Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project, 14443-14447 [2018-06772]
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Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
on the species or stock of affected
marine mammals.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Request for Public Comments
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We request comment on our analyses,
the draft authorization, and any other
aspect of this Notice of Proposed IHA
for the proposed marine site
characterization surveys. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on the request
for MMPA authorization.
On a case-by-case basis, NMFS may
issue a one-year renewal IHA without
additional notice when (1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned, or (2) the activities
would not be completed by the time the
IHA expires and renewal would allow
completion of the activities beyond that
described in the Dates and Duration
section, provided all of the following
conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA.
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements.
(2) 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.
• 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
remain the same and appropriate, and
the original findings remain valid.
Dated: March 30, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2018–06856 Filed 4–3–18; 8:45 am]
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Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Bravo
Wharf Recapitalization Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received a request
from the U.S. Navy (Navy) for an
incidental harassment authorization
(IHA) that would cover a subset of the
take authorized in an IHA previously
issued to the Navy to incidentally take
bottlenose dolphins, by Level B
harassment only, during construction
activities associated with a wharf
recapitalization project at Bravo Wharf,
Naval Station Mayport, Florida. The
project has been delayed, such that only
a subset of the work covered in the 2017
IHA has been completed and, therefore,
the Navy requested that an IHA be
issued to cover the remainder of their
work. NMFS is proposing to issue a
second IHA to cover the remainder of
the incidental take analyzed and
authorized in the first IHA. The
authorized take numbers would be
adjusted (i.e., reduced) to account for
the reduction in work (because a subset
was already completed) and a revision
of the source level based on a recent
measurement, and the required
mitigation, monitoring, and reporting
would remain the same as authorized in
the 2017 IHA referenced above. NMFS
is requesting comments on its proposal
to issue this IHA to incidentally take
marine mammals during the Navy’s
specified activities. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorization and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than May 4, 2018.
ADDRESSES: Comments 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 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.daly@noaa.gov.
SUMMARY:
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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 received
electronically, including all
attachments, must not exceed a 25megabyte 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
https://www.fisheries.noaa.gov/node/
23111 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:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8438.
Electronic copies of the original
application and supporting documents
(including NMFS FR notices of the
original proposed and final
authorizations), as well as a list of the
references cited in this document, may
be obtained online at https://
www.fisheries.noaa.gov/node/23111. In
case of problems accessing these
documents, please call the contact listed
above.
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 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
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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).
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National Environmental Policy Act
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), the Navy
prepared an Environmental Assessment
(EA) to consider the direct, indirect and
cumulative effects to the human
environment resulting from the Bravo
Wharf recapitalization project. NMFS
made the Navy’s EA available to the
public for review and comment, in
relation to its suitability for adoption by
NMFS in order to assess the impacts to
the human environment of issuance of
an IHA to the Navy. Also in compliance
with NEPA and the CEQ regulations, as
well as NOAA Administrative Order
216–6, NMFS has reviewed the Navy’s
EA, determined it to be sufficient, and
adopted that EA and signed a Finding
of No Significant Impact (FONSI) in
July, 2016. The 2016 NEPA documents
are available at https://
www.fisheries.noaa.gov/node/23111.
Since this proposed IHA covers a
subset of the same work covered in a
former IHA, NMFS is preliminarily
proposing to rely on this same EA and
FONSI document. However, we will
review all comments submitted in
response to this notice prior to
concluding our NEPA process or making
a final decision on the current IHA
request.
History of Request
On July 21, 2015, we received a
request from the Navy for authorization
of the taking, by Level B harassment
only, of marine mammals incidental to
pile driving (predominantly vibratory
pile driving, with a small amount of
impact pile driving as a contingency
plan in case of difficult piles) in
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association with the Bravo Wharf
Recapitalization Project at Naval Station
Mayport, Florida. A final version of the
application, which we deemed adequate
and complete, was submitted on
November 17, 2015. We published a
notice of a proposed IHA and request for
comments on December 7, 2015 (80 FR
75978), and subsequently published
final notice of our issuance of the IHA
on August 9, 2016 (81 FR 52637). Inwater work associated with the project
was expected to be completed within
the one-year timeframe of the IHA
(effective dates originally December 1,
2016 through November 30, 2017). The
specified activities are expected to
result in the take of individuals from
four stocks of bottlenose dolphins
(Tursiops truncatus).
On January 23, 2017, the Navy
informed NMFS that no work had been
performed relevant to the specified
activity considered in the MMPA
analysis. On February 22, 2017, we
published a notice of a revision of the
IHA (82 FR 11344), revising the effective
authorization dates from March 13,
2017, through March 12, 2018.
On December 5, 2017, the Navy
informed NMFS that construction had
not yet begun on one of two
construction phases authorized under
the revised IHA. The Navy attributed
delays in progress and inaccuracies in
original construction planning due to a
combination of: (1) Rain delays,
hurricane preparation, and Hurricane
Irma, (2) Inefficiencies by the contractor,
and (3) Activities influenced by tides,
originally unaccounted for in the
schedule.
On January 9, 2018, the Navy formally
requested that NMFS issue an IHA for
one year from May 14, 2018, to May 13,
2019 in order to complete a subset of the
construction activity previously covered
by the 2017 IHA.
Because this IHA will cover a subset
of the take already analyzed and
authorized through the previous IHA,
we primarily refer back to our previous
documents and analysis, which remain
germane, and describe any changes
here.
