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Notice2025-01617

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Oceanic and Atmospheric Administration Office of Marine and Aviation Operations Research Vessel Relocation at Naval Station Newport, Rhode Island

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Published

January 23, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS received a request from the U.S. Navy on behalf of the NOAA Office of Marine and Aviation Operations (OMAO) for the renewal of their currently active incidental harassment authorization (IHA) (hereinafter, the "Project") to take marine mammals incidental to construction activities associated with the relocation of NOAA research vessels at Naval Station Newport (NAVSTA) in Rhode Island. NOAA OMAO activities are nearly identical to those covered in the current authorization. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.

Full Text

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<title>Federal Register, Volume 90 Issue 14 (Thursday, January 23, 2025)</title>
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[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Pages 8009-8016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01617]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE522]

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to National Oceanic and Atmospheric
Administration Office of Marine and Aviation Operations Research Vessel
Relocation at Naval Station Newport, Rhode Island

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.

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SUMMARY: NMFS received a request from the U.S. Navy on behalf of the
NOAA Office of Marine and Aviation Operations (OMAO) for the renewal of
their currently active incidental harassment authorization (IHA)
(hereinafter, the ``Project'') to take marine mammals incidental to
construction activities associated with the relocation of NOAA research
vessels at Naval Station Newport (NAVSTA) in Rhode Island. NOAA OMAO
activities are nearly identical to those covered in the current
authorization. Pursuant to the Marine Mammal Protection Act (MMPA),
prior to issuing the currently active IHA, NMFS requested comments on
both the proposed IHA and the potential for renewing the initial
authorization if certain requirements were satisfied. The renewal
requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.

DATES: Comments and information must be received no later than February
7, 2025.

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#4d04191d63392c3421223f0d23222c2c632a223b"><span class="__cf_email__" data-cfemail="1b524f4b356f7a627774695b75747a7a357c746d">[email&#160;protected]</span></a>. 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 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</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: Jessica Taylor, 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 8010]]

engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and either
regulations are proposed or, if the taking is limited to harassment, a
notice of a proposed IHA is provided to the public for review.
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''); and requirements pertaining to the monitoring and
reporting of the takings. The definition of all applicable MMPA
statutory used above are included in the relevant sections below and
can be found in section 3 of the MMPA (16 U.S.C. 1362) and the NMFS's
implementing 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 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.
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.

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 a renewal
IHA) 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 preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.

History of Request

On December 21, 2022, NMFS announced issuance of an IHA to NOAA
OMAO to take marine mammals incidental to construction activities
associated with vessel relocation at NAVSTA in Newport, RI (87 FR
78072), effective from February 1, 2024 through January 31, 2025. On
November 15, 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 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.

Description of the Specified Activities and Anticipated Impacts

NOAA OMAO's initial IHA authorized take of marine mammals
incidental to construction activities associated with NOAA research
vessel relocation at NAVSTA in Newport, RI. NOAA OMAO plans to
establish adequate pier, shoreside, and support facilities for four
NOAA research vessels in Coddington Cove at NAVSTA. All facilities must
meet NOAA docking and berthing requirements for the four relocated
research vessels. As part of this activity, a new pier, trestle, and
bulkhead have been constructed over a total of approximately 191 days.
Due to unanticipated delays, NOAA OMAO will be unable to complete the
remaining activities before the expiration date of the current IHA. The

[[Page 8011]]

