Notice2022-23311
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Floating Dry Dock Project at Naval Base San Diego in San Diego, California
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 26, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal IHA to the U.S. Navy (Navy) to incidentally harass marine mammals incidental to the Floating Dry Dock Project at Naval Base San Diego in San Diego, California.
Full Text
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<title>Federal Register, Volume 87 Issue 206 (Wednesday, October 26, 2022)</title>
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[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Notices]
[Pages 64766-64772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23311]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC457]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Floating Dry Dock Project at Naval
Base San Diego in San Diego, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment authorization
(IHA).
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal IHA to the U.S. Navy (Navy) to
incidentally harass marine mammals incidental to the Floating Dry Dock
Project at Naval Base San Diego in San Diego, California.
DATES: This renewal IHA is valid from October 19, 2022 through
September 14, 2023.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, 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="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>. 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 proposed or, if the taking is limited to
harassment, a notice of a proposed incidental take 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 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 one 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 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, 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 Detailed Description of Specified Activities 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 initial
IHA issuance, 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
[[Page 64767]]
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>.
History of Request
On May 27, 2020, NMFS issued an IHA to the Navy to take marine
mammals incidental to in-water construction associated with the
Floating Dry Dock Project at Naval Base San Diego in San Diego,
California (85 FR 33129; June 1, 2020), effective from September 15,
2020 through September 14, 2021 (hereafter referred to as the 2020
IHA). On July 12, 2021, the Navy informed NMFS that the project had
been delayed and none of the work identified in the initial IHA had
occurred. The Navy requested an identical IHA be reissued with the
effective dates one year later, in order to conduct the construction
work that was analyzed and authorized through the previously issued
IHA. On July 21, 2021, NMFS reissued the IHA to the Navy (86 FR 40468;
July 28, 2021), effective from September 15, 2021 through September 14,
2022 (hereafter referred to as the initial IHA).
On July 15, 2022, the Navy notified NMFS that the project had been
further delayed and none of the work identified in the initial IHA had
occurred. In addition, the Navy had made minor changes to the project
design plan, which would result in fewer proposed days of in-water
construction than what was planned and analyzed in the 2020 IHA and
initial IHA. As described in the Description of the Specified
Activities and Anticipated Impacts section below, the activities for
which incidental take is requested are nearly identical to those
covered in the initial IHA. In order to consider an IHA renewal, NMFS
requires the applicant provide 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. However, as no construction activities have been
conducted, the Navy has no monitoring results to report. NMFS has
determined that the minor changes to the Navy's proposed pile driving
activities would not affect the previous analyses, including the
mitigation, monitoring, and reporting requirements, or take estimates
(with the exception of reducing the amount of estimated take due to
fewer days of construction). The notice of the proposed renewal IHA was
published on September 20, 2022 (87 FR 57473).
Description of the Specified Activities and Anticipated Impacts
The Navy plans to construct a floating dry dock and associated
pier-side access at Naval Base San Diego in the south-central portion
of San Diego Bay. The floating dry dock is needed to ensure the Base's
capability to conduct berth-side repair and maintenance of vessels.
Implementation of the project requires installation of two mooring
dolphins, including vertical and angled structural piles, as well as
fender piles, installation of a concrete ramp wharf and vehicle bridge,
and dredging at the proposed floating dry dock location. The planned
in-water construction covered in the initial IHA included installation
of a maximum of 56 24-inch concrete piles using impact pile driving and
high-pressure water jetting and a maximum of 10 24-inch steel pipe
piles using impact and vibratory pile driving. The Navy's revised
construction design plan includes fewer 24-inch octagonal concrete
piles and has eliminated all 24-inch steel pipe piles, while adding 18-
inch square concrete piles, 18-inch octagonal concrete piles, and 14-
inch steel H-piles (Table 1).
The anticipated impacts of the Navy's planned activities are
identical to those described in the initial IHA. As in the initial IHA,
NMFS anticipates that only the U.S. stock of California sea lions
(Zalophus californianus) may be taken by Level B harassment incidental
to underwater noise resulting from in-water construction associated
with the proposed activities.
The following documents are referenced in this notice and include
important supporting information:
<bullet> Federal Register notice of proposed IHA for the 2020 IHA
(85 FR 21179; April 16, 2020);
<bullet> Federal Register notice of final IHA for the 2020 IHA (85
FR 33129; June 1, 2020);
<bullet> Federal Register notice of reissued IHA for the initial
IHA (86 FR 40468; July 28, 2021); and
<bullet> The Navy's 2020 IHA application, references cited, request
for reissued IHA, and request for IHA renewal (available 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>).