Description of the Proposed Activity
and Anticipated Impacts
The 2017 IHA covered the installation
of 880 single sheet piles installed with
a vibratory hammer over 110 days and
20 days of contingency impact driving,
for a total of up to 130 construction
days. The 2017 IHA authorized the
Level B harassment of 370 bottlenose
dolphins (330 takes from vibratory pile
driving, 40 from impact pile driving),
which could occur to any of the four
stocks in the area. The Navy did not
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complete that work, and now requests
that this second IHA cover the
installation of the remaining 356 steel
sheet piles over the course of 43 piledriving days, plus 10 contingency
impact driving days, for a total of 53
days.
To support public review and
comment on the IHA that NMFS is
proposing to issue here, we refer to the
documents related to the previously
issued IHA as well as discussing any
new or changed information. These
previous documents include the Federal
Register notice of the issuance of the
2017 IHA for the Navy’s Bravo Wharf
(82 FR 11344, February 22, 2017), the
Navy’s application, the Federal Register
notice of the proposed IHA (81 FR
52637; December 1, 2016), and all
associated references and documents.
Detailed Description of the Action—A
detailed description of the proposed
vibratory and impact pile driving
activities at Bravo Wharf is found in
these previous documents. The location,
timing (e.g., lack of seasonality), and
nature of the pile driving operations,
including the type and size of piles and
the methods of pile driving, are
identical to those described in the
previous notices, except that only a
subset of the number of piles are
proposed to be driven here (356 piles
over 53 days, versus 880 over 130 days).
Description of Marine Mammals—A
description of the marine mammals in
the area of the activities is found in
these previous documents, which
remains applicable to this IHA as well.
In addition, NMFS has reviewed recent
draft Stock Assessment Reports (SARs),
information on relevant Unusual
Mortality Events, and recent scientific
literature, and determined that no new
information affects our original analysis
of impacts under the current IHA. Since
issuing the 2017 IHA, NMFS published
draft SARs (82 FR 60181; 19 December
2017). In the draft SARs, stock
abundance information has preliminary
changed for species that have the
potential to occur in the activity area
but for which take is not anticipated or
authorized, which includes North
Atlantic right whales and humpback
whales. Abundance has changed for two
stocks of bottlenose dolphins for which
take is authorized: the Western North
Atlantic, Northern Florida Coastal, and
the Western North Atlantic, southern
migratory coastal stocks. However,
proposed abundance changes do not
affect our estimated take numbers or
negligible impact and small numbers
determinations, and therefore these
changes do not affect our analysis.
Potential Effects on Marine
Mammals—A description of the
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potential effects of the specified
activities on marine mammals and their
habitat is found in these previous
documents, which remains applicable to
this IHA. There is no new information
on potential effects.
Estimated Take—A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
is found in these previous documents.
The methods of estimating take are
identical to those used in the previous
IHA, as is the density of marine
mammals. One input into the take
estimate, the source levels, was changed
to reflect newer information. The
original IHA reflected a vibratory pile
driving source level of 151 decibels (dB)
root mean square (rms), but more recent
measurements (measurements of
vibratory driving of steel sheet piles
during the first year of construction at
nearby Wharf C–2 at Naval Station
Mayport (DoN 2015) support a higher
source level (156 dB rms). The impact
pile driving source level of was also
corrected from 189 dB rms to 190 rms
(CalTrans 2015). The Navy modified
their take estimates to reflect these
newer values, which NMFS used for
issuance of another IHA at Bravo Wharf
(83 FR 9287; March 5, 2018). Using the
same take estimate methodology
described in the 2017 IHA and the
updated source levels (which extends
the vibratory pile driving Level B
harassment isopleth from 1,166 meters
(m) to 2,512 m, and the impact pile
driving Level B harassment isopleth
from 858 m to 1000 m), the Navy has
requested 242 Level B harassment takes
of bottlenose dolphins during vibratory
driving and 22 during impact driving,
for a total of 264 requested Level B
bottlenose dolphin takes, which NMFS
agrees is an accurate estimate of
incidental take that may occur.. There
are four stocks of bottlenose dolphins to
which takes could accrue: Jacksonville
Estuarine System; Western North
Atlantic, northern Florida coastal;
Western North Atlantic, offshore; and
Western North Atlantic, southern
migratory coastal.
The change in source levels results in
only minimal changes to Level A
Harassment zones (it is still less than 2
m for mid-frequency species and
increased slightly from 40 m to 46 m for
low frequency species during impact
driving) and our conclusions remain
unchanged. Level A incidental take is
not expected to occur for the same
reasons discussed in the previous
documents (combination of
improbability of animals entering the
small zone and the expected
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effectiveness of the mitigation) and none
is proposed for authorization.
Description of Proposed Mitigation,
Monitoring and Reporting Measures—A
description of proposed mitigation,
monitoring, and reporting measures is
found in the previous documents,
which are identical in this proposed
IHA. In summary, mitigation includes
soft start techniques, as well as a 15-m
shutdown zone for vibratory pile
driving and 40-m shutdown for impact
pile driving. Two trained observers will
monitor to implement shutdowns and
collect information.
On January 9, 2018, the Navy
submitted a monitoring report for
construction that had been completed
under the 2017 IHA. The Navy
complied with all mitigation,
monitoring, and reporting protocols.
Recorded takes were below the number
authorized for the corresponding
amount of work. The monitoring report
can be viewed on NMFS’s website at
https://www.fisheries.noaa.gov/node/
23111.
