Notice2023-05263
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine
Primary source
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Published
March 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the U.S. Navy (Navy) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to construction activities associated with the multifunctional expansion of Dry Dock 1 project at Portsmouth Naval Shipyard in Kittery, Maine. These activities are identical to those covered by the current authorization, and consist of a subset of activities that will not be completed prior to its expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 15982-15990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05263]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC786]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Navy Construction at
Portsmouth Naval Shipyard, Kittery, Maine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for the
renewal of their currently active incidental harassment authorization
(IHA) to take marine mammals incidental to construction activities
associated with the multifunctional expansion of Dry Dock 1 project at
Portsmouth Naval Shipyard in Kittery, Maine. These activities are
identical to those covered by the current authorization, and consist of
a subset of activities that will not be completed prior to its
expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior
to issuing the currently active IHA, NMFS requested comments on both
the proposed IHA and the potential for renewing the initial
authorization if certain requirements were satisfied. The renewal
requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.
DATES: Comments and information must be received no later than March
30, 2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#4a031e1a643e3339252464272525382f0a24252b2b642d253c"><span class="__cf_email__" data-cfemail="551c01057b212c263a3b7b383a3a2730153b3a34347b323a23">[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: Reny Tyson Moore, 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 MMPA prohibits the ``take'' of marine mammals, with certain
[[Page 15983]]
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, an incidental
harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 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 1-year renewal IHA following notice to the public providing an
additional 15 days for public comments when (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA);
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take);
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized; and
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any
comments received on the potential renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested renewal, and agency responses will be
summarized in the final notice of our decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take 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.
History of Request
On April 1, 2022, NMFS issued an IHA to the Navy to take marine
mammals incidental to construction activities associated with the
multifunctional expansion of Dry Dock 1 project (also referred to as P-
381) at Portsmouth Naval Shipyard in Kittery, Maine (April 6, 2022; 87
FR 19886), effective from April 1, 2022 through March 31, 2022. On
January 31, 2023, NMFS received an application for the renewal of that
initial IHA. NMFS received a revised application for the renewal IHA on
February 24, 2023. As described in the application for renewal IHA, the
activities for which incidental take is requested consist of activities
that are covered by the initial authorization but will not be completed
prior to its expiration. As required, the applicant also provided a
preliminary monitoring report which confirms that the applicant has
implemented the required mitigation and monitoring, and which also
shows that no impacts of a scale or nature not previously analyzed or
authorized have occurred as a result of the activities conducted.
Description of the Specified Activities and Anticipated Impacts
Multifunctional Expansion of Dry Dock 1 (P-381) is 1 of 3 projects
that support the overall expansion and modification of Dry Dock 1,
located in the western extent of the Portsmouth Naval Shipyard. The 2
additional projects, construction of a super flood basin (P-310) and
extension of portal crane rail and utilities (P-1074), are currently
under construction. In-water work associated with these projects was
[[Page 15984]]
completed under separate IHAs issued by NMFS in 2019 (84 FR 24476; May
28, 2019), and in a renewal of the 2019 IHA (86 FR 14598; March 17,
2021). The projects have been phased to support Navy mission schedules.
P-381 will be constructed within the same footprint of the super flood
basin over an approximate 7-year period, during which 5 years of in-
water work will occur. The initial IHA authorized takes for marine
mammals during the first year of in-water construction for P-381
occurring from April 2022 through March 2023. All work beyond year 1
has been addressed in proposed incidental take regulations (January 18,
2023; 88 FR 3146).
The purpose of the proposed project, Multifunctional Expansion of
Dry Dock 1 (P-381), is to modify the super flood basin to create two
additional dry docking positions (Dry Dock 1 North and Dry Dock 1 West)
in front of the existing Dry Dock 1 East. The super flood basin
provides the starting point for the P-381 work (see Figure 1-2 of the
Navy's application for the initial IHA). This renewal request is to
cover a subset of the activities covered in the initial IHA that will
not be completed during the effective IHA period due to project delays
(see Detailed Description of the Activity for specific activities to be
covered in the proposed renewal IHA). This includes the preparation of
the walls and floors of the super flood basin to support the placement
of the monoliths and the construction of the two dry dock positions.