remaining necessary activities include removal of abandoned guide piles
along the bulkhead, demolition of the current floating dock,
installation of gangway support piles and fender piles, installation
and removal of piles for a construction template, and construction of a
small boat floating dock. Vibratory pile driving and removal, impact
pile driving, and down-the-hole (DTH) mono-hammer pile installation
would be used to complete these remaining construction activities.
Approximately 110 days would be necessary to complete these remaining
activities.
The potential impacts of NOAA OMAO's proposed activities on marine
mammals could involve acoustic stressors and are unchanged from the
impacts described in the notice of the proposed 2022 IHA (87 FR 66133,
November 2, 2022). Underwater sound resulting from NOAA OMAO's
activities has the potential to result in incidental take of marine
mammals in the form of Level A harassment and Level B harassment in the
specified geographic region.
This proposed renewal IHA is for the remainder of the work that
will not be completed by the expiration date of the initial IHA. The
renewal IHA would authorize incidental take, by Level A harassment and
Level B harassment, of seven species (comprising seven stocks) of
marine mammals for a subset of the construction activities to be
completed in 1 year, in the same area, using identical construction
methods (vibratory pile driving and removal, impact pile driving, and
DTH mono-hammer pile installation) described in the initial IHA.
Neither NOAA OMAO nor NMFS expect serious injury or mortality to result
from this activity and, therefore, an IHA is appropriate. The
anticipated effects on marine mammals and the affected stocks also
remain the same. All mitigation, monitoring, and reporting measures
would remain exactly as described in the Federal Register notice of the
initial IHA (87 FR 78072, December 21, 2022).

Detailed Description of the Activity

A detailed description of the construction activities for which
incidental take is proposed here may be found in the notices of the
proposed IHA (87 FR 66133, November 2, 2022) and final IHA (87 FR
78072, December 21, 2022) for the initial authorization. The location,
timing, and nature of the activities, including the types of equipment
planned for use, are nearly identical to those described in the
previous notices. The only differences are in the timing of activities,
as described here and in the renewal IHA request. The NOAA OMAO
proposed trestle rotary drilling, over a total of 4 in-water work days,
and mono-hammer DTH drilling for bulkhead construction, over a total of
12 in-water work days. These actions were not required once
construction activities began, thus there was a reduction of 16 in-
water work days. In addition, 57 of the 30-inch steel pipe piles for
the pier were installed incorrectly. These piles were cut at the
mudline, but 57 new 30-inch steel pipe piles needed to be installed
instead. The in-water work time for installing the 30-inch steel pipe
piles was 4 piles/day, leading to an additional 15 in-water work days
than was allotted for these piles. There was also a decrease of 45 in-
water work days due to the ability to use a construction template that
accommodates 12 piles instead of 4 piles. Lastly, construction
activities did not occur concurrently, as previously proposed, and
remaining construction activities are not proposed to occur
concurrently. The proposed renewal would be effective for a period not
exceeding 1 year from the date of expiration of the initial IHA.

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
Federal Register notice of the proposed initial IHA (87 FR 66133,
November 2, 2022). NMFS has reviewed the monitoring data from the
initial IHA, recent Stock Assessment Reports (SARs), 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 descriptions of marine mammals provided in the supporting
documents for the initial IHA. Since the initial IHA was issued, NMFS
released its final 2023 stock assessment reports (SARs). NMFS has
reviewed the 2023 SARs, which included updates to certain stock
abundances since the initial IHA was issued, information on relevant
unusual mortality events (UME), and other scientific literature. The
2023 SARs updated information related to stock abundance for the common
dolphin (172,974 to 93,100), harbor porpoise (95,543 to 85,765), and
hooded seal (stock abundance is now unknown based upon uncertainty in
available population estimates). Information related to the relatively
small portion of the gray seal population found in U.S. waters was also
updated. NMFS has determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or any other 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 proposed here may be found in the
notice of the proposed IHA for the initial authorization (87 FR 66133,
November 2, 2022). NMFS has reviewed the monitoring data from the
initial IHA, recent SARs, 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 used to estimate take for the
specified activity are found in the notices of the proposed and final
IHAs for the initial authorization (87 FR 66133, November 2, 2022; 87
FR 78072, December 21, 2022). Specifically, the action area and marine
mammal density and occurrence data applicable to this authorization
remain unchanged from the initial and modified IHA. Similarly, source
levels, type of activity, methods of take, and types of take remain
unchanged from the initial and modified IHA. However, there are changes
to the estimated Level A harassment zones based on the revised amount
of piles driven per day and the 2024 draft Technical Guidance, further
discussed below. The estimated number of takes proposed for
authorization is based on the subset of activities to be completed
under this renewal IHA, and therefore represents a proportion of the
initial authorized takes. These takes reflect the estimated remaining
number of days of work and number of piles to be driven. Estimated take
by Level A and Level B harassment was calculated using the same
methodology as in the initial and modified IHA.
On October 24, 2024 NMFS published (89 FR 84872) its final Updated
Technical Guidance (<a href="https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf">https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf</a>), which includes updated
thresholds and weighting functions to inform auditory injury estimates
and is

