Notice2023-07164
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine
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Published
April 6, 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 incidental harassment authorization (IHA) to the U.S. Navy (Navy) to incidentally harass marine mammals incidental to construction activities associated with the multifunctional expansion of Dry Dock 1 project at Portsmouth Naval Shipyard in Kittery, Maine.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20493-20500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07164]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC893]
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; 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
[[Page 20494]]
that NMFS has issued a renewal incidental harassment authorization
(IHA) to the U.S. Navy (Navy) to incidentally harass marine mammals
incidental to construction activities associated with the
multifunctional expansion of Dry Dock 1 project at Portsmouth Naval
Shipyard in Kittery, Maine.
DATES: This renewal IHA is valid from April 1, 2023 through March 31,
2024.
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 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 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; 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>.
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 (87 FR 19886, April
6, 2022), 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. There
are no changes from the proposed authorization in this final
authorization.
Description of the Specified Activities and Anticipated Impacts
Multifunctional Expansion of Dry Dock 1 (P-381) is one of three
projects that support the overall expansion and modification of Dry
Dock 1, located in the western extent of the Portsmouth Naval Shipyard.
The two 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 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
[[Page 20495]]
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 (88
FR 3146, January 18, 2023).
The purpose of this 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 will 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 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 (87 FR 19886, April 6, 2022);
<bullet> Initial 2022 Proposed IHA (87 FR 11860, March 3, 2022);
<bullet> Initial IHA application and References;
<bullet> Letter of Authorization (LOA) Application Addendum Memo
(October 31, 2022); and
<bullet> 2023 Proposed renewal IHA (88 FR 15982, March 15, 2023).
All of these referenced documents are 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>.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the Federal Register notices of
the proposed (87 FR 11860, March 3, 2022) and final (87 FR 19886, April
6, 2022) IHAs for the initial authorization as well as in the LOA
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 covered under the
renewal IHA. This renewal IHA is effective for a period not exceeding 1
year from the date of expiration of the initial IHA.
Table 1--Status of Pile Driving and Drilling Activities
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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
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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.
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.
[[Page 20496]]
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. ................ Mono-hammer DTH. 24 minutes/ ........... ........... ........... ...........
Drill 46 rock 42-inch diameter hole. 46 0 \5\ 24 0
borings (50 cy). casing. 2 borings/day;
5 hours/boring.
West Closure wall--Berth 11 Drill 28 shafts. 42-inch diameter Mono-hammer DTH. 1 shaft/day; 10 0 28 28 28
Abutment--Install Piles. casing. 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. Drill 1,277 4-6 inch holes.. hammering. 27 holes/day; 300 977 48 37
relief holes Mono-hammer DTH. 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
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\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 (88 FR 3146, January 18, 2023).
\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 (88 FR 3146, January 18).
\5\ An additional day was added to account for equipment repositioning.
\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.
[[Page 20497]]
Description of Marine Mammals in the Area of Specified Activities
A description of the marine mammals in the area of the activities
for which take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the Notice of the
proposed IHA for the initial authorization (87 FR 11860, March 3,
2022). 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 authorized here may be found in the Federal
Register notice of the proposed IHA for the initial authorization (87
FR 11860, March 3, 2022). 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 Federal Register
notices of the proposed (87 FR 11860, March 3, 2022) and final (87 FR
19886, April 6, 2022) IHAs for the initial authorization as well as the
Federal Register notice of the proposed renewal IHA (88 FR 15982, March
15, 2023). 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
(SPLs) to use when evaluating DTH systems and reevaluated the data
available on rock hammering activities. Updates to recommended SPLs for
these activities, however, did not result in any changes to the
estimated take as described in the proposed renewal IHA (88 FR 15982,
March 15, 2023).
Tables 2, 3, and 4 provide the authorized 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 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 Federal Register notices
of the proposed (87 FR 11860, March 3, 2022) and final (87 FR 19886,
April 6, 2022) IHAs for the initial authorization for more
information).
Table 2--Authorized Take by Level A and Level B Harassment of Harbor Porpoise by Project Activity for the Renewal IHA
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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
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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.
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.............
[[Page 20498]]
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
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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.............
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 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
[[Page 20499]]
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. 4 0.02 0.20116 0 0.41742 0
Impact.............
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
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. 6 0.02 0.36495 0 0.41742 0
Impact.............
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 authorized take for all species described as
a percentage of stock abundance.
Table 5--Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
Level A Level B Percent of
Species Stock (NEST) harassment 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 Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in the authorization are identical to those included in
the FR Notice announcing the issuance of the initial IHA (87 FR 19886,
April 6, 2022), 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 (87 FR 19886, April 6, 2022)
[[Page 20500]]
for the 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 described
in the FR Notice announcing the issuance of the initial IHA (87 FR
19886, April 6, 2022);
<bullet> The Navy must submit a draft report detailing all
monitoring within 90 calendar days of the completion of marine mammal
monitoring or 60 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 30
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
A notice of NMFS' proposal to issue a renewal IHA to the Navy was
published in the Federal Register on March 15, 2023 (88 FR 15982). That
notice either described, or referenced descriptions of, the applicant'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 two comments that were
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 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 concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) the Navy's activities will not have an unmitigable adverse impact
on taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action; and, (5) appropriate
monitoring and reporting requirements are included.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our 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 construction activities associated with the
multifunctional expansion of Dry Dock 1 project at Portsmouth Naval
Shipyard in Kittery, Maine, effective through March 31, 2024.
Dated: March 31, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-07164 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on April 6, 2023.
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