Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Marine Structure Maintenance and Pile Replacement in Washington, 42363-42364 [2020-15035]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
summer Chinook of 320,000 yearlings
and 484,000 subyearling Chinook at
Wells Hatchery. These two existing
programs are implemented under the
terms and conditions of ESA Section
10(a)(1)(B) Permit No. 23193. These
programs were evaluated in a 2019 Final
Environmental Assessment (FEA) for
ESA Section 4(d) Approval and Section
10(a)(1)(A) Permit Issuance for
Steelhead Hatchery Programs and
Section 10(a)(1)(B) Permits Issuance for
Summer/Fall and Fall Chinook Salmon
Hatchery Programs in the Upper
Columbia River Basin. The HGMP
describes broodstock collection,
incubation, rearing, release, and
monitoring and evaluation.
The Proposed Action is for NMFS to
make an ESA determination under Limit
5 of the 4(d) Rule for WDFW and
Douglas PUD Wells Summer Chinook
Salmon Hatchery Program for Southern
Resident killer whales (SRKW).
Alternatives considered for the project
include:
• A ‘‘No Action Alternative’’ where
NMFS would not make a determination
under the ESA 4(d) Rule;
• A ‘‘Proposed Action Alterative’’
(Preferred Alternative) where NMFS
would make a determination that the
submitted HGMP meets the criteria of
Limit 5 of the 4(d) Rule to produce up
to 1,000,000 Chinook salmon
subyearlings;
• A ‘‘Reduced Production
Alternative’’ where the hatchery
operators would submit a revised HGMP
proposing the production of 500,000
Chinook salmon smolts (i.e., a 50
percent reduction) and NMFS would
make a determination that the revised
HGMP meets the criteria of Limit 5 of
the 4(d) Rule; and
• A ‘‘No Production Alternative’’
where the proposed hatchery program
would not be implemented.
Based on the information examined
through the study of this project, the
NMFS has determined that a
Supplemental Environmental
Assessment is the appropriate level of
environmental documentation. The
NMFS has determined that there are no
significant impacts associated with the
project and has issued a FONSI.
This notice is being provided for
information purposes only, and as such,
there is no public comment period
associated with this notice. This notice
is issued under the authority of 5 U.S.C.
552(a).
Summary of Comments Received in the
Response to the Hatchery and Genetic
Management Plan and the 2019 FEA
NMFS published notice of its HGMP
for public review and comment on
VerDate Sep<11>2014
17:58 Jul 13, 2020
Jkt 250001
January 7, 2020 (85 FR 704), as required
under ESA Limit 5 of the 4(d) Rule. The
HGMP was available for public review
and comment for 30 days. One set of
comments was received by one
individual during this public
commenting period. NMFS considered
this information as we reviewed the
HGMP. WDFW and Douglas PUD did
not make any changes to their HGMP,
based on these comments.
The 2019 FEA that precedes the FSEA
was also made available for a 30-day
public comment period upon notice of
availability in the Federal Register on
April 2, 2019 (84 FR 12594). We
received comments from two
commenters. The comments were nonsubstantive and did not offer
suggestions for improving the hatchery
programs nor did they provide any
supporting information or
documentation for their critiques. None
of the comments resulted in edits to the
FEA.
Viewing the FSEA and FONSI
To view the FSEA and FONSI, please
visit: https://www.fisheries.noaa.gov/
west-coast/laws-and-policies/westcoast-hatchery-nepa-documents.
Authority
The FSEA and FONSI have been
prepared in accordance with NEPA (42
U.S.C. 4321 et seq.); Council on
Environmental Quality (CEQ)
Regulations for Implementing NEPA (40
CFR 1500–1508) and associated CEQ
guidelines: Department of Homeland
Security Directive 5100.1, National
Environmental Policy Act Implementing
Procedures and Policy for Considering
Environmental Impacts.
Dated: July 9, 2020.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2020–15141 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA269]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine
Structure Maintenance and Pile
Replacement in Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
42363
Notice of issuance of Letters of
Authorization.
ACTION:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that two Letters of
Authorization (LOA) have been issued
to the U.S. Navy (Navy) for the take of
marine mammals incidental to
maintenance construction activities at
facilities in Washington.
DATES: The Letters of Authorization are
effective from July 16, 2020, through
January 15, 2021, and from July 16,
2020, through February 15, 2021.