[[Page 8012]]

replacing the 2018 Technical Guidance referenced in the notices of the
proposed and final IHAs for the initial authorization (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022). In consideration of
the best available science, NMFS conducted calculations using the
Updated Technical Guidance and NMFS optional user spreadsheet, using
the source levels and spreadsheet inputs provided in the notices for
the proposed and final IHAs (87 FR 66133, November 2, 2022; 87 FR
78072, December 21, 2022), for the purpose of understanding how Level A
harassment (auditory injury) zones might change from the initial IHA.
The relevant updated weighting functions may be found in the executive
summary of the Updated Technical Guidance NMFS, 2024), on pg. 3. The
updated marine mammal hearing groups and updated thresholds can be
found in tables 1 and 2.

Table 1--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on ~65 dB threshold from composite audiogram, previous
analysis in NMFS 2018, and/or data from Southall et al., 2007;
Southall et al., 2019. Additionally, animals are able to detect very
loud sounds above and below that ``generalized'' hearing range.

Table 2--Onset of Auditory Injury (AUD INJ)
[NMFS, 2024]
----------------------------------------------------------------------------------------------------------------
AUD INJ onset thresholds * (received level)
Hearing group -------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.......... Cell 1: L0-pk,flat: 222 Cell 2: LE,LF,24h: 197 dB.
dB; LE,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans......... Cell 3: L0-pk,flat: 230 Cell 4: LE,HF,24h: 201 dB.
dB; LE,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans... Cell 5: L0-pk,flat: 202 Cell 6: LE,VHF,24h: 181 dB.
dB; LE,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater).... Cell 7: L0-pk.flat: 223 Cell 8: LE,PW,24h: 195 dB.
dB; LE,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater)... Cell 9: L0-pk,flat: 230 Cell 10: LE,OW,24h: 199 dB.
dB; LE,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
exposure level (LE,) has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to be
more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying
exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate
the conditions under which these thresholds will be exceeded.

NMFS has also considered whether modifications to mitigation
requirements, i.e., shutdown zones, would be appropriate in light of
the Updated Technical Guidance. Based on the outcome of these analyses
using the Updated Technical Guidance, updated Level A harassment zones
are presented in table 3 as well as the Level A harassment zones from
the initial IHA, based on the 2018 Technical Guidance, for comparison.
Mitigation zones, in consideration of the Updated Technical Guidance
where appropriate, are discussed in Description of Proposed Mitigation,
Monitoring, and Reporting Measures section. Although some estimated
Level A harassment zones have increased using the 2024 guidance,
consistent with the initial IHA, take by Level A harassment for these
species is not expected to exceed the amount of take initially
authorized, in consideration of the reduced number of days of
construction activity remaining. Maximum distances to the Level A
harassment threshold for remaining construction activities are shown in
table 3.

Table 3--Remaining Construction Activities and Maximum Distances to the Level A Harassment Thresholds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment distance (m) (auditory injury onset)
Number of Total \1\
Structure Pile size/type piles Activity days --------------------------------------------------------
Hf cetaceans \2\ Vhf cetaceans \2\ Phocids
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abandoned guide piles along 12-inch steel pipe 3 Vibratory extract 1 1.8 (0.3) 3.9 (5.3) 6.2 (2.2)
bulkhead. pile. (non-impulsive).
Floating dock demolition........ 12-inch timber 4 Vibratory extract 1 1.4 (0.2) 3.0 (4.0) 4.7 (1.7)
pile. (non-impulsive).

