Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Hampton Roads Bridge Tunnel Expansion Project in Norfolk, Virginia, 63256-63257 [2020-22173]
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63256
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
auxiliary aids should be directed to Mr.
Kris Kleinschmidt, (503) 820–2412, at
least 10 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2020.
Diane M. DeJames-Daly,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–22164 Filed 10–6–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA521]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Hampton Roads
Bridge Tunnel Expansion Project in
Norfolk, Virginia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application;
request for comments.
AGENCY:
NMFS has received a request
from the Hampton Roads Connector
Partners (HRCP) for authorization to
take small numbers of marine mammals
incidental to pile driving and removal
activities at the Hampton Roads Bridge
Tunnel Expansion Project (HRBT) in
Norfolk, Virginia 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 HRCP’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 HRCP’s application and request.
DATES: Comments and information must
be received no later than November 6,
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.Pauline@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
SUMMARY:
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
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/node/
23111 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:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of HRCP’s application
may be obtained online at https://
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:
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
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Frm 00012
Fmt 4703
Sfmt 4703
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 November 19, 2019, NMFS
received application from HRCP
requesting authorization for take of
marine mammals incidental to
construction activities related to a major
road transport infrastructure project
along the existing I–64 highway in
Virginia, consisting of roadway
improvements, trestle bridges, and
bored tunnels crossing Hampton Roads
between Norfolk and Hampton,
Virginia. After the HRCP responded to
our questions, we determined the
application was adequate and complete
on September 29, 2020. The requested
regulations would be valid for 5 years,
from February 2021 through January
2026. HRCP plans to conduct necessary
work, including pile installation and
removal. Pile installation methods will
include impact and vibratory driving,
jetting, and drilling with a down-thehole hammer. Pile removal techniques
for temporary piles will include
vibratory pile removal or cutting three
feet below the mudline. The proposed
action may incidentally expose marine
mammals occurring in the vicinity to
example elevated levels of underwater
sound, thereby resulting in incidental
take, by Level A and Level B
harassment,. Therefore, the HRCP
requests authorization to incidentally
take marine mammals.
Specified Activities
The Hampton Roads Bridge Tunnel
project is a major road transport
infrastructure project along the existing
I–64 highway in Virginia, consisting of
roadway improvements, trestle bridges,
and bored tunnels crossing Hampton
Roads between Norfolk and Hampton.
The proposed project will address
severe traffic congestion at the existing
HRBT crossing by increasing capacity
The proposed project will include
widening I–64 to create an eight-lane
facility with a consistent six-lanes
between the I–64/I–664 and I–64/I–564
Interchange, which could expand to
eight-lanes during peak travel periods
with the use of drivable shoulder lanes
within the project limits. The proposed
project will include the construction of
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
two new two-lane tunnels, expansion of
the existing portal islands, and full
replacement of the existing North and
South bridge-trestles. An estimated
6,746 piles would be installed and 3,856
piles would be removed over 5 years.
Pile installation and removal activities
would take place for approximately 312
days per year based on a 6-day work
week. Bottlenose dolphins (Tursiops
spp.), humpback whales (Megaptera
novaeangliae), harbor porpoises
(Phocoena phocoena), harbor seals
(Phoca vitulina), and gray seals
(Halichoerus grypus) have been
observed in the area.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the HRCP’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 HRCP, if
appropriate.
Dated: October 2, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–22173 Filed 10–6–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 06489–XA531]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a 4-day webinar meeting to
consider actions affecting the Gulf of
Mexico fisheries in the exclusive
economic zone (EEZ).
DATES: The webinar will convene
Monday, October 26 through Thursday,
October 29, 2020, from 9 a.m. until 4
p.m. EDT.
ADDRESSES: The meeting will take place
via webinar; you may register for the
meeting at www.gulfcouncil.org.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W.
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
SUMMARY:
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Agenda
Monday, October 26, 2020; 9 a.m.–4
p.m.
The meeting will begin in FULL
COUNCIL open to the public to review
and adopt the October 2020–August
2021 Council Committee Roster.
At approximately 9:15 a.m. the Data
Collection Committee will review
potential regulatory changes from
Commercial Electronic Logbook
Program Implementation; and, receive
an update on Southeast For-hire
Electronic Reporting (SEFHIER)
Program. The Gulf SEDAR Committee
will receive an update on Operational
Assessment Process and Scientific and
Statistical Committee (SSC)
Recommendations; review Interim
Analyses—Discussion on Timing and
Use for Management; and, receive the
Steering Committee report from the
October 16, 2020 meeting. The Law
Enforcement Committee will receive a
meeting summary from the Law
Enforcement Technical Committee
meeting in March 2020.
The Sustainable Fisheries Committee
will finalize recommendations on
Executive Order 13921 from Public
Comments and from the Council,
receive a summary report from the Joint
Section 102 Workgroup, and discuss
Allocation Review Procedures. The
Administrative/Budget Committee will
review expenditures for No-Cost
Extension Request (FY2014–2019) and
2020 Expenditures. The Committee will
also review and discuss Scopes of Work
(FY 2014–2019) Activities.
Tuesday, October 27, 2020; 9 a.m.–4
p.m.
The Reef Fish Committee will begin
with reviewing Reef Fish Landings,
Final Action: Framework Action to
Adjust State Recreation Red Snapper
Catch Limits, Public Hearing Draft
Amendment 53: Red Grouper Catch
Limits and Sector Allocations and Draft
Framework Action: Modification of the
Gulf of Mexico Lane Snapper Annual
Catch Limit.
