Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Naval Magazine Indian Island Ammunition Wharf Maintenance and Pile Replacement Project, 47722-47723 [2022-16745]
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC198]
Marine Mammals; File No. 26614
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Craig Matkin, Director, North Gulf
Oceanic Society, 3430 Main St. Suite
B1, Homer, Alaska 99603, has applied
in due form for a permit to conduct
research on marine mammals.
DATES: Written, telefaxed, or email
comments must be received on or before
September 6, 2022.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 26614 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 26614 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Courtney Smith, Ph.D., or Shasta
McClenahan, Ph.D., (301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
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 continue a
long-term research study of killer
whales (Orcinus orca) in Alaskan
waters, focusing on their population
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SUMMARY:
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17:25 Aug 03, 2022
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status, health, and ecosystem
interactions. Research methods include
vessel and aerial (small unmanned
aircraft system) surveys to conduct
photo-identification, photogrammetry,
diet sampling (prey remain and fecal
sample collection), passive acoustic
recording, and breath and biopsy
sampling. Up to 3,000 killer whales may
be photographed annually, with up to
35 whales biopsy sampled. Prey remains
may be collected from endangered
salmonid species (Oncorhynchus spp.)
and up to 25 each of the following
species minke whales (Balaenoptera
acutorostrata), harbor porpoise
(Phocoena phocoena), Dall’s porpoise
(Phocoenoides dalli), harbor seals
(Phoca vitulina), Pacific white-sided
dolphins (Lagenorhynchus obliquidens),
northern fur seals (Callorhinus ursinus),
and other unidentified cetaceans or
pinnipeds. Prey remains and other
samples may be imported and/or
exported. The permit would be valid for
5 years from the date of issuance.
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.
Dated: August 1, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2022–16735 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB497]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Naval Magazine Indian
Island Ammunition Wharf Maintenance
and Pile Replacement Project
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:
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
NMFS has received a request
from the United States Department of
the Navy (Navy) for authorization to
take marine mammals incidental to
replacement and maintenance of the
Ammunition Wharf marine structure at
Naval Magazine (NAVMAG) Indian
Island in Puget Sound, Washington,
over the course of five years. 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 September 6,
2022.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and 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
electronically, including all
attachments, must not exceed a 25megabyte file size. All comments
received are a part of the public record
and will generally be posted online at
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:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Availability
Electronic copies of the Navy’s
application and separate monitoring
plan may be obtained online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
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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 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.
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 May 14, 2021, NMFS received an
application from the Navy requesting
authorization for take of marine
mammals incidental to construction
related to replacement and maintenance
activities at the Ammunition Wharf
marine structure at NAVMAG Indian
Island. NMFS sent initial questions
regarding the application to the Navy on
October 5, 2021. The Navy addressed
the questions and submitted a revised
Letter of Authorization (LOA)
application on March 24, 2022. After
additional questions were sent by NMFS
the Navy submitted another revised
application on June 12, 2022. The
requested regulations would be valid for
5 years, from October 1, 2023 through
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17:25 Aug 03, 2022
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47723
September 30, 2028. The Navy plans to
conduct necessary work, including
impact and vibratory pile driving, to
replace and maintain the wharf
structure. The proposed action may
incidentally expose marine mammals
occurring in the vicinity of in-water
construction activities to elevated levels
of underwater sound, thereby resulting
in incidental take, by Level A and Level
B harassment. Therefore, the Navy
requests authorization to incidentally
take marine mammals.
governing the incidental taking of
marine mammals by the Navy, if
appropriate.
Specified Activities
Maintaining the structural integrity of
the Ammunition Wharf is vital to
sustaining the Navy’s mission and
ensuring military readiness. The Navy
proposes to replace up to 118 structural
concrete piles or fender piles, conduct
maintenance, and repair activities over
a 7-year period on the Ammunition
Wharf at NAVMAG Indian Island.
Under the 5-year LOA, up to 110
structurally unsound structural piles or
fender piles would be replaced.
Structural concrete piles would be
replaced with 24-in concrete piles or old
fender piles would be replaced with 14in steel H piles or 18.75-in composite
piles. Up to eight steel piles may also be
installed in addition to the structural
concrete piles if necessary. To minimize
underwater noise impacts on marine
species, water jetting would be primary
method to install concrete piles and
vibratory pile driving would be the
primary method to install steel piles. An
impact hammer may be used if substrate
conditions prevent the advancement of
piles to the required depth or to verify
the load-bearing capacity for both
concrete and steel piles. An air bubble
curtain or other noise attenuating device
would be used to reduce noise levels
during impact driving of 36-in steel
piles but would not be used for concrete
piles. All pile driving will be conducted
during the prescribed in-water work
window for the NAVMAG Indian Island
facility (October 1 to January 15).
