Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine, 53731-53732 [2022-18877]
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Sheleen Dumas,
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the Chief Information Officer, Commerce
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[FR Doc. 2022–18899 Filed 8–31–22; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC321]
Advisory Committee Open Session on
Management Strategy Evaluation for
Atlantic Bluefin Tuna
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of meeting.
AGENCY:
NMFS is holding a public
meeting via webinar session for the
Advisory Committee to the U.S. Section
to the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and all interested stakeholders to
receive an update and provide input on
the development of the management
strategy evaluation (MSE) for Atlantic
Bluefin tuna. NMFS staff will also
provide an update on the Marine
Recreational Information Program
Atlantic HMS Regional Implementation
Plan.
DATES: A virtual meeting that is open to
the public will be held by webinar
session on September 16, 2022, from 1
p.m. to 5 p.m. EDT.
ADDRESSES: Please register to attend the
meeting at: https://forms.gle/
SvV5b9ijaBgTbe3R7. Registration will
close on September 14, 2022, at 5 p.m.
EDT. Instructions for accessing the
webinar session will be emailed to
registered participants.
FOR FURTHER INFORMATION CONTACT:
Bryan Keller, Office of International
Affairs, Trade, and Commerce, (202)
897–9208 or at Bryan.Keller@noaa.gov.
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SUMMARY:
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MSE is a
process that allows fishery managers
and stakeholders (e.g., industry,
scientists, and non-governmental
organizations) to assess how well
different strategies achieve specified
management objectives for a fishery.
After several years of work, ICCAT
expects to finalize its Bluefin tuna MSE
in 2022 and anticipates adopting a
management procedure in November
2022 to set Total Allowable Catch
(TACs) for 2023 and future years for
both the western Atlantic and the
eastern Atlantic and Mediterranean
stocks of Bluefin tuna. NMFS and the
United States more broadly participate
in this MSE development process and
have been engaging stakeholders and
considering their input throughout the
process through various means,
including consultation with the
Advisory Committee to the U.S. Section
to ICCAT. The United States also
participates in the development of the
Bluefin tuna MSE through active
engagement by U.S. scientists in
ICCAT’s Standing Committee on
Research and Statistics (SCRS).
The September 16 meeting is
intended to update stakeholders and
solicit their input on the MSE approach
being developed by ICCAT. This
includes SCRS progress in developing
initial candidate management
procedures (CMPs) illustrating potential
management tradeoffs and the related
process by ICCAT to refine management
objectives to assist the SCRS in further
refining and narrowing those CMPs.
This open session Advisory Committee
meeting is primarily informational in
nature and is intended to increase the
opportunity for stakeholder awareness
and input on the Bluefin tuna MSE
process. Discussions at the meeting will
help inform U.S. scientists who are
participating in the work of the SCRS,
including the SCRS Species Group and
Plenary meetings, scheduled for
September 19–30, 2022.
In addition to MSE updates, NMFS
staff will provide an update on the
Marine Recreational Information
Program Atlantic HMS Regional
Implementation Plan for the IAC’s and
the public’s information and
background. There will be dedicated
time for questions and discussion
related to this plan.
Authority: 16 U.S.C. 971 et seq.; 16
U.S.C. 1801 et seq.
SUPPLEMENTARY INFORMATION:
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53731
Dated: August 26, 2022.
Alexa Cole,
Director, Office of International Affairs,
Trade, and Commerce, National Marine
Fisheries Service.
[FR Doc. 2022–18868 Filed 8–31–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC259]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at
Portsmouth Naval Shipyard, Kittery,
Maine
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:
NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take small numbers of
marine mammals incidental to
construction activities associated with
the multifunctional expansion and
modification of Dry Dock 1 at
Portsmouth Naval Shipyard in Kittery,
Maine over the course of 5 years from
the date of issuance. 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 October 3,
2022.
SUMMARY:
Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.renytysonmoore@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
ADDRESSES:
E:\FR\FM\01SEN1.SGM
01SEN1
53732
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Notices
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/node/
23111 without change. All personal
identifying information (e.g., name,
address) voluntarily submitted by the
commenter may be publicly accessible.
Do not submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Reny Tyson Moore, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the Navy’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An incidental take authorization shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: any act of
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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 9, 2022, NMFS received an
application from the Navy requesting
authorization for take of marine
mammals incidental to construction
activities related to the multifunctional
expansion and modification of Dry Dock
1 at Portsmouth Naval Shipyard in
Kittery, Maine. We provided comments
on the application and the Navy
submitted revised versions and
responses to our comments on July 5,
2022, August 15, 2022, August 19, 2022,
and August 25, 2022. We determined
the application was adequate and
complete on August 25, 2022. The
requested regulations would be valid for
5 years, from April 1, 2023 through
March 21, 2028. The Navy plans to
conduct necessary work, including
impact and vibratory pile driving,
hydraulic rock hammering, rotary
drilling, and mono and cluster downthe-hole drilling (DTH), to expand and
modify Dry Dock 1. The proposed action
may incidentally expose marine
mammals occurring in the vicinity 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
Multifunctional Expansion of Dry
Dock 1 (P–381) is one of three projects
that support the overall expansion and
modification of Dry Dock 1, located in
the western extent of the Shipyard. The
previous two projects, construction of a
super flood basin (P–310) and extension
of portal crane rail and utilities (P–1074)
are currently under construction. Inwater work associated with these
projects was completed under separate
IHAs issued by NMFS. The projects
have been phased to support Navy
mission schedules. P–381 will be
constructed within the same footprint of
the super flood basin over an
approximated 7-year period, of which 5years of in-water work would occur. An
IHA was issued by NMFS for the first
year of P–381 construction activities
between April 1, 2022 and March 31,
2023 (87 FR 19866, April 6, 2022). This
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Fmt 4703
Sfmt 4703
Letters or Authorization (LOA) request
is for the remaining 4 years of P–381 inwater construction activities occurring
from April 1, 2023 through March 31,
2028 as well as for additional in-water
construction activities associated with
the removal of emergency repair
components of the super flood basin
that will occur during the LOA period.