Preliminary Determinations
The Navy proposes to conduct a
subset of activities identical to those
covered in the previous 2017 IHA, As
described above, the number of
estimated takes of the same stocks of
bottlenose dolphins (Jacksonville
Estuarine System; northern Florida
coastal; Western North Atlantic,
offshore; and southern migratory
coastal) is significantly lower than the
330 Level B harassment takes from
vibratory pile driving and 40 Level B
harassment takes from impact pile
driving that were found to meet the
negligible impact and small numbers
standards and authorized under the
2017 IHA. The proposed IHA includes
identical required mitigation,
monitoring, and reporting measures as
the 2017 IHA, and there is no new
information suggesting that our analysis
or findings should change.
Based on the information 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 represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) the Navy’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.
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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.
However, no incidental take of ESAlisted 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 action.
Proposed Authorization
As a result of these preliminary
determinations, we are proposing to
issue an IHA to the Navy to conduct the
specified activities in Naval Station
Mayport, FL from May 14, 2018,
through May 13, 2019, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated.
This section contains a draft of the
IHA itself. The wording contained in
this section is proposed for inclusion in
the IHA (if issued).
1. This Incidental Harassment
Authorization (IHA) is valid from May
14, 2018, through May 13, 2019.
2. This IHA is valid only for pile
driving activities associated with the
Bravo Wharf Recapitalization Project at
Naval Station Mayport, Florida.
3. General Conditions
(a) A copy of this IHA must be in the
possession of the Navy, its designees,
and work crew personnel operating
under the authority of this IHA.
(b) The species authorized for taking
is the bottlenose dolphin (Tursiops
truncatus) from any of the four
following stocks: Jacksonville Estuarine
System; Western North Atlantic,
Northern Florida coastal; Western North
Atlantic, offshore; and Western North
Atlantic, southern migratory coastal.
(c) The taking is limited to 264 Level
B harassment takes from any of the
aforementioned stocks of bottlenose
dolphins.
(d) The taking by injury (Level A
harassment), serious injury, or death of
the species listed in condition 3(b) of
the Authorization or any taking of any
other species of marine mammal is
prohibited and may result in the
modification, suspension, or revocation
of this IHA.
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(e) The Navy shall conduct briefings
between construction supervisors and
crews, marine mammal monitoring
team, and Navy staff prior to the start of
all pile driving activity, and when new
personnel join the work, in order to
explain responsibilities, communication
procedures, marine mammal monitoring
protocol, and operational procedures.
4. Mitigation Measures
The holder of this Authorization is
required to implement the following
mitigation measures:
(a) For all pile driving, the Navy shall
implement a minimum shutdown zone
of 15 m radius around the pile. For
impact driving of steel piles, the
minimum shutdown zone shall be a 40
m radius. If a marine mammal comes
within or approaches the shutdown
zone, such operations shall cease.
(b) The Navy shall establish
monitoring locations as described
below. Please also refer to the Marine
Mammal Monitoring Plan (available at
https://www.fisheries.noaa.gov/node/
23111).
i. For all pile driving activities, a
minimum of two observers shall be
deployed, with one positioned to
achieve optimal monitoring of the
shutdown zone and the second
positioned to achieve optimal
monitoring of surrounding waters of the
turning basin, the entrance to that basin,
and portions of the Atlantic Ocean. If
practicable, the second observer should
be deployed to an elevated position,
preferably opposite Bravo Wharf and
with clear sight lines to the wharf and
out the entrance channel.
ii. These observers shall record all
observations of marine mammals,
regardless of distance from the pile
being driven, as well as behavior and
potential behavioral reactions of the
animals. Observations within the
turning basin shall be distinguished
from those in the entrance channel and
nearshore waters of the Atlantic Ocean.
iii. All observers shall be equipped for
communication of marine mammal
observations amongst each other and to
other relevant personnel (e.g., those
necessary to effect activity delay or
shutdown).
(c) Monitoring shall take place from
fifteen minutes prior to initiation of pile
driving activity through thirty minutes
post-completion of pile driving activity.
Pile driving may commence when
observers have declared the shutdown
zone clear of marine mammals. In the
event of a delay or shutdown of activity
resulting from marine mammals in the
shutdown zone, animals shall be
allowed to remain in the shutdown zone
(i.e., must leave of their own volition)
and their behavior shall be monitored
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and documented. Monitoring shall
occur throughout the time required to
drive a pile. The shutdown zone must
be determined to be clear during periods
of good visibility (i.e., the entire
shutdown zone and surrounding waters
must be visible to the naked eye).
(d) If a marine mammal approaches or
enters the shutdown zone, all pile
driving activities at that location shall
be halted. If pile driving is halted or
delayed due to the presence of a marine
mammal, the activity may not
commence or resume until either the
animal has voluntarily left and been
visually confirmed beyond the
shutdown zone or fifteen minutes have
passed without re-detection of the
animal.
(e) Monitoring shall be conducted by
qualified observers, as described in the
Monitoring Plan. Trained observers
shall be placed from the best vantage
point(s) practicable to monitor for
marine mammals and implement
shutdown or delay procedures when
applicable through communication with
the equipment operator. Observer
training must be provided prior to
project start and in accordance with the
monitoring plan, and shall include
instruction on species identification
(sufficient to distinguish the species
listed in 3(b)), description and
categorization of observed behaviors
and interpretation of behaviors that may
be construed as being reactions to the
specified activity, proper completion of
data forms, and other basic components
of biological monitoring, including
tracking of observed animals or groups
of animals such that repeat sound
exposures may be attributed to
individuals (to the extent possible).
