Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction, 18560-18561 [2020-06897]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 18560 Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Notices generation of leaders in estuarine science and coastal management by affording qualified graduate students the opportunity to conduct collaborative science within the National Estuarine Research Reserve System; partake in professional development opportunities; and receive mentoring to support professional growth. The National Estuarine Research Reserve System is a national program administered by the Office for Coastal Management. The National Estuarine Reserve System has an interest in balancing the needs of the natural environment and coastal economies and is one of the primary programs responsible for implementing the Coastal Zone Management Act. All Davidson Fellowship projects must be conducted in a research reserve and should be designed to contribute to one of the reserve’s priority management areas, and thus enhance the scientific understanding of the natural or social science aspects of the research subject matter. One fellow is being selected in Spring 2020 for each of the 29 reserves for a two-year duration. Mentoring and professional development activities will be provided to build knowledge and skills needed to successfully contribute to the workforce responsible for the coast. These opportunities are also designed to create a strong network among the fellows during their tenure and into the early portion of their careers. The purpose of this information collection is to gather information on the effectiveness of the Davidson Fellowship program in reaching the desired outcomes, so that we can adaptively manage and make continuous improvements to the program. This information collection will take place initially in Fall 2020, as the first cohort of fellows begins their program, and will gather information from selected fellows, their faculty advisors, contacts from each university’s sponsored program office, reserve staff, and NOAA federal and contract staff supporting the Davidson Fellowship program. It will take place again in Fall 2022, as the second cohort of fellows begins their program and the first cohort of fellows finishes, and will gather information from selected fellows, their faculty advisors, contacts from each university’s sponsored program office, reserve staff, and NOAA federal and contract staff supporting the Davidson Fellowship program. More information on the fellowship can be found at this link: Davidson Fellowship website. Program Authority: Section 315 of the Coastal Zone Management Act of 1972, VerDate Sep<11>2014 18:34 Apr 01, 2020 Jkt 250001 as amended CZMA, 16 U.S.C. 1461, establishes the National Estuarine Research Reserve System (NERRS). 16 U.S.C. 1461 (e)(1)(B) authorizes the Secretary of Commerce to make grants to any coastal state or public or private person for purposes of supporting research and monitoring within a National Estuarine Research Reserve that are consistent with the research guidelines developed under subsection (c). II. Method of Collection Information will be collected via an online survey, using Survey Monkey software, sent only to those directly involved with the Davidson Fellowship (student fellows, universities receiving funding for fellows, research reserves hosting the fellows, and NOAA staff and contractors supporting the program). III. Data OMB Control Number: 0648–xxxx. Form Number(s): None. Type of Review: Regular submission, new information collection. Affected Public: Those directly involved in the Davidson Fellowship— individuals (student fellows), academic institutions (universities receiving funding for student fellows), state government (research reserves), and federal government (NOAA staff supporting the program). Estimated Number of Respondents: 500. Estimated Time Per Response: 15 minutes. Estimated Total Annual Burden Hours: 52 hours (155 hours total spread over three years). Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 they also will become a matter of public record. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–06874 Filed 4–1–20; 8:45 am] BILLING CODE 3510–08–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RTID 0648–XR112 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of Letter of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Navy (Navy) for the take of marine mammals incidental to construction activities at Naval Weapons Station Seal Beach, California. DATES: Applicable from March 25, 2020 through March 25, 2025. ADDRESSES: The LOA and supporting documentation are available online at: www.fisheries.noaa.gov/action/ incidental-take-authorization-us-navyconstruction-ammunition-pier-andturning-basin-naval. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Notices An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). jbell on DSKJLSW7X2PROD with NOTICES Summary of Request On February 24, 2020, we issued a final rule upon request from the Navy for authorization to take marine mammals incidental to construction activities (85 FR 10312). The Navy plans to construct a new ammunition pier at Naval Weapons Station Seal Beach. This construction will include use of impact and vibratory pile driving, including installation and removal of steel, concrete, and timber piles. The use of both vibratory and impact pile driving is expected to produce underwater sound at levels that have the potential to result in behavioral harassment of marine mammals. Authorization We have issued a LOA to Navy authorizing the take of marine mammals incidental to construction activities, as described above. Take of marine mammals will be minimized through the implementation of the following planned mitigation measures: (1) Required monitoring of the construction area to detect the presence of marine mammals before beginning construction activities; (2) shutdown of construction activities under certain circumstances to avoid injury of marine mammals; and (3) soft start for impact pile driving to allow marine mammals the opportunity to leave the area prior to beginning impact pile driving at full power. VerDate Sep<11>2014 18:34 Apr 01, 2020 Jkt 250001 Additionally, the rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. The Navy will submit reports as required. Based on these findings and the information discussed in the preamble to the final rule, the activities described under this LOA will have a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stock for subsistence uses. Dated: March 30, 2020. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–06897 Filed 4–1–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Chesapeake Bay Watershed Environmental Literacy Indicator Tool. OMB Control Number: 0648–0753. Form Number(s): None. Type of Request: Regular (revision of an existing collection). Number of Respondents: 685. Average Hours per Response: 1 hour. Burden Hours: 229 hours. Needs and Uses: The Chesapeake Bay Watershed Agreement of 2014 required monitoring of progress toward the environmental literacy goal: ‘‘Enable students in the region to graduate with the knowledge and skills needed to act responsibly to protect and restore their local watersheds.’’ NOAA, on behalf of the Chesapeake Bay Program, will ask the state education agencies for Maryland, Pennsylvania, Delaware, Virginia, West Virginia, and the District of Columbia to survey their local education agencies (LEAs) to determine: (1) LEA capacity to implement a comprehensive and systemic approach to environmental literacy education, (2) student participation in Meaningful Watershed Educational Experience PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 18561 during the school year, (3) sustainability practices at schools, and (4) LEA needs for improving environmental literacy education programming. LEAs (generally school districts, in some cases charter school administration) are asked to complete the survey on the status of their LEA on a set of key indicators for the four areas listed above. One individual from each LEA is asked to complete their survey once every two years. The results of the biennial ELIT survey will be analyzed and reported to the internal stakeholders of the Chesapeake Bay Watershed Agreement. Participating states will receive a summarized report of findings for the full watershed, a summary of findings for their state, and comparisons of results between states. These aggregated results will be used by the state agencies to understand progress of their school districts over time, and to inform decision-making about strategies and priorities for future work with school districts. The biennial reporting will also be used by the Chesapeake Bay Program to understand progress of school districts in the watershed, understand differences between jurisdictions, and guide strategy for providing targeted support in each state. The instrument has undergone minor changes since its last PRA approval process which include the removal of a number of questions. These changes result in a reduction in the time burden from 90 minutes to 60 minutes per response. Affected Public: One representative from 685 local education agencies. Frequency: Biennially. Respondent’s Obligation: Voluntary. Legal Authority: U.S. Code: 42 U.S.C. 4321 et seq. Name of Law: National Environmental Policy Act. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18560-18561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06897]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RTID 0648-XR112


