Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rehabilitation of the Jetty System at the Mouth of the Columbia River, 15046 [2017-05842]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Page 15046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05842]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF299


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rehabilitation of the Jetty System at the Mouth of the 
Columbia River

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

ACTION: Notice of issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the US Army 
Corps of Engineers (Corps) for the take of marine mammals incidental to 
the rehabilitation of the Jetty System at the Mouth of the Columbia 
River (MCR).

DATES: Effective from May 1, 2017, through April 30, 2022.

ADDRESSES: The LOA and supporting documentation is available online at: 
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Rob 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 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 authorization for incidental takings 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.''
    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 June 12, 2015, NMFS received an adequate and complete 
application from the Corps for the taking of marine mammals incidental 
to the rehabilitation of the Jetty System at the MCR in Washington and 
Oregon. On August 25, 2016 NMFS published a notice of proposed 
rulemaking in the Federal Register, requesting comments and information 
related to the Corps request for thirty days (81 FR 58443). A corrected 
notice and extension of the public comment period was published in the 
Federal Register on September 6, 2016 (81 FR 61160). The final rule was 
published in the Federal Register on February 10, 2017 (82 FR 10286). 
For detailed information on this action, please refer to those 
documents. The regulations include mitigation, monitoring, and 
reporting requirements for the incidental take of marine mammals during 
the rehabilitation of the Jetty System at the MCR in Washington and 
Oregon.
    The purpose of the project is to rehabilitate the MCR jetty system, 
which has degraded over time. Rehabilitation of the jetty system will 
require vibratory pile driving for installation and subsequent removal 
of three off-loading facilities at the three MCR jetties. The pile 
driving and removal portion of the project will require approximately 
49 days of in-water pile driving and removal. Vibratory pile driving 
and removal activities will generate underwater noise levels that are 
anticipated to result in Level B harassment of marine mammals. 
Pedestrian surveys of the jetty system will also occur which are 
anticipated to result in disturbance of hauled out pinnipeds. The Corps 
is authorized to take individuals of seven species of marine mammals by 
Level B harassment.

Authorization

    We have issued an LOA to the Corps authorizing the take of marine 
mammals incidental to construction activities and pedestrian surveys as 
described above. Take of marine mammals will be minimized through 
implementation of the following mitigation measures: (1) Establishment 
and visual monitoring of shutdown and disturbance zones; (2) vessel-
based monitoring of offshore waters; (3) shut-down of all pile 
installation, removal, or maintenance activities if any killer whales 
are observed within the Zone of Influence (ZOI) between May 1 and July 
1 to eliminate potential for take of southern resident killer whales; 
and (4) implementation of a hydroacoustic monitoring plan to ensure 
that shutdown zones and ZOIs have been delineated appropriately. The 
Corps will submit annual marine mammal monitoring reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under these LOAs 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: March 17, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-05842 Filed 3-23-17; 8:45 am]
 BILLING CODE 3510-22-P