Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon, 52371-52376 [2022-18355]
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formatting, and clarity, and ensure
consistency with ongoing efforts to
revise NMFS Serious Injury Procedural
Directive (NMFS PD 02–038–01). The
full draft revised Procedural Directive is
available at: https://
www.regulations.gov/docket/NOAANMFS-2022-0081. NMFS solicits public
comments on the draft revisions.
Dated: August 18, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
References
National Oceanic and Atmospheric
Administration
Barlow, J., Swartz, S.L., Eagle, T.C., Wade,
P.R.. 1995. U.S. Marine Mammal Stock
Assessments: Guidelines for Preparation,
Background, and a Summary of the 1995
Assessments. NOAA Technical
Memorandum NMFS–OPR–6, 73 p.
Available at: https://repository.library.
noaa.gov/view/noaa/6219.
Lettrich, M.D., Asaro, M.J., Borggaard, D.L.,
Dick, D.M., Griffis, R.B., Litz, J.A.,
Orphanides, C.D., Palka, D.L., Pendleton,
D.E., Soldevilla, M.S.. 2019. A Method
for Assessing the Vulnerability of Marine
Mammals to a Changing Climate. NOAA
Technical Memorandum NMFSF–SPO–
196, 73 p. Available at: https://
spo.nmfs.noaa.gov/sites/default/files/
TMSPO196_508.pdf.
Martien, K.K., Lang, A.R., Taylor, B.L., Rosel,
P.E., Simmons, SE, Oleson, E.M.,
Boveng, P.L., M.B. Hanson. 2019. The
DIP Delineation Handbook: A Guide to
Using Multiple Lines of Evidence to
Delineate Demographically Independent
Populations of Marine Mammals. NOAA
Technical Memorandum NMFS–
SWFSC–622, 135 p. Available at: https://
repository.library.noaa.gov/view/noaa/
22660.
Moore, J.E., Merrick, R. (editors) 2011.
Guidelines for Assessing Marine
Mammal Stocks: Report of the GAMMS
III Workshop, February 15–18, 2011, La
Jolla, California. NOAA Technical
Memorandum NMFS–OPR–47, 107 p.
Available at: https://repository.library.
noaa.gov/view/noaa/4022.
NMFS (National Marine Fisheries Service).
2019. Reviewing and Designating Stocks
and Issuing Stock Assessment Reports
under the Marine Mammal Protection
Act. NMFS Procedure 02–203–04.
Available at: https://
www.fisheries.noaa.gov/national/lawsand-policies/policy-directive-system.
NMFS (National Marine Fisheries Service).
2012b. Renewed 2014. Procedural
Directive: Process for Distinguishing
Serious from Non-Serious Injury of
Marine Mammals. NMFS Procedure 02–
238–01. Available at: https://
media.fisheries.noaa.gov/dammigration/02-238-01.pdf.
Wade, P.R. 1998. Calculating limits to the
allowable human-caused mortality of
cetaceans and pinnipeds. Marine
Mammal Science 14:1–37.
Wade, P.R., Angliss, R.P. 1997. Guidelines for
Assessing Marine Mammal Stocks:
Report of the GAMMS Workshop, April
3–5, 1996, Seattle, WA. NOAA Technical
Memorandum NMFS–OPS–12, 93 p.
Available at: https://repository.library.
noaa.gov/view/noaa/15963.
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[FR Doc. 2022–18349 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
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[RTID 0648–XC284]
Mid-Atlantic Fishery Management
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National Marine Fisheries
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ACTION: Notice; public meeting.
AGENCY:
The Scientific and Statistical
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will hold a meeting.
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for agenda details.
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Meeting address: The meeting will be
held at the Hyatt Place Baltimore Inner
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Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
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Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
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this meeting, the SSC will make
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overview of the work products and
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of the Northeast Regional Marine Fish
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The SSC will receive an update from a
number of SSC working groups,
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52371
including: the Ecosystem work group,
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summer flounder fishery. The SSC may
take up any other business as necessary.
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documents will be made available on
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prior to the meeting.
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Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18351 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC260]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of two
incidental harassment authorizations
(IHAs).
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued two IHAs to the
U.S. Army Corps of Engineers (Corps) to
incidentally harass marine mammals
during in-water construction activities
associated with the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon. There are no changes
from the proposed authorizations in
these final authorizations.
DATES: These authorizations are
effective from September 1, 2022
through August 31, 2023 and March 1,
2024 through February 28, 2025.
SUMMARY:
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Notices
FOR FURTHER INFORMATION CONTACT:
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Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS Federal Register
notices of the original proposed and
final authorizations, and the previous
IHA), as well as a list of the references
cited in this document, 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
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
proposed or, if the taking is limited to
harassment, a notice of a proposed
incidental harassment authorization is
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
History of Request
On March 18, 2019, NMFS received a
request from USACE for two IHAs to
take 7 species of marine mammals, by
Level B harassment only, incidental to
vibratory pile driving and removal
associated with the North Jetty
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Maintenance and Repairs Project in
Coos Bay, Oregon over the course of two
years with pile installation occurring
during Year 1 and pile removal
occurring during Year 2. The
application was deemed adequate and
complete on September 10, 2019.
Neither USACE nor NMFS expects
injury, serious injury or mortality to
result from this activity and, therefore,
IHAs are appropriate. On January 3,
2020, NMFS issued the two IHAs to the
USACE (85 FR 1140; January 9, 2020).
The Year 1 IHA was effective from
September 1, 2020 through August 31,
2021 and the Year 2 IHA was effective
July 1, 2022 through June 30, 2023.
On February 20, 2021, the USACE
notified NMFS that the project had been
delayed and none of the work identified
in the year 1 IHA (e.g., pile installation)
had occurred. On May 4, 2021, NMFS
reissued the Year 1 IHA, effective
September 1, 2021 through August 31,
2022 (86 FR 24850; May 10, 2021).
