Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront Construction, 39568 [2017-17605]
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39568
Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
Authority: Authority: 16 U.S.C. 1801 et
seq.
Dated: August 15, 2017.
Jeffrey N. Lonergan,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–17531 Filed 8–18–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF529
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Waterfront Construction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
AGENCY:
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 U.S. Navy (Navy) for the take of
marine mammals incidental to
waterfront construction activities at
Naval Submarine Base Kings Bay,
Georgia.
SUMMARY:
Effective from July 12, 2017,
through July 11, 2022.
ADDRESSES: The LOA and supporting
documentation are 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 (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
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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.
VerDate Sep<11>2014
18:37 Aug 18, 2017
Jkt 241001
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 7, 2017, we issued a final
rule upon request from the Navy for
authorization to take marine mammals
incidental to waterfront construction
activities (82 FR 26360). The Navy plans
to repair in-water structures at NSB
Kings Bay, as well as to construct new
facilities and modify existing facilities.
These repairs, upgrades, and new
construction would include use of
impact and vibratory pile driving,
including installation and removal of
steel, concrete, composite, and timber
piles. The use of both vibratory and
impact pile driving is expected to
produce underwater sound at levels that
have the potential to result in behavioral
harassment of marine mammals. Only
the bottlenose dolphin (Tursiops
truncatus truncatus) is expected to be
present. The regulations are valid for
five years, from July 12, 2017, through
July 11, 2022.
Authorization
We have issued a LOA to Navy
authorizing the take of marine mammals
incidental to waterfront construction
activities, as described above. Take of
marine mammals will be minimized
through the implementation of the
following planned mitigation measures:
(1) Required monitoring of the
waterfront construction areas to detect
the presence of marine mammals before
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
beginning construction activities; (2)
shutdown of construction activities
under certain circumstances to avoid
injury of marine mammals; and (3) soft
start for impact pile driving to allow
marine mammals the opportunity to
leave the area prior to beginning impact
pile driving at full power. Additionally,
the rule includes an adaptive
management component that allows for
timely modification of mitigation or
monitoring measures based on new
information, when appropriate. The
Navy will submit reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under this LOA 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: August 15, 2017.
Cathryn E. Tortorici,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2017–17605 Filed 8–18–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Sanctuary System Business Advisory
Council: Public Meeting
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
Notice is hereby given of a
meeting of the Sanctuary System
Business Advisory Council (council).
The meeting is open to the public, and
participants may provide comments at
the appropriate time during the meeting.
DATES: The meeting will be held
Wednesday, August 30, 2017, from 9:00
a.m. to 4:30 p.m. ET, and an opportunity
for public comment will be provided
around 3:45 p.m. ET. Both these times
and agenda topics are subject to change.
ADDRESSES: The meeting will be held at
the Hall of the States located at 444
North Capitol Street NW., Washington,
DC 20001.
FOR FURTHER INFORMATION CONTACT: Kate
Spidalieri, Office of National Marine
Sanctuaries, 1305 East West Highway,
Silver Spring, Maryland 20910 (Phone:
240–533–0679; Fax: 301–713–0404;
Email: Kate.Spidalieri@noaa.gov).
SUMMARY:
E:\FR\FM\21AUN1.SGM
21AUN1
]]>Agencies
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Page 39568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17605]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF529
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Waterfront Construction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letter of Authorization.
-----------------------------------------------------------------------
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 U.S. Navy
(Navy) for the take of marine mammals incidental to waterfront
construction activities at Naval Submarine Base Kings Bay, Georgia.
DATES: Effective from July 12, 2017, through July 11, 2022.
ADDRESSES: The LOA and supporting documentation are 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 (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, 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 7, 2017, we issued a final rule upon request from the Navy
for authorization to take marine mammals incidental to waterfront
construction activities (82 FR 26360). The Navy plans to repair in-
water structures at NSB Kings Bay, as well as to construct new
facilities and modify existing facilities. These repairs, upgrades, and
new construction would include use of impact and vibratory pile
driving, including installation and removal of steel, concrete,
composite, and timber piles. The use of both vibratory and impact pile
driving is expected to produce underwater sound at levels that have the
potential to result in behavioral harassment of marine mammals. Only
the bottlenose dolphin (Tursiops truncatus truncatus) is expected to be
present. The regulations are valid for five years, from July 12, 2017,
through July 11, 2022.
Authorization
We have issued a LOA to Navy authorizing the take of marine mammals
incidental to waterfront construction activities, as described above.
Take of marine mammals will be minimized through the implementation of
the following planned mitigation measures: (1) Required monitoring of
the waterfront construction areas to detect the presence of marine
mammals before beginning construction activities; (2) shutdown of
construction activities under certain circumstances to avoid injury of
marine mammals; and (3) soft start for impact pile driving to allow
marine mammals the opportunity to leave the area prior to beginning
impact pile driving at full power. Additionally, the rule includes an
adaptive management component that allows for timely modification of
mitigation or monitoring measures based on new information, when
appropriate. The Navy will submit reports as required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under this LOA
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: August 15, 2017.
Cathryn E. Tortorici,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2017-17605 Filed 8-18-17; 8:45 am]
BILLING CODE 3510-22-P