Construction activities that could affect marine mammals are
limited to in-water pile driving and removal activities, rock
hammering, rotary drilling, and down-the-hole (DTH) hammering. Under
the initial IHA, Level A harassment and Level B harassment was
authorized for harbor porpoises (Phocoena phocoena), harbor seals
(Phoca vitulina), gray seals (Halichoerus grypus), harp seals
(Pagophilus groenlandicus) and hooded seals (Cystophora cristata).
Neither the Navy nor NMFS expects serious injury or mortality to result
from this activity and, therefore, a renewal IHA is appropriate.
The following documents are referenced in this notification and
include important supporting information:
<bullet> Initial 2022 final IHA (April 6, 2022, 87 FR 19886);
<bullet> Initial 2022 proposed IHA (March 3, 2022, 87 FR 11860);
<bullet> Initial IHA application and References (available at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine</a>); and
<bullet> Application Addendum Memo (October 31, 2022; available at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine</a>-0).
Detailed Description of the Activity
A detailed description of the construction activities for which
take is proposed here may be found in the notices of the proposed
(March 3, 2022, 87 FR 11860) and final (April 6, 2022, 87 FR 19886)
IHAs for the initial authorization as well as in the Application
Addendum Memo (submitted to NMFS on October 31, 2023), which described
project modifications and shifting Fleet submarine schedules. As
previously mentioned, this request is for a subset of the activities
authorized in the initial IHA that would not be completed prior to its
expiration due to project delays. The location, timing, and nature of
the activities, including the types of equipment planned for use, are
identical to those described in the previous notices. Table 1 describes
the status of all activities covered under the initial IHA as well as
the amount of activities proposed to be covered under the renewal IHA.
The proposed renewal would be effective for a period not exceeding one
year from the date of expiration of the initial IHA.
Table 1--Status of Pile Driving and Drilling Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number
Number remaining Number of
Activity Daily installed to be Total production
Activity Total amount component Method production rate under installed production days under
initial IHA under days renewal IHA
renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install 20 drilled Install 102-inch Rotary Drill.... 1 shaft/day; 1 14 6 20 6
Foundation Support Piles. shafts \1\. diameter outer hour/day.
casing.
Pre-drill 102- Rotary Drill.... 1 shaft/day; 9 14 6 20 6
inch diameter hours/day.
socket.
Remove 102-inch Rotary Drill.... 1 casing/day; 10 10 20 10
outer casing. 15 minutes/
casing.
Drill 78-inch Cluster drill 6.5 days/shaft; 2 18 130 117
diameter shaft. DTH. 10 hours/day.
Center Wall--Install Diving 18 drilled Install 102-inch Rotary Drill.... 1 shaft/day; 1 0 0 18 0
Board Shafts \2\. shafts. diameter outer hour/day.
casing.
Pre-drill 102- Rotary Drill.... 1 shaft/day; 9 0 0 18 0
inch diameter hours/day.
socket.
Remove 102-inch Rotary Drill.... 1 casing/day; 0 0 18 0
outer casing. 15 minutes/
casing.
Drill 78-inch Cluster drill 7.5 days/shaft; 0 0 135 0
diameter shaft. DTH. 10 hours/day.
Center Wall--Access Platform 38 drilled Install 102-inch Rotary Drill.... 1 shaft/day; 1 0 0 38 0
Support \3\. shafts. diameter outer hour/day.
casing.
Pre-drill 102- Rotary Drill.... 1 shaft/day; 9 0 0 38 0
inch diameter hours/day.
socket.
Remove 102-inch Rotary Drill.... 1 casing/day; 0 0 38 0
outer casing. 15 minutes/
casing.
Drill 78-inch Cluster drill 3.5 days/shaft; 0 0 38 0
diameter shaft. DTH. 10 hours/day.
Center Wall--Temporary 6 drilled shafts 42-inch diameter Mono-hammer DTH. 1 shaft/day; 10 6 0 6 0
Launching Piles. shaft. hours/day.