On February 23, 2022, the USACE
notified NMFS that the project had been
further delayed and work had still not
commenced. The USACE submitted an
application for both IHAs to be reissued,
with the Year 1 IHA effective from
September 1, 2022 through August 31,
2023 and the Year 2 IHA effective from
March 1, 2024 through February 28,
2025. NMFS has determined that the
USACE’s planned activities (including
mitigation, monitoring, and reporting),
estimated incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized in the initial IHAs.
There are no changes from the proposed
IHAs to the final IHAs.
Comments and Responses
Since the initial IHAs were issued
several years ago, NMFS published a
notice of proposed IHAs in the Federal
Register on July 13, 2022 (87 FR 41665)
requesting public input on the request
for authorization described therein, our
analyses, the proposed reissued
authorizations, and any other aspect of
the notice of proposed IHAs, and
requested that interested persons submit
relevant information, suggestions, and
comments. This proposed notice was
available for a 30-day public comment
period. No public comments were
received on the proposed notice.
Description of the Planned Activity and
Anticipated Impacts
The reissued IHAs include the same
in-water construction activities (i.e.,
vibratory pile installation and removal)
in the same locations that were
described in the initial IHAs. The
mitigation, monitoring, and reporting
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measures remain the same as prescribed
in the initial IHAs. NMFS refers the
reader to the documents related to the
initial IHAs issued on January 3, 2020
(available at https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-armycorps-engineers-north-jettymaintenance-and-repairs) for more
detailed descriptions of the project
activities. Other relevant documents
include the Federal Register notice of
proposed IHAs and request for
comments (84 FR 56781; October 23,
2019), notice of issued IHAs (85 FR
1140; January 9, 2020), and notice of
reissued Year 1 IHA (86 FR 24850; May
10, 2021).
Detailed Description of the Action
A detailed description of the USACE’s
planned construction activities is found
in these previous documents. The
location, time of year, and nature of the
activities, including the types of piles
and methods of installation and
removal, are identical to those described
in the previous documents.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities is found in
these previous documents, which
remains applicable to these reissued
IHAs as well. In addition, NMFS has
review the draft 2021 Stock Assessment
Reports (SARs; Carretta et al., 2021;
Muto et al., 2021), information on
relevant Unusual Mortality Events, and
recent scientific literature, and
determined that no new information
affects our original analysis of impacts
under the initial IHAs. The estimated
abundances of the California Breeding
stock of northern elephant seals
(Mirounga angustirostris), the Northern
California/Southern Oregon stock of
harbor porpoises (Phocoena phocoena),
the West Coast Transient stock of killer
whales (Orcinus orca), and the Eastern
U.S. stock of Steller sea lions
(Eumetopias jubatus) in the 2021 draft
SARs have all increased from the
numbers presented in the Federal
Register notices for the initial IHAs (84
FR 56781, October 23, 2019; 85 FR 1140,
January 9, 2020).
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activities on marine
mammals and their habitat is found in
the documents supporting the initial
IHAs, which remains applicable to the
reissuance of the IHAs. There is no new
information on potential effects.
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Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activities are found in the
notice of issuance of the initial IHAs (85
issued IHAs. Regarding authorized take,
the stocks taken, types of take, and
methods of taking remain unchanged
from the previously issued IHAs, as do
the number of takes, which are
indicated below.
FR 1140; January 9, 2020). The methods
of estimating take for the reissued IHAs
are identical to those used in the initial
IHAs. The source levels, days of
operation, and marine mammal density
remain unchanged from the previously
TABLE 1—AUTHORIZED TAKE BY LEVEL B HARASSMENT AND AS A PERCENTAGE OF STOCK ABUNDANCE IN EACH YEAR
Marine mammal
Level B
harassment
AZ sheets
(or H-piles)
Level B
harassment
30-inch piles
Level B
harassment
AZ sheets
(or H-piles)
Level B
harassment
30-inch piles
Total authorized
take by
level B harassment
(percent of stock)
Total authorized
take by
level B harassment
(percent of stock)
YR–1
installation
YR–1
installation
YR–2
removal
YR–2
removal
YR–1 installation
YR–2 removal
Harbor seal (Phoca vitulina) ............................
Northern Elephant seal (Mirounga
angustirostris).
Steller sea lion (Eumetopias jubatus) ..............
California sea lion (Zalophus californianus) .....
Gray whale (Eschrichtius robustus) .................
1,169
7
1,169
7
1,169
7
1,169
7
2,238 (9.45 percent) ..
14 (<0.01 percent) .....
2,238 (9.45 percent).
14 (<0.01 percent).
14
21
1
14
21
1
14
21
1
14
21
1
28 (0.06 percent) .......
42 (0.02 percent) .......
2 (<0.01 percent) .......
28 (0.06 percent).
42 (0.02 percent).
2 (<0.01 percent).
2 (0.57 percent) .........
2 (0.57 percent).
4 (0.02 percent) .........
4 (0.02 percent).
Killer whale (Orcinus orca) ...............................
2
Harbor porpoise (Phocoena phocoena) ...........
2
2
2
2
Description of Mitigation, Monitoring
and Reporting Measures
The required mitigation, monitoring,
and reporting measures described here
are identical to those included in the
Federal Register notice announcing the
issuance of the initial IHAs (85 FR 1140;
January 9, 2020) and the discussion of
the least practicable adverse impact
included in that document remains
accurate. Unless otherwise stated, the
following measures are included in both
IHAs:
visibility of the shutdown zone, pile
installation must be delayed.
Timing Restrictions
All work must be conducted during
daylight hours. If poor environmental
conditions restrict visibility full
For all pile driving/removal activities,
the USACE must establish shutdown
zones for a marine mammal species that
is greater than its corresponding Level A
Shutdown Zone for In-Water Heavy
Machinery Work
For in-water heavy machinery work
other than pile driving, if a marine
mammal comes within 10 meters (m) of
such operations, operations must cease
and vessels must reduce speed to the
minimum level required to maintain
steerage and safe working conditions.
