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 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: http:// 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 http:// 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

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[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]


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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.

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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