Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel Project in Virginia, 63037-63041 [2022-22620]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63037-63041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC413]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel 
Project in Virginia

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments on proposed renewal incidental 
harassment authorization (IHA).

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SUMMARY: NMFS received a request from Chesapeake Tunnel Joint Venture 
(CTJV) for the renewal of their currently active incidental harassment 
authorization (IHA) to take marine mammals incidental to the Parallel 
Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia. These 
activities are nearly identical to those covered in the current 
authorization, and include a subset of the initial work. Pursuant to 
the Marine Mammal Protection Act, prior to issuing the currently active 
IHA, NMFS requested comments on both the proposed IHA and the potential 
for renewing the initial authorization if certain requirements were 
satisfied. The renewal requirements have been satisfied, and NMFS is 
now providing an additional 15-day comment period to allow for any 
additional comments on the proposed renewal not previously provided 
during the initial 30-day comment period.

DATES: Comments and information must be received no later than November 
2, 2022.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, and should be submitted via email 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, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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: Cara Hotchkin, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, renewal request, 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: 
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 Marine Mammal Protection Act (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 issued or, if the taking is limited to 
harassment, an incidental harassment authorization is issued.
    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 such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a renewal for this activity, and 
requested public comment on a potential renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time 1-year renewal IHA following notice to the public providing an 
additional 15 days for public comments when (1) up to another year of 
identical, or nearly identical, activities as described in the Detailed 
Description of Specified Activities section of the initial IHA issuance 
notice is planned or (2) the activities as described in the

[[Page 63038]]

Description of the Specified Activities and Anticipated Impacts section 
of the initial IHA issuance notice would not be completed by the time 
the initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the DATES section of the notice of 
issuance of the initial IHA, provided all of the following conditions 
are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal IHA effective date (recognizing that the renewal IHA 
expiration date cannot extend beyond 1 year from expiration of the 
initial IHA).
    2. The request for renewal must include the following:
     An explanation that the activities to be conducted under 
the requested renewal IHA are identical to the activities analyzed 
under the initial IHA, are a subset of the activities, or include 
changes so minor (e.g., reduction in pile size) that the changes do not 
affect the previous analyses, mitigation and monitoring requirements, 
or take estimates (with the exception of reducing the type or amount of 
take).
     A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    3. Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested renewal, and agency responses will be 
summarized in the final notice of our decision.

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 an IHA) 
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 
preliminarily determined that the issuance of the proposed IHA 
qualifies to be categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA request.

History of Request

    On November 16, 2021, NMFS issued an IHA to CJTV to take marine 
mammals incidental to the Parallel Thimble Shoal Tunnel Project in 
Virginia Beach, Virginia (86 FR 67024, November 24, 2021), effective 
from November 16, 2021 through November 15, 2022. On August 24, 2022, 
NMFS received an application for the renewal of that initial IHA. As 
described in the application for renewal IHA, the activities for which 
incidental take is requested are nearly identical to, and a subset of, 
those covered in the initial authorization. The project has experienced 
delays and a portion of the work covered in the initial IHA will not be 
completed by the time it expires. As required, the applicant also 
provided a preliminary monitoring report which confirms that the 
applicant has implemented the required mitigation and monitoring, and 
which also shows that no impacts of a scale or nature not previously 
analyzed or authorized have occurred as a result of the activities 
conducted.

Description of the Specified Activities and Anticipated Impacts

    CTJV's planned activities include construction associated with the 
PTST project. Specifically, the location, timing, and nature of the 
activities, including the types of equipment planned for use, are 
identical to those described in the initial IHA. The precise details of 
the work planned under the renewal IHA are nearly identical to that 
described in the initial IHA; the planned work includes a subset of the 
initial activities, as well as some additional work that involves 
additional piles of identical type and driving methods as initially 
proposed. Details of the additional work are described below. The 
project consists of the construction of a two-lane parallel tunnel to 
the west of the existing Thimble Shoal Tunnel, connecting Portal 
Islands Nos. 1 and 2 of the Chesapeake Bay Bridge Tunnel (CBBT) 
facility which extends across the mouth of the Chesapeake Bay near 
Virginia Beach, Virginia. The PTST project will address existing 
constraints to regional mobility based on current traffic volume along 
the facility. Planned construction associated with the initial IHA 
included the driving of 764 piles over 252 days as shown below:
     722 36-inch steel pipe piles;
     42 42-inch steel pipe piles.
    Of these planned activities, under the initial IHA CTJV installed a 
total of 423 36-inch pipe piles and 26 42-inch pipe piles, a total of 
449 piles. The remaining 16 42-inch piles have been eliminated from the 
construction plan due to a change in design. This change includes the 
use of 163 additional 36-inch piles instead of the originally requested 
42-inch piles. Remaining piles will be installed using impact driving, 
vibratory driving and drilling with down-the-hole (DTH) hammers. Some 
piles will be removed via vibratory hammer. Accounting for work 
conducted under the initial IHA and the design change resulting in an 
increase in total piles, CTJV plans to drive 462 piles over an 
estimated 206 days under this proposed renewal IHA.
    The anticipated impacts are identical to those described in the 
initial IHA. NMFS anticipates the take of the same five species of 
marine mammal (harbor seal, gray seal, bottlenose dolphin, harbor 
porpoise, and humpback whale) by Level A and Level B harassment 
incidental to underwater noise resulting from construction associated 
with the proposed activities.
    The following documents are referenced in this notice and include 
important supporting information:
     Initial final IHA (86 FR 67024, November 24, 2021);
     Initial proposed IHA (86 FR 56902, October 13, 2021); and
     2021 IHA application, references cited, and previous 
public comments received (available at www.fisheries.noaa.gov/national/

