Notice2024-27572
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Duckabush Estuary Restoration Project in Washington
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
November 25, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Army Corps of Engineers (USACE) for authorization to take marine mammals incidental to the Duckabush Estuary Restoration Project (DERP) in Hood Canal, Washington, for a period of 5 years (2025-2029). Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of USACE'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 USACE's application and request.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92907-92908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27572]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE482]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Duckabush Estuary Restoration Project in Washington
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.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Army Corps of
Engineers (USACE) for authorization to take marine mammals incidental
to the Duckabush Estuary Restoration Project (DERP) in Hood Canal,
Washington, for a period of 5 years (2025-2029). Pursuant to
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
is announcing receipt of USACE'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 USACE's application and request.
DATES: Comments and information must be received no later than December
26, 2024.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to <a href="/cdn-cgi/l/email-protection#b1f8e5e19fe1d0c4ddd8dfd4f1dfded0d09fd6dec7"><span class="__cf_email__" data-cfemail="8ac3dedaa4daebffe6e3e4efcae4e5ebeba4ede5fc">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method,
[[Page 92908]]
to any other address or individual, or received after the end of the
comment period. Comments received electronically, including all
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/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.
An electronic copy of USACE'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 these documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, 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 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 immitigable 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 April 17, 2024, NMFS received an application from the USACE
requesting authorization for take of marine mammals incidental to in-
water construction activities associated with the DERP in Hood Canal.
We provided comments on the application and the USACE submitted a
revised version on September 27, 2024. The application was deemed
adequate and complete on November 5, 2024. The requested regulations
under which we would issue the requested LOA would be valid for 5
years, November 2025 through October 2029. The USACE's DERP would
reconnect floodplain and intertidal wetlands to improve tidal exchange,
sediment transport, and estuary development plans to restore the
Duckabush River Estuary. Construction-related activities include
building temporary work platforms, bridge demolition, bridge
construction, road realignment, channel excavation, causeway and
training berms demolition. Construction activities are expected to
disturb nearby pinnipeds, resulting in incidental take by Level B
harassment only. Therefore, the USACE requests authorization to
incidentally take marine mammals.
Specified Activities
The purpose of the DERP is to reconnect floodplain and intertidal
wetlands to improve tidal exchange, sediment transport, and estuary
development plans to restore the Duckabush River Estuary. Construction-
related activities include building temporary work platforms, bridge
demolition, bridge construction, road realignment, channel excavation,
and causeway demolition.
The USACE anticipates construction will take up to 764 workdays
across 48 months to complete. Time estimates assume that construction
will operate 8 hours per day, 5 days per week for most of the project
and 12 hours per day, 7 days per week for some components of the work.
The number of work days per year would range from 28 (Year 1) to 263
(Years 2 and 3). Take by Level B harassment has been requested for
harbor seal (Phoca vitulina). The USACE's application contains
mitigation and monitoring measures designed to reduce impacts to marine
mammals. The application also contains proposed marine mammal
monitoring and reporting plans.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning USACE'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 USACE, if appropriate.
Dated: November 20, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-27572 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.