Center Wall Tie Downs \3\.... Install 36 rock 9-inch diameter Mono-hammer DTH. 2 holes/day; 5 0 0 18 0
anchors. holes. hours/hole.
[[Page 15985]]
Center Wall--Access Platform Install 18 rock 9-inch diameter Mono-hammer DTH. 2 holes/day; 5 0 0 9 0
Tie Downs \3\. anchors. holes. hours/hole.
Center Wall--Install Tie-In 16 sheet piles.. 28-inch wide Z- Impact with 4 piles/day; 5 0 16 4 4
to Existing West Closure shaped sheets. initial minutes and
Wall. vibratory set. 300 blows/pile.
Berth 11 End Wall--Install 60 sheet piles.. 28-inch wide Z- Impact with 8 piles/day; 5 60 0 8 0
Secant Pile Guide Wall. shaped sheets. initial minutes and
vibratory set. 300 blows/pile.
Berth 1--Remove Granite Block 610 cy.......... Granite block Hydraulic rock 2.5 hours/day.. 0 0 NA 0
Quay Wall \4\. demolition. hammering.
P-310 West Closure Wall-- 238 sheet piles. 18-inch wide Vibratory 4 piles/day; 5 0 238 60 60
Remove Closure Wall. flat- sheets. extraction. minutes/pile.
P-310 West Closure Wall-- 985 cy.......... Excavate bedrock Hydraulic rock 9 hours/day.... 0 985 77 77
Mechanical Rock Excavation. hammering.
P-310 West Closure Wall-- Drill 500 relief 4-6 inch holes.. Mono-hammer DTH. 25 holes/day; 0 500 20 20
Mechanical Rock Excavation. holes. 24 minutes/
hole.
Drill 46 rock 42-inch diameter Mono-hammer DTH. 2 borings/day; 46 0 \5\ 24 0
borings (50 cy). casing. 5 hours/boring.
West closure wall--Berth 11 Drill 28 shafts. 42-inch diameter Mono-hammer DTH. 1 shaft/day.... 0 28 28 28
Abutment--Install Piles. casing. 10 hours/day...
Berth 11--Remove Shutter 112 panels...... Demolish shutter Hydraulic rock 5 hours/day.... 92 20 56 10
Panels. panels. hammering.
Berth 11 Face--Mechanical 3,500 cy........ Excavate Bedrock Hydraulic rock 12 hours/day... 700 2800 100 80
Rock Removal at Basin Floor. hammering.
Drill 1,277 4-6 inch holes.. Mono-hammer DTH. 27 holes/day; 300 977 48 37
relief holes 22.2 minutes/
\1\. hole.
Berth 11 Face--Mechanical Drill 365 rock 42-inch diameter Mono-hammer DTH. 2 borings/day; 0 365 183 183
Rock at Abutment. borings (1,220 casing. 5 hours/boring.
cy).
Dry Dock 1 North Entrance-- Drill 50 rock 9-inch holes.... Mono-hammer DTH. 2 holes/day; 2 0 25 25 25
Drill Tremie Tie Downs. anchors \1\. hours/hole.
Dry Dock 1 North Entrance-- Install 48 sheet 28-inch wide Z- Impact with 8 sheets/day; 5 0 48 6 6
Install Temporary Cofferdam. piles \1\. shaped sheets. initial minutes and
vibratory set. 300 blows/pile.
Berth 1--Remove Sheet Piles.. Remove 12 sheet 25-inch wide Z- Hydraulic rock 6 hours/day.... 0 12 3 3
piles. shaped sheets. hammering.
Berth 1 Top of Wall-- 30 lf........... Mechanical Hydraulic rock 10 hours/day... NA NA NA NA
Demolition For Waler concrete hammering.
Installation \6\. demolition.
Berth 1 Mechanical Rock 200 cy.......... Excavate Bedrock Hydraulic rock 13 cy/day; 12 0 200 39 39
Removal at Basin Floor \7\. hammering. hours/day.
