Notice2022-22620
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel Project in Virginia
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
October 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Chesapeake Tunnel Joint Venture (CTJV) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Parallel Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia. These activities are nearly identical to those covered in the current authorization, and include a subset of the initial work. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 200 (Tuesday, October 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63037-63041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22620]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC413]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel
Project in Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization (IHA).
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Chesapeake Tunnel Joint Venture
(CTJV) for the renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to the Parallel
Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia. These
activities are nearly identical to those covered in the current
authorization, and include a subset of the initial work. Pursuant to
the Marine Mammal Protection Act, prior to issuing the currently active
IHA, NMFS requested comments on both the proposed IHA and the potential
for renewing the initial authorization if certain requirements were
satisfied. The renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than November
2, 2022.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#4e071a1e6006213a2d262527200e20212f2f60292138"><span class="__cf_email__" data-cfemail="9ed7caceb0d6f1eafdf6f5f7f0def0f1ffffb0f9f1e8">[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. Attachments to 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/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: Cara Hotchkin, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, renewal request, and supporting documents (including NMFS
Federal Register 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="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.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (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 issued or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
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 such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a renewal for this activity, and
requested public comment on a potential renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time 1-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 Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the
[[Page 63038]]
Description of the Specified Activities and Anticipated Impacts section
of the initial IHA issuance notice would not be completed by the time
the initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. 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 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> 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).
<bullet> 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.
3. 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.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any
comments received on the potential renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested renewal, and agency responses will be
summarized in the final notice of our decision.
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 an IHA)
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 IHA
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
IHA request.
History of Request
On November 16, 2021, NMFS issued an IHA to CJTV to take marine
mammals incidental to the Parallel Thimble Shoal Tunnel Project in
Virginia Beach, Virginia (86 FR 67024, November 24, 2021), effective
from November 16, 2021 through November 15, 2022. On August 24, 2022,
NMFS received an application for the renewal of that initial IHA. As
described in the application for renewal IHA, the activities for which
incidental take is requested are nearly identical to, and a subset of,
those covered in the initial authorization. The project has experienced
delays and a portion of the work covered in the initial IHA will not be
completed by the time it expires. As required, the applicant also
provided a preliminary monitoring report which confirms that the
applicant has implemented the required mitigation and monitoring, and
which also shows that no impacts of a scale or nature not previously
analyzed or authorized have occurred as a result of the activities
conducted.
Description of the Specified Activities and Anticipated Impacts
CTJV's planned activities include construction associated with the
PTST project. Specifically, the location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the initial IHA. The precise details of
the work planned under the renewal IHA are nearly identical to that
described in the initial IHA; the planned work includes a subset of the
initial activities, as well as some additional work that involves
additional piles of identical type and driving methods as initially
proposed. Details of the additional work are described below. The
project consists of the construction of a two-lane parallel tunnel to
the west of the existing Thimble Shoal Tunnel, connecting Portal
Islands Nos. 1 and 2 of the Chesapeake Bay Bridge Tunnel (CBBT)
facility which extends across the mouth of the Chesapeake Bay near
Virginia Beach, Virginia. The PTST project will address existing
constraints to regional mobility based on current traffic volume along
the facility. Planned construction associated with the initial IHA
included the driving of 764 piles over 252 days as shown below:
<bullet> 722 36-inch steel pipe piles;
<bullet> 42 42-inch steel pipe piles.
Of these planned activities, under the initial IHA CTJV installed a
total of 423 36-inch pipe piles and 26 42-inch pipe piles, a total of
449 piles. The remaining 16 42-inch piles have been eliminated from the
construction plan due to a change in design. This change includes the
use of 163 additional 36-inch piles instead of the originally requested
42-inch piles. Remaining piles will be installed using impact driving,
vibratory driving and drilling with down-the-hole (DTH) hammers. Some
piles will be removed via vibratory hammer. Accounting for work
conducted under the initial IHA and the design change resulting in an
increase in total piles, CTJV plans to drive 462 piles over an
estimated 206 days under this proposed renewal IHA.
The anticipated impacts are identical to those described in the
initial IHA. NMFS anticipates the take of the same five species of
marine mammal (harbor seal, gray seal, bottlenose dolphin, harbor
porpoise, and humpback whale) by Level A and Level B harassment
incidental to underwater noise resulting from construction associated
with the proposed activities.