Shutdown Zones
2
harassment zone. To be conservative,
the USACE must implement one
cetacean shutdown zone (55 m) and one
pinniped shutdown zone (25 m) during
any pile driving/removal activity (i.e.,
during sheet piles, H-piles, and 30-in
steel pile installation and removal)
(Table 2) which exceeds the maximum
calculated PTS isopleths as described in
Table 7 of the Federal Register notice
announcing the issuance of the initial
IHAs (85 FR 1140; January 9, 2020). The
purpose of a shutdown zone is generally
to define an area within which
shutdown of the activity would occur
upon sighting of a marine mammal (or
in anticipation of an animal entering the
defined area).
TABLE 2—PILE DRIVING SHUTDOWN ZONES DURING PROJECT ACTIVITIES
Shutdown zones (radial distance in m, area in square kilometers (km2*))
Lowfrequency
cetaceans
Activity
Midfrequency
cetaceans
Highfrequency
cetaceans
Phocid
Otariid
In-Water Construction Activities
Heavy machinery work (other than pile driving) ..................
10 (0.00015)
10 (0.00015)
10 (0.00015)
10 (0.00015)
10 (0.00015)
55 (0.00475)
55 (0.00475)
55 (0.00475)
25 (0.00098)
25 (0.00098)
25 (0.00098)
25 (0.00098)
25 (0.00098)
25 (0.00098)
Vibratory Pile Driving/Removal
12-in H pile steel installation/removal ..................................
24-in sheet pile installation/removal ....................................
30-in pile installation/removal ..............................................
55 (0.00475)
55 (0.00475)
55 (0.00475)
55 (0.00475)
55 (0.00475)
55 (0.00475)
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* Note: km2 were divided by two to account for land.
Non-Authorized Take Prohibited
If a species enters or approaches the
Level B harassment zone and that
species is either not authorized for take
or its authorized takes are met, pile
driving and removal activities must shut
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down immediately using delay and
shutdown procedures. Activities must
not resume until the animal has been
confirmed to have left the area or an
observation time period of 15 minutes
has elapsed for pinnipeds and small
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cetaceans and 30 minutes for large
whales.
Pre-Activity Monitoring
Prior to the start of daily in-water
construction activity, or whenever a
break in pile driving of 30 min or longer
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occurs, protected species observers
(PSOs) must observe the shutdown and
monitoring zones for a period of 30
minutes. The shutdown zone is cleared
when a marine mammal has not been
observed within the zone for that 30minute period. If a marine mammal is
observed within the shutdown zone,
pile driving activities must not begin
until the animal has left the shutdown
zone or has not been observed for 15
min. If the Level B Harassment
Monitoring Zone has been observed for
30 min and no marine mammals (for
which take has not been authorized) are
present within the zone, work will
continue even if visibility becomes
impaired within the Monitoring Zone. If
a marine mammal for which take has
been permitted is present in the
Monitoring zone, piling activities will
begin and Level B harassment take will
be recorded.
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Monitoring Zones
The USACE must establish and
observe monitoring zones for Level B
harassment. The monitoring zones for
this project are areas where received
sound pressure levels (SPLs) are equal
to or exceed 120 decibels root-meansquare (dB rms) (for vibratory pile
driving/removal). For vibratory
installation and removal of 12-inch H
piles, the Level B harassment zone and
monitoring zone is 1,000 m. For
vibratory installation and removal of 24inch steel sheet piles, the Level B
harassment zone and monitoring zone is
4,642 m. For vibratory installation and
removal of 30-inch steel pipe piles, the
Level B harassment zone and
monitoring zone is 8,577 m. These
zones provide utility for monitoring
conducted for mitigation purposes (i.e.,
shutdown zone monitoring) by
establishing monitoring protocols for
areas adjacent to the shutdown zones.
Monitoring of the Level B harassment
zones enables observers to be aware of
and communicate the presence of
marine mammals in the project area,
and thus prepare for potential
shutdowns of activity. The USACE must
also gather information to help better
understand the impacts of their planned
activities on species and their
behavioral responses.
Visual Monitoring
Monitoring must be conducted 30
minutes before, during, and 30 minutes
after all pile driving/removal activities.
In addition, PSOs must record all
incidents of marine mammal
occurrence, regardless of distance from
activity, and shall document any
behavioral reactions in concert with
distance from piles being driven/
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removed. Pile driving/removal activities
include the time to install, remove a
single pile or series of piles, as long as
the time elapsed between uses of the
pile driving equipment is no more than
thirty minutes.
Monitoring must be conducted by
PSOs from on land and boat. The
number of PSOs will vary from one to
three, depending on the type of pile
driving, method of pile driving and size
of pile, all of which determines the size
of the harassment zones. Monitoring
locations must be selected to provide an
unobstructed view of all water within
the shutdown zone and as much of the
Level B harassment zone as possible for
pile driving activities. During vibratory
driving or removal of sheet or H-piles,
two PSOs must be present. One PSO
must be located on the shoreline
adjacent to the Material Off-loading
Facility (MOF) site or on the barge used
for driving piles. The other PSO must be
boat-based and detect animals in the
water, along with monitoring the three
haulout sites in the Level B harassment
zone (i.e., Pigeon Point, Clam Island/
North Spit, and South Slough). During
vibratory driving and removal of 30inch steel pipe piles, three PSOs must
be present. As indicated above, one PSO
must be on the shoreline or barge
adjacent to the MOF site. A second PSO
must be stationed near the South Slough
haul out site, and the third PSO must be
boat-based and make observations while
actively monitoring at and between the
two remaining haulout sites (i.e., Pigeon
Point and Clam Island).
In addition, PSOs must work in shifts
lasting no longer than 4 hours with at
least a 1-hour break between shifts, and
must not perform duties as a PSO for
more than 12 hours in a 24-hour period
(to reduce PSO fatigue).
