Notice2023-01245
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving for the Long Beach Cruise Terminal Improvement Project
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
January 24, 2023
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 Carnival Corporation & GHD (Carnival) to harass marine mammals incidental to pile driving for the Long Beach Cruise Terminal improvement project at the Port of Long Beach, California.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 15 (Tuesday, January 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4158-4161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01245]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC659]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pile Driving for the Long Beach
Cruise Terminal Improvement Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal Incidental Harassment Authorization
(IHA).
-----------------------------------------------------------------------
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 Carnival Corporation & GHD
(Carnival) to harass marine mammals incidental to pile driving for the
Long Beach Cruise Terminal improvement project at the Port of Long
Beach, California.
DATES: This renewal IHA is valid from January 18, 2023 through December
9, 2023.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, 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
[[Page 4159]]
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>.
History of Request
On November 19, 2019, NMFS issued an IHA to Carnival to take marine
mammals incidental to pile driving for the Long Beach Cruise Terminal
improvement project in Long Beach, California (84 FR 64833), effective
from November 19, 2019 through November 18, 2020. The original IHA was
reissued in 2020 (85 FR 81452) and again in 2021 (86 FR 54943), with
the latter of these referred to herein as the ``initial IHA'' for
purposes of this renewal IHA. On November 30, 2022, NMFS received an
application for the renewal of that original IHA. As described in the
application for renewal IHA, the activities for which incidental take
is requested are nearly identical to those covered through the initial
authorization. No activity has yet been conducted under any of the
issued IHAs and, therefore, there are no monitoring results to report.
The notice of the proposed renewal IHA was published on December 29,
2023 (87 FR 80173).
Description of the Specified Activities and Anticipated Impacts
Carnival was issued an initial authorization for take of marine
mammals incidental to in-water construction activities associated with
the Port of Long Beach Cruise Terminal Improvement Project in Long
Beach, California. The purpose of the project is to make improvements
to its existing berthing facilities at the Long Beach Cruise Terminal
at the Queen Mary located at Pier H in the Port of Long Beach, in order
to accommodate a new, larger class of cruise ships. As described in
detail in the notice of proposed IHA for the original IHA (October 11,
2019; 84 FR 54867), in-water construction will include installation of
a maximum of 49 permanent, 36-inch (91.4 centimeters (cm)) steel pipe
piles using impact and vibratory pile driving. A minor change to the
in-water construction activities was described in the renewal request
by Carnival. In addition to the 49 permanent piles, 30 24-inch
temporary steel pipe piles will be placed to provide a template for
placement of the permanent piles. Vibratory driving and removal will be
used for the temporary piles. Pile driving activities were initially
expected to occur over a period of approximately 26 days. Including the
aforementioned minor change to the proposed construction activities,
pile driving activities are likely to occur over a longer total
duration. Sounds produced by these activities may result in take, by
Level A harassment and Level B harassment, of marine mammals located in
Long Beach, California. In addition, related dredging activities will
occur for approximately 30 days. No take of marine mammals is
anticipated to occur incidental to the planned dredging. No work has
been completed under the original IHA or subsequent reissuances.
Incidental takes to the in-water pile driving and removal and
dredging in this renewal will be at the same level as authorized in the
initial IHA. Five marine mammal species are expected to experience
Level B harassment and one species has the potential for Level A
harassment (see Estimated Take).
All documents related to the original and initial IHAs are
available on our website: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-cruise-terminal-improvement-project-port-long-beach-ca">https://www.fisheries.noaa.gov/action/incidental-take-authorization-cruise-terminal-improvement-project-port-long-beach-ca</a>.
Detailed Description of the Activity
A detailed description of the activity is available in the proposed
IHA renewal notice (December 29, 2022; 87 FR 80173).
This renewal IHA is effective for a period of one 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
notices of the proposed and final IHAs for the original authorization.
NMFS has reviewed the recent draft Stock Assessment Reports (SARs),
information on relevant Unusual Mortality Events (UME), 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 original IHA.
It should be noted that the Final 2021 NMFS' Marine Mammal SARs
updated stock abundances for short-beaked common dolphins and long-
beaked common dolphins (Carretta et al., 2022). For short-beaked common
dolphins the abundance increased slightly from the original IHA stock
abundance estimate of 969,861 individuals to 1,056,308 individuals. For
long-beaked common dolphins the abundance decreased from the initial
IHA stock abundance estimate of 101,305 individuals to 83,379
individuals. None of these population trends impact the findings made
in support of the original IHA. Additional information on all stocks
affected by this action is available in the NMFS' U.S. Pacific SARs
(available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>).
