Notice2022-21894
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia
Primary source
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Published
October 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Navy for authorization to take small numbers of marine mammals incidental to construction activities associated with the replacement of Pier 3 at Naval Station Norfolk 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
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<title>Federal Register, Volume 87 Issue 194 (Friday, October 7, 2022)</title>
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[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60998-60999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21894]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC107]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Naval Station Norfolk in
Norfolk, Virginia
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 U.S. Navy for
authorization to take small numbers of marine mammals incidental to
construction activities associated with the replacement of Pier 3 at
Naval Station Norfolk 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 November
7, 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#6f263b3f412c001d0c001d0e012f01000e0e41080019"><span class="__cf_email__" data-cfemail="2c65787c026f435e4f435e4d426c42434d4d024b435a">[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. 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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://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: Kim Corcoran, 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
[[Page 60999]]
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 April 8, 2022, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities related to demolition and construction
activities associated with the replacement of Pier 3 at Naval Station
Norfolk. Following NMFS' review of the application, the Navy provided
responses to our questions on June 3, 2022 and August 29, 2022. A
revised version of the application was submitted on September 22, 2022
and the application was deemed adequate and complete on September 26,
2022. The requested regulations would be valid for 5 years, from April
1, 2023 through March 31, 2028. The Navy plans to conduct necessary
work, including vibratory pile driving and removal, impact pile
driving, and drilling, to demolish the existing Pier 3 and Pier 3T,
replace a portion of the fender system at Pier 4, and construct the new
Pier 3, two new wharfs/relieving platforms and a new portion of a
bulkhead fender system. The proposed action may incidentally expose
marine mammals occurring in the vicinity to elevated levels of
underwater sound, potentially resulting in incidental take, by Level A
and Level B harassment. Therefore, the Navy requests authorization to
incidentally take marine mammals.
Specified Activities
The Navy is proposing to construct a new Pier 3 immediately north
of the existing Pier 3 and align it with new bulkhead of CEP-176 wharf,
providing a continuous berthing structure along the north side of a new
submarine pier/wharf structure. The entire project scope includes
construction of the new Pier 3, construction of a new wharf at CEP-176,
construction of new wharf/relieving platform at CEP-102, demolition of
Pier 3T, replacement of a portion of fender system at Pier 4, and
construction of a new portion of fender system at CEP-175 bulkhead. The
Navy expects construction will require approximately 513 in-water
workdays over the 5 year period. Five species of marine mammals are
known to occur in the area and have the potential to be taken by the
Navy's 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: October 4, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-21894 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-22-P
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