Notice2023-07026
Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to the Replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2023
Effective
April 1, 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 the U.S. Navy to harass marine mammals incidental to construction activities associated with the replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20133-20138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07026]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC878]
Takes of Marine Mammals Incidental To Specified Activities;
Taking Marine Mammals Incidental to the Replacement of Pier 3 at Naval
Station Norfolk in Norfolk, Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment authorization
(IHA).
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal IHA to the U.S. Navy to harass marine
mammals incidental to construction activities associated with the
replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia.
DATES: This renewal IHA is effective from April 1, 2023 through March
21, 2024.
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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
[[Page 20134]]
to NMFS) to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and either
regulations are issued or, if the taking is limited to harassment, an
incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a renewal for this activity, and
requested public comment on a potential renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time 1-year renewal IHA following notice to the public providing an
additional 15 days for public comments when (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On March 15, 2022, NMFS issued an IHA to the United States Navy
(Navy) to take marine mammals incidental to the replacement of Pier 3
at Naval Station Norfolk in Norfolk, Virginia (87 FR 15945), effective
from April 1, 2022 through March 31, 2023. On July 29, 2022, NMFS
received a request from the Navy for a modification to the Pier 3
replacement project IHA due to a change in the construction
contractor's plan to include concurrent pile driving and drilling
activities, and a modified IHA was issued to the Navy on January 18,
2023 (88 FR 2880). Hereafter, any references to the initial IHA (as
modified) refer to the modified IHA issued on January 18, 2023, while
the 2022 IHA will be referred to as the 2022 initial IHA. On February
23, 2023, NMFS received a request for the renewal of the initial IHA
(as modified). After discussion with the Navy, NMFS received a final
revised request to renew the initial IHA (as modified) on March 7,
2023. As described in that request, the activities for which incidental
take is authorized consist of a subset of the identical activities
covered in the initial authorization (as modified). As required, the
applicant also provided a preliminary monitoring report (available at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia">https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia</a>) 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. There are no changes from the proposed
authorization to the final authorization.
Description of the Specified Activities and Anticipated Impacts
The Navy is replacing Pier 3 at Naval Station (NAVSTA) Norfolk in
Norfolk, VA. The existing Pier 3 is being demolished and a new Pier 3
will be constructed immediately north of the existing location (see
Figure 1 in the Federal Register notice for the proposed 2022 initial
IHA; 87 FR 3976, January 26, 2022). Work at Pier 4, Pier 3T, and the
bulkheads associated with Pier 3 and 3T is necessary to support the
Pier 3 replacement. Pier 3 has been in a deteriorated state and does
not provide minimum operation requirements for NAVSTA Norfolk. In-water
work associated with Pier 4, including timber pile removal and concrete
pile installation, has been completed under the 2022 initial IHA. In
addition, concrete pile removal at Pier 3T will be completed by the
expiration of the initial IHA. However, in-water work associated with
construction of the CEP-176 and CEP-175 bulkheads, the CEP-102 bulkhead
and relieving platform, and the new Pier 3, as well as installation of
piles necessary for Pier 3T, will not be completed by the expiration
date of the initial IHA (as modified). During the renewal period, the
activities that will occur are the same as previously analyzed under
the initial IHA (as modified). These activities include the
installation of 42-inch (1.07 meters (m)) steel pipe piles, 28-inch
(0.71 m) steel sheet piles, 13-inch (0.33 m) polymeric piles, and 24-
inch (0.61 m) precast concrete piles. Pre-drilling may be used to set
the piles to depth. The remaining in-water construction associated with
these activities is planned to occur from April 1, 2023 through June
30, 2023.
[[Page 20135]]
Under the 2022 initial IHA, Level A and Level B harassment
resulting from pile driving and drilling activities was authorized for
harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), and
harbor porpoises (Phocoena phocoena). Level B harassment only resulting
from pile driving and drilling activities was authorized for bottlenose
dolphins (Tursiops truncatus) and humpback whales (Megaptera
novaeangliae). 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> 2023 final initial IHA (as modified) (88 FR 2880, January
18, 2023);
<bullet> 2023 proposed initial IHA (as modified) (87 FR 75600,
December 9, 2022);
<bullet> 2022 final initial IHA (87 FR 15945, March 21, 2022); and
<bullet> 2022 proposed initial IHA (87 FR 3976, January 26, 2022).