[[Page 63039]]

marine-mammal-protection/incidental-take-authorizations-construction-
activities).

Detailed Description of the Activity

    The PTST project entails construction of a two lane parallel tunnel 
to the west of the existing Thimble Shoal Tunnel. In-water pile driving 
to create vessel moorings, temporary work trestles (Temporary dock on 
Portal Island 1, Roadway Trestle on Portal Island 1 and 2 and Omega 
Trestles on both Island to support Berm construction) and Support Of 
Excavation (SOE) walls on both islands will take place during the 
construction process. The 6,525 linear feet (ft.) (1,990 meters (m)) of 
new tunnel will be constructed with a top of tunnel depth/elevation of 
100 ft. (30.5m) below Mean Low Water (MLW) within the width of the 
1,000-ft (305 m)-wide navigation channel. Remaining proposed in-water 
activities to be covered under this Renewal include the following:
     Mooring Piles and Dolphins: 8 of 28 36-inch steel pipe 
piles remain to be installed at Portal Island No. 1. 16 of 16 36-inch 
steel pipe piles remain to be installed on Portal Island No. 2. 
Installation will be by vibratory hammer with a bubble curtain.
     Two engineered berms: A project design change has 
increased the number of piles installed on the East sides of both 
Portal Islands. On Portal Island No. 1 (East side), three 36-inch pipe 
piles remain to be installed. The number of 36-inch piles requested for 
this section has changed from 107 to 163 due to the project design 
change. On Portal Island No. 2 (East side), the number of requested 36-
inch piles has changed from 134 to 201; no piles have yet been 
installed for this segment. There has been no change to the requested 
number of piles for the West side of either Portal Island. On the West 
side for Portal Island No. 1, 27 of 209 piles remain to be installed. 
On Portal Island No. 2 (West side) 188 of 204 36-inch steel pipe piles 
remain to be installed. Installation will be through impact and DTH 
methods with a specialized bubble curtain (see initial IHA application 
Appendix A).
     Two temporary Omega trestles: On Portal Island No. 1, all 
piles have been installed under the initial IHA. On Portal Island No. 
2, a project design change has increased the number of requested 36-
inch steel pipe piles from 24 to 37, and eliminated the need for 42-
inch pipe piles. Nineteen of 37 36-inch steel pipe piles remain to be 
installed.
    Some in-water construction activities would occur simultaneously. A 
detailed description of the construction activities for which 
authorization of take is proposed here may be found in the Federal 
Register notice of proposed IHA for the 2021 authorization (86 FR 
56902, October 13, 2021). Location, timing (e.g., seasonality), and 
nature of the pile driving operations, including the type and size of 
piles and the methods of pile driving, are identical to those analyzed 
in the initial IHA. The proposed IHA Renewal would be effective for a 
period of 1 year from the date of expiration of the initial IHA.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice for the proposed IHA for the initial 
authorization (86 FR 56902, October 13, 2021). Updated information 
regarding stock abundance was provided in the Federal Register notice 
announcing issuance of the initial IHA (86 FR 67024, November 24, 
2021). NMFS has reviewed recent Stock Assessment Reports, information 
on relevant Unusual Mortality Events, and other scientific literature. 
The 2021 Stock Assessment Report states that estimated abundance has 
decreased for the Western North Atlantic stock of harbor seals, from 
75,834 (CV = 0.15) to 61,336 (CV = 0.08), based on an updated survey 
done in 2018.NMFS has preliminarily determined that neither this nor 
any other new information affects which species or stocks have the 
potential to be affected or the pertinent information in the 
Description of the Marine Mammals in the Area of Specified Activities 
contained in the supporting documents for the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which the 
authorization of take is proposed here may be found in the Notice of 
the Proposed IHA (86 FR 56902, October 13, 2021) for the initial 
authorization. NMFS has reviewed the monitoring data from the initial 
IHA, recent draft Stock Assessment Reports, information on relevant 
Unusual Mortality Events, and other scientific literature, and 
determined that neither this nor any other new information affects our 
initial analysis of impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Federal Register 
notice for the proposed and final initial IHAs (86 FR 56902, October 
13, 2021; 86 FR 67024, November 24, 2021). Specifically, the source 
levels and marine mammal occurrence data applicable to this 
authorization remain unchanged from the previously issued IHA. CTJV 
conducted approximately 50 percent of the planned work and has replaced 
all remaining 42-inch piles with additional 36-inch piles. The 
approximate total number of operational days for this proposed renewal 
IHA is lower than the initial IHA. However, because the take numbers 
developed for most species for which take is proposed for authorization 
involve qualitative elements and because the reduction in total days 
would not result in a substantive decrease in the take number for 
bottlenose dolphin (i.e., the only species for which a density-based 
approach to estimating take is used), we carry forward the take numbers 
unchanged for this proposed renewal IHA. The stocks taken, methods of 
take, and types of take remain unchanged from the previously issued 
IHA, as do the number of takes, which are indicated below in Table 1.