The following documents are referenced in this notice and include
important supporting information:
<bullet> Initial final IHA (86 FR 67024, November 24, 2021);
<bullet> Initial proposed IHA (86 FR 56902, October 13, 2021); and
<bullet> 2021 IHA application, references cited, and previous
public comments received (available at www.fisheries.noaa.gov/national/
[[Page 63039]]
marine-mammal-protection/incidental-take-authorizations-construction-
activities).
Detailed Description of the Activity
The PTST project entails construction of a two lane parallel tunnel
to the west of the existing Thimble Shoal Tunnel. In-water pile driving
to create vessel moorings, temporary work trestles (Temporary dock on
Portal Island 1, Roadway Trestle on Portal Island 1 and 2 and Omega
Trestles on both Island to support Berm construction) and Support Of
Excavation (SOE) walls on both islands will take place during the
construction process. The 6,525 linear feet (ft.) (1,990 meters (m)) of
new tunnel will be constructed with a top of tunnel depth/elevation of
100 ft. (30.5m) below Mean Low Water (MLW) within the width of the
1,000-ft (305 m)-wide navigation channel. Remaining proposed in-water
activities to be covered under this Renewal include the following:
<bullet> Mooring Piles and Dolphins: 8 of 28 36-inch steel pipe
piles remain to be installed at Portal Island No. 1. 16 of 16 36-inch
steel pipe piles remain to be installed on Portal Island No. 2.
Installation will be by vibratory hammer with a bubble curtain.
<bullet> Two engineered berms: A project design change has
increased the number of piles installed on the East sides of both
Portal Islands. On Portal Island No. 1 (East side), three 36-inch pipe
piles remain to be installed. The number of 36-inch piles requested for
this section has changed from 107 to 163 due to the project design
change. On Portal Island No. 2 (East side), the number of requested 36-
inch piles has changed from 134 to 201; no piles have yet been
installed for this segment. There has been no change to the requested
number of piles for the West side of either Portal Island. On the West
side for Portal Island No. 1, 27 of 209 piles remain to be installed.
On Portal Island No. 2 (West side) 188 of 204 36-inch steel pipe piles
remain to be installed. Installation will be through impact and DTH
methods with a specialized bubble curtain (see initial IHA application
Appendix A).
<bullet> Two temporary Omega trestles: On Portal Island No. 1, all
piles have been installed under the initial IHA. On Portal Island No.
2, a project design change has increased the number of requested 36-
inch steel pipe piles from 24 to 37, and eliminated the need for 42-
inch pipe piles. Nineteen of 37 36-inch steel pipe piles remain to be
installed.
Some in-water construction activities would occur simultaneously. A
detailed description of the construction activities for which
authorization of take is proposed here may be found in the Federal
Register notice of proposed IHA for the 2021 authorization (86 FR
56902, October 13, 2021). Location, timing (e.g., seasonality), and
nature of the pile driving operations, including the type and size of
piles and the methods of pile driving, are identical to those analyzed
in the initial IHA. The proposed IHA Renewal would be effective for a
period of 1 year from the date of expiration of the initial IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice for the proposed IHA for the initial
authorization (86 FR 56902, October 13, 2021). Updated information
regarding stock abundance was provided in the Federal Register notice
announcing issuance of the initial IHA (86 FR 67024, November 24,
2021). NMFS has reviewed recent Stock Assessment Reports, information
on relevant Unusual Mortality Events, and other scientific literature.
The 2021 Stock Assessment Report states that estimated abundance has
decreased for the Western North Atlantic stock of harbor seals, from
75,834 (CV = 0.15) to 61,336 (CV = 0.08), based on an updated survey
done in 2018.NMFS has preliminarily determined that neither this nor
any other new information affects which species or stocks have the
potential to be affected or the pertinent information in the
Description of the Marine Mammals in the Area of Specified Activities
contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which the
authorization of take is proposed here may be found in the Notice of
the Proposed IHA (86 FR 56902, October 13, 2021) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notice for the proposed and final initial IHAs (86 FR 56902, October
13, 2021; 86 FR 67024, November 24, 2021). Specifically, the source
levels and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA. CTJV
conducted approximately 50 percent of the planned work and has replaced
all remaining 42-inch piles with additional 36-inch piles. The
approximate total number of operational days for this proposed renewal
IHA is lower than the initial IHA. However, because the take numbers
developed for most species for which take is proposed for authorization
involve qualitative elements and because the reduction in total days
would not result in a substantive decrease in the take number for
bottlenose dolphin (i.e., the only species for which a density-based
approach to estimating take is used), we carry forward the take numbers
unchanged for this proposed renewal IHA. The stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA, as do the number of takes, which are indicated below in Table 1.