Monitoring of pile driving must be
conducted by qualified, NMFSapproved PSOs, who must have no
other assigned tasks during monitoring
periods. The USACE must adhere to the
following conditions when selecting
PSOs:
D Independent PSOs must be used
(i.e., not construction personnel);
D At least one PSO must have prior
experience working as a marine
mammal observer during construction
activities;
D Other PSOs may substitute
education (degree in biological science
or related field) or training for
experience;
D Where a team of three or more PSOs
are required, a lead observer or
monitoring coordinator must be
designated. The lead observer must have
prior experience working as a marine
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mammal observer during construction;
and
D The USACE must submit PSO CVs
for approval by NMFS for all observers
prior to monitoring.
The USACE must ensure that the
PSOs have the following additional
qualifications:
D Visual acuity in both eyes
(correction is permissible) sufficient for
discernment of moving targets at the
water’s surface with ability to estimate
target size and distance; use of
binoculars may be necessary to correctly
identify the target;
D Experience and ability to conduct
field observations and collect data
according to assigned protocols;
D Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
D Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
D Writing skills sufficient to prepare a
report of observations including but not
limited to the number and species of
marine mammals observed; dates and
times when in-water construction
activities were conducted; dates, times,
and reason for implementation of
mitigation (or why mitigation was not
implemented when required); and
marine mammal behavior;
D Ability to communicate orally, by
radio or in person, with project
personnel to provide real-time
information on marine mammals
observed in the area as necessary; and
D Sufficient training, orientation, or
experience with the construction
operations to provide for personal safety
during observations.
Reporting of Injured or Dead Marine
Mammals
In the unanticipated event that the
planned activity clearly causes the take
of a marine mammal in a manner
prohibited by the IHA, such as serious
injury, or mortality, the USACE must
immediately cease the specified
activities and report the incident to the
NMFS Office of Protected Resources and
the West Coast Region Stranding
Coordinator. The report must include
the following information:
D Time and date of the incident;
D Description of the incident;
D Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
D Description of all marine mammal
observations and active sound source
use in the 24 hours preceding the
incident;
D Species identification or description
of the animal(s) involved;
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D Fate of the animal(s); and
D Photographs or video footage of the
animal(s).
Activities must not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with USACE to
determine what measures are necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. The USACE must not
resume their activities until notified by
NMFS.
In the event the USACE discovers an
injured or dead marine mammal, and
the lead observer determines that the
cause of the injury or death is unknown
and the death is relatively recent (e.g.,
in less than a moderate state of
decomposition), the USACE must
immediately report the incident to the
Office of Protected Resources, NMFS,
and the West Coast Region Stranding
Coordinator, NMFS. The report must
include the same information as the
bullets described above. Activities may
continue while NMFS reviews the
circumstances of the incident. NMFS
will work with the USACE to determine
whether additional mitigation measures
or modifications to the activities are
appropriate.
In the event that the USACE discovers
an injured or dead marine mammal, and
the lead observer determines that the
injury or death is not associated with or
related to the specified activities (e.g.,
previously wounded animal, carcass
with moderate to advanced
decomposition, or scavenger damage),
the USACE must report the incident to
the Office of Protected Resources,
NMFS, and the West Coast Region
Stranding Coordinator, NMFS, within
24 hours of the discovery.
Final Report
The USACE must submit a draft
report to NMFS no later than 90 days
following the end of construction
activities or 60 days prior to the
issuance of any subsequent IHA for the
project. PSO datasheets/raw sightings
data must also be submitted with the
reports. The USACE must provide a
final report within 30 days following
resolution of NMFS’ comments on the
draft report. Reports must contain, at
minimum, the following:
D Date and time that monitored
activity begins and ends for each day
conducted (monitoring period);
D Construction activities occurring
during each daily observation period,
including how many and what type of
piles driven;
D Deviation from initial proposal in
pile numbers, pile types, average
driving times, etc.;
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D Weather parameters in each
monitoring period (e.g., wind speed,
percent cloud cover, visibility);
D Water conditions in each monitoring
period (e.g., sea state, tide state);
D For each marine mammal sighting:
species, numbers, and, if possible, sex
and age class of marine mammals;
number of individuals of each species
(differentiated by month as appropriate)
detected within the monitoring zones,
and estimates of number of marine
mammals taken, by species (a correction
factor may be applied to total take
numbers, as appropriate); description of
any observable marine mammal
behavior patterns, including bearing and
direction of travel and distance from
pile driving activity; type of
construction activity that was taking
place at the time of sighting; location
and distance from pile driving activities
to marine mammals and distance from
the marine mammals to the observation
point; and if shutdown was
implemented, behavioral reactions
noted and if they occurred before or
after shutdown;
D Description of implementation of
mitigation measures within each
monitoring period (e.g., shutdown or
delay);
D Other human activity in the area
within each monitoring period; and
D A summary of the following: total
number of individuals of each species
detected within the Level B Harassment
Zone, and estimated as taken if
correction factor appropriate (Level B
harassment takes must be extrapolated
based upon the number of observed
takes and the percentage of the Level B
Harassment Zone that was not visible);
total number of individuals of each
species detected within the Level A
Harassment Zone and the average
amount of time that they remained in
that zone; and daily average number of
individuals of each species
(differentiated by month as appropriate)
detected within the Level B Harassment
Zone, and estimated as taken, if
appropriate.
Determinations
The USACE’s planned in-water
construction activities as well as the
mitigation, monitoring, and reporting
requirements are unchanged from those
in the initial Year 1 and Year 2 IHAs.
