Notice2022-28546
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Newport, Rhode Island
Primary source
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Published
January 4, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing to modify the Letter of Authorization (LOA) that was issued to the United States Navy (Navy) on January 26, 2022 in association with construction activities related to bulkhead replacement and repairs at Naval Station Newport (NAVSTA Newport) over the course of five years (2022-2027). Necessary additions to the Navy's construction plan include vibratory driving of 30-inch (in) steel pipe piles and Down-The-Hole (DTH) driving when technically required for repairs to the S45 bulkhead facility. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to modify the Navy's LOA to increase authorized take by Level B harassment for harbor seal, gray seal, and harp seals. NMFS is also proposing to include appropriate, additional shutdown mitigation provisions for all species in the modified LOA. The monitoring and reporting measures remain the same as prescribed in the initial LOA. NMFS will also consider public comments on the requested modification prior to making any final decision and agency responses will be summarized in the final notice of our decision.
Full Text
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<title>Federal Register, Volume 88 Issue 2 (Wednesday, January 4, 2023)</title>
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[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 342-347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28546]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC620]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Navy Construction at Naval
Station Newport, Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed modification of a Letter of Authorization;
request for comments.
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SUMMARY: NMFS is proposing to modify the Letter of Authorization (LOA)
that was issued to the United States Navy (Navy) on January 26, 2022 in
association with construction activities related to bulkhead
replacement and repairs at Naval Station Newport (NAVSTA Newport) over
the course of five years (2022-2027). Necessary additions to the Navy's
construction plan include vibratory driving of 30-inch (in) steel pipe
piles and Down-The-Hole (DTH) driving when technically required for
repairs to the S45 bulkhead facility. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is proposing to modify the Navy's LOA to
increase authorized take by Level B harassment for harbor seal, gray
seal, and harp seals. NMFS is also proposing to include appropriate,
additional shutdown mitigation provisions for all species in the
modified LOA. The monitoring and reporting measures remain the same as
prescribed in the initial LOA. NMFS will also consider public comments
on the requested modification prior to making any final decision and
agency responses will be summarized in the final notice of our
decision.
DATES: Comments and information must be received no later than January
19, 2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email to <a href="/cdn-cgi/l/email-protection#b0f9e4e09ef8dfc4d3d8dbd9def0dedfd1d19ed7dfc6"><span class="__cf_email__" data-cfemail="88c1dcd8a6c0e7fcebe0e3e1e6c8e6e7e9e9a6efe7fe">[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 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 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, a notice of a
proposed incidental take authorization may be provided to the public
for review.
[[Page 343]]
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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
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 remains consistent with categories of activities
identified in Categorical Exclusion B4 (incidental harassment
authorizations 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 modified LOA continues to qualify 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
LOA Modification request.
History of Request
On December 15, 2021, NMFS issued a final rule to the Navy (86 FR
71162) to incidentally harass, by Level A and Level B harassment only,
marine mammals during construction activities associated with bulkhead
replacement and repairs at Naval Station Newport (NAVSTA Newport) over
the course of 5 years (2022-2027). Subsequently, on January 26, 2022,
NMFS issued a Letter of Authorization (LOA) to the Navy (87 FR 6145)
associated with the final rule. Species authorized for take included
Atlantic white-sided dolphin (Lagenorhynchus acutus), common dolphin
(Delphinus delphis), harbor porpoise (Phocoena phocoena), harbor seal
(Phoca vitulina), gray seal (Halichoerus grypus), harp seal (Pagophilus
groenlandicus), and hooded seal (Cystophora cristata). The effective
dates of this LOA are May 15, 2022 through May 14, 2027.