      Table 1--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected
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                    Species                                   Stock                Level A takes   Level B takes
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Humpback whale................................  Gulf of Maine...................  ..............              12
Harbor porpoise...............................  Gulf of Maine/Bay of Fundy......               5               7
Bottlenose dolphin............................  WNA \1\ Coastal, Northern         ..............          43,203
                                                 Migratory.
                                                WNA Coastal, Southern Migratory.  ..............          43,203
                                                NNCES \2\.......................  ..............             250
Harbor seal...................................  Western North Atlantic..........           1,154           1,730

[[Page 63040]]

 
Gray seal.....................................  Western North Atlantic..........              16              24
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\1\ Western North Atlantic;
\2\ Northern North Carolina Estuarine System.

    Preliminary monitoring data from November 16, 2021 to August 1, 
2022 indicate that significantly fewer animals than predicted have been 
observed at the PTST location. Table 2 indicates the number of animals 
of each species sighted and the number recorded within the respective 
estimated harassment zones.

 Table 2--Sightings and Recorded Takes by Level A and Level B Harassment Between November 16, 2021 and August 1,
                                                      2022
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                                                                       Total      Within Level A  Within Level B
                                                                     sightings         zone            zone
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Humpback whale..................................................               2               0               0
Harbor porpoise.................................................               0               0               0
Bottlenose dolphin..............................................             419               0             166
Harbor seal.....................................................              11               0               4
Gray seal.......................................................               0               0               0
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Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (86 FR 67024, November 24, 2021), and the discussion of the 
least practicable adverse impact included in that document remains 
accurate. The following measures are proposed for this renewal:
     Avoid direct physical interaction with marine mammals 
during construction activity. If a marine mammal comes within 10 m of 
such activity, operations must cease and vessels must reduce speed to 
the minimum level required to maintain steerage and safe working 
conditions;
     Conduct training between construction supervisors and 
crews and the marine mammal monitoring team and relevant CTJV staff 
prior to the start of all pile driving and DTH activity and when new 
personnel join the work, so that responsibilities, communication 
procedures, monitoring protocols, and operational procedures are 
clearly understood;
     Pile driving activity must be halted upon observation of 
either a species for which incidental take is not authorized or a 
species for which incidental take has been authorized but the 
authorized number of takes has been met, entering or within the 
harassment zone;
     CTJV will establish and implement the shutdown zones 
indicated in Table 3. 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). Shutdown zones typically vary based on the activity 
type and marine mammal hearing group;
     Employ Protected Species Observers (PSOs) and establish 
monitoring locations as described in the Marine Mammal Monitoring Plan 
and Section 5 of the initial IHA. The Holder must monitor the project 
area to the maximum extent possible based on the required number of 
PSOs, required monitoring locations, and environmental conditions. For 
all pile driving and removal, at least one PSO must be used. The PSO 
will be stationed as close to the activity as possible;
     The placement of the PSOs during all pile driving and 
removal and DTH activities will ensure that the entire shutdown zone is 
visible during pile installation. Should environmental conditions 
deteriorate such that marine mammals within the entire shutdown zone 
will not be visible (e.g., fog, heavy rain), pile driving and removal 
must be delayed until the PSO is confident marine mammals within the 
shutdown zone could be detected;
     Monitoring must take place from 30 minutes prior to 
initiation of pile driving activity through 30 minutes post-completion 
of pile driving activity. Pre-start clearance monitoring must be 
conducted during periods of visibility sufficient for the lead PSO to 
determine the shutdown zones clear of marine mammals. Pile driving may 
commence following 30 minutes of observation when the determination is 
made;
     If pile driving is delayed or halted due to the presence 
of a marine mammal, the activity may not commence or resume until 
either the animal has voluntarily exited and been visually confirmed 
beyond the shutdown zone or 15 minutes have passed without re-detection 
of the animal;
     CTJV must use soft start techniques when impact pile 
driving. Soft start requires contractors to provide an initial set of 
three strikes at reduced energy, followed by a 30-second waiting 
period, then two subsequent reduced-energy strike sets. A soft start 
must be implemented at the start of each day's impact pile driving and 
at any time following cessation of impact pile driving for a period of 
30 minutes or longer; and
     Use a bubble curtain during impact and vibratory pile 
driving and DTH in water depths greater than 3 m and ensure that it is 
operated as necessary to achieve optimal performance, and that no 
reduction in performance may be attributable to faulty deployment. At a 
minimum, CTJV must adhere to the following performance standards: The 
bubble curtain must distribute air bubbles around 100 percent of the 
piling circumference for the full depth of the water column. The lowest 
bubble ring must be in contact with the substrate for the full 
circumference of the ring, and the weights attached to the bottom ring 
shall ensure 100 percent substrate contact. No parts of the ring or 
other objects shall prevent full substrate contact. Airflow to the 
bubblers must be balanced around the circumference of