[[Page 8013]]

Fender Piles.................... 16-inch steel pipe 96 Vibratory install/ 48 5.0 (1.1) 10.6 (18.7) 16.8 (7.7)
template pile. extract (non-
impulsive).
16-inch steel pipe 201 Vibratory install 48 6.6 (0.9) 13.9 (14.3) 22.0 (5.9)
pile. (non-impulsive).
Gangway support piles \3\....... 18-inch steel pipe 4 Vibratory/impact 2 4.1 (0.7) 8.8 (11.8) 13.8 (4.8)
pile. (non-impulsive/
impulsive).
4 Impact install 2 68.8 (19.3) 834.6 (644.8) 479.1 (289.7)
(impulsive).
Small Boat Floating Dock........ 36-inch steel 2 Vibratory install 2 30.4 (5.2) 64.6 (86.6) 101.8 (35.6)
casing/shaft (non-impulsive).
guide pile with
rock socket.
2 Impact install 2 127.0 (35.5) 1,539.8 (1,189.5) 883.9 (534.4)
(impulsive).
2 DTH mono-hammer 2 260.9 (73.0) 3,164.2 (2,444.5) 1,816.5 (1,098.2)
(impulsive/non-
impulsive).
16-inch steel pipe 4 Vibratory install/ 2 6.6 (1.1) 13.9 (18.7) 22.0 (7.7)
template pile. extract (non-
impulsive).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A harassment zones from the initial IHA are shown in parentheses.
\2\ Hf cetaceans = high-frequency cetaceans; vhf cetaceans = very high frequency cetaceans.
\3\ Gangway support piles would be in support of the small boat floating dock.

In this proposed renewal, use of the Updated Technical Guidance
results in changes to the estimated Level A harassment zones, but there
are no changes to the estimated Level B harassment zones. The updated
Level A harassment zones are used to inform our understanding of
potential take by Level A harassment. In table 4, total take numbers
are based on the methodology that was included in the previous
authorizations, incorporating the previously described changes (number
of piles per day and the Updated Technical Guidance). Takes are a
proportion of the initial authorized takes and based on the days of
work included in this renewal IHA. Level A harassment numbers have been
held constant in reflection of the increases to estimated Level A
harassment zone sizes. Proposed mitigation zones, in consideration of
the updated isopleths, are discussed in the Proposed Mitigation
section.
The number of takes proposed for authorization are a subset of the
initial authorized takes, reflective of the updated generalized hearing
ranges and distances to the Level A harassment threshold. The source
levels, stocks taken, density values, methods of take, and types of
take remain unchanged from the initial IHA. Estimated takes by Level A
harassment and Level B harassment, based upon the number of remaining
in-water work days, are indicated in table 4.

Table 4--Proposed Number of Takes Level A Harassment and Level B Harassment, by Species and Stock and Percent of Take by Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 authorized take 2024 proposed renewal
----------------------------------------------------------------------------
Species Scientific name Stock Abundance Proposed take Proposed take
Take by Level Take by Level by Level A by Level B Max percent
A harassment B harassment harassment harassment population
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin Lagenorhynchus Western North \1\ 93,233 0 16 0 \2\ (3) 16 0.017
acutus. Atlantic.
Common dolphin.............. Delphinus Western North \1\ 93,100 0 39 0 \2\ (10) 28 0.030
delphis. Atlantic.
Harbor porpoise............. Phocoena Gulf of Maine/ \1\ 85,765 2 40 2 11 0.015
phocoena. Bay of Fundy.
Harbor seal................. Phoca vitulina. Western North 61,336 56 2,067 56 536 0.965
Atlantic.
Gray seal................... Halichoerus Western North \3\ 27,911 11 437 11 113 0.444
grypus. Atlantic.
Harp seal................... Pagophilus Western North 7.6 M 4 164 4 43 0.00006
groenlandicus. Atlantic.
Hooded seal................. Cystophora Western North UNK 0 10 0 \4\ 5 UNK
cristata. Atlantic.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This estimate has been updated in the 2023 final stock assessment report.
\2\ Proposed take has been increased to mean group size (NUWC, 2017) for each species for which take estimates are less than mean group size. Calculated
take estimate is in parentheses.
\3\ This abundance estimate applies to the U.S. population only. The maximum percent population requested for take is based upon the total stock
abundance for the U.S. and Canada which is approximately 394,311 seals.
\4\ In the initial IHA, NOAA OMAO conservatively requested 1 take by Level B harassment of hooded seal per month of construction when this species may
occur in the project area (January through May). Although NOAA OMAO estimated 1 take by Level B harassment of hooded seal for this renewal request,
NMFS has increased this proposed take to 1 take by Level B harassment of hooded seal per month, January through May.