On November 15, 2022, NMFS received a request from the Navy for a
modification to the NAVSTA Newport bulkhead construction project due to
a change in the construction contractor's plan. On December 15, 2022,
the Navy revised their request to incorporate NMFS's DTH source level
recommendations (available at: <a href="https://media.fisheries.noaa.gov/2022-11/PUBLIC%20DTH%20Basic%20Guidance_November%202022.pdf">https://media.fisheries.noaa.gov/2022-11/PUBLIC%20DTH%20Basic%20Guidance_November%202022.pdf</a>). In its initial
request for incidental take regulations, the Navy did not anticipate
the need for vibratory driving of steel pipe piles or DTH installation
of any pile type. Vibratory driving of steel sheet and H-piles was
included, and analyzed in the rule. However, the construction
contractor for the first phase of the project (S45 bulkhead) has since
determined that vibratory driving of steel pipe piles will be required,
and that DTH hammering may be necessary if obstructions are encountered
that would prevent the use of impact or vibratory hammers to install
piles. Therefore, the Navy is requesting, and NMFS is proposing, to
modify the 2022 LOA to include take incidental to potential vibratory
driving of 30-in steel pipe piles and DTH hammering of 10-in diameter
holes. These updates to the Navy's specified activity would increase
estimated Level B harassment isopleths and, therefore, result in an
increased estimate of exposures by Level B harassment for harbor seal,
gray seal, and harp seal. NMFS has determined that the changes also
necessitate revised shutdown mitigation provisions for vibratory and
DTH pile driving scenarios for all species. The monitoring and
reporting measures remain the same as prescribed in the initial LOA,
and no additional take is requested or proposed for other species.
Description of the Proposed Activity and Anticipated Impacts
The modified LOA would include the same construction activities
(i.e., impact pile driving, vibratory pile driving and removal) in the
same locations that were described in the 2022 final rule (86 FR 71162;
December 15, 2021); for the S45 location, additional vibratory driving
and DTH hammering are proposed. The monitoring and reporting measures
remain the same as prescribed in the initial LOA, while revisions to
the required mitigation measures have been proposed. NMFS refers the
reader to relevant documents related to issuance of the initial LOA,
including the Navy's application, the proposed rule and request for
comments (86 FR 56857; October 13, 2021), final rule (86 FR 71162;
December 15, 2021), and notice of issued LOA (87 FR 6145; February 3,
2022) (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island</a>) for more detailed description of the project activities.
Detailed Description of the Action
A detailed description of the construction activities is found in
the aforementioned documents associated with issuance of the initial
LOA. The location, time of year, and general nature of the activities
are identical to those described in the previous documents. However, as
noted in the History of Request section, the Navy anticipates that
vibratory installation of 30-in steel pipe piles and DTH hammering will
be necessary to complete the S45 phase of the project on time.
Differences between the activities analyzed in the final rule and those
analyzed in support of the proposed modification are shown in Table 1.
Section S45: In its current condition, this section of bulkhead is
in serious condition with a high priority for replacement/repair
because the steel sheet piles and cap exhibit heavy corrosion with
numerous areas that exhibit 100 percent loss of section resulting in
extensive landside erosion.
Under the proposed modification, replacement of Section S45 would
include the demolition and replacement of approximately 310 ft of
existing steel sheet pile bulkhead just south of Pier 1. The existing
bulkhead would then be replaced with a new deadman anchored king pile
system. The system would consist of approximately 4 (30-in) steel pipe
piles; 160 (80 pairs) (22.5-in) Z-shaped sheet piles; and approximately
76 (14-in) H-piles. These piles would be installed approximately 1ft in
front of the existing bulkhead using a combination of vibratory and
impact hammers, as necessary. In the modification request, the Navy has
determined that the four 30-in steel pipe piles will be installed with
a vibratory hammer, rather than the impact hammer considered in the
final rule. Additionally, the Navy has proposed the limited use of a
DTH system on an as needed basis, if obstructions are
[[Page 344]]
encountered that would prevent the use of just impact or vibratory
hammers when installing piles at the S45 facility. The existing steel
sheet pile wall would be excavated landside to a depth of approximately
10 ft below ground surface and cut off at the limit of excavation (see
Figure 1-8 of the LOA application).