(f) The Navy shall use soft start
techniques recommended by NMFS for
impact pile driving. Soft start requires
contractors to provide an initial set of
strikes at reduced energy, followed by a
thirty-second waiting period, then two
subsequent reduced energy strike sets.
Soft start shall 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 thirty
minutes or longer.
(g) Pile driving shall only be
conducted during daylight hours.
(h) If a species for which
authorization has not been granted, or a
species for which authorization has
been granted but the authorized takes
are met, is observed approaching or
within the monitoring zone, pile driving
and removal activities must shut down
immediately using delay and shut-down
procedures. Activities must not resume
until the animal has been confirmed to
have left the area or fifteen minutes
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have passed without re-detection of the
animal.
5. Monitoring
The holder of this Authorization is
required to conduct marine mammal
monitoring during pile driving activity.
Marine mammal monitoring and
reporting shall be conducted in
accordance with the Monitoring Plan.
(a) The Navy shall collect sighting
data and behavioral responses to pile
driving for marine mammal species
observed in the region of activity during
the period of activity. All observers
shall be trained in marine mammal
identification and behaviors, and shall
have no other construction-related tasks
while conducting monitoring.
(b) For all marine mammal
monitoring, the information shall be
recorded as described in the Monitoring
Plan.
6. Reporting
The holder of this Authorization is
required to:
(a) Submit a draft report on all
monitoring conducted under the IHA
within ninety days of the completion of
marine mammal monitoring, or sixty
days prior to the issuance of any
subsequent IHA for projects at Naval
Station Mayport, whichever comes first.
A final report shall be prepared and
submitted within thirty days following
resolution of comments on the draft
report from NMFS. This report must
contain the informational elements
described in the Monitoring Plan, at
minimum (see https://
www.fisheries.noaa.gov/node/23111),
and shall also include:
i. Detailed information about any
implementation of shutdowns,
including the distance of animals to the
pile and description of specific actions
that ensued and resulting behavior of
the animal, if any.
ii. Description of attempts to
distinguish between the number of
individual animals taken and the
number of incidents of take, such as
ability to track groups or individuals.
iii. Estimated total take extrapolated
from the number of marine mammals
observed during the course of
construction activities, if necessary.
(b) Reporting injured or dead marine
mammals:
i. In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by this IHA, such as an
injury (Level A harassment), serious
injury, or mortality, Navy shall
immediately cease the specified
activities and report the incident to the
Office of Protected Resources, NMFS,
and the Southeast Regional Stranding
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Coordinator, NMFS. The report must
include the following information:
A. Time and date of the incident;
B. Description of the incident;
C. Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
D. Description of all marine mammal
observations in the 24 hours preceding
the incident;
E. Species identification or
description of the animal(s) involved;
F. Fate of the animal(s); and
G. Photographs or video footage of the
animal(s).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with Navy to
determine what measures are necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. Navy may not resume their
activities until notified by NMFS.
ii. In the event that Navy discovers an
injured or dead marine mammal, and
the lead observer determines that the
cause of the injury or death is unknown
and the death is relatively recent (e.g.,
in less than a moderate state of
decomposition), Navy shall immediately
report the incident to the Office of
Protected Resources, NMFS, and the
Southeast Regional Stranding
Coordinator, NMFS.
The report must include the same
information identified in 6(b)(i) of this
IHA. Activities may continue while
NMFS reviews the circumstances of the
incident. NMFS will work with Navy to
determine whether additional
mitigation measures or modifications to
the activities are appropriate.
iii. In the event that Navy discovers
an injured or dead marine mammal, and
the lead observer determines that the
injury or death is not associated with or
related to the activities authorized in the
IHA (e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, scavenger damage),
Navy shall report the incident to the
Office of Protected Resources, NMFS,
and the Southeast Regional Stranding
Coordinator, NMFS, within 24 hours of
the discovery. Navy shall provide
photographs or video footage or other
documentation of the stranded animal
sighting to NMFS. The Navy can
continue its operations under such a
case.
7. This Authorization may be
modified, suspended or withdrawn if
the holder fails to abide by the
conditions prescribed herein, or if
NMFS determines the authorized taking
is having more than a negligible impact
on the species or stock of affected
marine mammals.
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
14447
Request for Public Comments
We request comment on our analyses,
the draft authorization, and any other
aspect of this Notice of Proposed IHA
for Navy’s Bravo wharf construction
activities. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on Navy’s request for an
MMPA authorization.
SUPPLEMENTARY INFORMATION:
Dated: March 29, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
In the Matter of: POLARIS INDUSTRIES
INC.
[FR Doc. 2018–06772 Filed 4–3–18; 8:45 am]
1. In accordance with the Consumer
Product Safety Act, 15 U.S.C. §§ 2051–2089
(‘‘CPSA’’) and 16 CFR § 1118.20, Polaris
Industries Inc. (‘‘Polaris’’), and the United
States Consumer Product Safety Commission
(‘‘Commission’’), through its staff, hereby
enter into this Settlement Agreement
(‘‘Agreement’’). The Agreement and the
incorporated attached Order resolve staff’s
charges set forth below.
THE PARTIES
2. The Commission is an independent
federal regulatory agency, established
pursuant to, and responsible for the
enforcement of, the CPSA, 15 U.S.C. §§ 2051–
2089. By executing the Agreement, staff is
acting on behalf of the Commission, pursuant
to 16 CFR § 1118.20(b). The Commission
issues the Order under the provisions of the
CPSA.
3. Polaris is a corporation, organized and
existing under the laws of the state of
Minnesota, with its principal place of
business in Medina, Minnesota.