Removal of Berth 1 Emergency 108 sheet piles. 25-inch wide Z- Vibratory 6 piles/day; 5 0 108 18 18
Repair Sheets \7\. shaped sheets. extraction. minutes/pile.
Removal of Berth 1 Emergency 500 cy.......... Mechanical Hydraulic rock 4 hours/day.... 0 500 15 15
Repair Tremie Concrete \7\. concrete hammering.
demolition.
---------------------------------------------------
Totals................... ................ ................ ................ ............... 1,244 6,862 1,278 744
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The amount of this activity was adjusted in a memo describing project modifications and shifting Fleet submarine schedules that was submitted to
NMFS on October 31, 2022. The memo can be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine</a>-0.
\2\ The schedule for this work shifted as described in the aforementioned memo submitted to NMFS on October 31, 2022. This activity is now addressed in
the proposed rulemaking/LOA (January 18, 2023; 88 FR 3146).
\3\ These activities are no longer needed.
\4\ This activity is complete; it was performed above the water line. The underwater portion of this activity is addressed in the proposed rulemaking/
LOA (January 18, 2023; 88 FR 3146).
\5\ An additional day was added to account for equipment repositioning.
[[Page 15986]]
\6\ This activity is complete; it was performed above the water line.
\7\ This activity was added to the initial IHA in the aforementioned memo submitted to NMFS on October 31, 2022.
Description of Marine Mammals in the Area of Specified Activities
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
Notice of the Proposed IHA for the initial authorization (March 3,
2022, 87 FR 11860). NMFS has reviewed the monitoring data from the
initial IHA, recent draft Stock Assessment Reports, information on
relevant Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects
which species or stocks have the potential to be affected or the
pertinent information in the Description of the Marine Mammals in the
Area of Specified Activities contained in the supporting documents for
the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which the
authorization of take is proposed here may be found in the Notice of
the Proposed IHA for the initial authorization (March 3, 2022, 87 FR
11860). NMFS has reviewed the monitoring data from the initial IHA,
recent draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature, and determined that
neither this nor any other new information affects our initial analysis
of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Notices of the
Proposed (March 3, 2022, 87 FR 11860) and Final (April 6, 2022, 87 FR
19886) IHAs for the initial authorization. Specifically, the marine
mammal density and occurrence data applicable to this authorization
remain unchanged from the previously issued IHA. Similarly, the stocks
taken and types of take remain unchanged from the previously issued
IHA.
Since the initial IHA was issued, NMFS' updated its recommendations
on source pressure levels (SPL) to use when evaluating DTH systems (see
<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>; NMFS, 2022). NMFS
suggests that the root mean square (RMS) SPLs should increase from 167
dB to 174 decibels (dB) for DTH cluster hammering of 78-inch piles, and
that the RMS SPLs should decrease for DTH mono-hammering of 4- to 6-
inch piles from 167 dB to 156 dB. These changes would increase the
Level B harassment distances from 13,594 meters (m) (44,600 feet (ft))
to 39,811 m (130,614 ft) for cluster hammering of 78-inch piles, and
from 13,594 m (44,600 ft) to 2,512 m (8,241 ft) for mono-hammering of
4- to 6-inch piles. However, because the region of influence (ROI) for
this project is very small due to land masses in the proposed action
area that preclude sound from travelling more than approximately 870 m
(3,000 ft) from the source (see Figure 2 in the Notice of the Proposed
IHA for the initial authorization; March 3, 2022, 87 FR 11860), the
area of the Level B harassment isopleth remains unchanged (i.e., 0.417
kilometers squared (km\2\), 0.161 miles squared (mi\2\)).
NMFS has also reevaluated the data available on rock hammering
activities since the initial IHA was issued, and has proposed that the
RMS SPL increase from 184 dB to 186 dB and that the single strike Sound
Exposure Level (SELss) decrease from 175 dB to 171 dB (January 18,
2023, 88 FR 3146). The proposed RMS values increase the Level B
harassment distance and area for rock hammering activities from 398 m
(1,306 ft) and 0.165 km\2\ to 541 m (1,775 ft) and 0.278 km\2\,
respectively. The Level A harassment zone remains unchanged (0.417
km\2\, 0.161 mi\2\) due to the size of the ROI and influence of land
truncating sound near the proposed action area. Given the Level A
harassment zone is larger than the Level B harassment zone, no
additional takes by Level B harassment are proposed as they are already
proposed as takes by Level A harassment.
