Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Breakwater Replacement Project in Eastport, Maine, 46565-46566 [2015-19113]

Download as PDF Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices help inform our final decision on Navy’s request for an MMPA authorization. Dated: July 31, 2015. Angela Somma, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–19184 Filed 8–4–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE029 Pacific Islands Pelagic Fisheries; American Samoa Longline Limited Entry Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; availability of permits. AGENCY: NMFS announces that 12 American Samoa pelagic longline limited entry permits in three vessel size classes are available for 2015. NMFS is accepting applications for these available permits. DATES: NMFS must receive completed permit applications and payment by December 3, 2015. ADDRESSES: Request a blank application form from the NMFS Pacific Islands Regional Office (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818, or the PIR Web site https://www.fpir.noaa.gov/ Library/SFD/Samoa_LE_App_Fillable_ 02Feb15.pdf. Mail your completed application and payment to: ASLE Permits, NOAA NMFS PIR, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Walter Ikehara, Sustainable Fisheries, NMFS PIR, tel 808–725–5175, fax 808– 725–5215, or email PIRO-permits@ noaa.gov. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 665.816 allow NMFS to issue new permits for the American Samoa pelagic longline limited entry program if the number of permits in a size class falls below the maximum allowed. At least 12 permits are available for issuance, as follows: • Nine in Class A (vessels less than or equal to 40 ft in overall length); • Two in Class B (over 40 ft to 50 ft); and • One in Class D (over 70 ft). Please note that the number of available permits may change before the application period closes. Each application must be complete for NMFS to consider it. An application asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:54 Aug 04, 2015 Jkt 235001 must include the completed and signed application form, evidence of documented participation in the fishery, and non-refundable payment for the application-processing fee. If NMFS receives more completed applications than the available permits for a given permit class, NMFS will prioritize applicants using only the information in the applications and documentation provided by the applicants. If an applicant requests NMFS, in writing, that NMFS use NMFS longline logbook data as evidence of documented participation, the applicant must specify the qualifying vessel, official number, and month and year of the logbook records. NMFS will not conduct an unlimited search for records. Applicants with the earliest documented participation in the fishery on a Class A sized vessel will receive the highest priorities for obtaining permits in any size class, followed by applicants with the earliest documented participation in Classes B, C, and D, in that order. In the event of a tie in the priority ranking between two or more applicants, NMFS will rank higher in priority the applicant whose second documented participation is earlier. Detailed criteria for prioritization of eligible applicants are in the regulations at 50 CFR 665.816(g). NMFS must receive applications by December 3, 2015 to be considered for a permit (see ADDRESSES). NMFS will not accept applications received after that date. Authority: 16 U.S.C. 1801 et seq. Dated: July 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19102 Filed 8–4–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD330 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Breakwater Replacement Project in Eastport, Maine National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; revision of an incidental harassment authorization. AGENCY: Notice is hereby given that we have revised an incidental harassment SUMMARY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 46565 authorization (IHA) issued to the Maine Department of Transportation (ME DOT) to incidentally harass, by Level B harassment only, small numbers of four species of marine mammals during construction activities associated with a breakwater replacement project in Eastport, Maine. The project has been delayed and the effective dates revised accordingly. DATES: This authorization is now effective from July 20, 2015, through July 19, 2016. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background On February 21, 2014, NMFS received an application from ME DOT requesting an IHA for the take, by Level B harassment, of small numbers of harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), harbor porpoises (Phocoena phocoena), and Atlantic white-sided dolphins (Lagenorhynchus acutus) incidental to in-water construction activities in Eastport, Maine. On July 31, 2014, NMFS published a Federal Register notice (FR 79 44407) for the proposed IHA, and subsequently published final notice of our issuance of the IHA on October 1, 2014 (79 FR 59247), effective from October 1, 2014, through September 30, 2015. In June 2015, ME DOT informed NMFS that no work had occurred relevant to the IHA specified activity due to difficulties in developing a passive acoustic monitoring plan for sound source verification of test pile driving. Accordingly, ME DOT requested that NMFS revise the effective date of the IHA to a one-year period beginning on July 20, 2015, to accommodate the delayed schedule, with no other changes. Summary of the Activity The proposed Eastport breakwater replacement project will replace an open pier that is supported by 151 piles, consisting of steel pipe piles, reinforced concrete pile caps, and a pre-stressed plank deck with structural overlay. The proposed approach pier will be 40 ft by 300 ft and the proposed main pier section that would be parallel to the shoreline will be 50 ft by 400 ft. The replacement pier will consist of two different sections. The approach pier will be replaced in kind by placing fill inside of a sheet pile enclosure, supported by driven piles. The approach section will consist of sheet piles that are driven just outside of the existing sheet piles. The sheet piles can E:\FR\FM\05AUN1.SGM 05AUN1 46566 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices be installed by use of a vibratory hammer only. The main pier, fender system, and wave fence system will be pile supported with piles ranging from 16 inch–36 inch diameter pipe piles. These piles will be driven with a vibratory hammer to a point and must be