STAFF CHARGES
4. Between February 2012 and April 2016,
Polaris manufactured or imported,
distributed and offered for sale in the United
States approximately 133,000 Model Year
2013–2016 RZR 900 and Model Year 2014–
2016 RZR 1000 recreational off-road vehicles
(‘‘RZRs’’).
5. Between April 2013 and April 2017,
Polaris manufactured or imported,
distributed and offered for sale
approximately 93,500 Model Year 2014–2015
Ranger XP 900, XP 900 EPS and CREW 900
off-road vehicles (‘‘Rangers’’).
6. The RZRs and Rangers (collectively, the
‘‘Vehicles’’) are ‘‘consumer products’’ that
were ‘‘distribut[ed] in commerce,’’ as those
terms are defined or used in sections 3(a)(5)
and (8) of the CPSA, 15 U.S.C. § 2052(a)(5)
and (8). Polaris is a ‘‘manufacturer’’ of the
Vehicles and imported the Vehicles, as such
terms are defined in sections 3(a)(9) and (11)
of the CPSA, 15 U.S.C. § 2052(a)(9) and (11).
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 18–C0001]
Polaris Industries Inc., Provisional
Acceptance of a Settlement Agreement
and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of the Consumer Product Safety
Commission’s regulations. Published
below is a provisionally-accepted
Settlement Agreement with Polaris
Industries Inc. containing a civil penalty
in the amount of twenty seven million,
two hundred and fifty thousand dollars
($27,250,000), to be paid within thirty
(30) days of service of the Commission’s
final Order accepting the Settlement
Agreement.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by April 19,
2018.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 18–C0001, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Daniel R. Vice, Trial Attorney, Division
of Compliance, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–6996.
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
The text of
the Agreement and Order appears
below.
Dated: March 30, 2018.
Alberta E. Mills,
Secretary.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
CPSC Docket No.: 18–C0001
SETTLEMENT AGREEMENT
Violation of CPSA Section 19(a)(4)
Staff Charges Regarding RZR 900s and 1000s
7. The RZRs contained one or more defects
which could create a substantial product
hazard and create an unreasonable risk of
serious injury or death because the RZRs
could catch fire while consumers were
driving, posing fire and burn hazards to
drivers and passengers.
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14443-14447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06772]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG131
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization
Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for an
incidental harassment authorization (IHA) that would cover a subset of
the take authorized in an IHA previously issued to the Navy to
incidentally take bottlenose dolphins, by Level B harassment only,
during construction activities associated with a wharf recapitalization
project at Bravo Wharf, Naval Station Mayport, Florida. The project has
been delayed, such that only a subset of the work covered in the 2017
IHA has been completed and, therefore, the Navy requested that an IHA
be issued to cover the remainder of their work. NMFS is proposing to
issue a second IHA to cover the remainder of the incidental take
analyzed and authorized in the first IHA. The authorized take numbers
would be adjusted (i.e., reduced) to account for the reduction in work
(because a subset was already completed) and a revision of the source
level based on a recent measurement, and the required mitigation,
monitoring, and reporting would remain the same as authorized in the
2017 IHA referenced above. NMFS is requesting comments on its proposal
to issue this IHA to incidentally take marine mammals during the Navy's
specified activities. NMFS will consider public comments prior to
making any final decision on the issuance of the requested MMPA
authorization and agency responses will be summarized in the final
notice of our decision.
DATES: Comments and information must be received no later than May 4,
2018.
ADDRESSES: Comments 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 [email protected].
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 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 https://www.fisheries.noaa.gov/node/23111 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: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8438. Electronic copies of the original
application and supporting documents (including NMFS FR notices of the
original proposed and final authorizations), as well as a list of the
references cited in this document, may be obtained online at https://www.fisheries.noaa.gov/node/23111. In case of problems accessing these
documents, please call the contact listed above.
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 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
[[Page 14444]]
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).
National Environmental Policy Act
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), the
Navy prepared an Environmental Assessment (EA) to consider the direct,
indirect and cumulative effects to the human environment resulting from
the Bravo Wharf recapitalization project. NMFS made the Navy's EA
available to the public for review and comment, in relation to its
suitability for adoption by NMFS in order to assess the impacts to the
human environment of issuance of an IHA to the Navy. Also in compliance
with NEPA and the CEQ regulations, as well as NOAA Administrative Order
216-6, NMFS has reviewed the Navy's EA, determined it to be sufficient,
and adopted that EA and signed a Finding of No Significant Impact
(FONSI) in July, 2016. The 2016 NEPA documents are available at https://www.fisheries.noaa.gov/node/23111.
Since this proposed IHA covers a subset of the same work covered in
a former IHA, NMFS is preliminarily proposing to rely on this same EA
and FONSI document. However, we will review all comments submitted in
response to this notice prior to concluding our NEPA process or making
a final decision on the current IHA request.
History of Request
On July 21, 2015, we received a request from the Navy for
authorization of the taking, by Level B harassment only, of marine
mammals incidental to pile driving (predominantly vibratory pile
driving, with a small amount of impact pile driving as a contingency
plan in case of difficult piles) in association with the Bravo Wharf
Recapitalization Project at Naval Station Mayport, Florida. A final
version of the application, which we deemed adequate and complete, was
submitted on November 17, 2015. We published a notice of a proposed IHA
and request for comments on December 7, 2015 (80 FR 75978), and
subsequently published final notice of our issuance of the IHA on
August 9, 2016 (81 FR 52637). In-water work associated with the project
was expected to be completed within the one-year timeframe of the IHA
(effective dates originally December 1, 2016 through November 30,
2017). The specified activities are expected to result in the take of
individuals from four stocks of bottlenose dolphins (Tursiops
truncatus).