ADDRESSES: The LOAs and supporting
documentation are available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa. 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.
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)
E:\FR\FM\14JYN1.SGM
14JYN1
42364
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
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 April 17, 2019, we issued a final
rule upon request from the Navy for
authorization to take marine mammals
incidental to maintenance construction
activities at six facilities in Washington
(84 FR 15963). The Navy plans to
conduct construction necessary for
maintenance of existing in-water
structures at the following facilities:
Naval Base Kitsap (NBK) Bangor, NBK
Bremerton, NBK Keyport, NBK
Manchester, Zelatched Point, and Naval
Station Everett (NS Everett). These
repairs include use of impact and
vibratory pile driving, including
installation and removal of steel,
concrete, plastic, 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 harassment of
marine mammals.
For the 2020–21 in-water work
season, the Navy requested issuance of
LOAs for work planned at NBK
Manchester and Zelatched Point. The
Navy submitted site-specific monitoring
plans. Following NMFS review and
approval of the required plans, we have
issued the requested LOAs. The
approved plans are available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa.
Authorization
We have issued two LOAs to the Navy
authorizing the take of marine mammals
incidental to maintenance 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 areas 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
VerDate Sep<11>2014
17:58 Jul 13, 2020
Jkt 250001
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 these LOAs 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: July 7, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–15035 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD–2020–OS–0042]
Submission for OMB Review;
Comment Request
Defense Counterintelligence
and Security Agency (DCSA), DoD.
ACTION: 30-Day information collection
notice.
AGENCY:
The Department of Defense
has submitted to OMB for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by August 13, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to 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.
FOR FURTHER INFORMATION CONTACT:
Angela James, 571–372–7574, or
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Freedom of Information/
Privacy Act Records Request for
Background Investigations; INV Form
100; OMB Control Number 0705–0001.
Type of Request: Extension.
Number of Respondents: 10,097.
Responses per Respondent: 1.
Annual Responses: 10,097.
Average Burden per Response: 5
minutes.
SUMMARY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Annual Burden Hours: 841.
Needs and Uses: The purpose of the
collection is to enable the Defense
Counterintelligence and Security
Agency, Freedom of Information and
Privacy (FOI/P) Office for Investigations,
to locate applicable records and provide
the requester responsive records
pursuant to the Freedom of Information
Act (5 U.S.C. 552), and/or the Privacy
Act of 1974 (5 U.S.C. 552a).
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Ms. Jasmeet
Seehra.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Ms. Angela
James.
Requests for copies of the information
collection proposal should be sent to
Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: July 9, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2020–15183 Filed 7–13–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD–2020–OS–0044]
Submission for OMB Review;
Comment Request
Office of the Under Secretary of
Defense for Personnel & Readiness, DoD.
ACTION: 30-Day information collection
notice.
AGENCY:
The Department of Defense
has submitted to OMB for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
SUMMARY:
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42363-42364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15035]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA269]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine Structure Maintenance and Pile
Replacement in Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that two Letters of Authorization (LOA) have been issued to the U.S.
Navy (Navy) for the take of marine mammals incidental to maintenance
construction activities at facilities in Washington.
DATES: The Letters of Authorization are effective from July 16, 2020,
through January 15, 2021, and from July 16, 2020, through February 15,
2021.
ADDRESSES: The LOAs and supporting documentation are available online
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa. 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.
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)
[[Page 42364]]
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 April 17, 2019, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to maintenance
construction activities at six facilities in Washington (84 FR 15963).
The Navy plans to conduct construction necessary for maintenance of
existing in-water structures at the following facilities: Naval Base
Kitsap (NBK) Bangor, NBK Bremerton, NBK Keyport, NBK Manchester,
Zelatched Point, and Naval Station Everett (NS Everett). These repairs
include use of impact and vibratory pile driving, including
installation and removal of steel, concrete, plastic, 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
harassment of marine mammals.
For the 2020-21 in-water work season, the Navy requested issuance
of LOAs for work planned at NBK Manchester and Zelatched Point. The
Navy submitted site-specific monitoring plans. Following NMFS review
and approval of the required plans, we have issued the requested LOAs.
The approved plans are available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.
Authorization
We have issued two LOAs to the Navy authorizing the take of marine
mammals incidental to maintenance 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 areas 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 these LOAs
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: July 7, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-15035 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-22-P