Detailed Description of the Activity
The Navy plans to construct a floating dry dock and associated
pier-side access in the south-central portion of San Diego Bay. The
floating dry dock is needed in order to address current and projected
shortfall of dry dock space required for maintenance of the Pacific
Fleet, and ensure the Naval Base San Diego's capability to conduct
berth-side repair and maintenance of vessels. The planned activities
will allow for the emplacement and operation of a floating dry dock and
associated pier-side access at Marine Group Boat Works (MGBW)
Commercial Out Lease (COL) in the southern edge of Naval Base San
Diego.
Up to 50 days of in-water pile driving were planned to occur under
the initial IHA, which included installation of two mooring dolphins,
including vertical and angled structural piles, as well as fender
piles, and installation of a concrete ramp wharf and vehicle bridge.
Two mooring dolphins would be located forward and aft of the proposed
dry dock. The mooring dolphins would each be supported by up to 16
vertical 24-inch octagonal concrete piles (32 total) installed using
impact pile driving and high-pressure water jetting. The aft mooring
dolphin would also require approximately two 24-inch angled steel pipe
piles. Up to eight additional 24-inch steel pipe piles are anticipated
to be required for the forward and aft mooring dolphins. Cast-in-place
reinforced concrete caps, 9.1 by 9.1 meter (m; 30 by 30 feet (ft)),
would be
[[Page 64768]]
installed at each mooring dolphin location. Grippers would be secured
to the dolphins' concrete pile caps and used to hold the floating dry
dock in position. Construction materials would be delivered by truck
and the piles would be installed using a floating crane and an impact
or vibratory pile driver aided by jetting methods. Fender piles
associated with the aft mooring dolphin would consist of two steel pipe
piles, 24-inches in diameter or less. All steel pipe piles would
initially be installed using vibratory pile driving, followed by the
use of an impact pile driver. The concrete ramp wharf and vehicle
bridge would be supported by 24 24-inch octagonal concrete piles
installed using vibratory pile driving and high-pressure water jetting.
The modified construction design plan that will occur under the
renewal IHA includes the installation of a total of 55 concrete piles
and 10 steel H-piles. Five concrete piles will also be removed (via
dead pull with no vibratory hammer required) and 12 steel template H-
piles will be installed and subsequently removed using a vibratory
hammer. A total of 77 piles will be installed (65 permanent, 12
temporary) which is greater than the total number of piles planned to
be installed under the initial IHA (Table 1); however, the revised
construction plan includes a reduction in diameter for the majority of
piles as assessed in the initial IHA. Therefore, the modified
construction plan is reasonably similar to the plan associated with the
initial IHA. In addition, the Navy had estimated up to 50 days of in-
water work would be required to complete the planned construction in
the initial IHA, and the revised construction design will require only
40 days of construction, beginning in April 2023.
Table 1--Summary of Pile Driving Activities in Initial IHA Compared to Planned Pile Driving Activities in IHA
Renewal
----------------------------------------------------------------------------------------------------------------
Number of piles planned
Pile type and size Pile location -------------------------------
Initial IHA IHA renewal
----------------------------------------------------------------------------------------------------------------
24-inch octagonal concrete.................... Forward and aft mooring dolphins 56 \a\ 22
24-inch steel pipe............................ Forward and aft mooring dolphins 10 0
18-inch square concrete....................... Bulkhead........................ 0 \b\ 5
18-inch octagonal concrete.................... Ramp wharf and vehicle bridge... 0 33
14-inch steel H-piles......................... Fender system on the offshore 0 10
dolphin.
14-inch template steel H-piles................ Forward and aft mooring dolphins 0 \c\ 12
-------------------------------
Total piles installed..................... ................................ 66 \d\ 77
Total maximum days of work................ ................................ 50 40
----------------------------------------------------------------------------------------------------------------
\a\ This includes 11 piles per dolphin.
\b\ Removed using direct pull only.
\c\ Installed and subsequently removed. Includes 6 piles per dolphin.
\d\ Includes 65 permanent piles and 12 temporary piles.