On January 23, 2017, the Navy informed NMFS that no work had been
performed relevant to the specified activity considered in the MMPA
analysis. On February 22, 2017, we published a notice of a revision of
the IHA (82 FR 11344), revising the effective authorization dates from
March 13, 2017, through March 12, 2018.
On December 5, 2017, the Navy informed NMFS that construction had
not yet begun on one of two construction phases authorized under the
revised IHA. The Navy attributed delays in progress and inaccuracies in
original construction planning due to a combination of: (1) Rain
delays, hurricane preparation, and Hurricane Irma, (2) Inefficiencies
by the contractor, and (3) Activities influenced by tides, originally
unaccounted for in the schedule.
On January 9, 2018, the Navy formally requested that NMFS issue an
IHA for one year from May 14, 2018, to May 13, 2019 in order to
complete a subset of the construction activity previously covered by
the 2017 IHA.
Because this IHA will cover a subset of the take already analyzed
and authorized through the previous IHA, we primarily refer back to our
previous documents and analysis, which remain germane, and describe any
changes here.
Description of the Proposed Activity and Anticipated Impacts
The 2017 IHA covered the installation of 880 single sheet piles
installed with a vibratory hammer over 110 days and 20 days of
contingency impact driving, for a total of up to 130 construction days.
The 2017 IHA authorized the Level B harassment of 370 bottlenose
dolphins (330 takes from vibratory pile driving, 40 from impact pile
driving), which could occur to any of the four stocks in the area. The
Navy did not complete that work, and now requests that this second IHA
cover the installation of the remaining 356 steel sheet piles over the
course of 43 pile-driving days, plus 10 contingency impact driving
days, for a total of 53 days.
To support public review and comment on the IHA that NMFS is
proposing to issue here, we refer to the documents related to the
previously issued IHA as well as discussing any new or changed
information. These previous documents include the Federal Register
notice of the issuance of the 2017 IHA for the Navy's Bravo Wharf (82
FR 11344, February 22, 2017), the Navy's application, the Federal
Register notice of the proposed IHA (81 FR 52637; December 1, 2016),
and all associated references and documents.
Detailed Description of the Action--A detailed description of the
proposed vibratory and impact pile driving activities at Bravo Wharf is
found in these previous documents. The location, timing (e.g., lack of
seasonality), and nature of the pile driving operations, including the
type and size of piles and the methods of pile driving, are identical
to those described in the previous notices, except that only a subset
of the number of piles are proposed to be driven here (356 piles over
53 days, versus 880 over 130 days).
Description of Marine Mammals--A description of the marine mammals
in the area of the activities is found in these previous documents,
which remains applicable to this IHA as well. In addition, NMFS has
reviewed recent draft Stock Assessment Reports (SARs), information on
relevant Unusual Mortality Events, and recent scientific literature,
and determined that no new information affects our original analysis of
impacts under the current IHA. Since issuing the 2017 IHA, NMFS
published draft SARs (82 FR 60181; 19 December 2017). In the draft
SARs, stock abundance information has preliminary changed for species
that have the potential to occur in the activity area but for which
take is not anticipated or authorized, which includes North Atlantic
right whales and humpback whales. Abundance has changed for two stocks
of bottlenose dolphins for which take is authorized: the Western North
Atlantic, Northern Florida Coastal, and the Western North Atlantic,
southern migratory coastal stocks. However, proposed abundance changes
do not affect our estimated take numbers or negligible impact and small
numbers determinations, and therefore these changes do not affect our
analysis.
Potential Effects on Marine Mammals--A description of the
[[Page 14445]]
potential effects of the specified activities on marine mammals and
their habitat is found in these previous documents, which remains
applicable to this IHA. There is no new information on potential
effects.
Estimated Take--A description of the methods and inputs used to
estimate take anticipated to occur and, ultimately, the take that was
authorized is found in these previous documents. The methods of
estimating take are identical to those used in the previous IHA, as is
the density of marine mammals. One input into the take estimate, the
source levels, was changed to reflect newer information. The original
IHA reflected a vibratory pile driving source level of 151 decibels
(dB) root mean square (rms), but more recent measurements (measurements
of vibratory driving of steel sheet piles during the first year of
construction at nearby Wharf C-2 at Naval Station Mayport (DoN 2015)
support a higher source level (156 dB rms). The impact pile driving
source level of was also corrected from 189 dB rms to 190 rms (CalTrans
2015). The Navy modified their take estimates to reflect these newer
values, which NMFS used for issuance of another IHA at Bravo Wharf (83
FR 9287; March 5, 2018). Using the same take estimate methodology
described in the 2017 IHA and the updated source levels (which extends
the vibratory pile driving Level B harassment isopleth from 1,166
meters (m) to 2,512 m, and the impact pile driving Level B harassment
isopleth from 858 m to 1000 m), the Navy has requested 242 Level B
harassment takes of bottlenose dolphins during vibratory driving and 22
during impact driving, for a total of 264 requested Level B bottlenose
dolphin takes, which NMFS agrees is an accurate estimate of incidental
take that may occur.. There are four stocks of bottlenose dolphins to
which takes could accrue: Jacksonville Estuarine System; Western North
Atlantic, northern Florida coastal; Western North Atlantic, offshore;
and Western North Atlantic, southern migratory coastal.