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Construction

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

ACTION: Notice of issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Navy 
(Navy) for the take of marine mammals incidental to construction 
activities at Naval Weapons Station Seal Beach, California.

DATES: Applicable from March 25, 2020 through March 25, 2025.

ADDRESSES: The LOA and supporting documentation are available online 
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-ammunition-pier-and-turning-basin-naval. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.

[[Page 18561]]

    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On February 24, 2020, we issued a final rule upon request from the 
Navy for authorization to take marine mammals incidental to 
construction activities (85 FR 10312). The Navy plans to construct a 
new ammunition pier at Naval Weapons Station Seal Beach. This 
construction will include use of impact and vibratory pile driving, 
including installation and removal of steel, concrete, and timber 
piles. The use of both vibratory and impact pile driving is expected to 
produce underwater sound at levels that have the potential to result in 
behavioral harassment of marine mammals.

Authorization

    We have issued a LOA to Navy authorizing the take of marine mammals 
incidental to construction activities, as described above. Take of 
marine mammals will be minimized through the implementation of the 
following planned mitigation measures: (1) Required monitoring of the 
construction area to detect the presence of marine mammals before 
beginning construction activities; (2) shutdown of construction 
activities under certain circumstances to avoid injury of marine 
mammals; and (3) soft start for impact pile driving to allow marine 
mammals the opportunity to leave the area prior to beginning impact 
pile driving at full power. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
Navy will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: March 30, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-06897 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-22-P
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