seated with an impact hammer to ensure stability. The vibratory hammer will drive the pile by applying a rapidly alternating force to the pile by rotating eccentric weights resulting in a downward vibratory force on the pile. The vibratory hammer will be attached to the pile head with a clamp. The vertical vibration in the pile functions by disturbing or liquefying the soil next to the pile, causing the soil particles to lose their frictional grip on the pile. The pile moves downward under its own weight, plus the weight of the hammer. It takes approximately one to three minutes to drive one pile. An impact hammer will be used to ensure the piles are embedded deep enough into the substrate to remain stable for the life of the pier. The impact hammer works by dropping a mass on top of the pile repeatedly to drive it into the substrate. Diesel combustion is used to push the mass upwards and allow it to fall onto the pile again to drive it. asabaliauskas on DSK5VPTVN1PROD with NOTICES Findings Marine Mammal Protection Act (MMPA)—As required by the MMPA, for the original IHA, we determined that (1) the required mitigation measures are sufficient to reduce the effects of the specified activities to the level of least practicable impact; (2) the authorized takes will have a negligible impact on the affected marine mammal species; (3) the authorized takes represent small numbers relative to the affected stock abundances; and (4) the ME DOT’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. No substantive changes have occurred in the interim. National Environmental Policy Act (NEPA)—In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as implemented by the regulations published by the Council on Environmental Quality (40 CFR parts 1500–1508), and NOAA Administrative Order 216–6, NMFS prepared an Environmental Assessment (EA) to consider the environmental impacts of issuance of a one-year IHA. A Finding of No Significant Impact was signed on September 24, 2014. No substantive changes have occurred in the interim. VerDate Sep<11>2014 16:54 Aug 04, 2015 Jkt 235001 Endangered Species Act (ESA)—No species listed under the ESA are expected to be affected by these activities. Therefore, NMFS determined that a section 7 consultation under the ESA is not required. No substantive changes have occurred in the interim. Summary of the Revision Construction activities have been delayed for the project due to difficulties in developing a passive acoustic monitoring plan. No in-water work has occurred, including all aspects of the specified activity considered in our issuance of the IHA. The original IHA issued is a one-year IHA with no consideration of seasonality in timing any component of the specified activity. Therefore, shifting the effective dates of the IHA by approximately ten months to accommodate the ME DOT’s delayed schedule for this project has no effect on our analysis of project impacts and does not affect our findings. No new information is available that would substantively affect our analyses under the MMPA, NEPA, or ESA. All mitigation, monitoring, and reporting measures described in our notice of issuance of the IHA remain in effect. The species for which take was authorized and the numbers of incidents of take authorized are unchanged. As a result of the foregoing, we have revised the IHA issued to the ME DOT to conduct the specified activities in Eastport, Maine. Originally valid for one year, from October 1, 2014, through September 30, 2015, the IHA now becomes effective on July 20, 2015, and is valid for one year, until July 19, 2016. Dated: July 29, 2015. Perry Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–19113 Filed 8–4–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Community Broadband Summit National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. AGENCY: The National Telecommunications and Information Administration (NTIA), through the BroadbandUSA program, in conjunction with Next Century Cities will hold a one-day regional broadband summit, ‘‘Digital New England,’’ to share SUMMARY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 information to help communities build their broadband capacity and utilization. The summit will present best practices and lessons learned from broadband network infrastructure buildouts and digital inclusion programs from Maine and surrounding states, including projects funded by NTIA’s Broadband Technology Opportunities Program (BTOP) and State Broadband Initiative (SBI) grant programs funded by the American Recovery and Reinvestment Act of 2009.1 The summit will also explore effective business and partnership models. DATES: The Digital New England Broadband Summit will be held on September 28, 2015, from 9:00 a.m. to 5:00 p.m., Eastern Daylight Time. ADDRESSES: The meeting will be held in the Holiday Inn by the Bay, Portland, Maine at 88 Spring Street, Portland, Maine 04101. FOR FURTHER INFORMATION CONTACT: Barbara Brown, National Telecommunications and Information Administration, U.S. Department of Commerce, Room 4628, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4374; email: bbrown@ntia.doc.gov. Please direct media inquiries to NTIA’s Office of Public Affairs, (202) 482–7002; email: press@ntia.doc.gov. SUPPLEMENTARY INFORMATION: NTIA’s BroadbandUSA initiative provides expert advice and field-proven tools for assessing broadband adoption, planning new infrastructure and engaging a wide range of partners in broadband projects. BroadbandUSA convenes workshops on a regular basis to bring stakeholders together to discuss ways to improve broadband policies, share best practices, and connect communities to other federal agencies and funding sources for the purpose of expanding broadband infrastructure and adoption throughout America’s communities. The Digital Broadband Summit will feature subject matter experts from NTIA’s BroadbandUSA initiative and include NTIA presentations that discuss lessons learned through the implementation of the BTOP and SBI grants. A panel will explore key elements required for successful broadband projects using a mix of regional examples. Topics will include marketing/demand aggregation, outreach, coordination with government agencies, partnership strategies, construction and oversight. A second panel will explore why broadband matters in comprehensive community 1 American Recovery and Reinvestment Act of 2009, Public Law 111–5, 123 Stat. 115 (2009). E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46565-46566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD330