Tables 2, 3, and 4 provide the calculated proposed take by Level A
and Level B harassment for harbor porpoises, harbor seals, and grey
seals, respectively. Given that a subset of the initially covered
activities would be occurring, the number of days of operation, and
thus number of takes, has been reduced for each species. Note that the
final take numbers differ slightly from those provided in the Navy's
request for renewal of the IHA based on rounding errors found in the
request. Further, in the initial IHA that was issued, takes by Level B
harassment for harbor seals and grey seals were increased to more
accurately reflect the number of seal sightings reported in recent
monitoring reports. However, this adjustment has not been requested or
made for the proposed renewal IHA based on the reduction in the number
of construction days. The take calculation for hooded and harp seals
remains the same from the initial IHA (see the Notices of the Proposed
(March 3, 2022, 87 FR 11860) and Final (April 6, 2022, 87 FR 19886)
IHAs for the initial authorization for more information).
Table 2--Calculated Take by Level A and Level B Harassment of Harbor Porpoise by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Level A Level B
production harassment Takes by harassment Take by
Activity Total amount Method days under Density zone Level A zone Level B
renewal IHA (km\2\) harassment (km\2\) harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation 20 drilled shafts.. Rotary Drill....... 6 0.4 0.00001 0 0.41742 0
Support Piles. Rotary Drill....... 6 0.4 0.00025 0 0.41742 0
Rotary Drill....... 10 0.4 0.00000 0 0.41742 0
Cluster drill DTH.. 117 0.4 0.41742 2 0.41742 0
Center Wall--Install Tie-In to 16 sheet piles..... Initial vibratory 4 0.4 0.00045 0 0.41742 0
Existing West Closure Wall. set. 4 0.4 0.40341 0 0.41742 0
Impact.............
P-310 West Closure Wall--Remove 238 sheet piles.... Vibratory 60 0.4 0.00014 0 0.41742 1
Closure Wall. extraction.
[[Page 15987]]
P-310 West Closure Wall-- 985 cy............. Hydraulic rock 77 0.4 0.41742 1 0.277858 0
Mechanical Rock Excavation. hammering.
P-310 West Closure Wall-- Drill 500 relief Mono-hammer DTH.... 20 0.4 0.04811 0 0.41742 0
Mechanical Rock Excavation. holes.
West closure wall--Berth 11 Drill 28 shafts.... Mono-hammer DTH.... 28 0.4 0.41742 0 0.41742 0
Abutment--Install Piles.
Berth 11--Remove Shutter Panels. 112 panels......... Hydraulic rock 10 0.4 0.41742 0 0.277858 0
hammering.
Berth 11 Face--Mechanical Rock 3,500 cy........... Hydraulic rock 80 0.4 0.41742 1 0.277858 0
Removal at Basin Floor. hammering.
Drill 1,277 relief Mono-hammer DTH.... 37 0.4 0.04811 0 0.41742 1
holes.
Berth 11 Face--Mechanical Rock Drill 365 rock Mono-hammer DTH.... 183 0.4 0.41742 3 0.41742 0
at Abutment. borings (1,220 cy).
Dry Dock 1 North Entrance--Drill Drill 50 rock Mono-hammer DTH.... 25 0.4 0.03036 0 0.41742 0
Tremie Tie Downs. anchors.
Dry Dock 1 North Entrance-- Install 48 sheet Initial vibratory 6 0.4 0.00104 0 0.41742 0
Install Temporary Cofferdam. piles. set. 6 0.4 0.41742 0 0.41742 0
Impact.............
Berth 1--Remove Sheet Piles..... Remove 12 sheet Hydraulic rock 3 0.4 0.41742 0 0.277858 0
piles. hammering.