Table 1--Bulkhead Pile Installation Activity at the S45 Facility in Initial LOA and the Proposed Modification
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Final rule Proposed LOA modification
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Pile type Number of
Method Number of piles Number of days Number of piles Number of days piles
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Steel sheet pile............... Vibratory/impact.. 80 pair............. 27.................. Vibratory/impact. 80 pair............. 27
Steel pipe pile................ Impact............ 4................... 4................... Vibratory........ 4................... 4
Steel H pile................... Vibratory......... 76.................. 13.................. Vibratory........ 76.................. 13
DTH Holes...................... DTH............... na.................. na.................. DTH.............. 8................... 8
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Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to this
modified LOA as well. In addition, NMFS has reviewed the 2021 Stock
Assessment Reports (Hayes et al., 2022), information on relevant
Unusual Mortality Events, and recent scientific literature, and
determined that no new information affects our original analysis of
impacts under the initial LOA. (Note that the Potential Biological
Removal of the gray seal Western North Atlantic stock increased from
1,389 to 1,458, and annual mortality and serious injury of the harbor
porpoise Gulf of Maine/Bay of Fundy stock decreased from 217 to 164).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the final rule, which remains applicable to modification of
the LOA. NMFS is not aware of new information regarding potential
effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take for the specified activity are found in the proposed
rule (86 FR 56857; October 13, 2021); the descriptions presented in the
proposed rule did not change in the final rule (86 FR 71162; December
15, 2021). The types and sizes of piles, and marine mammal stocks taken
remain unchanged from the final rule. The proposed modification
addresses the addition of vibratory driving of four 30-in steel pipe
piles and ten instances of DTH hammering at the S45 bulkhead, which
would result in increased harassment zone sizes. The Navy anticipates
that up to four days of vibratory driving (up to two piles per day) and
up to eight days of DTH hammering at one hole per day will be required.
Acoustic effects on marine mammals during the specified activity can
occur from impact and vibratory pile installation and removal, and DTH.
The effects of underwater noise from the Navy's proposed activities
have the potential to result in Level A and Level B harassment of
marine mammals in the action area.
The proposed modification includes the use of DTH hammers, which
were not evaluated in the final rule. A DTH hammer is essentially a
drill bit that drills through the bedrock using a rotating function
like a normal drill, in concert with a hammering mechanism operated by
a pneumatic (or sometimes hydraulic) component integrated into to the
DTH hammer to increase speed of progress through the substrate (i.e.,
it is similar to a ``hammer drill'' hand tool). The sounds produced by
DTH methods contain both a continuous non-impulsive component from the
drilling action and an impulsive component from the hammering effect.
Therefore, NMFS treats DTH systems as both impulsive and continuous,
non-impulsive sound source types simultaneously.
Ensonified Area
A detailed description of the operational and environmental
parameters of the activity that are used in estimating the area
ensonified above the acoustic thresholds, including source levels and
transmission loss coefficient, can be found in the proposed rule (86 FR
56857; October 13, 2021), and did not change in the final rule (86 FR
71162; December 15, 2021). The new proposed activities include
vibratory driving of 30-in pipe piles and DTH hammering; for those
activities, we provide a description of the sound source levels and
ensonified areas below.
Sound Source Levels of Proposed Activities--The intensity of pile
driving sounds is greatly influenced by factors such as the type of
piles, hammers, and the physical environment (e.g., sediment type) in
which the activity takes place. The Navy consulted with NMFS on the
appropriate sound source levels to use for vibratory driving, and NMFS
recommended a value based on available measurements of vibratory
driving of 30-in steel pipe piles (CALTRANS, 2020). Source data for the
proposed installation methods and pile types are provided in Table 2.
Note that the source levels in this Table represent the SPL referenced
at a distance of 10 m from the source.
NMFS recommends treating DTH systems as both impulsive and
continuous, non-impulsive sound source types simultaneously. Thus,
impulsive thresholds are used to evaluate Level A harassment, and the
continuous threshold is used to evaluate Level B harassment. The Navy
consulted with NMFS to obtain the appropriate proxy values for DTH
mono-hammers. NMFS recommended proxy levels for Level A harassment
based on available data regarding DTH systems of similar sized piles
and holes (Table 2) (Denes et al., 2019; Guan and Miner, 2020; Reyff
and Heyvaert, 2019; Reyff, 2020; Heyvaert and Reyff, 2021).