The 2022 initial IHA application, IHA modification request, 2022
initial IHA, initial IHA (as modified), and references are available at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia">https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia</a>.
Detailed Description of the Activity
A detailed description of the construction activities may be found
in the Federal Register notice associated with the issuance of the 2022
initial IHA (87 FR 3976, January 26, 2022). A description of the
concurrent pile driving activities associated with the initial IHA (as
modified) may be found in the Federal Register notice of issuance of
the initial IHA (as modified) (88 FR 2880, January 18, 2023). 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.
At the time of the renewal request, the following individual
activities have been completed for the following structures:
<bullet> Pier 4
[ssquf] Vibratory removal of 36 14-inch timber piles; and
[ssquf] Pre-drilling and impact installation of 36 24-inch precast
concrete square piles.
<bullet> Pier 3T
[ssquf] Vibratory removal of 87 14-inch timber piles; and
[ssquf] Vibratory removal of 196 18-inch precast concrete square
piles.
At the time of the renewal request, the following concurrent
activities have been completed for the following structures:
<bullet> Pier 3T and Pier 4
[ssquf] Vibratory removal of 14-inch timber and 18-inch concrete
piles and impact installation of 24-inch concrete piles; and
[ssquf] Vibratory removal of 14-inch timber and 18-inch concrete
piles and rotary drill of 24-inch concrete piles, with 90 concrete
piles remaining as noted about for Pier 3T.
<bullet> Pier 3T and Pier 3
[ssquf] Vibratory removal of 14-inch timber and 18-inch concrete
piles and impact installation of 24-inch concrete piles, with four
concrete piles remaining to be installed.
A detailed description of the planned in-water individual
activities and concurrent activities is provided in the Federal
Register notice for the proposed renewal IHA (88 FR 15675, March 14,
2023). Since that time, no changes have been made to the planned in-
water construction activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specific activities.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
proposed IHA for the initial authorization (87 FR 3976, January 26,
2022). NMFS has reviewed the monitoring data from the initial IHA (as
modified), 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 2022 initial IHA. The only changes indicated in the draft 2022 SARs
are that the Potential Biological Removal value for the gray seal
Western North Atlantic stock increased from 1,389 to 1,458, annual
mortality and serious injury of the harbor porpoise Gulf of Maine/Bay
of Fundy stock decreased from 217 to 164, and humpback whale Gulf of
Maine stock is no longer considered a strategic stock.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized may be found in the notices of the proposed IHA for the 2022
initial authorization. NMFS has reviewed the monitoring data from the
initial IHA (as modified), 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 individual activity are found in the notices of
the proposed and final IHAs for the initial authorization (87 FR 3976,
January 26, 2022; 87 FR 15945, March 21, 2022) and for the specified
concurrent activities, in the notices of the proposed and final initial
IHAs (as modified) (87 FR 75600, December 9, 2022; 88 FR 2880, January
18, 2023). Activities authorized under the renewal IHA are subject to
the same sound propagation boundaries as those analyzed for the 2022
initial IHA and initial IHA (as modified). The analysis of sound source
level and sound pressure level (SPL) propagation provided in the 2022
initial IHA and initial IHA (as modified) remain applicable to the
activities covered in this renewal IHA. Marine mammal density/
occurrence data applicable to this authorization remain unchanged from
the 2022 initial IHA.
Similarly, the stocks taken, methods of take, and types of take
remain unchanged from the previously issued initial IHA. The take
calculation method also remains the same, with the exception of fewer
days of activity than what was described in the initial IHA. The
approximate total number of operational days for this renewal IHA is 90
days as compared to the 280 days required for the project under the
initial IHA. The number of takes authorized through the renewal IHA are
indicated below in Table 1.