The Committee will also review Gray
Triggerfish Interim Analysis, Public
Hearing Draft Amendment 36B:
Modifications to Commercial Individual
Fishing Quota (IFQ) Programs, and any
remaining Reef Fish Advisory Panel
recommendations.
The Gulf of Mexico Fishery
Management Council and National
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Frm 00013
Fmt 4703
Sfmt 4703
63257
Marine Fisheries Service (NMFS) will
hold an informal Question and Answer
session immediately following the Reef
Fish Committee.
Wednesday, October 28, 2020; 9 a.m.–
4:15 p.m.
The Mackerel Committee will receive
an update on Coastal Migratory Pelagics
Landings, review SEDAR 38 Update:
Gulf of Mexico King Mackerel Stock
Assessment and receive a presentation
on the Gulf of Mexico Migratory Group
Cobia Draft Options.
Full Council will reconvene midmorning (10:45 a.m.) with a Call to
Order, Announcements, and
Introductions; Adoption of Agenda and
Approval of Minutes. The Council will
receive presentations on 2019 Report to
Congress on Illegal, Unreported, and
Unregulated (IUU) Fishing and a
presentation on Deepwater Horizon
Open Ocean Fish Restoration. Following
lunch, the Council will hold public
comment testimony beginning at
approximately 1 p.m. until 3:30 p.m. for
Comments on Executive Order 13921,
Final Action: Framework Action to
Adjust State Recreational Red Snapper
Catch Limits, and open testimony on
other fishery issues or concerns. Public
comment may begin earlier than 1 p.m.
EDT but will not conclude before that
time. Persons wishing to give public
testimony must follow the instructions
on the Council website before the start
of the public comment period at 1 p.m.
EDT.
Following public comment, the
Council will receive the Data Collection
committee report.
Thursday, October 29, 2020; 9 a.m.–4
p.m.
The Council will continue to receive
committee reports from Administrative/
Budget, Gulf SEDAR, Sustainable
Fisheries, Mackerel, Shrimp, and Reef
Fish Committees. The Council will
receive updates from the following
supporting agencies: Mississippi Law
Enforcement Efforts; South Atlantic
Fishery Management Council; NOAA
Office of Law Enforcement (OLE); Gulf
States Marine Fisheries Commission;
U.S. Coast Guard; U.S. Fish and Wildlife
Service; and Department of State.
The Council will discuss any Other
Business items.
—Meeting Adjourns
The meeting will be broadcast via
webinar. You may register for the
webinar by visiting www.gulfcouncil.org
and clicking on the Council meeting on
the calendar.
The timing and order in which agenda
items are addressed may change as
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63256-63257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22173]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA521]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Hampton Roads Bridge Tunnel Expansion Project in
Norfolk, Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Hampton Roads Connector
Partners (HRCP) for authorization to take small numbers of marine
mammals incidental to pile driving and removal activities at the
Hampton Roads Bridge Tunnel Expansion Project (HRBT) in Norfolk,
Virginia 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 HRCP'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 HRCP's application and
request.
DATES: Comments and information must be received no later than November
6, 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 [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 online at https://www.fisheries.noaa.gov/node/23111 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: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of HRCP'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
On November 19, 2019, NMFS received application from HRCP
requesting authorization for take of marine mammals incidental to
construction activities related to a major road transport
infrastructure project along the existing I-64 highway in Virginia,
consisting of roadway improvements, trestle bridges, and bored tunnels
crossing Hampton Roads between Norfolk and Hampton, Virginia. After the
HRCP responded to our questions, we determined the application was
adequate and complete on September 29, 2020. The requested regulations
would be valid for 5 years, from February 2021 through January 2026.
HRCP plans to conduct necessary work, including pile installation and
removal. Pile installation methods will include impact and vibratory
driving, jetting, and drilling with a down-the-hole hammer. Pile
removal techniques for temporary piles will include vibratory pile
removal or cutting three feet below the mudline. The proposed action
may incidentally expose marine mammals occurring in the vicinity to
example elevated levels of underwater sound, thereby resulting in
incidental take, by Level A and Level B harassment,. Therefore, the
HRCP requests authorization to incidentally take marine mammals.
Specified Activities
The Hampton Roads Bridge Tunnel project is a major road transport
infrastructure project along the existing I-64 highway in Virginia,
consisting of roadway improvements, trestle bridges, and bored tunnels
crossing Hampton Roads between Norfolk and Hampton. The proposed
project will address severe traffic congestion at the existing HRBT
crossing by increasing capacity The proposed project will include
widening I-64 to create an eight-lane facility with a consistent six-
lanes between the I-64/I-664 and I-64/I-564 Interchange, which could
expand to eight-lanes during peak travel periods with the use of
drivable shoulder lanes within the project limits. The proposed project
will include the construction of
[[Page 63257]]
two new two-lane tunnels, expansion of the existing portal islands, and
full replacement of the existing North and South bridge-trestles. An
estimated 6,746 piles would be installed and 3,856 piles would be
removed over 5 years. Pile installation and removal activities would
take place for approximately 312 days per year based on a 6-day work
week. Bottlenose dolphins (Tursiops spp.), humpback whales (Megaptera
novaeangliae), harbor porpoises (Phocoena phocoena), harbor seals
(Phoca vitulina), and gray seals (Halichoerus grypus) have been
observed in the area.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the HRCP'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 HRCP, if appropriate.
Dated: October 2, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-22173 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-22-P
