Notice2022-16745
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Naval Magazine Indian Island Ammunition Wharf Maintenance and Pile Replacement Project
Primary source
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Published
August 4, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the United States Department of the Navy (Navy) for authorization to take marine mammals incidental to replacement and maintenance of the Ammunition Wharf marine structure at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington, over the course of five years. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47722-47723]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16745]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB497]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Naval Magazine Indian Island Ammunition Wharf
Maintenance and Pile Replacement Project
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 United States Department
of the Navy (Navy) for authorization to take marine mammals incidental
to replacement and maintenance of the Ammunition Wharf marine structure
at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington,
over the course of five years. 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
September 6, 2022.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and should be sent to
<a href="/cdn-cgi/l/email-protection#c58c9195eb95a4b0a9acaba085abaaa4a4eba2aab3"><span class="__cf_email__" data-cfemail="5b120f0b750b3a2e3732353e1b35343a3a753c342d">[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 received electronically, 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="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</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: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
Electronic copies of the Navy's application and separate monitoring
plan may be obtained online at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">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.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct
[[Page 47723]]
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 May 14, 2021, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction related to replacement and maintenance activities at the
Ammunition Wharf marine structure at NAVMAG Indian Island. NMFS sent
initial questions regarding the application to the Navy on October 5,
2021. The Navy addressed the questions and submitted a revised Letter
of Authorization (LOA) application on March 24, 2022. After additional
questions were sent by NMFS the Navy submitted another revised
application on June 12, 2022. The requested regulations would be valid
for 5 years, from October 1, 2023 through September 30, 2028. The Navy
plans to conduct necessary work, including impact and vibratory pile
driving, to replace and maintain the wharf structure. The proposed
action may incidentally expose marine mammals occurring in the vicinity
of in-water construction activities to elevated levels of underwater
sound, thereby resulting in incidental take, by Level A and Level B
harassment. Therefore, the Navy requests authorization to incidentally
take marine mammals.
Specified Activities
Maintaining the structural integrity of the Ammunition Wharf is
vital to sustaining the Navy's mission and ensuring military readiness.
The Navy proposes to replace up to 118 structural concrete piles or
fender piles, conduct maintenance, and repair activities over a 7-year
period on the Ammunition Wharf at NAVMAG Indian Island. Under the 5-
year LOA, up to 110 structurally unsound structural piles or fender
piles would be replaced. Structural concrete piles would be replaced
with 24-in concrete piles or old fender piles would be replaced with
14-in steel H piles or 18.75-in composite piles. Up to eight steel
piles may also be installed in addition to the structural concrete
piles if necessary. To minimize underwater noise impacts on marine
species, water jetting would be primary method to install concrete
piles and vibratory pile driving would be the primary method to install
steel piles. An impact hammer may be used if substrate conditions
prevent the advancement of piles to the required depth or to verify the
load-bearing capacity for both concrete and steel piles. An air bubble
curtain or other noise attenuating device would be used to reduce noise
levels during impact driving of 36-in steel piles but would not be used
for concrete piles. All pile driving will be conducted during the
prescribed in-water work window for the NAVMAG Indian Island facility
(October 1 to January 15). Activity occurring during the 2 years
following the 5 year LOA would consist only of removal and installation
of concrete piles, and maintenance and repair work, with no steel pile
installation. Additional incidental take authorizations will be
requested as needed for these 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: August 1, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-16745 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-22-P
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