Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project, 38125-38127 [2018-16599]
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices
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[FR Doc. 2018–16678 Filed 8–2–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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RIN 0648–XG131
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.
AGENCY:
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Notice; issuance of incidental
harassment authorization.
ACTION:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
U.S. Navy (Navy) for the take, by Level
B harassment only, of bottlenose
dolphins (Tursiops truncatus),
incidental to the Bravo Wharf
Recapitalization Project at Bravo Wharf,
Naval Station Mayport, Florida.
DATES: The IHA is valid from May 14,
2018 through May 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8438.
SUMMARY:
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
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
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38125
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 the IHA covers a subset of the
same work covered in a former IHA,
NMFS is relying on this same EA and
FONSI document.
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). 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 were, and are,
expected to result in the take of
individuals from four stocks of
bottlenose dolphins.
On January 23, 2017, the Navy
informed NMFS that no work had been
performed relevant to the specified
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices
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. We issued a notice of
proposed IHA on April 4, 2018 (83 FR
1443) primarily referring back to our
previous documents and analysis but
fully describing updates to acoustic
analysis, take numbers (due to
decreased amount of work), and stock
abundances.
amozie on DSK3GDR082PROD with NOTICES1
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to the Navy for the Bravo Wharf
Recapitalization Project was published
in the Federal Register on April 4, 2018
(83 FR 14443). During the 30-day public
comment period, we received one letter,
dated April 30, 2018, from the Marine
Mammal Commission (Commission).
The Commission concurs with NMFS’s
preliminary findings and recommends
that NMFS issue the incidental
harassment authorization, subject to
inclusion of the proposed mitigation,
monitoring, and reporting measures.
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 requested that
a 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. Other documents that
fully describe the project include the
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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 the
aforementioned 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 under the
recently issued IHA (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 also found in
the aforementioned documents, which
remains applicable to this IHA except
for new information in the 2016 stock
assessment reports where abundance for
the Northern Florida coastal stock was
reduced from 1,219 to 877 individuals
and southern migratory coastal stock
was decreased from 9,137 to 3,751
individuals.
Potential Effects on Marine
Mammals—A description of the
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 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
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Sfmt 4703
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), we are
authorizing 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. 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. No Level A take is
authorized.
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 and provided in our April 4, 2018
notice of proposed IHA. In summary,
mitigation includes soft start
techniques, as well as a 15-m shutdown
zone for vibratory pile driving and 40m 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.
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 IHA includes identical
required mitigation, monitoring, and
reporting measures as the 2017 IHA
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03AUN1
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices
(with the exception of harassment
distances, as described above), 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 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.
No incidental take of ESA-listed
species is authorized 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.
Authorization
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As a result of these determinations,
NMFS has issued an IHA to the Navy for
the harassment of small numbers of
bottlenose dolphins incidental to
construction activities related to the
Bravo Wharf Recapitalization Project,
Naval Base Mayport, Florida, provided
the previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: July 30, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–16599 Filed 8–2–18; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Southeast Region
Aquaculture Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before October 2, 2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jessica Beck-Stimpert, NMFS
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701,
phone: 727–824–5305, or email:
jess.beck@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for an extension and
revision of a currently approved
information collection under the Office
of Management and Budget’s (OMB)
Control Number 0648–0703, Southeast
Region Aquaculture Program. NMFS
manages aquaculture operations in
Federal waters of the Gulf of Mexico
(Gulf) under the Fishery Management
Plan for Regulating Offshore Marine
Aquaculture in the Gulf of Mexico
(Aquaculture FMP). The final rule for
the Aquaculture FMP published in the
Federal Register on January 13, 2016
(81 FR 1762; RIN 0648–AS65).
This collection of information tracks
the administrative functions associated
with the aquaculture program (e.g.,
registration and account setup, landing
transactions, and most reporting
requirements).
The NMFS Southeast Regional Office
also proposes to revise parts of the
information collection approved under
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Sfmt 4703
38127
OMB Control Number 0648–0703 to
account for updates to burden time and
cost estimates, inclusion of new forms
to fulfill rule requirements and
administrative updates to online and
paper forms. NMFS intends the
revisions would make instructions and
data collection requirements clearer and
easier to understand, resulting in more
accurate and efficient information
available for use by fishery managers.