The total take number for bottlenose dolphins was estimated using
inshore seasonal densities provided in Engelhaupt et al. (2016) from
vessel line-transect surveys near NAVSTA Norfolk and adjacent areas
near Virginia
[[Page 20136]]
Beach, Virginia from August 2012 through August 2015. This density
includes sightings inshore of the Chesapeake Bay from NAVSTA Norfolk
west to the Thimble Shoals Bridge, and is the most representative
density for the project area. NMFS multiplied the density of 1.38
dolphins per square kilometer by the Level B harassment zone area for
each activity for the project, and then by the number of days
associated with that activity (see Table 1). The Level B harassment
zones increased as a result of concurrent pile driving activities;
therefore, calculated Level B harassment exposure estimates also
increased as a result. As described in the notice of the initial
proposed and issued IHA, there is insufficient information on relative
abundance to apportion the takes precisely to each of the three stocks
in the area. Therefore, the same approach as used in previous projects
(e.g., Hampton Roads Bridge Tunnel project (86 FR 17458, April 2,
2021), and the U.S. Navy Norfolk Maintenance Rule (86 FR 24340, May 6,
2021)) was used to estimate the appointment of takes to each of the
three bottlenose dolphin stocks that may be present in the area. Given
that most of the Northern North Carolina Estuarine Stock (NNCES) are
found in the Pamlico Sound Estuary, over 160 kilometers from Norfolk,
we conservatively estimated that no more than 200 of the authorized
takes will be from this stock. Since members of the northern migratory
coastal and southern migratory coastal stocks are thought to occur in
or near the Bay in greater numbers, we conservatively assume that no
more than half of the remaining takes will accrue to either of these
stocks. Additionally, a subset of these takes would likely be comprised
of the Chesapeake Bay resident dolphins, although the size of that
population is unknown.
Based upon the methodology for estimating take for the initial IHA
(as modified) (88 FR 2880, January 18, 2023), the Navy calculated
potential exposure to Level A harassment for gray seals by assuming 20
percent of potential take events would be by Level A harassment. As
only one take is estimated to occur under the renewal IHA, we assume
that individual take will be by Level B harassment only. Therefore, the
Navy did not request, and NMFS has not authorized, take by Level A
harassment for gray seals.
The total taking by Level B harassment of all species is predicted
to be the same or lower with concurrent activity scenarios due to a
lower number of construction days for concurrent activities; therefore,
the authorized take from individual activities represents the most
conservative take estimate.
Table 1--Authorized Take and Percent of Stock Authorized for Take
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Individual activities Concurrent activities
Species Stock ---------------------------------------------------------------- Percent of
Level A Level B Level A Level B stock \1\
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Bottlenose dolphin........................ Western North Atlantic 0 1,281 0 486 \2\ 19.3
Coastal, Northern Migratory.
Western North Atlantic 0 1,280 0 485 \2\ 34.1
Coastal, Southern Migratory.
Northern North Carolina 0 200 0 200 \2\ 24.3
Estuarine.
Harbor seal............................... Western North Atlantic...... 57 759 53 478 1.33
Gray seal................................. Western North Atlantic...... 0 1 0 1 0.004
Harbor porpoise........................... Gulf of Maine/Bay of Fundy.. 2 2 0 2 0.004
Humpback whale............................ Gulf of Maine............... 0 4 0 2 0.29
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\1\ Percent of stock calculation based upon the largest take calculation from either individual or concurrent activities.
\2\ Assumes multiple repeated takes of same individuals from a portion of each stock representing small numbers.
Description of Mitigation, Monitoring, and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the FR notice announcing the issuance of the 2022 initial IHA (87 FR
15945, March 21, 2022) for individual activities and the FR notice
announcing the issuance of the initial IHA (as modified) (88 FR 2880,
January 18, 2023) for concurrent activities, and the discussion of the
least practicable adverse impact included in that document remains
accurate. The same measures are included for this renewal and are
summarized here:
<bullet> The Navy must implement shutdown zones for all pile
driving and removal and drilling activities. Shutdown zones would vary
based upon the activity type and marine mammal hearing group, as shown
in Table 2 for individual activities and Table 3 for concurrent
activities. The Navy must shut down if any marine mammals come within
hearing group-specific shutdown zones;
<bullet> The Navy must implement impact pile driving soft-starts at
the beginning of each day's impact pile driving and at any time
following cessation of impact pile driving for a period of 30 minutes
or more. To implement soft-start, contractors will be required to
provide an initial set of three strikes from the hammer at reduced
energy, followed by a 30-second waiting period, then two subsequent
reduced energy strike sets;
<bullet> Protected Species Observers (PSOs) must monitor the
entirety of all shutdown zones as well as Level B harassment zones to
the extent practicable during all pile driving and removal and drilling
activities. Monitoring must be conducted by a minimum of two PSOs for
impact driving, and a minimum of three PSOs for vibratory and drilling
activities;
<bullet> Pre-activity monitoring must begin prior to the start of
daily in-water construction activities or whenever a break in pile
driving/removal of 30 minutes or longer occurs. Pre-activity and post-
activity monitoring must take place for a period of 30 minutes prior to
beginning construction activities and after construction activities are
complete for the day;
<bullet> Acoustic monitoring shall include two underwater positions
as well as be conducted in accordance with NMFS guidance for 10 percent
of each type of activity that has not previously been monitored at
NAVSTA Norfolk (see Table 4);
<bullet> The Navy must submit draft marine mammal and acoustic
monitoring reports to NMFS within 90 days after the completion of pile
driving and removal and drilling activities under the renewal IHA;
<bullet> The Navy must prepare and submit final monitoring reports
within 30 days following resolution of comments on the draft reports
from NMFS;
[[Page 20137]]
<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.
