Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Weapons Station Seal Beach, California, 48914-48915 [2019-20008]

Download as PDF 48914 Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices which they are applying; community and professional affiliations; views regarding the protection and management of marine or Great Lakes resources; and possibly the length of residence in the area affected by the site. Council members and alternates for the Proposed Lake Ontario National Marine Sanctuary Advisory Council serve threeyear terms, as reflected in the signed charter. More information on advisory council membership and processes, and materials related to the purpose, policies, and operational requirements for advisory councils can be found in the charter for a particular advisory council (https://sanctuaries.noaa.gov/ management/ac/council_charters.html) and the National Marine Sanctuary Advisory Council Implementation Handbook (https://sanctuaries.noaa.gov/ management/ac/acref.html). For more information about the new advisory council for the proposed national marine sanctuary in Lake Ontario, including seat descriptions and application materials, please visit https://sanctuaries.noaa.gov/lakeontario/. jbell on DSK3GLQ082PROD with NOTICES B. Paperwork Reduction Act ONMS has a valid Office of Management and Budget (OMB) control number (0648–0397) for the collection of public information related to the processing of ONMS national marine sanctuary advisory council applications across the National Marine Sanctuary System. Establishing a sanctuary advisory council for the proposed sanctuary in Lake Ontario fits within the estimated reporting burden under that control number. See https:// www.reginfo.gov/public/do/PRASearch (Enter Control Number 0648–0397). Therefore, ONMS will not request an update to the reporting burden certified for OMB control number 0648–0397. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to: Office of National Marine Sanctuaries, 1305 East West Highway, N/NMS, Silver Spring, Maryland 20910. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. The OMB control number is #0648–0397. VerDate Sep<11>2014 17:05 Sep 16, 2019 Jkt 247001 Authority: 16 U.S.C. 1431 et seq. John Armor, Director, Office of National Marine Sanctuaries. [FR Doc. 2019–20069 Filed 9–16–19; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF591 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Weapons Station Seal Beach, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information. AGENCY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take small numbers of marine mammals incidental to conducting construction activities related to construction of an ammunition pier and turning basin at Naval Weapons Station Seal Beach, California, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Navy’s application and request. DATES: Comments and information must be received no later than October 17, 2019. ADDRESSES: Comments on the applications 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 ITP.Laws@noaa.gov. 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 25SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 to the internet at www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities 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. Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. An electronic copy of the Navy’s application may be obtained online at: www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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. E:\FR\FM\17SEN1.SGM 17SEN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices 48915 or more Senior Executive Service (SES) performance review boards. The purpose of these boards is to review and evaluate the initial appraisal of a senior executive’s performance by the supervisor, along with any recommendations to the appointing authority relative to the performance of the senior executive. The current members of the Council of the Inspectors General on Integrity and Efficiency Performance Review Board, as of October 1, 2019, are as follows: 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). information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the Navy, if appropriate. Summary of Request On September 10, 2019, NMFS received an adequate and complete application from the Navy requesting authorization for take of marine mammals incidental to construction activities related to construction of an ammunition pier and turning basin at Naval Weapons Station Seal Beach, California. The requested regulations would be valid for five years, from 2020 through 2025. The Navy plans to conduct necessary work, including impact and vibratory pile driving, to demolish the old pier and construct a new one. The proposed action may incidentally expose marine mammals occurring in the vicinity to elevated levels of underwater sound, thereby resulting in incidental take, by Level B harassment only. Therefore, the Navy requests authorization to incidentally take marine mammals. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY I. Background Specified Activities Naval Weapons Station Seal Beach was commissioned in 1944 as a Naval Ammunition and Net Depot, and the existing wharf was rebuilt in 1953. This facility is the Navy’s primary weapons station on the U.S. West Coast. The existing wharf is past its design life, not in compliance with modern earthquake codes, and presents safety and security concerns due to the proximity of naval munitions operations to civilian small boat traffic and the Pacific Coast Highway. Therefore, replacement of the wharf is planned, and is expected to require removal of approximately 100 piles and installation via impact hammer of approximately 900 new concrete piles. The work is expected to require approximately 474 days over the 5-year period. Bottlenose dolphins, harbor seals, California sea lions, and common dolphins have been observed in the area. The Inspector General Act of 1978, as amended, created the Offices of Inspectors General as independent and objective units to conduct and supervise audits and investigations relating to Federal programs and operations. The Inspector General Reform Act of 2008, established the Council of the Inspectors General on Integrity and Efficiency (CIGIE) to address integrity, economy, and effectiveness issues that transcend individual Government agencies; and increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a welltrained and highly skilled workforce in the Offices of Inspectors General. The CIGIE is an interagency council whose executive chair is the Deputy Director for Management, Office of Management and Budget, and is comprised principally of the 73 Inspectors General (IGs). Department of Agriculture Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’s request (see ADDRESSES). NMFS will consider all II. CIGIE Performance Review Board Phone Number: (202) 482–4661 Under 5 U.S.C. 4314(c)(1)–(5), and in accordance with regulations prescribed by the Office of Personnel Management, each agency is required to establish one CIGIE Liaison—Clark Reid (202) 482– 4661 E. Wade Green—Counsel to the Inspector General. VerDate Sep<11>2014 17:05 Sep 16, 2019 Jkt 247001 Dated: September 11, 2019. Catherine G. Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2019–20008 Filed 9–16–19; 8:45 am] BILLING CODE 3510–22–P Agency for International Development Senior Executive Service Performance Review Board Membership Council of the Inspectors General on Integrity and Efficiency. ACTION: Notice. AGENCY: This notice sets forth the names and titles of the current membership of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) Performance Review Board as of October 1, 2019. DATES: Applicable: October 1, 2019. FOR FURTHER INFORMATION CONTACT: Individual Offices of Inspectors General at the telephone numbers listed below. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Phone Number: (202) 712–1150 CIGIE Liaison—Thomas Ullom (202) 712–1150 Thomas Ullom—Deputy Inspector General. Justin Brown—Counselor to the Inspector General (SL). Daniel Altman—Assistant Inspector General for Investigations. Suzann Gallaher—Deputy Assistant Inspector General for Investigations. Thomas Yatsco—Assistant Inspector General for Audit. Alvin A. Brown—Deputy Assistant Inspector General for Audit. Toayoa Aldridge—Deputy Assistant Inspector General for Audit. Jason Carroll—Assistant Inspector General for Management. Parisa Salehi—Deputy Assistant Inspector General for Management. Nicole Angarella—General Counsel to the Inspector General. Phone Number: (202) 720–8001 CIGIE Liaison—Angel N. Bethea (202) 720–8001 Ann M. Coffey—Deputy Inspector General. Christy A. Slamowitz—Counsel to the Inspector General. Gilroy Harden—Assistant Inspector General for Audit. Steven H. Rickrode, Jr.—Deputy Assistant Inspector General for Audit. Yarisis Rivera Rojas—Deputy Assistant Inspector General for Audit. Peter P. Paradis, Sr.—Deputy Assistant Inspector General for Investigations. Virginia E.B. Rone—Assistant Inspector General for Data Sciences. Robert J. Huttenlocker—Assistant Inspector General for Management. Department of Commerce E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48914-48915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20008]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF591