[[Page 8014]]

Description of Proposed Mitigation, Monitoring and Reporting Measures

The mitigation, monitoring, and reporting measures proposed here
are identical to those included in the Federal Register notice
announcing the issuance of the initial IHA (87 FR 78072, December 21,
2022). In addition, the discussion of the least practicable adverse
impact included in those documents as well as the notice of the
proposed IHA (87 FR 66133, November 2, 2022) remains accurate. NMFS
proposes the following measures for this renewal IHA:
Implementation of shutdown zones: Marine mammal shutdown zones must
be implemented for all pile driving activities. As shutdown zones are
based upon the Level A harassment zone for each pile type/size and
activity, shutdown zones have been updated since the issuance of the
initial IHA (87 FR 78072, December 21, 2022) and are shown in table 5.
However, as in the initial IHA, required shutdown zones would be
limited to a radial distance of 200 m from the acoustic source (87 FR
78072, December 21, 2022). Shutdown zones must be implemented and
monitored by NMFS-approved protected species observers (PSOs) as
follows:
<bullet> A minimum shutdown zone of 10 m would be applied for all
in-water construction activities if the Level A harassment zone is less
than 10 meters (m);
<bullet> If an activity is delayed or halted due to the presence of
a marine mammal, the activity may not commence or resume until either
the animal has voluntarily exited and been visually confirmed beyond
the shutdown zone indicated in table 4 or 15 minutes have passed
without re-detection of the animal; and
<bullet> Construction activities must be halted upon observation of
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.
If a marine mammal enters the Level B harassment zone, in-water
work would proceed and PSOs would document the marine mammal's presence
and behavior. Level B harassment zones remain unchanged since issuance
of the initial IHA and are shown in table 12 of the Federal Register
notice of the final IHA (87 FR 78072, December 21, 2022).

Table 5--Shutdown Zones by Activity
----------------------------------------------------------------------------------------------------------------
Shutdown zone (m)
Pile type/size Driving method -------------------------------------
Cetaceans Pinnipeds
----------------------------------------------------------------------------------------------------------------
12-inch steel pipe......................... Vibratory.................... 10 10
12-inch timber............................. Vibratory extraction......... 10 10
16-steel pipe.............................. Vibratory install/extract.... 15 22
18-steel pipe.............................. Impact install............... 1 200 1 200
Vibratory install............ 10 15
36-steel pipe.............................. Impact install............... 1 200 1 200
Vibratory install............ 65 102
36-inch shafts............................. DTH Mono-hammer.............. 1 200 1 200
----------------------------------------------------------------------------------------------------------------
1 Distance to shutdown zone distances limited to 200 m from the acoustic source, as described in the Federal
Register notices for the proposed and final initial IHA (87 FR 66133, November 2, 2022; 87 FR 78072, December
21, 2022).