Table 2--Shutdown and Harassment Zones for Individual Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m)
------------------------------------------------ Harassment
Pile size, type, and method All other zone (m) \1\
Humpback whale Porpoises species
----------------------------------------------------------------------------------------------------------------
Impact Driving, 42-inch Steel Pipe Pile......... 1,005 500 200 1000
Vibratory Driving, 42-inch Steel Pipe Pile...... 50 120 50 15,850
Impact Driving, 28-inch Steel Sheet Piles....... 775 500 200 2,520
Vibratory Driving, 28-inch Steel Sheet Piles.... 65 65 65 13,600
Impact Driving, 13-inch Polymeric Piles......... 30 30 30 10
Vibratory Driving, 13-inch Polymeric Piles...... 30 30 30 6,310
Impact Driving, 24-inch Concrete Piles.......... 160 500 200 120
Vibratory Driving, 24-inch Concrete Piles....... 10 10 10 1,850
----------------------------------------------------------------------------------------------------------------
\1\ Rounded to the nearest 10 m.
Table 3--Shutdown and Harassment Zones for Concurrent Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m)
------------------------------------------------ Harassment
Pile sizes, type, and method All other zone (m) \1\
Humpback whale Porpoises species
----------------------------------------------------------------------------------------------------------------
Vibratory removal 18-inch concrete piles and 200 200 50 18,480
vibratory installation 42-inch steel pipe piles
Vibratory removal 18-inch concrete piles and pre- 45 45 30 7,360
drilling for preparation of 24-in concrete pile
install........................................
----------------------------------------------------------------------------------------------------------------
\1\ Rounded to the nearest 10 m.
Table 4--Acoustic Monitoring Summary \1\
----------------------------------------------------------------------------------------------------------------
Number
Pile type Count Method of install/removal monitored
----------------------------------------------------------------------------------------------------------------
13-inch polymeric............................. 9 Vibratory....................... 5
13-inch polymeric............................. 9 Impact.......................... 5
13-inch polymeric............................. 9 Drilling........................ 5
24-inch concrete.............................. 11 Impact.......................... 10
42-inch steel pipe............................ 103 Impact.......................... 10
42-inch steel pipe............................ 103 Vibratory....................... 10
28-inch steel sheet........................... 221 Impact.......................... 10
28-inch steel sheet........................... 221 Vibratory....................... 10
----------------------------------------------------------------------------------------------------------------
\1\ Acoustic monitoring will be conducted for activities for which measurements are needed.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to the U.S. Navy
was published in the Federal Register on March 14, 2023 (88 FR 15675).
That notice either described, or referenced descriptions of, the U.S.
Navy's activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring, and reporting measures. NMFS received one comment letter
from a private citizen that was not relevant to the scope of the
proposed action. No other comments were received.
Determinations
The renewal request consists of a subset of activities analyzed
through the initial IHA and initial IHA (as modified) described above.
The methods of determining estimated take, potential effects, and
required mitigation, monitoring, and reporting have not changed.
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). 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).
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA (as modified). 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
[[Page 20138]]
the affected stock abundances; (4) the Navy's activities will not have
an unmitigable adverse impact on taking for subsistence purposes as no
relevant subsistence uses of marine mammals are implicated by this
action, and; (5) appropriate monitoring and reporting requirements are
included.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our 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 determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is 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 the Navy for the take of marine
mammals incidental to pile driving and drilling activities at NAVSTA
Norfolk in Norfolk, VA, effective through March 31, 2024.
Dated: March 30, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-07026 Filed 3-31-23; 4:15 pm]
BILLING CODE 3510-22-P
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