Notice2024-24763
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Replacement of Pier 302 at Naval Base Point Loma, San Diego, California
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
October 24, 2024
Effective
September 30, 2024
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 to incidentally harass marine mammals during construction activities associated with pile driving at the Point Loma Naval Base in San Diego, CA.
Full Text
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<title>Federal Register, Volume 89 Issue 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84868-84871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24763]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE397]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Replacement of Pier 302 at Naval
Base Point Loma, San Diego, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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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 incidental harassment authorization
(IHA) to the U.S Navy to incidentally harass marine mammals during
construction activities associated with pile driving at the Point Loma
Naval Base in San Diego, CA.
DATES: This authorization is effective from the date of issuance to
September 30, 2024.
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
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 these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Summer Owens, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The 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
[[Page 84869]]
engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and either
regulations are promulgated 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''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and the NMFS's implementing regulations (see 16
U.S.C. 1362; 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 IHA, 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 of an 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); and
<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="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://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.
Summary of Request
On October 1, 2023, NMFS issued an IHA to the U.S. Navy to take
marine mammals incidental to construction associated with the
replacement of Pier 302 at Naval Base Point Loma in San Diego,
California (88 FR 6703, February 1, 2023), effective from October 1,
2023, through September 30, 2024. On July 31, 2024, NMFS received an
application for the renewal of that initial IHA. 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 preliminary monitoring data which
confirm 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
The planned activities for this project are a subset of previously
planned activities consisting of activities that were not completed in
the initial IHA. There are still 17, 6-inch steel round piles to
install using a vibratory hammer which will be completed over 2 days.
All other aspects (including mitigation, monitoring, and reporting),
species for which take is authorized, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of the project is to replace Pier 302 which provides
the U.S. Navy's marine mammal program with adequate facilities to house
its marine mammals and provide a safe working environment for personnel
to support the U.S. Navy's overall mission to maintain, train, and
equip combat ready Naval forces. The location, timing, and nature of
the activities, including the types of equipment planned for use, are
identical to those described in the initial IHA.
Species that are expected to be taken incidental to pile driving
activity, by Level B harassment only, are California sea lion (Zalophus
californianus), northern elephant seal (Mirounga angustirostris),
harbor seal (Phoca vitulina), bottlenose dolphin (Tursiops truncatus),
Pacific white-sided dolphin (Lagenorhynchus obliquidens), and common
dolphin (Delphinus delphis). Take was calculated using the same method
as for the initial IHA, but reflecting the reduced amount of activity,
i.e., only installing 17, 6-inch round steel piles.
Description of the Specified Activity
A detailed description of the demolition and construction
activities for which take is requested here may be found in the
proposed renewal notice (89 FR 80228, October 2, 2024) and
[[Page 84870]]
notices of the proposed (87 FR 68442, November 15, 2022) and final (88
FR 6703, February 1, 2023) IHAs for the initial authorization. Since
that time, no changes have been made to the planned activities.
Therefore, a detailed description is not provided here. Please refer to
that Federal Register notice for the description of the specific
activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the U.S Navy was
published in the Federal Register on October 2, 2024 (89 FR 80228).
That notice described, in detail, the U.S Navy's activity, the marine
mammal species that may be affected by the activity, and the
anticipated effects on marine mammals. In that notice, we requested
public input on the request for authorization described therein, our
analyses, the proposed authorization, and any other aspect of the
notice of proposed IHA, and requested that interested persons submit
relevant information, suggestions, and comments. During the 15-day
public comment period, NMFS did not receive any public comments.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notices of the proposed and final IHAs for the initial authorization.
NMFS has reviewed the monitoring data from the initial IHA, draft 2023
Stock Assessment Reports, information on relevant Unusual Mortality
Events, and other scientific literature, and determined there is no new
information that 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 an
authorization of incidental take is requested here may be found in the
notices of the proposed and final IHAs for the initial authorization.
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
there is no new information that 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 and final IHAs for the initial authorization. Specifically,
the source levels, days of operation, and marine mammal occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the previously issued IHA. As noted above,
the amount of estimated take requested for authorization here is lower
than that authorized through the initial IHA, corresponding with the
subset of activity remaining for completion.
To calculate take, the U.S. Navy estimated average occurrence of
each species based on previous nearby completed Navy projects and
multiplied it by the number of total piles driving days to get their
estimated potential take for authorization. Under the initial IHA 32
days of pile driving were planned, but only 30 days' worth of pile work
were completed. There are now 2 days of pile work remaining, with the
same estimated abundance numbers used and multiplied by 2 days of pile
driving work to produce take estimates for the renewal IHA (table 1).
Table 1--Authorized Amount of Taking by Level A/B Harassment, by Species
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Expected
average Initial Renewal
Species individuals authorized authorized
per day take take
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California sea lion \1\......................................... 15 480 30
Harbor seal \1\................................................. 1 32 2
Bottlenose dolphin \1\.......................................... 1 32 2
Common dolphin (Long- and Short-beaked) \2\..................... 9 288 18
Pacific white-sided dolphin \2\................................. 1 32 2
Northern elephant seal.......................................... \3\ (/) 7 1
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Total....................................................... .............. 871 55
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\1\ Average daily counts based on observations during Year 4 Fuel Pier Replacement Project Monitoring (NAVFAC SW
2017b).
\2\ Average daily counts based on observations during Year 2 Fuel Pier Replacement Project Monitoring (NAVFAC SW
2015).
\3\ Expected potential of two northern elephant seals over the duration of project activity with a +5 buffer.
Description Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA,
and the discussion of the least practicable adverse impact included in
that document and the notice of the proposed IHA remains accurate.
Determinations
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 affect 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 U.S. 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.
[[Page 84871]]
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA; 16 U.S.C. 1531
et seq.) requires that each Federal agency ensure 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 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.
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 evaluate our proposed action (the issuance of an IHA) and
alternatives with respect to potential impacts on the human
environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 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.
Authorization
NMFS has issued a renewal IHA to the U.S Navy for the potential
harassment of small numbers of six marine mammal species incidental to
the Replacement of Pier 302 at Naval Base Point Loma, San Diego,
California, that includes the previously explained mitigation,
monitoring and reporting requirements.
Dated: October 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-24763 Filed 10-23-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 24, 2024.
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