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to a Breakwater Replacement Project in 
Eastport, Maine

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

ACTION: Notice; revision of an incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that we have revised an incidental 
harassment authorization (IHA) issued to the Maine Department of 
Transportation (ME DOT) to incidentally harass, by Level B harassment 
only, small numbers of four species of marine mammals during 
construction activities associated with a breakwater replacement 
project in Eastport, Maine. The project has been delayed and the 
effective dates revised accordingly.

DATES: This authorization is now effective from July 20, 2015, through 
July 19, 2016.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 2014, NMFS received an application from ME DOT 
requesting an IHA for the take, by Level B harassment, of small numbers 
of harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), 
harbor porpoises (Phocoena phocoena), and Atlantic white-sided dolphins 
(Lagenorhynchus acutus) incidental to in-water construction activities 
in Eastport, Maine. On July 31, 2014, NMFS published a Federal Register 
notice (FR 79 44407) for the proposed IHA, and subsequently published 
final notice of our issuance of the IHA on October 1, 2014 (79 FR 
59247), effective from October 1, 2014, through September 30, 2015. In 
June 2015, ME DOT informed NMFS that no work had occurred relevant to 
the IHA specified activity due to difficulties in developing a passive 
acoustic monitoring plan for sound source verification of test pile 
driving. Accordingly, ME DOT requested that NMFS revise the effective 
date of the IHA to a one-year period beginning on July 20, 2015, to 
accommodate the delayed schedule, with no other changes.