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Construction at Naval Weapons Station Seal 
Beach, California

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

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

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

SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take small numbers of marine mammals incidental to 
conducting construction activities related to construction of an 
ammunition pier and turning basin at Naval Weapons Station Seal Beach, 
California, over the course of five years from the date of issuance. 
Pursuant to regulations implementing the Marine Mammal Protection Act 
(MMPA), NMFS is announcing receipt of the Navy's request for the 
development and implementation of regulations governing the incidental 
taking of marine mammals. NMFS invites the public to provide 
information, suggestions, and comments on the Navy's application and 
request.

DATES: Comments and information must be received no later than October 
17, 2019.

ADDRESSES: Comments on the applications 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 to the internet at 
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities 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: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's 
application may be obtained online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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 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.

[[Page 48915]]

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 10, 2019, NMFS received an adequate and complete 
application from the Navy requesting authorization for take of marine 
mammals incidental to construction activities related to construction 
of an ammunition pier and turning basin at Naval Weapons Station Seal 
Beach, California. The requested regulations would be valid for five 
years, from 2020 through 2025. The Navy plans to conduct necessary 
work, including impact and vibratory pile driving, to demolish the old 
pier and construct a new one. The proposed action may incidentally 
expose marine mammals occurring in the vicinity to elevated levels of 
underwater sound, thereby resulting in incidental take, by Level B 
harassment only. Therefore, the Navy requests authorization to 
incidentally take marine mammals.

Specified Activities

    Naval Weapons Station Seal Beach was commissioned in 1944 as a 
Naval Ammunition and Net Depot, and the existing wharf was rebuilt in 
1953. This facility is the Navy's primary weapons station on the U.S. 
West Coast. The existing wharf is past its design life, not in 
compliance with modern earthquake codes, and presents safety and 
security concerns due to the proximity of naval munitions operations to 
civilian small boat traffic and the Pacific Coast Highway. Therefore, 
replacement of the wharf is planned, and is expected to require removal 
of approximately 100 piles and installation via impact hammer of 
approximately 900 new concrete piles. The work is expected to require 
approximately 474 days over the 5-year period. Bottlenose dolphins, 
harbor seals, California sea lions, and common dolphins have been 
observed in the area.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by the Navy, if appropriate.

    Dated: September 11, 2019.
Catherine G. Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2019-20008 Filed 9-16-19; 8:45 am]
 BILLING CODE 3510-22-P

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