Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia, 35267-35268 [2020-12466]
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
AGENCY:
structure maintenance, pile
replacement, and select waterfront
improvements at Naval Station Norfolk
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 July 9, 2020.
ADDRESSES: Comments on the
application 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.Davis@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. All comments received are a
part of the public record and will
generally be posted online at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities 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:
Leah Davis, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the Navy’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take small numbers of
marine mammals incidental to
construction activities including marine
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
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.).
The applicant proposes to receive,
import, and export marine mammal
parts for scientific research to develop
cell lines that will be used to study
cetacean development for evolutionary
neuroscience and toxicology studies. An
unlimited number of samples or cell
lines from up to 480 individual
cetaceans may be received, imported, or
exported annually. An additional 50
established cetacean cell lines may be
acquired under this permit. The
requested duration of the permit is 5
years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2020–12403 Filed 6–8–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA215]
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Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at
Naval Station Norfolk in Norfolk,
Virginia
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:
VerDate Sep<11>2014
23:08 Jun 08, 2020
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PO 00000
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Fmt 4703
Sfmt 4703
35267
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 incidental take authorization 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).
Summary of Request
In February 2020, NMFS received an
application from the Navy requesting
authorization for take of marine
mammals incidental to construction
activities including marine structure
maintenance, pile replacement, and
select waterfront improvements at Naval
Station Norfolk. NMFS reviewed the
Navy’s application, and the Navy
provided an updated version addressing
NMFS’ questions and comments on May
22, 2020. The requested regulations
would be valid for five years, from 2021
through 2025. The Navy plans to
conduct necessary work, including
impact and vibratory pile driving, to
repair and upgrade waterfront
structures. The proposed action may
incidentally expose marine mammals
occurring in the vicinity to elevated
levels of underwater sound, potentially
resulting in incidental take, by
harassment only. Therefore, the Navy
requests authorization to incidentally
take marine mammals.
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09JNN1
35268
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
Specified Activities
The Navy is proposing to upgrade two
waterfront facilities on Naval Station
Norfolk: the Morale, Welfare, and
Recreation (MWR) Marina and the VArea. The Navy is also proposing to
conduct general marine structure
maintenance, pile replacement, and
upgrade activities, as needed, at
waterfront facilities at Naval Station
Norfolk, Defense Fuel Supply Point
Craney Island, and Lambert’s Point
Deperming Station. The Navy expects
construction will require approximately
574 in-water workdays over the fiveyear period. Five species of marine
mammals have been observed in the
area and have the potential to be taken
by the Navy’s activities.
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: June 4, 2020.
Donna Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–12466 Filed 6–8–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA160]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Lighthouse Repair and
Tour Operations at Northwest Seal
Rock, 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 St. George Reef Lighthouse
Preservation Society (Society) for
authorization to take small numbers of
marine mammals incidental to
Lighthouse Repair and Tour Operations
at Northwest Seal Rock, California over
the course of five years from the date of
issuance. Pursuant to regulations
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
23:08 Jun 08, 2020
Jkt 250001
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the Society’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
Society’s application and request.
DATES: Comments and information must
be received no later than July 9, 2020.
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.DeJoseph@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 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/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-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:
Bonnie DeJoseph, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the Society’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-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
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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 incidental take authorization 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).
Summary of Request
On March 23, 2020, NMFS received a
request from the Society for
authorization of take of marine
mammals incidental to construction
activities related to the lighthouse
maintenance and preservation project at
Northwest Seal Rock (NWSR), Del Norte
County, California. We determined the
application was adequate and complete
on April 16, 2020. The requested
regulations would be valid for five
years, from November 1, 2020 through
October 31, 2025, The Society plans to
conduct necessary work, including
visiting the islet by helicopter to
conduct lighthouse renovations and
periodic maintenance on the Station’s
optical light system, as well as public
tours of the historic lighthouse, to
preserve the lighthouse. The proposed
action may incidentally expose marine
mammals occurring in the vicinity to
acoustic and visual stimuli from the
following sources: (1) Helicopter
landings/takeoffs; (2) noise generated
during restoration activities (e.g.,
E:\FR\FM\09JNN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35267-35268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12466]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA215]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Naval Station Norfolk in
Norfolk, Virginia
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
construction activities including marine structure maintenance, pile
replacement, and select waterfront improvements at Naval Station
Norfolk 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 July 9,
2020.
ADDRESSES: Comments on the application 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. All comments received are a part of the
public record and will generally be posted online at https://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: Leah Davis, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: https://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 incidental take authorization 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).
Summary of Request
In February 2020, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities including marine structure maintenance, pile
replacement, and select waterfront improvements at Naval Station
Norfolk. NMFS reviewed the Navy's application, and the Navy provided an
updated version addressing NMFS' questions and comments on May 22,
2020. The requested regulations would be valid for five years, from
2021 through 2025. The Navy plans to conduct necessary work, including
impact and vibratory pile driving, to repair and upgrade waterfront
structures. The proposed action may incidentally expose marine mammals
occurring in the vicinity to elevated levels of underwater sound,
potentially resulting in incidental take, by harassment only.
Therefore, the Navy requests authorization to incidentally take marine
mammals.
[[Page 35268]]
Specified Activities
The Navy is proposing to upgrade two waterfront facilities on Naval
Station Norfolk: the Morale, Welfare, and Recreation (MWR) Marina and
the V-Area. The Navy is also proposing to conduct general marine
structure maintenance, pile replacement, and upgrade activities, as
needed, at waterfront facilities at Naval Station Norfolk, Defense Fuel
Supply Point Craney Island, and Lambert's Point Deperming Station. The
Navy expects construction will require approximately 574 in-water
workdays over the five-year period. Five species of marine mammals have
been observed in the area and have the potential to be taken by the
Navy's activities.
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: June 4, 2020.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-12466 Filed 6-8-20; 8:45 am]
BILLING CODE 3510-22-P