Table 1--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected
----------------------------------------------------------------------------------------------------------------
Species Stock Level A takes Level B takes
----------------------------------------------------------------------------------------------------------------
Humpback whale................................ Gulf of Maine................... .............. 12
Harbor porpoise............................... Gulf of Maine/Bay of Fundy...... 5 7
Bottlenose dolphin............................ WNA \1\ Coastal, Northern .............. 43,203
Migratory.
WNA Coastal, Southern Migratory. .............. 43,203
NNCES \2\....................... .............. 250
Harbor seal................................... Western North Atlantic.......... 1,154 1,730
[[Page 63040]]
Gray seal..................................... Western North Atlantic.......... 16 24
----------------------------------------------------------------------------------------------------------------
\1\ Western North Atlantic;
\2\ Northern North Carolina Estuarine System.
Preliminary monitoring data from November 16, 2021 to August 1,
2022 indicate that significantly fewer animals than predicted have been
observed at the PTST location. Table 2 indicates the number of animals
of each species sighted and the number recorded within the respective
estimated harassment zones.
Table 2--Sightings and Recorded Takes by Level A and Level B Harassment Between November 16, 2021 and August 1,
2022
----------------------------------------------------------------------------------------------------------------
Total Within Level A Within Level B
sightings zone zone
----------------------------------------------------------------------------------------------------------------
Humpback whale.................................................. 2 0 0
Harbor porpoise................................................. 0 0 0
Bottlenose dolphin.............................................. 419 0 166
Harbor seal..................................................... 11 0 4
Gray seal....................................................... 0 0 0
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (86 FR 67024, November 24, 2021), and the discussion of the
least practicable adverse impact included in that document remains
accurate. The following measures are proposed for this renewal:
<bullet> Avoid direct physical interaction with marine mammals
during construction activity. If a marine mammal comes within 10 m of
such activity, operations must cease and vessels must reduce speed to
the minimum level required to maintain steerage and safe working
conditions;
<bullet> Conduct training between construction supervisors and
crews and the marine mammal monitoring team and relevant CTJV staff
prior to the start of all pile driving and DTH activity and when new
personnel join the work, so that responsibilities, communication
procedures, monitoring protocols, and operational procedures are
clearly understood;
<bullet> Pile driving activity must be halted upon observation of
either a species for which incidental take is not authorized or a
species for which incidental take has been authorized but the
authorized number of takes has been met, entering or within the
harassment zone;
<bullet> CTJV will establish and implement the shutdown zones
indicated in Table 3. 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). Shutdown zones typically vary based on the activity
type and marine mammal hearing group;
<bullet> Employ Protected Species Observers (PSOs) and establish
monitoring locations as described in the Marine Mammal Monitoring Plan
and Section 5 of the initial IHA. The Holder must monitor the project
area to the maximum extent possible based on the required number of
PSOs, required monitoring locations, and environmental conditions. For
all pile driving and removal, at least one PSO must be used. The PSO
will be stationed as close to the activity as possible;
<bullet> The placement of the PSOs during all pile driving and
removal and DTH activities will ensure that the entire shutdown zone is
visible during pile installation. Should environmental conditions
deteriorate such that marine mammals within the entire shutdown zone
will not be visible (e.g., fog, heavy rain), pile driving and removal
must be delayed until the PSO is confident marine mammals within the
shutdown zone could be detected;
<bullet> Monitoring must take place from 30 minutes prior to
initiation of pile driving activity through 30 minutes post-completion
of pile driving activity. Pre-start clearance monitoring must be
conducted during periods of visibility sufficient for the lead PSO to
determine the shutdown zones clear of marine mammals. Pile driving may
commence following 30 minutes of observation when the determination is
made;
<bullet> If pile driving is delayed or halted due to the presence
of a marine mammal, the activity may not commence or resume until
either the animal has voluntarily exited and been visually confirmed
beyond the shutdown zone or 15 minutes have passed without re-detection
of the animal;
<bullet> CTJV must use soft start techniques when impact pile
driving. Soft start requires contractors to provide an initial set of
three strikes at reduced energy, followed by a 30-second waiting
period, then two subsequent reduced-energy strike sets. A soft start
must be implemented at the start of each day's impact pile driving and
at any time following cessation of impact pile driving for a period of
30 minutes or longer; and
<bullet> Use a bubble curtain during impact and vibratory pile
driving and DTH in water depths greater than 3 m and ensure that it is
operated as necessary to achieve optimal performance, and that no
reduction in performance may be attributable to faulty deployment. At a
minimum, CTJV must adhere to the following performance standards: The
bubble curtain must distribute air bubbles around 100 percent of the
piling circumference for the full depth of the water column. The lowest
bubble ring must be in contact with the substrate for the full
circumference of the ring, and the weights attached to the bottom ring
shall ensure 100 percent substrate contact. No parts of the ring or
other objects shall prevent full substrate contact. Airflow to the
bubblers must be balanced around the circumference of
[[Page 63041]]
the pile. For work with interlocking pipe piles for the berm
construction a special three-sided bubble curtain will be used (see
initial IHA Application Appendix A).