The anticipated effects of the activities
on the affected species and stocks and
the estimated take of each species and
stock also remain unchanged. When
issuing the initial IHAs, NMFS found
that each year of the Coos Bay North
Jetty Maintenance and Repairs Project
would have a negligible impact to
species or stocks’ rates of recruitment
PO 00000
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Sfmt 4703
52375
and survival and the amount of taking
would be small relative to the
population size of such species or stock
(less than 10 percent). In conclusion,
there is no new information suggesting
that our analysis or findings should
change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following for
each IHA: (1) the required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) the USACE’s activities
will not have an unmitigable adverse
impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action; and (5) appropriate
monitoring and reporting requirements
are included.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of
these IHAs) with respect to potential
impacts on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the
IHAs qualifies to be categorically
excluded from further NEPA review.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. No take of
ESA-listed marine mammals are
authorized. Therefore, NMFS has
determined that consultation under
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Notices
section 7 of the ESA is not required for
this action.
Monday, September 12, 2022; 1 p.m.–4
p.m., EDT
Authorization
The meeting will begin with
Introductions of Members, Adoption of
Agenda, and review of Scope of Work.
The APs will receive a presentation
on the Florida Keys National Marine
Sanctuary (FKNMS) Proposed Rule and
will provide recommendations to the
Council.
The Joint Advisory Panels will receive
Public Comment and discuss any Other
Business items if time allows.
—Meeting Adjourns
The meeting will be via webinar only.
You may register for the webinar by
visiting www.gulfcouncil.org and
clicking on the Advisory Panel meeting
on the calendar. The Agenda is subject
to change, and the latest version along
with other meeting materials will be
posted on www.gulfcouncil.org as they
become available.
Although other non-emergency issues
not on the agenda may come before the
Advisory Panel for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act, those issues may not be the subject
of formal action during this meeting.
Actions of the Advisory Panel will be
restricted to those issues specifically
identified in the agenda and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to takeaction to address the emergency.
Authority: 16 U.S.C. 1801 et seq.
As a result of these determinations,
NMFS has issued two IHAs to the
USACE for conducting the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon over the course of two
non-consecutive years, beginning
September 2022 through February 2025,
with the previously mentioned
mitigation, monitoring, and reporting
requirements incorporated.
Dated: August 19, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–18355 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC292]
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 half-day meeting of its Joint
Coral, Shrimp and Spiny Lobster
Advisory Panels (AP) via webinar.
DATES: The meeting will take place
Monday, September 12 from 1 p.m.–4
p.m., EDT.
ADDRESSES: The meeting will be held
via webinar. Registration information
will be available on the Council’s
website by visiting www.gulfcouncil.org
and clicking on the Meetings Tab and
selecting Advisory Panel meetings, then
Joint Coral, Shrimp and Spiny Lobster
AP meeting.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Dr.
Natasha Mendez-Ferrer, Fishery
Biologist, natasha.mendez@
gulfcouncil.org and Dr. Matt Freeman,
Economist, matt.freeman@
gulfcouncil.org, Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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16:25 Aug 24, 2022
Jkt 256001
Dated: August 22, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18350 Filed 8–24–22; 8:45 am]
DEPARTMENT OF DEFENSE
[Docket ID: DOD–2022–OS–0107]
U.S. Court of Appeals for the Armed
Forces Proposed Rules Changes
Office of the Secretary,
Department of Defense.
ACTION: Notice of proposed changes to
the rules of practice and procedure of
the United States Court of Appeals for
the Armed Forces.
AGENCY:
This notice announces a
proposed addition and changes to the
Rules of Practice and Procedure, United
Frm 00018
Fmt 4703
Sfmt 4703
Malcolm H. Squires, Jr., Clerk of the
Court, telephone (202) 761–1449.
SUPPLEMENTARY INFORMATION: This
notice announces the following
proposed addition of Rule 36B and
changes to Rules 9(e), 21A, 30A(c), and
36(a) of the Rules of Practice and
Procedure, United States Court of
Appeals for the Armed Forces.
Rule 9(e)
Office of the Secretary
PO 00000
FOR FURTHER INFORMATION CONTACT:
Dated: August 19, 2022.
Aaron T. Siegel,
Alternate OSD Federal Liaison Officer,
Department of Defense.
BILLING CODE 3510–22–P
SUMMARY:
States Court of Appeals for the Armed
Forces. Although these rules of practice
and procedure fall within the
Administrative Procedure Act’s
exemptions for notice and comment, the
Department, as a matter of policy, has
decided to make these changes available
for public review and comment before
they are implemented.
DATES: Comments on the proposed
changes must be received by September
26, 2022.
ADDRESSES: You may submit comments,
identified by docket number and title by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Mail: Department of Defense, Office
of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Attn: Mailbox
24, Suite 08D09, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name and
docket number 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
personal identifiers or contact
information.
Rule 9(e)—Clerk—currently reads:
(e) Hours. The Clerk’s office shall be
open from 8:00 a.m. to 5:00 p.m. every
day except Saturdays, Sundays, and
legal holidays, or as otherwise ordered
by the Court. See Rule 36(a). The Court
is always open for filing of pleadings
and other papers. A pleading or other
paper may be filed outside of normal
operating hours of the Clerk’s office by
delivery to Court security personnel on
duty in the front lobby of the
courthouse. Pleadings will be deemed
filed on the date and time delivered to
Court security personnel. Court security
E:\FR\FM\25AUN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52371-52376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18355]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC260]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the North Jetty Maintenance and
Repairs Project in Coos Bay, Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of two incidental harassment authorizations
(IHAs).
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued two IHAs to the U.S. Army Corps of Engineers
(Corps) to incidentally harass marine mammals during in-water
construction activities associated with the North Jetty Maintenance and
Repairs Project in Coos Bay, Oregon. There are no changes from the
proposed authorizations in these final authorizations.
DATES: These authorizations are effective from September 1, 2022
through August 31, 2023 and March 1, 2024 through February 28, 2025.