Berth 1 Mechanical Rock Removal 200 cy............. Hydraulic rock 39 0.4 0.41742 1 0.277858 0
at Basin Floor. hammering.
Removal of Berth 1 Emergency 108 sheet piles.... Vibratory 18 0.4 0.00073 0 0.41742 0
Repair Sheets. extraction.
Removal of Berth 1 Emergency 500 cy............. Hydraulic rock 15 0.4 0.41742 0 0.277858 0
Repair Tremie Concrete. hammering.
-----------------------------------------------------------------------------
Total Estimated Take........ ................... ................... ........... ........... ........... 10 ........... 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Calculated Take by Level A and Level B Harassment of Harbor Seal by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Level A Level B
production harassment Takes by harassment Take by
Activity Total amount Method days under Density zone Level A zone Level B
renewal IHA (km\2\) harassment (km\2\) harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation 20 drilled shafts.. Rotary Drill....... 6 3 0.00001 0 0.41742 8
Support Piles. Rotary Drill....... 6 3 0.00009 0 0.41742 8
Rotary Drill....... 10 3 0.00000 0 0.41742 13
Cluster drill DTH.. 117 3 0.41742 146 0.41742 0
Center Wall--Install Tie-In to 16 sheet piles..... Initial vibratory 4 3 0.00008 0 0.41742 5
Existing West Closure Wall. set. 4 3 0.20116 2 0.41742 3
Impact.............
P-310 West Closure Wall--Remove 238 sheet piles.... Vibratory 60 3 0.00002 0 0.41742 75
Closure Wall. extraction.
P-310 West Closure Wall-- 985 cy............. Hydraulic rock 77 3 0.41742 96 0.277858 0
Mechanical Rock Excavation. hammering.
P-310 West Closure Wall-- Drill 500 relief Mono-hammer DTH.... 20 3 0.01455 1 0.41742 24
Mechanical Rock Excavation. holes.
West closure wall--Berth 11 Drill 28 shafts.... Mono-hammer DTH.... 28 3 0.41742 35 0.41742 0
Abutment--Install Piles.
Berth 11--Remove Shutter Panels. 112 panels......... Hydraulic rock 10 3 0.41742 13 0.277858 0
hammering.
Berth 11 Face--Mechanical Rock 3,500 cy........... Hydraulic rock 80 3 0.41742 100 0.277858 0
Removal at Basin Floor. hammering.
Drill 1,277 relief Mono-hammer DTH.... 37 3 0.01455 2 0.41742 45
holes.
Berth 11 Face--Mechanical Rock Drill 365 rock Mono-hammer DTH.... 183 3 0.41742 229 0.41742 0
at Abutment. borings (1,220 cy).
Dry Dock 1 North Entrance--Drill Drill 50 rock Mono-hammer DTH.... 25 3 0.00903 1 0.41742 31
Tremie Tie Downs. anchors.
Dry Dock 1 North Entrance-- Install 48 sheet Initial vibratory 6 3 0.00104 8 0.41742 0
Install Temporary Cofferdam. piles. set. 6 3 0.36495 7 1.50227 1
Impact.............
[[Page 15988]]
Berth 1--Remove Sheet Piles..... Remove 12 sheet Hydraulic rock 3 3 0.41742 4 0.277858 0
piles. hammering.
Berth 1 Mechanical Rock Removal 200 cy............. Hydraulic rock 39 3 0.41742 49 0.277858 0
at Basin Floor. hammering.
Removal of Berth 1 Emergency 108 sheet piles.... Vibratory 18 3 0.00014 0 0.41742 23
Repair Sheets. extraction.
Removal of Berth 1 Emergency 500 cy............. Hydraulic rock 15 3 0.41742 19 0.277858 0
Repair Tremie Concrete. hammering.
