Notice2024-05465
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia
Primary source
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Published
March 14, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Navy for authorization to take small numbers of marine mammals incidental to construction activities associated with the replacement of the Q8 bulkhead at Naval Station Norfolk over the course of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Navy's application and request.
Full Text
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<title>Federal Register, Volume 89 Issue 51 (Thursday, March 14, 2024)</title>
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[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Notices]
[Pages 18605-18606]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05465]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD498]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Naval Station Norfolk in
Norfolk, Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Navy for
authorization to take small numbers of marine mammals incidental to
construction activities associated with the replacement of the Q8
bulkhead at Naval Station Norfolk over the course of 5 years from the
date of issuance. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's
request for the development and implementation of regulations governing
the incidental taking of marine mammals. NMFS invites the public to
provide information, suggestions, and comments on the Navy's
application and request.
DATES: Comments and information must be received no later than April
15, 2024.
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#450c11156b062a262e37202929052b2a24246b222a33"><span class="__cf_email__" data-cfemail="97dec3c7b9d4f8f4fce5f2fbfbd7f9f8f6f6b9f0f8e1">[email protected]</span></a>. An electronic copy of the Navy's application may
be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing the document, please call the
contact listed below.
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. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</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: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
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
[[Page 18606]]
regulations are issued or, if the taking is limited to harassment, a
notice of a proposed authorization is provided to the public for
review.
An incidental take authorization shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On September 14, 2022, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities related to demolition and construction
activities associated with the replacement of the Q8 bulkhead at Naval
Station Norfolk. Following NMFS' review of the application, the Navy
provided responses to our questions on December 15, 2023. A revised
version of the application was submitted on January 5, 2024 and the
application was deemed adequate and complete on February 23, 2024. The
requested regulations would be valid for 5-years, from January 1, 2025
through December 31, 2029. The Navy plans to conduct necessary work,
including vibratory pile driving and removal and impact pile driving to
remove aging components of the bulkhead and replacing the tongue and
groove sheet piles between Piers 11 and 14 and areas to the north of
Pier 14. The proposed action may incidentally expose marine mammals
occurring in the vicinity to elevated levels of underwater sound,
potentially resulting in incidental take, by Level B harassment.
Therefore, the Navy requests an authorization to incidentally take
marine mammals.
Specified Activities
The Navy is proposing to remove old components of the Q8 bulkhead
at Naval Station Norfolk and replace those with new to maintain the use
and lifespan of the bulkhead from Pier 11 to the northern jetty just
past Pier 14. Work would be conducted over three phases. The entire
project scope includes the removal of 378 existing piles from the old
bulkhead and installation of 836 piles to construct the new bulkhead
structure. The Navy expects construction will require approximately 212
in-water workdays over the 5-year period.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Navy, if appropriate.
Dated: March 11, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-05465 Filed 3-13-24; 8:45 am]
BILLING CODE 3510-22-P
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