[[Page 52372]]
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, 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
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 proposed or, if the taking is limited to harassment, a notice of a
proposed incidental harassment authorization is provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
History of Request
On March 18, 2019, NMFS received a request from USACE for two IHAs
to take 7 species of marine mammals, by Level B harassment only,
incidental to vibratory pile driving and removal associated with the
North Jetty Maintenance and Repairs Project in Coos Bay, Oregon over
the course of two years with pile installation occurring during Year 1
and pile removal occurring during Year 2. The application was deemed
adequate and complete on September 10, 2019. Neither USACE nor NMFS
expects injury, serious injury or mortality to result from this
activity and, therefore, IHAs are appropriate. On January 3, 2020, NMFS
issued the two IHAs to the USACE (85 FR 1140; January 9, 2020). The
Year 1 IHA was effective from September 1, 2020 through August 31, 2021
and the Year 2 IHA was effective July 1, 2022 through June 30, 2023.
On February 20, 2021, the USACE notified NMFS that the project had
been delayed and none of the work identified in the year 1 IHA (e.g.,
pile installation) had occurred. On May 4, 2021, NMFS reissued the Year
1 IHA, effective September 1, 2021 through August 31, 2022 (86 FR
24850; May 10, 2021).
On February 23, 2022, the USACE notified NMFS that the project had
been further delayed and work had still not commenced. The USACE
submitted an application for both IHAs to be reissued, with the Year 1
IHA effective from September 1, 2022 through August 31, 2023 and the
Year 2 IHA effective from March 1, 2024 through February 28, 2025. NMFS
has determined that the USACE's planned activities (including
mitigation, monitoring, and reporting), estimated incidental take, and
anticipated impacts on the affected stocks are the same as those
analyzed and authorized in the initial IHAs. There are no changes from
the proposed IHAs to the final IHAs.
Comments and Responses
Since the initial IHAs were issued several years ago, NMFS
published a notice of proposed IHAs in the Federal Register on July 13,
2022 (87 FR 41665) requesting public input on the request for
authorization described therein, our analyses, the proposed reissued
authorizations, and any other aspect of the notice of proposed IHAs,
and requested that interested persons submit relevant information,
suggestions, and comments. This proposed notice was available for a 30-
day public comment period. No public comments were received on the
proposed notice.
Description of the Planned Activity and Anticipated Impacts
The reissued IHAs include the same in-water construction activities
(i.e., vibratory pile installation and removal) in the same locations
that were described in the initial IHAs. The mitigation, monitoring,
and reporting measures remain the same as prescribed in the initial
IHAs. NMFS refers the reader to the documents related to the initial
IHAs issued on January 3, 2020 (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs) for more detailed
descriptions of the project activities. Other relevant documents
include the Federal Register notice of proposed IHAs and request for
comments (84 FR 56781; October 23, 2019), notice of issued IHAs (85 FR
1140; January 9, 2020), and notice of reissued Year 1 IHA (86 FR 24850;
May 10, 2021).
Detailed Description of the Action
A detailed description of the USACE's planned construction
activities is found in these previous documents. The location, time of
year, and nature of the activities, including the types of piles and
methods of installation and removal, are identical to those described
in the previous documents.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to these
reissued IHAs as well. In addition, NMFS has review the draft 2021
Stock Assessment Reports (SARs; Carretta et al., 2021; Muto et al.,
2021), information on relevant Unusual Mortality Events, and recent
scientific literature, and determined that no new information affects
our original analysis of impacts under the initial IHAs. The estimated
abundances of the California Breeding stock of northern elephant seals
(Mirounga angustirostris), the Northern California/Southern Oregon
stock of harbor porpoises (Phocoena phocoena), the West Coast Transient
stock of killer whales (Orcinus orca), and the Eastern U.S. stock of
Steller sea lions (Eumetopias jubatus) in the 2021 draft SARs have all
increased from the numbers presented in the Federal Register notices
for the initial IHAs (84 FR 56781, October 23, 2019; 85 FR 1140,
January 9, 2020).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat is found in the documents
supporting the initial IHAs, which remains applicable to the reissuance
of the IHAs. There is no new information on potential effects.
[[Page 52373]]
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activities are found in the notice of issuance
of the initial IHAs (85 FR 1140; January 9, 2020). The methods of
estimating take for the reissued IHAs are identical to those used in
the initial IHAs. The source levels, days of operation, and marine
mammal density remain unchanged from the previously issued IHAs.
Regarding authorized take, the stocks taken, types of take, and methods
of taking remain unchanged from the previously issued IHAs, as do the
number of takes, which are indicated below.
Table 1--Authorized Take by Level B Harassment and as a Percentage of Stock Abundance in Each Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Level B Level B Level B Total authorized take by Total authorized take
harassment AZ harassment 30- harassment AZ harassment 30- level B harassment by level B harassment
sheets (or H- inch piles sheets (or H- inch piles (percent of stock) (percent of stock)
Marine mammal piles) ---------------- piles) ------------------------------------------------------------------
---------------- ----------------
YR-1 YR-1 YR-2 removal YR-1 installation YR-2 removal
installation installation YR-2 removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina)......... 1,169 1,169 1,169 1,169 2,238 (9.45 percent).... 2,238 (9.45 percent).
Northern Elephant seal (Mirounga 7 7 7 7 14 (<0.01 percent)...... 14 (<0.01 percent).
angustirostris).
Steller sea lion (Eumetopias jubatus) 14 14 14 14 28 (0.06 percent)....... 28 (0.06 percent).
California sea lion (Zalophus 21 21 21 21 42 (0.02 percent)....... 42 (0.02 percent).
californianus).
Gray whale (Eschrichtius robustus)... 1 1 1 1 2 (<0.01 percent)....... 2 (<0.01 percent).
----------------------------------------------------------------
Killer whale (Orcinus orca).......... 2
2 2 (0.57 2 (0.57
percent) percent).
----------------------------------------------------------------
Harbor porpoise (Phocoena phocoena).. 2 2 2 2 4 (0.02 percent)........ 4 (0.02 percent).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The required mitigation, monitoring, and reporting measures
described here are identical to those included in the Federal Register
notice announcing the issuance of the initial IHAs (85 FR 1140; January
9, 2020) and the discussion of the least practicable adverse impact
included in that document remains accurate. Unless otherwise stated,
the following measures are included in both IHAs:
Timing Restrictions
All work must be conducted during daylight hours. If poor
environmental conditions restrict visibility full visibility of the
shutdown zone, pile installation must be delayed.