Summary of the Activity

    The proposed Eastport breakwater replacement project will replace 
an open pier that is supported by 151 piles, consisting of steel pipe 
piles, reinforced concrete pile caps, and a pre-stressed plank deck 
with structural overlay. The proposed approach pier will be 40 ft by 
300 ft and the proposed main pier section that would be parallel to the 
shoreline will be 50 ft by 400 ft.
    The replacement pier will consist of two different sections. The 
approach pier will be replaced in kind by placing fill inside of a 
sheet pile enclosure, supported by driven piles. The approach section 
will consist of sheet piles that are driven just outside of the 
existing sheet piles. The sheet piles can

[[Page 46566]]

be installed by use of a vibratory hammer only. The main pier, fender 
system, and wave fence system will be pile supported with piles ranging 
from 16 inch-36 inch diameter pipe piles. These piles will be driven 
with a vibratory hammer to a point and must be seated with an impact 
hammer to ensure stability.
    The vibratory hammer will drive the pile by applying a rapidly 
alternating force to the pile by rotating eccentric weights resulting 
in a downward vibratory force on the pile. The vibratory hammer will be 
attached to the pile head with a clamp. The vertical vibration in the 
pile functions by disturbing or liquefying the soil next to the pile, 
causing the soil particles to lose their frictional grip on the pile. 
The pile moves downward under its own weight, plus the weight of the 
hammer. It takes approximately one to three minutes to drive one pile. 
An impact hammer will be used to ensure the piles are embedded deep 
enough into the substrate to remain stable for the life of the pier. 
The impact hammer works by dropping a mass on top of the pile 
repeatedly to drive it into the substrate. Diesel combustion is used to 
push the mass upwards and allow it to fall onto the pile again to drive 
it.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA, for 
the original IHA, we determined that (1) the required mitigation 
measures are sufficient to reduce the effects of the specified 
activities to the level of least practicable impact; (2) the authorized 
takes will have a negligible impact on the affected marine mammal 
species; (3) the authorized takes represent small numbers relative to 
the affected stock abundances; and (4) the ME DOT'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. No substantive changes have occurred in the interim.
    National Environmental Policy Act (NEPA)--In compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
implemented by the regulations published by the Council on 
Environmental Quality (40 CFR parts 1500-1508), and NOAA Administrative 
Order 216-6, NMFS prepared an Environmental Assessment (EA) to consider 
the environmental impacts of issuance of a one-year IHA. A Finding of 
No Significant Impact was signed on September 24, 2014. No substantive 
changes have occurred in the interim.
    Endangered Species Act (ESA)--No species listed under the ESA are 
expected to be affected by these activities. Therefore, NMFS determined 
that a section 7 consultation under the ESA is not required. No 
substantive changes have occurred in the interim.

Summary of the Revision

    Construction activities have been delayed for the project due to 
difficulties in developing a passive acoustic monitoring plan. No in-
water work has occurred, including all aspects of the specified 
activity considered in our issuance of the IHA. The original IHA issued 
is a one-year IHA with no consideration of seasonality in timing any 
component of the specified activity. Therefore, shifting the effective 
dates of the IHA by approximately ten months to accommodate the ME 
DOT's delayed schedule for this project has no effect on our analysis 
of project impacts and does not affect our findings. No new information 
is available that would substantively affect our analyses under the 
MMPA, NEPA, or ESA. All mitigation, monitoring, and reporting measures 
described in our notice of issuance of the IHA remain in effect. The 
species for which take was authorized and the numbers of incidents of 
take authorized are unchanged.
    As a result of the foregoing, we have revised the IHA issued to the 
ME DOT to conduct the specified activities in Eastport, Maine. 
Originally valid for one year, from October 1, 2014, through September 
30, 2015, the IHA now becomes effective on July 20, 2015, and is valid 
for one year, until July 19, 2016.

    Dated: July 29, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-19113 Filed 8-4-15; 8:45 am]
 BILLING CODE 3510-22-P
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