II. Method of Collection
Information for the Southeast Region
Aquaculture Program is collected online
via the aquaculture website (https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/aquaculture/);
therefore, a participant must have access
to a computer and internet access, and
must set up an appropriate online
aquaculture account to participate.
Assistance with online functions will be
available from customer service Monday
through Friday between 8 a.m. and 4:30
p.m., eastern time. If some online
reporting functions are not available at
the time of initial implementation of the
aquaculture program, participants may
comply by submitting the required
information via email to the NMFS
Southeast Region using the appropriate
forms that are available on the website.
Once online functions are available to
the public, participants must comply by
using the online system unless
alternative methods are specified.
Operators of aquaculture facilities
would be required to submit all
information requirements to NMFS,
with the exception of the bill of lading
information, which will accompany
each shipment of cultured product.
Currently, all submissions would be via
the online website, unless otherwise
noted. Additionally, dealers who
purchase aquaculture product from
facilities would be required to submit
information on those purchases.
III. Data
OMB Control Number: 0648–0703.
Form Number(s): None.
Type of Review: Regular submission
(extension and revision of a currently
approved information collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents: 40
(20 operators, 20 dealers).
Estimated Time per Response:
• Federal Permit Application for
Offshore Aquaculture in the Gulf of
Mexico, 3 hours.
• Notification to Delay Permit
Issuance, Annual Report for Gulf
Aquaculture Permittees, Certification for
Broodstock and Juveniles, Marine
Mammal Authorization Form,
E:\FR\FM\03AUN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38125-38127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16599]
-----------------------------------------------------------------------
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; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the U.S. Navy (Navy) for the take, by Level B harassment only, of
bottlenose dolphins (Tursiops truncatus), incidental to the Bravo Wharf
Recapitalization Project at Bravo Wharf, Naval Station Mayport,
Florida.
DATES: The IHA is valid from May 14, 2018 through May 13, 2019.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8438.
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 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 the IHA covers a subset of
the same work covered in a former IHA, NMFS is relying on this same EA
and FONSI document.
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 were, and are, expected to result in
the take of individuals from four stocks of bottlenose dolphins.
On January 23, 2017, the Navy informed NMFS that no work had been
performed relevant to the specified
[[Page 38126]]
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. We issued a notice of proposed IHA on April 4, 2018 (83
FR 1443) primarily referring back to our previous documents and
analysis but fully describing updates to acoustic analysis, take
numbers (due to decreased amount of work), and stock abundances.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the Navy for the
Bravo Wharf Recapitalization Project was published in the Federal
Register on April 4, 2018 (83 FR 14443). During the 30-day public
comment period, we received one letter, dated April 30, 2018, from the
Marine Mammal Commission (Commission). The Commission concurs with
NMFS's preliminary findings and recommends that NMFS issue the
incidental harassment authorization, subject to inclusion of the
proposed mitigation, monitoring, and reporting measures.
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 requested that a 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. Other documents that fully describe the project
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 the aforementioned 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 under the
recently issued IHA (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 also found in the aforementioned
documents, which remains applicable to this IHA except for new
information in the 2016 stock assessment reports where abundance for
the Northern Florida coastal stock was reduced from 1,219 to 877
individuals and southern migratory coastal stock was decreased from
9,137 to 3,751 individuals.
Potential Effects on Marine Mammals--A description of the 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 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), we are authorizing 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. 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. No Level A take
is authorized.
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 and provided in our April 4, 2018 notice
of 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.
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 IHA includes identical required
mitigation, monitoring, and reporting measures as the 2017 IHA
[[Page 38127]]
(with the exception of harassment distances, as described above), 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 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.
No incidental take of ESA-listed species is authorized 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.
Authorization
As a result of these determinations, NMFS has issued an IHA to the
Navy for the harassment of small numbers of bottlenose dolphins
incidental to construction activities related to the Bravo Wharf
Recapitalization Project, Naval Base Mayport, Florida, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: July 30, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-16599 Filed 8-2-18; 8:45 am]
BILLING CODE 3510-22-P
