Notice2022-18877
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine
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
September 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Navy (Navy) for authorization to take small numbers of marine mammals incidental to construction activities associated with the multifunctional expansion and modification of Dry Dock 1 at Portsmouth Naval Shipyard in Kittery, Maine over the course of 5 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53731-53732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18877]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC259]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard,
Kittery, Maine
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.
-----------------------------------------------------------------------
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 associated with the multifunctional expansion
and modification of Dry Dock 1 at Portsmouth Naval Shipyard in Kittery,
Maine over the course of 5 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 October
3, 2022.
ADDRESSES: Comments on the applications 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 <a href="/cdn-cgi/l/email-protection#69203d39471b0c07101d101a06070406061b0c2907060808470e061f"><span class="__cf_email__" data-cfemail="226b76720c50474c5b565b514d4c4f4d4d5047624c4d43430c454d54">[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
[[Page 53732]]
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/node/23111">https://www.fisheries.noaa.gov/node/23111</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: Reny Tyson Moore, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application 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
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
On May 9, 2022, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities related to the multifunctional expansion and
modification of Dry Dock 1 at Portsmouth Naval Shipyard in Kittery,
Maine. We provided comments on the application and the Navy submitted
revised versions and responses to our comments on July 5, 2022, August
15, 2022, August 19, 2022, and August 25, 2022. We determined the
application was adequate and complete on August 25, 2022. The requested
regulations would be valid for 5 years, from April 1, 2023 through
March 21, 2028. The Navy plans to conduct necessary work, including
impact and vibratory pile driving, hydraulic rock hammering, rotary
drilling, and mono and cluster down-the-hole drilling (DTH), to expand
and modify Dry Dock 1. The proposed action may incidentally expose
marine mammals occurring in the vicinity 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
Multifunctional Expansion of Dry Dock 1 (P-381) is one of three
projects that support the overall expansion and modification of Dry
Dock 1, located in the western extent of the Shipyard. The previous two
projects, construction of a super flood basin (P-310) and extension of
portal crane rail and utilities (P-1074) are currently under
construction. In-water work associated with these projects was
completed under separate IHAs issued by NMFS. The projects have been
phased to support Navy mission schedules. P-381 will be constructed
within the same footprint of the super flood basin over an approximated
7-year period, of which 5-years of in-water work would occur. An IHA
was issued by NMFS for the first year of P-381 construction activities
between April 1, 2022 and March 31, 2023 (87 FR 19866, April 6, 2022).
This Letters or Authorization (LOA) request is for the remaining 4
years of P-381 in-water construction activities occurring from April 1,
2023 through March 31, 2028 as well as for additional in-water
construction activities associated with the removal of emergency repair
components of the super flood basin that will occur during the LOA
period. Although the in-water construction described in this LOA
application is anticipated to be completed by December 2026, the LOA
application includes the full 5-year term through March 31, 2028 in the
event of unanticipated schedule delays. Construction activities will
include the excavation and/or installation of 1,118 holes, 180 shafts,
and 520 sheet piles via impact and vibratory pile driving, hydraulic
rock hammering, rotary drilling, and mono and cluster DTH. The
construction activities are expected to require approximately 2,037
days over the 5-year period; however, overlapping activities are
estimated to reduce the number of construction days to within 4 years.
Harbor porpoises (Phocoena phocoena), harbor seals (Phoca vitulina
vitulina), gray seals (Halichoerus grypus), hooded seals (Crystphora
cristata), and harp seals (Pagophilus groenlandicus) have been observed
in the proposed action area.
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 29, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-18877 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 1, 2022.
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.