[[Page 345]]
Table 2--Source Information for Modified Pile Driving and DTH Activities
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Average Peak SPL Average RMS SPL Strike rate Maximum number
(dB re 1 (dB re 1 Average SEL (dB re (strikes per Minutes to of piles per
[micro]Pa) [micro]Pa) 1 [mu]Pa \2\ sec) second) drive day
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Vibratory Driving 30-in steel pipe piles..... N/A 159 N/A N/A 30 2
10-in DTH mono-hammer........................ 172 167 146 10 240 1
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The methods used to calculate the ensonified areas based on the
sound source information in Table 2 are identical to those used in the
final rule; details are provided in the Proposed Rule (86 FR 56857;
October 13, 2021). The resulting Level A and Level B harassment
isopleths are provided in Tables 3 and 4.
Table 3--Calculated Distance and Areas of Level A and Level B Harassment for Impulsive Noise (DTH)
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Level A harassment \2\ Level B harassment
Total ----------------------------------------------------------------------------------
Activity Duration, count, production Mid-Frequency High Frequency
size, and or rate days Cetaceans Cetaceans (Harbor Phocid Pinnipeds Harbor Porpoise
(Dolphins) Porpoise) and Phocids
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DTH (10-in holes)............... 4 hours/day (1 hole/ 8 3.3 m/0.000034 km 111.6 m/0.019204 km 50.1 m/0.004657 km See Table 4.
day). \2\. \2\. \2\.
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Table 4--Calculated Distance and Areas of Level A and Level B Harassment for Non-Impulsive Noise (Vibratory, DTH)
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Level A harassment \2\ Level B harassment
Total ----------------------------------------------------------------------------------
Activity Duration, count, production Mid-Frequency High Frequency
size, and or rate days Cetaceans Cetaceans (Harbor Phocid Pinnipeds Harbor Porpoise
(Dolphins) Porpoise) and Phocids
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DTH (10-in holes)............... 4 hours/day (1 hole/ 8 See Table 3 13,594 m/7.80374
day). km.\2\
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30-in Steel Pipe Vibratory...... 1 hour/day (2 piles/ 4 0.4 m/0.000001 7.4 m/0.000152 3.1 m/0.00003 3,981 m/6.741652
day). km.\2\. km.\2\. km.\2\. km.\2\
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Marine Mammal Occurrence and Take Calculation and Estimation
A description of the methods used to estimate take anticipated to
occur from the project is found in the project's aforementioned
documents. The methods of estimating take are identical to those used
in the final rule. Table 5 shows the authorized takes at the S45
facility under the initial LOA (all in year 1) and the estimated takes
from the proposed modification.
Table 5--Take Estimates at S45 Facility Under the Initial LOA and the Proposed Modification
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Initial LOA (year 1; S45) Proposed modification
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Level A Level B Level A Level B
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Atlantic White-sided Dolphin.................... 0 1 0 1
Common Dolphin.................................. 0 3 0 3
Harbor Porpoise................................. 1 4 1 4
Harbor Seal..................................... 15 188 15 244
Gray Seal....................................... 3 40 3 52
Harp Seal....................................... 1 16 1 20
Hooded Seal..................................... 0 0 0 0
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Table 6--Take Estimates as a Percentage of Stock Abundance for the Proposed Modification for Year 1 Takes at the
S45 Facility
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Level A Level B
Species Stock (NEST) harassment harassment Percent of stock
----------------------------------------------------------------------------------------------------------------
Atlantic White-sided Dolphin..... Western North Atlantic 0 3 Less than 1
(93,233). percent.
Common Dolphin................... Western North Atlantic 0 3 Less than 1
(172,947). percent.
Harbor Porpoise.................. Gulf of Maine/Bay of 1 4 Less than 1
Fundy (95,543). percent.
[[Page 346]]
Harbor Seal...................... Western North Atlantic 15 244 Less than 1
(61,336). percent.
Gray Seal........................ Western North Atlantic 3 52 Less than 1
(451,431). percent.
Harp Seal........................ Western North Atlantic 1 20 Less than 1
(7.6 million). percent.
Hooded Seal...................... Western North Atlantic 0 0 Less than 1
(593,500). percent.