Visual Monitoring--Monitoring must be conducted by NMFS-approved
PSOs with minimum qualifications as described in the Federal Register
notices for the proposed and final initial IHA (87 FR 66133, November
2, 2022; 87 FR 78072, December 21, 2022). Visual monitoring would be
conducted by a minimum of two trained PSOs positioned at suitable
vantage points. Any activity for which the Level B harassment isopleth
would exceed 1,900 meters would require a minimum of three PSOs to
effectively monitor the entire Level B harassment zone. Where a team of
three or more PSOs is required, a lead observer or monitoring
coordinator would be designated. PSOs would likely be located on Gould
Island South, Gould Island Pier, Coddington Point, Bishop Rock,
Breakwater, or Taylor Point as shown in figure 11-1 in the application
for the initial IHA. The lead observer would be required to have prior
experience working as a marine mammal observer during construction. All
PSOs would have access to high-quality binoculars, range finders to
monitor distances, and a compass to record bearing to animals as well
as radios or cells phones for maintaining contact with work crews.
Monitoring would be conducted 30 minutes before, during, and 30
minutes after all in water construction activities. In addition, PSOs
would record all incidents of marine mammal occurrence, regardless of
distance from activity, and would document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving
activities include the time to install or remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than 30 minutes.
Pre-start Clearance Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, PSOs would monitor the shutdown, Level A
harassment, and Level B harassment for a period of 30 minutes. Pile
driving may commence following 30 minutes of observation when the
determination is made that the shutdown zones are clear of marine
mammals. If a marine mammal is observed within the shutdown zones
listed in table 4, construction activity would be delayed until the
animal has voluntarily exited and been visually confirmed beyond the
shutdown zone indicated in table 4 or has not been observed for 15
minutes. When a marine mammal for which Level B harassment take is
authorized is present in the Level B harassment zone, activities would
begin or continue, and an observation of the marine mammal occurrence
in the Level B harassment zone would be recorded. A determination that
the shutdown zone is clear must be made during a period of good
visibility (i.e., the entire shutdown zone and surrounding waters are
visible). If the shutdown zone is obscured by fog or poor lighting
conditions, in-water construction activity would not be initiated until
the entire shutdown zone is visible.
Soft Start--Soft-start procedures are used to provide additional
protection to marine mammals by providing warning and/or giving marine
mammals a chance to leave the area prior to the hammer operating at
full capacity. For impact

[[Page 8015]]

pile driving, contractors would 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.
Soft start would be implemented at the start of each day's impact pile
driving and at any time following cessation of impact pile driving for
a period of 30 minutes or longer.
Hydro-acoustic Monitoring--NOAA OMAO would implement in situ
acoustic monitoring efforts to measure sound pressure levels (SPLs)
from in-water construction activities by collecting and evaluating
acoustic sound recording levels during activities. Stationary
hydrophones would be placed 33 ft (10 m) from the noise source, in
accordance with NMFS' most recent guidance for the collection of source
levels. If there is the potential for Level A harassment, a second
monitoring location would be set up at an intermediate distance between
cetacean/phocid shutdown zones and Level A harassment zones.
Hydrophones would be deployed with a static line from a stationary
vessel. Locations of hydro-acoustic recordings would be collected via
GPS. A depth sounder and/or weighted tape measure would be used to
determine the depth of the water. The hydrophone would be attached to a
weighted nylon cord or chain to maintain a constant depth and distance
from the pile area. The nylon cord or chain would be attached to a
float or tied to a static line.
Each hydrophone would be calibrated at the start of each action and
would be checked frequently to the applicable standards of the
hydrophone manufacturer. Environmental data would be collected,
including but not limited to, the following: wind speed and direction,
air temperature, humidity, surface water temperature, water depth, wave
height, weather conditions, and other factors that could contribute to
influencing the airborne and underwater sound levels (e.g., aircraft,
boats, etc.). The chief inspector would supply the acoustics specialist
with the substrate composition, hammer or drill model and size, hammer
or drill energy settings and any changes to those settings during the
piles being monitored, depth of the pile being driven or shaft
excavated, and blows per foot for the piles monitored. For acoustically
monitored piles and shafts, data from the monitoring locations would be
post-processed to obtain the following sound measures:
<bullet> Maximum peak pressure level recorded for all the strikes
associated with each pile or shaft, expressed in dB re 1 [mu]Pa. For
pile driving and DTH mono-hammer excavation, this maximum value would
originate from the phase of pile driving/drilling during which hammer/
drill energy was also at maximum (referred to as level 4); and
<bullet> From all the strikes associated with each pile occurring
during the level 4 phase these additional measures would be made: mean,
median, minimum, and maximum root mean square (RMS) pressure level in
[dB re 1 [mu]Pa]; mean duration of a pile strike (based on the 90
percent energy criterion); and number of hammer strikes. The cumulative
SEL would be computed from all the strikes associated with each pile
occurring during all phases, (i.e., soft-start, level 1 to level 4).
This measure is defined as the sum of all single strike SEL values. The
sum is taken of the antilog, with log10 taken of result to express in
[dB re [mu]Pa2 s].
Hydro-acoustic monitoring would be conducted for at least 10
percent and up to 10 of each different pile type for each method of
installation as shown in Table 13-1 in the application for the initial
IHA. All acoustic data would be analyzed after the project period for
pile driving and DTH mono-hammer excavation events to confirm SPLs and
rate of transmission loss for each construction activity.
Training--NOAA OMAO and the Navy shall conduct briefings between
construction supervisors and crews, PSOs, NOAA OMAO and Navy staff
prior to the start of all pile driving activities and when new
personnel join the work. These briefings would explain
responsibilities, communication procedures, marine mammal monitoring
protocol, and operational procedures.
Reporting--PSOs must record specific information as described in
the Federal Register notice of the issuance of the initial IHA (87 FR
78072, December 21, 2022). NOAA OMAO would submit a draft marine mammal
monitoring report to NMFS within 90 days after the completion of pile
driving activities, or 60 days prior to a requested date of issuance of
any future IHAs for the project, or other projects at the same
location, whichever comes first. If no comments are received from NMFS
within 30 days, the draft report would constitute the final report. If
comments are received, a final report addressing NMFS' comments would
be required to be submitted within 30 days after receipt of comments.
All PSO datasheets and/or raw sighting data would be submitted with the
draft marine mammal report. NOAA OMAO must also provide a hydro-
acoustic monitoring report based upon hydro-acoustic monitoring
conducted during construction activities as described in the Federal
Register notice for the issuance of the initial IHA (87 FR 78072,
December 21, 2022).
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, NOAA OMAO would report the
incident to the Office of Protected Resources (OPR)
(<a href="/cdn-cgi/l/email-protection#0b5b5925425f5b25466465627f647962656c596e7b64797f784b65646a6a256c647d"><span class="__cf_email__" data-cfemail="e5b5b7cbacb1b5cba88a8b8c918a978c8b82b780958a979196a58b8a8484cb828a93">[email&#160;protected]</span></a>), NMFS and to the Northeast Region
(GARFO) regional stranding coordinator as soon as feasible. If the
death or injury was clearly caused by the specified activity, NOAA OMAO
would immediately cease the specified activities until NMFS is able to
review the circumstances of the incident and determine what, if any,
additional measures are appropriate to ensure compliance with the terms
of the IHAs. NOAA OMAO would not resume their activities until notified
by NMFS.