A detailed description of the construction activities for which
authorization of take is authorized here may be found in the Federal
Register notice of proposed IHA for the 2020 IHA (85 FR 21179; April
16, 2020). With the exception of some reduced pile sizes and change
from steel pipe piles to steel H-piles, the methods of pile driving
(i.e., vibratory and impact hammers, high-pressure water jetting)
proposed in the IHA renewal are identical to those analyzed in the
initial IHA. Similarly, the location and timing (e.g., seasonality) are
identical to those analyzed in the initial IHA. The IHA renewal is
valid from October 19, 2022 through September 14, 2023.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the Federal Register
notice of the proposed IHA for the 2020 IHA (85 FR 21179; April 16,
2020). NMFS has reviewed 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 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 take is
authorized here may be found in the Federal Register notice of the
proposed IHA for the 2020 IHA (85 FR 21179; April 16, 2020). The Navy's
revised construction design plan includes some pile sizes and types
that were not included in the initial IHA (e.g., addition of 18-inch
octagonal piles and 14-inch steel H-piles). However, the estimated
sound source levels for the smaller (18-inch) concrete piles and the
steel H-piles are lower than the source levels for the larger (24-inch)
concrete piles and the 24-inch steel pipe piles, respectively, that
were planned to be used during the activity described in the initial
IHA (described in detail in the Navy's IHA renewal request, available
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>). Therefore, NMFS has
determined that the effects of the Navy's planned installation of these
new pile sizes and types on marine mammals and their habitat are the
same as those analyzed in the initial IHA. Additionally, NMFS has
reviewed 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
notices for the proposed and final 2020 IHA (85 FR 21179; April 16,
2020 and 85 FR 33129; June 1, 2020). The marine mammal occurrence data
applicable to this authorization remain unchanged from
[[Page 64769]]
the previously issued IHA. Similarly, the stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA. The take calculation method also remains the same as for the
initial IHA, with the exception of fewer days of activity than what was
described in the initial IHA.
The initial IHA estimated the distances to the Level B harassment
thresholds for each pile size and type that was planned to be included
in the initial construction plan. In the initial IHA, the largest Level
B harassment zone resulted from vibratory installation of 24-inch steel
pipe piles (1,848 m). However, since 24-inch steel pipe piles are no
longer planned to be installed, the largest Level B harassment zone now
results from vibratory installation of 14-inch steel H-piles (398 m).
Based on the number of piles to be installed, the Navy estimates
that the planned pile driving activity will take 40 days (Table 1). As
in the initial IHA, the Navy estimates four California sea lions could
be present in the project area each day. Multiplication of the above
estimate of animals per day (4) times the days of work (40) results in
an authorized 160 incidents of Level B harassment take of California
sea lions (Table 2). The Navy intends to avoid Level A harassment take
by shutting down activities if a California sea lion approaches within
25 m of the project site, which encompasses all estimated Level A
harassment zones. Therefore, no take by Level A harassment is
anticipated or authorized.
Table 2--Authorized Take and Proportion of Stock Potentially Affected
----------------------------------------------------------------------------------------------------------------
Estimated
Days of daily Authorized Authorized Percent of
Species activity occurrence (# take by Level take by Level stock
per day) B harassment A harassment
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus 40 4 160 0 0.06
californianus) U.S. Stock......
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The 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 2020 IHA (85
FR 33129; June 1, 2020), and the discussion of the least practicable
adverse impact included in that document remains accurate. The
following measures are included in this renewal:
Mitigation
The Navy must conduct briefings between construction supervisors
and crews and the marine mammal monitoring team prior to the start of
all pile driving activity, and when new personnel join the work, to
explain responsibilities, communication procedures, marine mammal
monitoring protocol, and operational procedures.
For in-water heavy machinery work other than pile driving (e.g.,
standard barges, etc.), if a marine mammal comes within 10 m,
operations must cease and vessels must reduce speed to the minimum
level required to maintain steerage and safe working conditions. This
type of work could include the following activities: (1) movement of
the barge to the pile location; or (2) positioning of the pile on the
substrate via a crane (i.e., stabbing the pile).
Though not required, Navy has indicated that in-water pile driving
would only be conducted at least 30 minutes after sunrise and up to 30
minutes before sunset, when visual monitoring of marine mammals can be
conducted.
For those marine mammals for which Level B harassment take has not
been requested, in-water pile driving must shut down immediately if
such species are observed within or entering the monitoring zone (i.e.,
Level B harassment zone). If take reaches the authorized limit for an
authorized species, pile installation must be stopped as these species
approach the Level B harassment zone to avoid additional take.
Establishment of Shutdown Zone for Level A Harassment--For all pile
driving activities, the Navy must establish a shutdown zone. The
purpose of a shutdown zone is generally to define an area within which
shutdown of activity would occur upon sighting of a marine mammal (or
in anticipation of an animal entering the defined area). Conservative
shutdown zones of 25 m for impact and vibratory pile driving activities
must be implemented for California sea lions. The placement of
protected species observers (PSOs) during all pile driving activities
(described in detail in the Monitoring section below) must ensure
shutdown zones are visible.