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Description of Proposed Mitigation, Monitoring and Reporting Measures
The reporting measures proposed are identical to those included in
the initial LOA and the discussion of the least practicable adverse
impact included in 2022 final rule. The monitoring and mitigation
measures have been updated to include additional hydroacoustic
monitoring and conservative shutdown zones. The following measures are
proposed for inclusion in the LOA Modification, and are in addition to
those described in the Final Rule (86 FR 71162; December 15, 2021):
<bullet> Supplemental hydroacoustic monitoring will include:
[cir] 30-in Steel Pipe--vibratory driving: 2 piles; and
[cir] Obstruction drilling--DTH hammer: up to 8 holes (if required
for pile installation).
<bullet> Shutdown zones for the new activities identical to those
identified in the Final Rule (86 FR 71162; December 15, 2021):
[cir] DTH Obstruction Drilling: The maximum shutdown zone included
in the initial LOA is 150 m. This distance is greater than the
calculated distance to Level A harassment thresholds for marine mammal
species from DTH activities at the S45 facility, which is 111.6 m for
harbor porpoise. The Navy proposes to implement the same 150 m shutdown
distance for cetaceans and pinnipeds when conducting DTH activities.
[cir] Vibratory driving steel pipe piles: the greatest calculated
distance to Level A harassment thresholds for species at this location
is 7.4 m, which is less than the standard construction shutdown of 10 m
to prevent equipment/mammal interactions. However, for consistency the
Navy has proposed a 30 m shutdown distance for cetaceans and 10 m for
pinnipeds from vibratory pile driving steel pipe piles, which is the
same as for vibratory driving steel sheet piles in the issued
authorization.
Preliminary Determinations
With the exception of the revised take numbers and monitoring and
mitigation measures, the Navy's in water construction activities as
well as reporting requirements are unchanged from those in the initial
LOA. The effects of the activity on the affected species and stocks,
taking into consideration the modified mitigation and related
monitoring measures, remain unchanged, notwithstanding the increase to
the authorized amount of harbor seal, gray seal, and harp seal take by
Level B harassment.
The additional takes from Level B harassment would be due to
potential behavioral disturbance and TTS. No serious injury or
mortality is anticipated given the nature of the activity and measures
designed to minimize the possibility of injury to marine mammals. The
potential for harassment is minimized through the construction method
and the implementation of the planned mitigation measures (see
Description of Mitigation, Monitoring and Reporting Measures section).
The Navy's proposed pile driving project precludes the likelihood
of serious injury or mortality. For all species and stocks, take would
occur within a limited, confined area (immediately surrounding NAVSTA
Newport in the Narragansett Bay area) of the stock's range. Level A and
Level B harassment will be reduced to the level of least practicable
adverse impact through use of mitigation measures described herein.
Furthermore, the amount of take proposed to be authorized is extremely
small when compared to stock abundance.
The additional 72 takes of harbor, gray, and harp seals represents
an increase of approximately 5.7 percent of the total take authorized
in the initial LOA, and the anticipated impacts are identical to those
described in the 2022 final rule. The amount of additional take for
each species is also small (less than 1 percent of each stock). The
Navy has proposed additional hydro-acoustic monitoring of the new
activities, which will improve understanding of the source levels of
such activities for future work. The proposed modification to the LOA
includes additional required mitigation and monitoring measures (albeit
some minor modification to harassment and shutdown distances), and
identical reporting measures as the 2022 LOA.
In conclusion, there is no new information suggesting that our
analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily 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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; and (4) 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..
Endangered Species Act (ESA)
Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.) requires that
each Federal agency ensure 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 incidental take authorizations, 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 Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an LOA modification to the United States Navy for conducting
construction activities for bulkhead replacement and repairs at the S45
Facility at Naval Station Newport (NAVSTA Newport),
[[Page 347]]
Rhode Island, provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated. A draft of the proposed
modified LOA 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>.
Request for Public Comments
We request comment on our analyses on the proposed modification and
supporting analyses described in this notice of Proposed LOA
Modification for the proposed construction activities for bulkhead
replacement and repairs at the S45 Facility. Please include with your
comments any supporting data or literature citations to help inform our
final decision on the request for MMPA authorization.
Dated: December 28, 2022.
Daniel Bess,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-28546 Filed 1-3-23; 8:45 am]
BILLING CODE 3510-22-P
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