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 notices of
the proposed and final IHAs for the initial authorization. NMFS has
reviewed recent draft SARs, information on relevant UME, 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.
[[Page 4160]]
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the original authorization. Specifically,
the source levels and marine mammal density/occurrence data applicable
to this authorization remain unchanged from the previously issued IHA.
Similarly, 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 by Level A and Level B Harassment, by Species and Stock, Resulting From Proposed
Carnival Project Activities
----------------------------------------------------------------------------------------------------------------
Proposed take
Common name Stock Level A take Total proposed as percentage
take of stock
----------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin........... CA/OR/WA................ 0 942 0.10
Long-beaked common dolphin............ California.............. 0 942 0.92
Common bottlenose dolphin............. Coastal California...... 0 122 26.93
California sea lion................... U.S..................... 0 2,232 0.87
Harbor seal........................... California.............. 5 984 3.18
----------------------------------------------------------------------------------------------------------------
Description of 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
original IHA, and the discussion of the least practicable adverse
impact included in that document and the notice of the proposed IHA
remains accurate. The following standard mitigation measures are
proposed for this renewal.
<bullet> 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;
<bullet> For in-water heavy machinery work other than pile driving
(e.g., standard barges, etc.), if a marine mammal comes within 10 m,
operations shall cease and vessels shall 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);
<bullet> Work may only occur during daylight hours, when visual
monitoring of marine mammals can be conducted;
<bullet> For those marine mammals for which Level B harassment take
has not been requested, in-water pile driving will shut down
immediately if such species are observed within or entering the
monitoring zone (i.e., Level B harassment zone); and,
<bullet> If take reaches the authorized limit for an authorized
species, pile installation will be stopped as these species approach
the Level B harassment zone to avoid additional take.
Additional mitigation measures proposed for this renewal are as
follows.
<bullet> Shutdown zones as specified in the proposed IHA vibratory
pile driving will be implemented.
<bullet> The use of seven protected species observers (PSO) that
will be placed on vessels at entrances to the Port of Long Beach
outside the breakwaters to observe marine mammals traveling into the
shutdown zones.
<bullet> Soft start procedures for impact pile driving consisting
of an initial set of strikes from the hammer at reduced energy, with
each strike followed by a 30-second waiting period.
<bullet> The use of a marine pile-driving energy attenuator (i.e.,
air bubble curtain system) will be implemented by Carnival during
impact and vibratory pile driving of all steel pipe piles.
<bullet> Prior to the start of daily in-water construction
activity, or whenever a break in pile driving of 30 minutes or longer
occurs, PSOs will observe the shutdown and monitoring zones for a
period of 30 minutes.
<bullet> Carnival will only conduct pile driving activities during
daylight hours.
Monitoring and reporting requirements associated with this renewal
are as follows.
<bullet> A total of seven PSOs will be based on land and vessels
will monitor pile driving 30 minutes before, during, and 30 minutes
after pile driving activities.
<bullet> Observers will be required to use approved data forms.
<bullet> A draft report will be submitted to NMFS within 90 days of
the completion of marine mammal monitoring. The report will include
marine mammal observations pre-activity, during-activity, and post-
activity during pile driving days (and associated PSO data sheets).
Comments and Responses
NMFS received no public comments on the proposed Renewal IHA.
Determinations
The construction activities are nearly identical to those analyzed
for the original IHA, as are the method of taking and the effects of
the action. The addition of the 30 temporary 24-inch steel piles does
not increase the size of the Level A and Level B harassment zones. In
analyzing the effects of the activities for the original IHA, NMFS
determined that the Carnival's activities will 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). Although
some marine mammal abundances have changed since the original IHA, none
of this new information affects NMFS' determinations supporting
issuance of the original and initial IHAs. 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. This includes consideration of the estimated abundance of
short-beaked common dolphins and long-beaked common dolphins
decreasing/increasing slightly. 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
[[Page 4161]]
mammals relative to the affected stock abundances; (4) Carnival'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 proposed action (i.e., 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 (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 determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has preliminarily determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
No incidental take of ESA-listed species is authorized 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.
Renewal
NMFS has issued a renewal IHA to Carnival for the take of marine
mammals incidental to conducting pile driving for the Long Beach Cruise
Terminal improvement project at the Port of Long Beach, California from
January 18, 2023 to December 9, 2023.
Dated: January 18, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-01245 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on January 24, 2023.
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.