Establishment of Monitoring Zones for Level B Harassment--The Navy
must establish monitoring zones corresponding with the estimated Level
B harassment zones. Monitoring zones provide utility for observing by
establishing monitoring protocols for areas adjacent to the shutdown
zones. Monitoring zones enable observers to be aware of and communicate
the presence of marine mammals in the project area outside the shutdown
zone and thus prepare for a potential cessation of activity should the
animal enter the shutdown zone.
Table 3--Monitoring and Shutdown Zones for Each Project Activity
------------------------------------------------------------------------
Monitoring Shutdown zone
Source zone (m) (m)
------------------------------------------------------------------------
Impact Pile Driving 24-inch octagonal 120 25
concrete piles.........................
Impact Pile Driving 18-inch octagonal 25 25
concrete piles.........................
Vibratory Pile Driving 14-inch steel H- 400 25
piles..................................
------------------------------------------------------------------------
Soft Start--The use of soft-start procedures is believed to provide
additional protection to marine mammals by providing warning and/or
giving marine mammals a chance to leave the area prior to the hammer
operating at full capacity. For impact pile driving, contractors are
required to provide an initial set of strikes from the
[[Page 64770]]
hammer at reduced energy, with each strike followed by a 30-second
waiting period. This procedure must be conducted a total of three times
before impact pile driving begins. 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.
Soft start is not required during vibratory pile driving activities.
Pre-Activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, PSOs must observe the shutdown and monitoring
zones for a period of 30 minutes. The shutdown zone is considered
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, a soft-start must not proceed until the animal has left
the zone or has not been observed for 15 minutes. If the Level B
harassment zone has been observed for 30 minutes and species with no
take authorization are not present within the zone, soft start
procedures can commence and work can continue even if visibility
becomes impaired within the Level B harassment monitoring zone. When a
marine mammal for which take by Level B harassment is authorized is
present in the Level B harassment zone, activities may begin and Level
B harassment take will be recorded. If work ceases for more than 30
minutes, the pre-activity monitoring of both the Level B harassment and
shutdown zone must commence again.
Monitoring
Marine Mammal Visual Monitoring-- Monitoring must be conducted by
NMFS-approved observers. Trained observers must be placed from the best
vantage point(s) practicable to monitor for marine mammals and
implement shutdown or delay procedures when applicable through
communication with the equipment operator. Observer training must be
provided prior to project start, and must include instruction on
species identification (sufficient to distinguish the species in the
project area), description and categorization of observed behaviors and
interpretation of behaviors that may be construed as being reactions to
the specified activity, proper completion of data forms, and other
basic components of biological monitoring, including tracking of
observed animals or groups of animals such that repeat sound exposures
may be attributed to individuals (to the extent possible).
Monitoring must be conducted 30 minutes before, during, and 30
minutes after pile driving activities. In addition, observers must
record all incidents of marine mammal occurrence, regardless of
distance from activity, and must document any behavioral reactions in
concert with distance from piles being driven. Pile driving activities
include the time to install a single pile or series of piles, as long
as the time elapsed between uses of the pile driving equipment is no
more than 30 minutes.
At least one land-based PSO must be located at the project site,
and the Navy has indicated that when possible and appropriate during
vibratory pile driving activities, one additional boat-based PSO will
be located at the edge of the Level B harassment isopleth (see Figure
1-2 of the Marine Mammal Monitoring Plan dated March, 2020; available
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>).
PSOs must scan the waters using binoculars, and/or spotting scopes,
and must use a handheld GPS or range-finder device to verify the
distance to each sighting from the project site. All PSOs must be
trained in marine mammal identification and behaviors and must have no
other project-related tasks while conducting monitoring. In addition,
monitoring must be conducted by qualified observers, who must be placed
at the best vantage point(s) practicable to monitor for marine mammals
and implement shutdown/delay procedures when applicable by calling for
the shutdown to the hammer operator. The Navy must adhere to the
following PSO qualifications:
(i) Independent observers (i.e., not construction personnel) are
required;
(ii) At least one observer must have prior experience working as an
observer;
(iii) Other observers may substitute education (degree in
biological science or related field) or training for experience;
(iv) Where a team of three or more observers are required, one
observer must be designated as lead observer or monitoring coordinator.
The lead observer must have prior experience working as an observer;
and
(v) The Navy must submit observer CVs for approval by NMFS.
Additional standard observer qualifications include:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> 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 and times when in-water construction
activities were suspended to avoid potential incidental injury from
construction sound of marine mammals observed within a defined shutdown
zone; and marine mammal behavior; and
<bullet> 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.