-----------------------------------------------------------------------------
Total Estimated Take........ ................... ................... ........... ........... ........... 704 ........... 244
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Calculated Take by Level A and Level B Harassment of Grey Seal by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Level A Level B
production harassment Takes by harassment Take by
Activity Total amount Method days under Density zone Level A zone Level B
renewal IHA (km\2\) harassment (km\2\) harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation 20 drilled shafts.. Rotary Drill....... 6 0.02 0.00001 0 0.41742 1
Support Piles. Rotary Drill....... 6 0.02 0.00009 0 0.41742 1
Rotary Drill....... 10 0.02 0.00000 0 0.41742 1
Cluster drill DTH.. 117 0.02 0.41742 10 0.41742 0
Center Wall--Install Tie-In to 16 sheet piles..... Initial vibratory 4 0.02 0.00008 0 0.41742 0
Existing West Closure Wall. set. ........... ........... ........... ........... ........... ...........
Impact............. 4 0.02 0.20116 0 0.41742 0
P-310 West Closure Wall--Remove 238 sheet piles.... Vibratory 60 0.02 0.00002 0 0.41742 5
Closure Wall. extraction.
P-310 West Closure Wall-- 985 cy............. Hydraulic rock 77 0.02 0.41742 6 0.277858 0
Mechanical Rock Excavation. hammering.
P-310 West Closure Wall-- Drill 500 relief Mono-hammer DTH.... 20 0.02 0.01455 0 0.41742 2
Mechanical Rock Excavation. holes.
West closure wall--Berth 11 Drill 28 shafts.... Mono-hammer DTH.... 28 0.02 0.41742 2 0.41742 0
Abutment--Install Piles.
Berth 11--Remove Shutter Panels. 112 panels......... Hydraulic rock 10 0.02 0.41742 1 0.277858 0
hammering.
Berth 11 Face--Mechanical Rock 3,500 cy........... Hydraulic rock 80 0.02 0.41742 7 0.277858 0
Removal at Basin Floor. hammering.
Removal at Basin Floor.......... Drill 1,277 relief Mono-hammer DTH.... 37 0.02 0.01455 0 0.41742 3
holes.
Berth 11 Face--Mechanical Rock Drill 365 rock Mono-hammer DTH.... 183 0.02 0.41742 15 0.41742 0
at Abutment. borings (1,220 cy).
Dry Dock 1 North Entrance--Drill Drill 50 rock Mono-hammer DTH.... 25 0.02 0.00903 0 0.41742 2
Tremie Tie Downs. anchors.
Dry Dock 1 North Entrance-- Install 48 sheet Initial vibratory 6 0.02 0.00104 0 0.41742 1
Install Temporary Cofferdam. piles. set. ........... ........... ........... ........... ........... ...........
Impact............. 6 0.02 0.36495 0 0.277858 0
[[Page 15989]]
Berth 1--Remove Sheet Piles..... Remove 12 sheet Hydraulic rock 3 0.02 0.41742 0 0.277858 0
piles. hammering.
Berth 1 Mechanical Rock Removal 200 cy............. Hydraulic rock 39 0.02 0.41742 3 0.277858 0
at Basin Floor. hammering.
Removal of Berth 1 Emergency 108 sheet piles.... Vibratory 18 0.02 0.00014 0 0.41742 2
Repair Sheets. extraction.
Removal of Berth 1 Emergency 500 cy............. Hydraulic rock 15 0.02 0.41742 1 0.277858 0
Repair Tremie Concrete. hammering.
-----------------------------------------------------------------------------
Total Estimated Take........ ................... ................... ........... ........... ........... 45 ........... 18
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5 summarizes the proposed take for authorization for all
species described as a percentage of stock abundance.
Table 5--Proposed Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
Proposed Level Proposed Level Percent of
Species Stock (NEST) A harassment B harassment stock
----------------------------------------------------------------------------------------------------------------
Harbor porpoise.................... Gulf of Maine/Bay of Fundy 10 2 <0.1
(95,543).
Harbor seal........................ Western North Atlantic 695 240 <0.1
(61,336).
Gray seal.......................... Western North Atlantic 45 18 <0.1
(27,300).
Hooded seal........................ Western North Atlantic 0 5 <0.1
(593,500).
Harp seal.......................... Western North Atlantic (7.6 0 5 <0.1
million).
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the FR Notice announcing the issuance of the initial IHA
(April 6, 2022, 87 FR 19886), and the discussion of the least
practicable adverse impact included in that document remains accurate.