Shutdown Zone for In-Water Heavy Machinery Work
For in-water heavy machinery work other than pile driving, if a
marine mammal comes within 10 meters (m) of such operations, operations
must cease and vessels must reduce speed to the minimum level required
to maintain steerage and safe working conditions.
Shutdown Zones
For all pile driving/removal activities, the USACE must establish
shutdown zones for a marine mammal species that is greater than its
corresponding Level A harassment zone. To be conservative, the USACE
must implement one cetacean shutdown zone (55 m) and one pinniped
shutdown zone (25 m) during any pile driving/removal activity (i.e.,
during sheet piles, H-piles, and 30-in steel pile installation and
removal) (Table 2) which exceeds the maximum calculated PTS isopleths
as described in Table 7 of the Federal Register notice announcing the
issuance of the initial IHAs (85 FR 1140; January 9, 2020). The purpose
of a shutdown zone is generally to define an area within which shutdown
of the activity would occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area).
Table 2--Pile Driving Shutdown Zones During Project Activities
----------------------------------------------------------------------------------------------------------------
Shutdown zones (radial distance in m, area in square kilometers (km\2*\))
-------------------------------------------------------------------------------
Activity High-
Low- frequency Mid- frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans
----------------------------------------------------------------------------------------------------------------
In-Water Construction Activities
----------------------------------------------------------------------------------------------------------------
Heavy machinery work (other than 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015)
pile driving)..................
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving/Removal
----------------------------------------------------------------------------------------------------------------
12-in H pile steel installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
24-in sheet pile installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
30-in pile installation/removal. 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
----------------------------------------------------------------------------------------------------------------
* Note: km\2\ were divided by two to account for land.
Non-Authorized Take Prohibited
If a species enters or approaches the Level B harassment zone and
that species is either not authorized for take or its authorized takes
are met, pile driving and removal activities must shut down immediately
using delay and shutdown procedures. Activities must not resume until
the animal has been confirmed to have left the area or an observation
time period of 15 minutes has elapsed for pinnipeds and small cetaceans
and 30 minutes for large whales.
Pre-Activity Monitoring
Prior to the start of daily in-water construction activity, or
whenever a break in pile driving of 30 min or longer
[[Page 52374]]
occurs, protected species observers (PSOs) must observe the shutdown
and monitoring zones for a period of 30 minutes. The shutdown zone is
cleared when a marine mammal has not been observed within the zone for
that 30-minute period. If a marine mammal is observed within the
shutdown zone, pile driving activities must not begin until the animal
has left the shutdown zone or has not been observed for 15 min. If the
Level B Harassment Monitoring Zone has been observed for 30 min and no
marine mammals (for which take has not been authorized) are present
within the zone, work will continue even if visibility becomes impaired
within the Monitoring Zone. If a marine mammal for which take has been
permitted is present in the Monitoring zone, piling activities will
begin and Level B harassment take will be recorded.
Monitoring Zones
The USACE must establish and observe monitoring zones for Level B
harassment. The monitoring zones for this project are areas where
received sound pressure levels (SPLs) are equal to or exceed 120
decibels root-mean-square (dB rms) (for vibratory pile driving/
removal). For vibratory installation and removal of 12-inch H piles,
the Level B harassment zone and monitoring zone is 1,000 m. For
vibratory installation and removal of 24-inch steel sheet piles, the
Level B harassment zone and monitoring zone is 4,642 m. For vibratory
installation and removal of 30-inch steel pipe piles, the Level B
harassment zone and monitoring zone is 8,577 m. These zones provide
utility for monitoring conducted for mitigation purposes (i.e.,
shutdown zone monitoring) by establishing monitoring protocols for
areas adjacent to the shutdown zones. Monitoring of the Level B
harassment zones enables observers to be aware of and communicate the
presence of marine mammals in the project area, and thus prepare for
potential shutdowns of activity. The USACE must also gather information
to help better understand the impacts of their planned activities on
species and their behavioral responses.
Visual Monitoring
Monitoring must be conducted 30 minutes before, during, and 30
minutes after all pile driving/removal activities. In addition, PSOs
must record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being driven/removed. Pile driving/
removal activities include the time to install, remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than thirty minutes.
Monitoring must be conducted by PSOs from on land and boat. The
number of PSOs will vary from one to three, depending on the type of
pile driving, method of pile driving and size of pile, all of which
determines the size of the harassment zones. Monitoring locations must
be selected to provide an unobstructed view of all water within the
shutdown zone and as much of the Level B harassment zone as possible
for pile driving activities. During vibratory driving or removal of
sheet or H-piles, two PSOs must be present. One PSO must be located on
the shoreline adjacent to the Material Off-loading Facility (MOF) site
or on the barge used for driving piles. The other PSO must be boat-
based and detect animals in the water, along with monitoring the three
haulout sites in the Level B harassment zone (i.e., Pigeon Point, Clam
Island/North Spit, and South Slough). During vibratory driving and
removal of 30-inch steel pipe piles, three PSOs must be present. As
indicated above, one PSO must be on the shoreline or barge adjacent to
the MOF site. A second PSO must be stationed near the South Slough haul
out site, and the third PSO must be boat-based and make observations
while actively monitoring at and between the two remaining haulout
sites (i.e., Pigeon Point and Clam Island).
In addition, PSOs must work in shifts lasting no longer than 4
hours with at least a 1-hour break between shifts, and must not perform
duties as a PSO for more than 12 hours in a 24-hour period (to reduce
PSO fatigue).