Observers are required to use approved data forms (see data
collection forms in the applicant's Marine Mammal Mitigation and
Monitoring Plan). Among other pieces of information, the Navy must
record detailed information about any implementation of shutdowns,
including the distance of animals to the pile and description of
specific actions that ensued and resulting behavior of the animal, if
any. In addition, the Navy must attempt to distinguish between the
number of individual animals taken and the number of incidences of
take.
Reporting
A draft report must be submitted to NMFS within 90 days of the
completion of marine mammal monitoring, or 60 days prior to the
requested date of issuance of any future IHA for projects at the same
location, whichever comes first. The report must include marine mammal
observations pre-activity, during-activity, and post-activity during
pile driving days (and associated PSO data sheets), and must also
provide descriptions of any behavioral responses to construction
activities by marine mammals and a complete description of all
mitigation shutdowns and the results of those actions and an
extrapolated total take estimate based on the number of marine mammals
observed during the course of construction. A final report must be
submitted within 30 days following resolution of comments on the draft
report. At minimum, the following information must be collected on all
sighting forms and included in the monitoring report:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
[[Page 64771]]
<bullet> Construction activities occurring during each daily
observation period, including how many and what type of piles were
driven or removed and by what method (i.e., impact or vibratory);
<bullet> Weather parameters and water conditions during each
monitoring period (e.g., wind speed, percent cover, visibility, sea
state);
<bullet> The number of marine mammals observed, by species,
relative to the pile location and if pile driving or removal was
occurring at time of sighting;
<bullet> Age and sex class, if possible, of all marine mammals
observed;
<bullet> PSO locations during marine mammal monitoring;
<bullet> Distances and bearings of each marine mammal observed to
the pile being driven or removed for each sighting (if pile driving or
removal was occurring at time of sighting);
<bullet> Description of any marine mammal behavior patterns during
observation, including direction of travel and estimated time spent
within the Level A and Level B harassment zones while the source was
active;
<bullet> Number of individuals of each species (differentiated by
month as appropriate) detected within the monitoring zone, and
estimates of number of marine mammals taken, by species (a correction
factor may be applied to total take numbers, as appropriate);
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting behavior of the animal, if
any;
<bullet> Description of attempts to distinguish between the number
of individual animals taken and the number of incidences of take, such
as ability to track groups or individuals;
<bullet> An extrapolation of the estimated takes by Level B
harassment based on the number of observed exposures within the Level B
harassment zone and the percentage of the Level B harassment zone that
was not visible; and
<bullet> Submit all PSO datasheets and/or raw sighting data (in a
separate file from the final report referenced immediately above).
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, the Navy must report the
incident to the Office of Protected Resources (OPR) (301-427-8401),
NMFS and to the West Coast Region Stranding Coordinator (562-980-3230)
as soon as feasible. If the death or injury was clearly caused by the
specified activity, the Navy must immediately cease the specified
activities until NMFS is able to review the circumstances of the
incident and determine what, if any, additional measures are
appropriate to ensure compliance with the terms of the IHA. The Navy
must not resume their activities until notified by NMFS. The report
must include the following information:
<bullet> Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and
<bullet> General circumstances under which the animal was
discovered.
NMFS will work with the Navy to determine what, if anything, is
necessary to minimize the likelihood of further prohibited take and
ensure MMPA compliance. The Navy must not resume their activities until
notified by NMFS.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to the Navy was
published in the Federal Register on September 20, 2022 (87 FR 57473).
That notice either described, or referenced descriptions of, the Navy's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. During the 30-day public comment
period, NMFS received no public comments.
Determinations
The construction activities planned by the Navy are nearly
identical to those analyzed in the initial IHA. Due to the construction
design-plan changes, the planned number of days of activity are fewer
than the initial IHA. The method of taking and effects of the action
are identical to those analyzed in the initial IHA. The potential
effects of the Navy's activities are limited to Level B harassment in
the form of behavioral disturbance and temporary threshold shift. In
analyzing the effects of the activities in the initial IHA, NMFS
determined that the Navy'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 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) the Navy'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.
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 action (i.e., the issuance of an IHA renewal) 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 determined
that the issuance of the IHA renewal qualifies to be categorically
excluded from further NEPA review.
Endangered Species Act
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 incidental take of ESA-listed marine mammal
species is expected to result
[[Page 64772]]
from this activity, and none would be authorized. Therefore, NMFS has
determined that consultation under section 7 of the ESA is not required
for this action.
Renewal
NMFS has issued a renewal IHA to the Navy for the take of marine
mammals incidental to conducting the Floating Dry Dock Project at Naval
Base San Diego in San Diego, California, effective October 19, 2022
through September 14, 2023.
Dated: October 21, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-23311 Filed 10-25-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 26, 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.