The change in source levels results in only minimal changes to
Level A Harassment zones (it is still less than 2 m for mid-frequency
species and increased slightly from 40 m to 46 m for low frequency
species during impact driving) and our conclusions remain unchanged.
Level A incidental take is not expected to occur for the same reasons
discussed in the previous documents (combination of improbability of
animals entering the small zone and the expected effectiveness of the
mitigation) and none is proposed for authorization.
Description of Proposed Mitigation, Monitoring and Reporting
Measures--A description of proposed mitigation, monitoring, and
reporting measures is found in the previous documents, which are
identical in this proposed IHA. In summary, mitigation includes soft
start techniques, as well as a 15-m shutdown zone for vibratory pile
driving and 40-m shutdown for impact pile driving. Two trained
observers will monitor to implement shutdowns and collect information.
On January 9, 2018, the Navy submitted a monitoring report for
construction that had been completed under the 2017 IHA. The Navy
complied with all mitigation, monitoring, and reporting protocols.
Recorded takes were below the number authorized for the corresponding
amount of work. The monitoring report can be viewed on NMFS's website
at https://www.fisheries.noaa.gov/node/23111.
Preliminary Determinations
The Navy proposes to conduct a subset of activities identical to
those covered in the previous 2017 IHA, As described above, the number
of estimated takes of the same stocks of bottlenose dolphins
(Jacksonville Estuarine System; northern Florida coastal; Western North
Atlantic, offshore; and southern migratory coastal) is significantly
lower than the 330 Level B harassment takes from vibratory pile driving
and 40 Level B harassment takes from impact pile driving that were
found to meet the negligible impact and small numbers standards and
authorized under the 2017 IHA. The proposed IHA includes identical
required mitigation, monitoring, and reporting measures as the 2017
IHA, and there is no new information suggesting that our analysis or
findings should change.
Based on the information 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 represent small
numbers of marine mammals relative to the affected stock abundances;
and (4) the Navy'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.
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.
However, 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 action.
Proposed Authorization
As a result of these preliminary determinations, we are proposing
to issue an IHA to the Navy to conduct the specified activities in
Naval Station Mayport, FL from May 14, 2018, through May 13, 2019,
provided the previously described mitigation, monitoring, and reporting
requirements are incorporated.
This section contains a draft of the IHA itself. The wording
contained in this section is proposed for inclusion in the IHA (if
issued).
1. This Incidental Harassment Authorization (IHA) is valid from May
14, 2018, through May 13, 2019.
2. This IHA is valid only for pile driving activities associated
with the Bravo Wharf Recapitalization Project at Naval Station Mayport,
Florida.
3. General Conditions
(a) A copy of this IHA must be in the possession of the Navy, its
designees, and work crew personnel operating under the authority of
this IHA.
(b) The species authorized for taking is the bottlenose dolphin
(Tursiops truncatus) from any of the four following stocks:
Jacksonville Estuarine System; Western North Atlantic, Northern Florida
coastal; Western North Atlantic, offshore; and Western North Atlantic,
southern migratory coastal.
(c) The taking is limited to 264 Level B harassment takes from any
of the aforementioned stocks of bottlenose dolphins.
(d) The taking by injury (Level A harassment), serious injury, or
death of the species listed in condition 3(b) of the Authorization or
any taking of any other species of marine mammal is prohibited and may
result in the modification, suspension, or revocation of this IHA.
[[Page 14446]]
(e) The Navy shall conduct briefings between construction
supervisors and crews, marine mammal monitoring team, and Navy staff
prior to the start of all pile driving activity, and when new personnel
join the work, in order to explain responsibilities, communication
procedures, marine mammal monitoring protocol, and operational
procedures.
4. Mitigation Measures
The holder of this Authorization is required to implement the
following mitigation measures:
(a) For all pile driving, the Navy shall implement a minimum
shutdown zone of 15 m radius around the pile. For impact driving of
steel piles, the minimum shutdown zone shall be a 40 m radius. If a
marine mammal comes within or approaches the shutdown zone, such
operations shall cease.
(b) The Navy shall establish monitoring locations as described
below. Please also refer to the Marine Mammal Monitoring Plan
(available at https://www.fisheries.noaa.gov/node/23111).
i. For all pile driving activities, a minimum of two observers
shall be deployed, with one positioned to achieve optimal monitoring of
the shutdown zone and the second positioned to achieve optimal
monitoring of surrounding waters of the turning basin, the entrance to
that basin, and portions of the Atlantic Ocean. If practicable, the
second observer should be deployed to an elevated position, preferably
opposite Bravo Wharf and with clear sight lines to the wharf and out
the entrance channel.
ii. These observers shall record all observations of marine
mammals, regardless of distance from the pile being driven, as well as
behavior and potential behavioral reactions of the animals.
Observations within the turning basin shall be distinguished from those
in the entrance channel and nearshore waters of the Atlantic Ocean.
iii. All observers shall be equipped for communication of marine
mammal observations amongst each other and to other relevant personnel
(e.g., those necessary to effect activity delay or shutdown).
(c) Monitoring shall take place from fifteen minutes prior to
initiation of pile driving activity through thirty minutes post-
completion of pile driving activity. Pile driving may commence when
observers have declared the shutdown zone clear of marine mammals. In
the event of a delay or shutdown of activity resulting from marine
mammals in the shutdown zone, animals shall be allowed to remain in the
shutdown zone (i.e., must leave of their own volition) and their
behavior shall be monitored and documented. Monitoring shall occur
throughout the time required to drive a pile. The shutdown zone must be
determined to be clear during periods of good visibility (i.e., the
entire shutdown zone and surrounding waters must be visible to the
naked eye).