The same measures are proposed for this renewal and are summarized
here:
<bullet> The Navy must delay pile driving activities should poor
environmental conditions restrict full visibility of the applicable
shutdown zones;
<bullet> The Navy must ensure that all construction supervisors and
crews, the monitoring team, and relevant Navy staff are trained prior
to commencing work;
<bullet> The Navy must implement a 10 m shutdown zone around
construction activities to avoid direct physical interaction with
marine mammals;
<bullet> The Navy must establish and implement shutdown and
monitoring zones for all pile driving activities based on the activity
type and marine mammal hearing group (see Table 13 in the FR Notice
announcing the issuance of the initial IHA (April 6, 2022, 87 FR 19886)
for the proposed shutdown and monitoring zones);
<bullet> The Navy must implement soft start techniques while impact
driving whereby hammer energy is gradually ramped up;
<bullet> The Navy must install a bubble curtain across any openings
at the entrance of super flood basin to attenuate sound for the sound
sources that encompass the entire ROI, which include during DTH
excavation (DTH mono-hammer and cluster drill), hydraulic rock
hammering, and impact pile driving of sheet piles;
<bullet> The Navy must employ at least three protected species
observers (PSOs) to monitor the shutdown and monitoring zones;
<bullet> The Navy must monitor for the presence of marine mammals
30 minutes prior to the initial pile-driving activity (i.e., pre-start
clearance monitoring) through 30 minutes post-completion of pile
driving activity. If a marine mammal is observed entering or within the
shutdown zones, pile driving will be delayed or halted;
<bullet> The Navy will delay or halt pile driving activities upon
observation of either a species for which incidental take is not
authorized or a species for which incidental take has been authorized
but the authorized number of takes has been met, entering or within the
harassment zone;
<bullet> The Navy will conduct a sound source verification study
for rotary drilling, DTH excavation (DTH mono-hammer and cluster
drill), and rock hammering activities for any remaining piles required
to be monitored following their acoustic monitoring plan as
[[Page 15990]]
described in the FR Notice announcing the issuance of the initial IHA
(April 6, 2022, 87 FR 19886);
<bullet> The Navy must submit a draft report detailing all
monitoring within ninety calendar days of the completion of marine
mammal monitoring or sixty days prior to the issuance of any subsequent
IHA for this project, whichever comes first;
<bullet> The Navy must prepare and submit final report within
thirty days following resolution of comments on the draft report from
NMFS;
<bullet> The Navy must submit all PSO datasheets and/or raw
sighting data (in a separate file from the Final Report referenced
immediately above); and
<bullet> The Navy must report injured or dead marine mammals.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA
(March 3, 2022, 87 FR 11860) and solicited public comments on both our
proposal to issue the initial IHA for the Navy's construction
activities and on the potential for a renewal IHA, should certain
requirements be met. During the 30-day public comment period, NMFS
received no comments on either the proposal to issue the initial IHA
for the Navy's construction activities or on the potential for a
renewal IHA.
Preliminary Determinations
The proposed renewal request consists of a subset of activities
analyzed through the initial authorization described above. In
analyzing the effects of the activities for the initial IHA, NMFS
determined that the Navy's activities would have a negligible impact on
the affected species or stocks and that authorized take numbers of each
species or stock were small relative to the relevant stocks (e.g., less
than one-third the abundance of all stocks). Although new SPL
information became available for DTH and rock hammering, none of this
new information affects NMFS' determinations supporting issuance of the
initial IHA. The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) 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.
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.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to the Navy for construction activities associated
with the multifunctional expansion of Dry Dock 1 project at Portsmouth
Naval Shipyard in Kittery, from the date of issuance through March 31,
2024, provided the previously described mitigation, monitoring, and
reporting requirements are incorporated. A draft of the proposed and
final initial IHA can be found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request comment on our analyses, the proposed renewal IHA, and
any other aspect of this notice. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
Dated: March 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-05263 Filed 3-14-23; 8:45 am]
BILLING CODE 3510-22-P
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