Although the in-water construction
described in this LOA application is
anticipated to be completed by
December 2026, the LOA application
includes the full 5-year term through
March 31, 2028 in the event of
unanticipated schedule delays.
Construction activities will include the
excavation and/or installation of 1,118
holes, 180 shafts, and 520 sheet piles via
impact and vibratory pile driving,
hydraulic rock hammering, rotary
drilling, and mono and cluster DTH.
The construction activities are expected
to require approximately 2,037 days
over the 5-year period; however,
overlapping activities are estimated to
reduce the number of construction days
to within 4 years. Harbor porpoises
(Phocoena phocoena), harbor seals
(Phoca vitulina vitulina), gray seals
(Halichoerus grypus), hooded seals
(Crystphora cristata), and harp seals
(Pagophilus groenlandicus) have been
observed in the proposed action area.
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 29, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–18877 Filed 8–31–22; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC287]
Western Pacific Fishery Management
Council; Public Meetings; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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01SEN1
]]>Agencies
[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53731-53732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18877]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC259]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard,
Kittery, Maine
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 U.S. Navy (Navy) for
authorization to take small numbers of marine mammals incidental to
construction activities associated with the multifunctional expansion
and modification of Dry Dock 1 at Portsmouth Naval Shipyard in Kittery,
Maine over the course of 5 years from the date of issuance. 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 October
3, 2022.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all
[[Page 53732]]
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/node/23111 without change. All personal
identifying information (e.g., name, address) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Reny Tyson Moore, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An incidental take authorization shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On May 9, 2022, NMFS received an application from the Navy
requesting authorization for take of marine mammals incidental to
construction activities related to the multifunctional expansion and
modification of Dry Dock 1 at Portsmouth Naval Shipyard in Kittery,
Maine. We provided comments on the application and the Navy submitted
revised versions and responses to our comments on July 5, 2022, August
15, 2022, August 19, 2022, and August 25, 2022. We determined the
application was adequate and complete on August 25, 2022. The requested
regulations would be valid for 5 years, from April 1, 2023 through
March 21, 2028. The Navy plans to conduct necessary work, including
impact and vibratory pile driving, hydraulic rock hammering, rotary
drilling, and mono and cluster down-the-hole drilling (DTH), to expand
and modify Dry Dock 1. The proposed action may incidentally expose
marine mammals occurring in the vicinity 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
Multifunctional Expansion of Dry Dock 1 (P-381) is one of three
projects that support the overall expansion and modification of Dry
Dock 1, located in the western extent of the Shipyard. The previous two
projects, construction of a super flood basin (P-310) and extension of
portal crane rail and utilities (P-1074) are currently under
construction. In-water work associated with these projects was
completed under separate IHAs issued by NMFS. The projects have been
phased to support Navy mission schedules. P-381 will be constructed
within the same footprint of the super flood basin over an approximated
7-year period, of which 5-years of in-water work would occur. An IHA
was issued by NMFS for the first year of P-381 construction activities
between April 1, 2022 and March 31, 2023 (87 FR 19866, April 6, 2022).
This Letters or Authorization (LOA) request is for the remaining 4
years of P-381 in-water construction activities occurring from April 1,
2023 through March 31, 2028 as well as for additional in-water
construction activities associated with the removal of emergency repair
components of the super flood basin that will occur during the LOA
period. Although the in-water construction described in this LOA
application is anticipated to be completed by December 2026, the LOA
application includes the full 5-year term through March 31, 2028 in the
event of unanticipated schedule delays. Construction activities will
include the excavation and/or installation of 1,118 holes, 180 shafts,
and 520 sheet piles via impact and vibratory pile driving, hydraulic
rock hammering, rotary drilling, and mono and cluster DTH. The
construction activities are expected to require approximately 2,037
days over the 5-year period; however, overlapping activities are
estimated to reduce the number of construction days to within 4 years.
Harbor porpoises (Phocoena phocoena), harbor seals (Phoca vitulina
vitulina), gray seals (Halichoerus grypus), hooded seals (Crystphora
cristata), and harp seals (Pagophilus groenlandicus) have been observed
in the proposed action area.
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 29, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-18877 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-22-P