Activity occurring during the 2 years
following the 5 year LOA would consist
only of removal and installation of
concrete piles, and maintenance and
repair work, with no steel pile
installation. Additional incidental take
authorizations will be requested as
needed for these activities.
National Oceanic and Atmospheric
Administration
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
PO 00000
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Fmt 4703
Sfmt 4703
Dated: August 1, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–16745 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
[RTID 0648–XC216]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
will convene two half-day webinar
meetings of its Groundfish Management
Team (GMT) to initiate discussions and
analyses on groundfish items on the
Pacific Council’s September 2022
meeting agenda. These meetings are
open to the public.
DATES: The online meetings will be held
on Thursday, August 25 and Tuesday,
August 30, 2022, starting each day at
8:30 a.m. Pacific Time and ending at 12
p.m. Pacific Time, or when business has
been completed for each day.
ADDRESSES: This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Todd Phillips, Staff Officer, Pacific
Council; telephone: (503) 820–2426.
SUPPLEMENTARY INFORMATION: The
primary purpose of the GMT webinar is
to prepare for the Pacific Council’s
September 2022 agenda items. The GMT
will discuss items related to groundfish
management, ecosystem management,
and administrative matters on the
Pacific Council’s September agenda.
The GMT may also address other
SUMMARY:
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47722-47723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16745]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB497]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Naval Magazine Indian Island Ammunition Wharf
Maintenance and Pile Replacement Project
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 United States Department
of the Navy (Navy) for authorization to take marine mammals incidental
to replacement and maintenance of the Ammunition Wharf marine structure
at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington,
over the course of five years. 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
September 6, 2022.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and 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. All comments
received are a part of the public record and will generally be posted
online at 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: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
Electronic copies of the Navy's application and separate monitoring
plan may be obtained online at: 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.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct
[[Page 47723]]
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 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.
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 May 14, 2021, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction related to replacement and maintenance activities at the
Ammunition Wharf marine structure at NAVMAG Indian Island. NMFS sent
initial questions regarding the application to the Navy on October 5,
2021. The Navy addressed the questions and submitted a revised Letter
of Authorization (LOA) application on March 24, 2022. After additional
questions were sent by NMFS the Navy submitted another revised
application on June 12, 2022. The requested regulations would be valid
for 5 years, from October 1, 2023 through September 30, 2028. The Navy
plans to conduct necessary work, including impact and vibratory pile
driving, to replace and maintain the wharf structure. The proposed
action may incidentally expose marine mammals occurring in the vicinity
of in-water construction activities to elevated levels of underwater
sound, thereby resulting in incidental take, by Level A and Level B
harassment. Therefore, the Navy requests authorization to incidentally
take marine mammals.
Specified Activities
Maintaining the structural integrity of the Ammunition Wharf is
vital to sustaining the Navy's mission and ensuring military readiness.
The Navy proposes to replace up to 118 structural concrete piles or
fender piles, conduct maintenance, and repair activities over a 7-year
period on the Ammunition Wharf at NAVMAG Indian Island. Under the 5-
year LOA, up to 110 structurally unsound structural piles or fender
piles would be replaced. Structural concrete piles would be replaced
with 24-in concrete piles or old fender piles would be replaced with
14-in steel H piles or 18.75-in composite piles. Up to eight steel
piles may also be installed in addition to the structural concrete
piles if necessary. To minimize underwater noise impacts on marine
species, water jetting would be primary method to install concrete
piles and vibratory pile driving would be the primary method to install
steel piles. An impact hammer may be used if substrate conditions
prevent the advancement of piles to the required depth or to verify the
load-bearing capacity for both concrete and steel piles. An air bubble
curtain or other noise attenuating device would be used to reduce noise
levels during impact driving of 36-in steel piles but would not be used
for concrete piles. All pile driving will be conducted during the
prescribed in-water work window for the NAVMAG Indian Island facility
(October 1 to January 15). Activity occurring during the 2 years
following the 5 year LOA would consist only of removal and installation
of concrete piles, and maintenance and repair work, with no steel pile
installation. Additional incidental take authorizations will be
requested as needed for these 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: August 1, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-16745 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-22-P
