ssquf] Photographs or video footage of the animal(s).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with USACE to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. The USACE would not
resume their activities until notified by NMFS.
In the event the USACE discovers an injured or dead marine mammal,
and the lead observer determines that the cause of the injury or death
is unknown and the death is relatively recent (e.g., in less than a
moderate state of decomposition), the USACE would immediately report
the incident to the Office of Protected Resources, NMFS, and the West
Coast Region Stranding Coordinator, NMFS. The report would include the
same information as the bullets described above. Activities would
continue while NMFS reviews the circumstances of the incident. NMFS
would work with the USACE to determine whether additional mitigation
measures or modifications to the activities are appropriate.
In the event that the USACE discovers an injured or dead marine
mammal, and the lead observer determines that the injury or death is
not associated with or related to the specified activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), the USACE would report the
incident to the Office of Protected Resources, NMFS, and the West Coast
Region Stranding Coordinator, NMFS, within 24 hours of the discovery.
Final Report
The USACE would submit a draft report to NMFS no later than 90 days
following the end of construction activities or 60 days prior to the
issuance of any subsequent IHA for the project. PSO datasheets/raw
sightings data would be required to be submitted with the reports. The
USACE would provide a final report within 30 days following resolution
of NMFS' comments on the draft report. Reports would contain, at
minimum, the following:
[ssquf] Date and time that monitored activity begins and ends for
each day conducted (monitoring period);
[ssquf] Construction activities occurring during each daily
observation period, including how many and what type of piles driven;
[ssquf] Deviation from initial proposal in pile numbers, pile
types, average driving times, etc.;
[ssquf] Weather parameters in each monitoring period (e.g., wind
speed, percent cloud cover, visibility);
[ssquf] Water conditions in each monitoring period (e.g., sea
state, tide state);
[ssquf] For each marine mammal sighting: species, numbers, and, if
possible, sex and age class of marine mammals; number of individuals of
each species (differentiated by month as appropriate) detected within
the monitoring zones, and estimates of number of marine mammals taken,
by species (a correction factor may be applied to total take numbers,
as appropriate); description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity; type of construction activity that was taking
place at the time of sighting; location and distance from pile driving
activities to marine mammals and distance from the marine mammals to
the observation point; and if shutdown was implemented, behavioral
reactions noted and if they occurred before or after shutdown.
[ssquf] Description of implementation of mitigation measures within
each monitoring period (e.g., shutdown or delay);
[ssquf] Other human activity in the area within each monitoring
period; and
[ssquf] A summary of the following: total number of individuals of
each species detected within the Level B Harassment Zone, and estimated
as taken if correction factor appropriate (Level B harassment takes
must be extrapolated based upon the number of observed takes and the
percentage of the Level B Harassment Zone that was not visible);
[[Page 41670]]
total number of individuals of each species detected within the Level A
Harassment Zone and the average amount of time that they remained in
that zone; and daily average number of individuals of each species
(differentiated by month as appropriate) detected within the Level B
Harassment Zone, and estimated as taken, if appropriate.
Preliminary Determinations
The USACE's proposed in-water construction activities as well as
the proposed mitigation, monitoring, and reporting requirements are
unchanged from those in the initial Year 1 and Year 2 IHAs. The
anticipated effects of the activities on the affected species and
stocks and the estimated take of each species and stock also remain
unchanged. When issuing the initial IHAs, NMFS found that each year of
the Coos Bay North Jetty Maintenance and Repairs Project would have a
negligible impact to species or stocks' rates of recruitment and
survival and the amount of taking would be small relative to the
population size of such species or stock (less than 10 percent). In
conclusion, 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 preliminarily determined the following for each
IHA: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the proposed authorized takes will have a negligible
impact on the affected marine mammal species or stocks; (3) the
proposed authorized takes represent small numbers of marine mammals
relative to the affected stock abundances; (4) the USACE'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; and (5) appropriate monitoring and reporting
requirements are included.
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. No take of ESA-listed marine mammals are authorized.
Therefore, NMFS has determined that consultation under section 7 of the
ESA is not required for this action.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue two IHAs to the USACE for conducting the North Jetty Maintenance
and Repairs Project in Coos Bay, Oregon over the course of two non-
consecutive years, beginning September 2022 through February 2025, with
the previously mentioned mitigation, monitoring, and reporting
requirements incorporated. A draft of the proposed IHAs can be found at
<a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the initial IHAs), the proposed
authorizations, and any other aspect of this Notice of Proposed IHAs
for the proposed North Jetty Maintenance and Repairs Project. We also
request comment on the potential for renewal of this proposed IHA as
described in the paragraph below. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
On a case-by-case basis, NMFS may issue a one-time, one-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical or
nearly identical activities as described in the Description of Proposed
Activities and Anticipated Impacts section of this notice is planned or
(2) the activities as described in the Description of Proposed
Activities and Anticipated Impacts section of this notice would not be
completed by the time the IHA expires and a renewal would allow for
completion of the activities beyond that described in this notice,
provided all of the following conditions are met:
<bullet> A request for renewal is received no later than 60 days
prior to the needed renewal IHA effective date (recognizing that the
renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
<bullet> The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
Upon review of the request for renewal, the status of the affected
species or stocks, and any other pertinent information, NMFS determines
that there are no more than minor changes in the activities, the
mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: July 8, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-14955 Filed 7-12-22; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.