Monitoring of pile driving must be conducted by qualified, NMFS-
approved PSOs, who must have no other assigned tasks during monitoring
periods. The USACE must adhere to the following conditions when
selecting PSOs:
[ssquf] Independent PSOs must be used (i.e., not construction
personnel);
[ssquf] At least one PSO must have prior experience working as a
marine mammal observer during construction activities;
[ssquf] Other PSOs may substitute education (degree in biological
science or related field) or training for experience;
[ssquf] Where a team of three or more PSOs are required, a lead
observer or monitoring coordinator must be designated. The lead
observer must have prior experience working as a marine mammal observer
during construction; and
[ssquf] The USACE must submit PSO CVs for approval by NMFS for all
observers prior to monitoring.
The USACE must ensure that the PSOs have the following additional
qualifications:
[ssquf] Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
[ssquf] Experience and ability to conduct field observations and
collect data according to assigned protocols;
[ssquf] Experience or training in the field identification of
marine mammals, including the identification of behaviors;
[ssquf] Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
[ssquf] Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior;
[ssquf] Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary; and
[ssquf] Sufficient training, orientation, or experience with the
construction operations to provide for personal safety during
observations.
Reporting of Injured or Dead Marine Mammals
In the unanticipated event that the planned activity clearly causes
the take of a marine mammal in a manner prohibited by the IHA, such as
serious injury, or mortality, the USACE must immediately cease the
specified activities and report the incident to the NMFS Office of
Protected Resources and the West Coast Region Stranding Coordinator.
The report must include the following information:
[ssquf] Time and date of the incident;
[ssquf] Description of the incident;
[ssquf] Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
[ssquf] Description of all marine mammal observations and active
sound source use in the 24 hours preceding the incident;
[ssquf] Species identification or description of the animal(s)
involved;
[[Page 52375]]
[ssquf] Fate of the animal(s); and
[ssquf] Photographs or video footage of the animal(s).
Activities must not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with USACE to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. The USACE must not
resume their activities until notified by NMFS.
In the event the USACE discovers an injured or dead marine mammal,
and the lead observer determines that the cause of the injury or death
is unknown and the death is relatively recent (e.g., in less than a
moderate state of decomposition), the USACE must immediately report the
incident to the Office of Protected Resources, NMFS, and the West Coast
Region Stranding Coordinator, NMFS. The report must include the same
information as the bullets described above. Activities may continue
while NMFS reviews the circumstances of the incident. NMFS will work
with the USACE to determine whether additional mitigation measures or
modifications to the activities are appropriate.
In the event that the USACE discovers an injured or dead marine
mammal, and the lead observer determines that the injury or death is
not associated with or related to the specified activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), the USACE must report the incident
to the Office of Protected Resources, NMFS, and the West Coast Region
Stranding Coordinator, NMFS, within 24 hours of the discovery.
Final Report
The USACE must submit a draft report to NMFS no later than 90 days
following the end of construction activities or 60 days prior to the
issuance of any subsequent IHA for the project. PSO datasheets/raw
sightings data must also be submitted with the reports. The USACE must
provide a final report within 30 days following resolution of NMFS'
comments on the draft report. Reports must contain, at minimum, the
following:
[ssquf] Date and time that monitored activity begins and ends for
each day conducted (monitoring period);
[ssquf] Construction activities occurring during each daily
observation period, including how many and what type of piles driven;
[ssquf] Deviation from initial proposal in pile numbers, pile
types, average driving times, etc.;
[ssquf] Weather parameters in each monitoring period (e.g., wind
speed, percent cloud cover, visibility);
[ssquf] Water conditions in each monitoring period (e.g., sea
state, tide state);
[ssquf] For each marine mammal sighting: species, numbers, and, if
possible, sex and age class of marine mammals; number of individuals of
each species (differentiated by month as appropriate) detected within
the monitoring zones, and estimates of number of marine mammals taken,
by species (a correction factor may be applied to total take numbers,
as appropriate); description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity; type of construction activity that was taking
place at the time of sighting; location and distance from pile driving
activities to marine mammals and distance from the marine mammals to
the observation point; and if shutdown was implemented, behavioral
reactions noted and if they occurred before or after shutdown;
[ssquf] Description of implementation of mitigation measures within
each monitoring period (e.g., shutdown or delay);
[ssquf] Other human activity in the area within each monitoring
period; and
[ssquf] A summary of the following: total number of individuals of
each species detected within the Level B Harassment Zone, and estimated
as taken if correction factor appropriate (Level B harassment takes
must be extrapolated based upon the number of observed takes and the
percentage of the Level B Harassment Zone that was not visible); total
number of individuals of each species detected within the Level A
Harassment Zone and the average amount of time that they remained in
that zone; and daily average number of individuals of each species
(differentiated by month as appropriate) detected within the Level B
Harassment Zone, and estimated as taken, if appropriate.
Determinations
The USACE's planned in-water construction activities as well as the
mitigation, monitoring, and reporting requirements are unchanged from
those in the initial Year 1 and Year 2 IHAs. The anticipated effects of
the activities on the affected species and stocks and the estimated
take of each species and stock also remain unchanged. When issuing the
initial IHAs, NMFS found that each year of the Coos Bay North Jetty
Maintenance and Repairs Project would have a negligible impact to
species or stocks' rates of recruitment and survival and the amount of
taking would be small relative to the population size of such species
or stock (less than 10 percent). In conclusion, there is no new
information suggesting that our analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following for each IHA: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) the USACE's activities will not have an unmitigable adverse impact
on taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action; and (5) appropriate
monitoring and reporting requirements are included.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of these IHAs)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHAs qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. No take of ESA-listed marine mammals are authorized.
Therefore, NMFS has determined that consultation under
[[Page 52376]]
section 7 of the ESA is not required for this action.
Authorization
As a result of these determinations, NMFS has issued two IHAs to
the USACE for conducting the North Jetty Maintenance and Repairs
Project in Coos Bay, Oregon over the course of two non-consecutive
years, beginning September 2022 through February 2025, with the
previously mentioned mitigation, monitoring, and reporting requirements
incorporated.
Dated: August 19, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-18355 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P