(d) If a marine mammal approaches or enters the shutdown zone, all
pile driving activities at that location shall be halted. If pile
driving is halted or delayed due to the presence of a marine mammal,
the activity may not commence or resume until either the animal has
voluntarily left and been visually confirmed beyond the shutdown zone
or fifteen minutes have passed without re-detection of the animal.
(e) Monitoring shall be conducted by qualified observers, as
described in the Monitoring Plan. Trained observers shall be placed
from the best vantage point(s) practicable to monitor for marine
mammals and implement shutdown or delay procedures when applicable
through communication with the equipment operator. Observer training
must be provided prior to project start and in accordance with the
monitoring plan, and shall include instruction on species
identification (sufficient to distinguish the species listed in 3(b)),
description and categorization of observed behaviors and interpretation
of behaviors that may be construed as being reactions to the specified
activity, proper completion of data forms, and other basic components
of biological monitoring, including tracking of observed animals or
groups of animals such that repeat sound exposures may be attributed to
individuals (to the extent possible).
(f) The Navy shall use soft start techniques recommended by NMFS
for impact pile driving. Soft start requires contractors to provide an
initial set of strikes at reduced energy, followed by a thirty-second
waiting period, then two subsequent reduced energy strike sets. Soft
start shall 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 thirty minutes or longer.
(g) Pile driving shall only be conducted during daylight hours.
(h) If a species for which authorization has not been granted, or a
species for which authorization has been granted but the authorized
takes are met, is observed approaching or within the monitoring zone,
pile driving and removal activities must shut down immediately using
delay and shut-down procedures. Activities must not resume until the
animal has been confirmed to have left the area or fifteen minutes have
passed without re-detection of the animal.
5. Monitoring
The holder of this Authorization is required to conduct marine
mammal monitoring during pile driving activity. Marine mammal
monitoring and reporting shall be conducted in accordance with the
Monitoring Plan.
(a) The Navy shall collect sighting data and behavioral responses
to pile driving for marine mammal species observed in the region of
activity during the period of activity. All observers shall be trained
in marine mammal identification and behaviors, and shall have no other
construction-related tasks while conducting monitoring.
(b) For all marine mammal monitoring, the information shall be
recorded as described in the Monitoring Plan.
6. Reporting
The holder of this Authorization is required to:
(a) Submit a draft report on all monitoring conducted under the IHA
within ninety days of the completion of marine mammal monitoring, or
sixty days prior to the issuance of any subsequent IHA for projects at
Naval Station Mayport, whichever comes first. A final report shall be
prepared and submitted within thirty days following resolution of
comments on the draft report from NMFS. This report must contain the
informational elements described in the Monitoring Plan, at minimum
(see https://www.fisheries.noaa.gov/node/23111), and shall also
include:
i. Detailed information about any implementation of shutdowns,
including the distance of animals to the pile and description of
specific actions that ensued and resulting behavior of the animal, if
any.
ii. Description of attempts to distinguish between the number of
individual animals taken and the number of incidents of take, such as
ability to track groups or individuals.
iii. Estimated total take extrapolated from the number of marine
mammals observed during the course of construction activities, if
necessary.
(b) Reporting injured or dead marine mammals:
i. In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by this IHA,
such as an injury (Level A harassment), serious injury, or mortality,
Navy shall immediately cease the specified activities and report the
incident to the Office of Protected Resources, NMFS, and the Southeast
Regional Stranding
[[Page 14447]]
Coordinator, NMFS. The report must include the following information:
A. Time and date of the incident;
B. Description of the incident;
C. Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
D. Description of all marine mammal observations in the 24 hours
preceding the incident;
E. Species identification or description of the animal(s) involved;
F. Fate of the animal(s); and
G. Photographs or video footage of the animal(s).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with Navy to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. Navy may not resume
their activities until notified by NMFS.
ii. In the event that Navy discovers an injured or dead marine
mammal, and the lead observer determines that the cause of the injury
or death is unknown and the death is relatively recent (e.g., in less
than a moderate state of decomposition), Navy shall immediately report
the incident to the Office of Protected Resources, NMFS, and the
Southeast Regional Stranding Coordinator, NMFS.
The report must include the same information identified in 6(b)(i)
of this IHA. Activities may continue while NMFS reviews the
circumstances of the incident. NMFS will work with Navy to determine
whether additional mitigation measures or modifications to the
activities are appropriate.
iii. In the event that Navy discovers an injured or dead marine
mammal, and the lead observer determines that the injury or death is
not associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, scavenger damage), Navy shall report the incident to the
Office of Protected Resources, NMFS, and the Southeast Regional
Stranding Coordinator, NMFS, within 24 hours of the discovery. Navy
shall provide photographs or video footage or other documentation of
the stranded animal sighting to NMFS. The Navy can continue its
operations under such a case.
7. This Authorization may be modified, suspended or withdrawn if
the holder fails to abide by the conditions prescribed herein, or if
NMFS determines the authorized taking is having more than a negligible
impact on the species or stock of affected marine mammals.
Request for Public Comments
We request comment on our analyses, the draft authorization, and
any other aspect of this Notice of Proposed IHA for Navy's Bravo wharf
construction activities. Please include with your comments any
supporting data or literature citations to help inform our final
decision on Navy's request for an MMPA authorization.
Dated: March 29, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018-06772 Filed 4-3-18; 8:45 am]
BILLING CODE 3510-22-P