Table 3--Shutdown Zones (Meters) for Each Method
----------------------------------------------------------------------------------------------------------------
High-
Method and piles/day Low-frequency Mid-frequency frequency Phocids
cetaceans cetaceans cetaceans
----------------------------------------------------------------------------------------------------------------
DTH (3/day)..................................... 1230 50 200 150
DTH (6/day)..................................... 1950 70 200 150
Impact (4/day).................................. 1010 40 200 150
Impact (6/day).................................. 1320 50 200 150
Vibratory (4/day)............................... 20 10 20 10
---------------------------------------------------------------
Impact + DTH.................................... Use zones for each source alone
----------------------------------------------------------------------------------------------------------------
DTH + Vibratory................................. 1230 50 200 150
Impact + Vibratory.............................. 1320 50 200 150
Impact + DTH + DTH.............................. 1320 50 200 150
DTH + DTH+ Vibratory............................ 1950 70 200 1050
DTH + Vibratory + Impact........................ 1320 50 200 710
---------------------------------------------------------------
Impact + Impact + DTH........................... Use zones for each source alone
----------------------------------------------------------------------------------------------------------------
Public Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (86
FR 56902, October 13, 2021) and solicited public comments on both our
proposal to issue the initial IHA for CTJV's construction activities
and on the potential for a renewal IHA, should certain requirements be
met.
A single public comment was received and addressed in the notice
announcing the issuance of the initial IHA (86 FR 67024, 24 November
2021) and did not specifically pertain to the renewal of the 2021 IHA.
Preliminary Determinations
The construction activities proposed by CTJV are nearly identical
to those analyzed in the initial IHA, as are the method of taking and
the effects of the action. The planned number of days of activity will
be reduced given the completion of a substantial portion (approximately
50 percent) of the originally planned work. Additionally, the work at
Portal Island No. 1 is nearly complete, with an estimated 11 days of
work remaining. This significantly reduces the likelihood of three
drills operating concurrently for the duration of the Renewal period,
thus reducing the number of days where the largest impact zones would
be present. The potential effects of CTJV's activities are limited to
Level A and Level B harassment in the form of auditory injury and
behavioral disturbance. In analyzing the effects of the activities in
the initial IHA, NMFS determined that CTJV's activities would have a
negligible impact on the affected species or stocks and that the
authorized take numbers of each species or stock were small relative to
the relevant stocks (e.g., less than one-third of the abundance of all
stocks). The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) CTJV'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
Section 7(a)(2) of the 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. To ensure ESA
compliance for the issuance of IHAs, NMFS consults internally whenever
we propose to authorize take for endangered or threatened species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to CTJV for conducting pile driving activities at
the Thimble Shoal Tunnel in Virginia Beach, Virginia between 16
November 2022 and 15 November 2023, provided the previously described
mitigation, monitoring, and reporting requirements are incorporated. A
draft of the proposed and final initial IHA 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>. We request comment on our analyses, the
proposed renewal IHA, and any other aspect of this notice. Please
include with your comments any supporting data or literature citations
to help inform our final decision on the request for MMPA
authorization.
Dated: October 13, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-22620 Filed 10-17-22; 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 October 18, 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.