Comments and Responses

As noted previously, NMFS published a notice of a proposed IHA (87
FR 66133, November 2, 2022) and solicited public comments on both our
proposal to issue the initial IHA for construction activities
associated with the relocation of NOAA vessels to NAVSTA and on the
potential for a renewal IHA, should certain requirements be met. No
public comments were received on the proposed IHA.

Preliminary Determinations

NOAA OMAO's activities are a subset but otherwise unchanged from
those analyzed in support of the initial IHA. The effects of the
activity, taking into consideration the proposed mitigation and related
monitoring measures, remain unchanged from those evaluated in support
of the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. This includes consideration of the updated
acoustic guidance resulting in updated distances to the Level A
harassment thresholds and estimated abundance of common dolphin and
harbor porpoise stocks decreasing slightly based upon the 2023 SAR.
Based on the information and analysis contained here and in the
referenced documents, NMFS has preliminarily 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

[[Page 8016]]

represent small numbers of marine mammals relative to the affected
stock abundances; (4) NOAA OMAO'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.

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 proposed for
authorization 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 proposed action.

Proposed Renewal IHA and Request for Public Comment

As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to NOAA OMAO for conducting construction activities
associated with NOAA vessel relocation at NAVSTA in Newport, RI through
January 31, 2026, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed and final initial IHA can be found 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>. We request comment on our
analyses, the proposed renewal IHA, and any other aspect of this
notice. Please include with your comments any supporting data or
literature citations to help inform our final decision on the request
for this renewal IHA.

Dated: January 17, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01617 Filed 1-22-25; 8:45 am]
BILLING CODE 3510-22-P

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