[[Page 63041]]

the pile. For work with interlocking pipe piles for the berm 
construction a special three-sided bubble curtain will be used (see 
initial IHA Application Appendix A).

                                Table 3--Shutdown Zones (Meters) for Each Method
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                                                                                       High-
              Method and piles/day                 Low-frequency   Mid-frequency     frequency        Phocids
                                                     cetaceans       cetaceans       cetaceans
----------------------------------------------------------------------------------------------------------------
DTH (3/day).....................................            1230              50             200             150
DTH (6/day).....................................            1950              70             200             150
Impact (4/day)..................................            1010              40             200             150
Impact (6/day)..................................            1320              50             200             150
Vibratory (4/day)...............................              20              10              20              10
                                                 ---------------------------------------------------------------
Impact + DTH....................................                  Use zones for each source alone
----------------------------------------------------------------------------------------------------------------
DTH + Vibratory.................................            1230              50             200             150
Impact + Vibratory..............................            1320              50             200             150
Impact + DTH + DTH..............................            1320              50             200             150
DTH + DTH+ Vibratory............................            1950              70             200            1050
DTH + Vibratory + Impact........................            1320              50             200             710
                                                 ---------------------------------------------------------------
Impact + Impact + DTH...........................                  Use zones for each source alone
----------------------------------------------------------------------------------------------------------------

Public Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (86 
FR 56902, October 13, 2021) and solicited public comments on both our 
proposal to issue the initial IHA for CTJV's construction activities 
and on the potential for a renewal IHA, should certain requirements be 
met.
    A single public comment was received and addressed in the notice 
announcing the issuance of the initial IHA (86 FR 67024, 24 November 
2021) and did not specifically pertain to the renewal of the 2021 IHA.

Preliminary Determinations

    The construction activities proposed by CTJV are nearly identical 
to those analyzed in the initial IHA, as are the method of taking and 
the effects of the action. The planned number of days of activity will 
be reduced given the completion of a substantial portion (approximately 
50 percent) of the originally planned work. Additionally, the work at 
Portal Island No. 1 is nearly complete, with an estimated 11 days of 
work remaining. This significantly reduces the likelihood of three 
drills operating concurrently for the duration of the Renewal period, 
thus reducing the number of days where the largest impact zones would 
be present. The potential effects of CTJV's activities are limited to 
Level A and Level B harassment in the form of auditory injury and 
behavioral disturbance. In analyzing the effects of the activities in 
the initial IHA, NMFS determined that CTJV's activities would have a 
negligible impact on the affected species or stocks and that the 
authorized take numbers of each species or stock were small relative to 
the relevant stocks (e.g., less than one-third of the abundance of all 
stocks). The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA.
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. Based on the information and analysis 
contained here and in the referenced documents, NMFS has determined the 
following: (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) CTJV'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.

Endangered Species Act

    Section 7(a)(2) of the 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. To ensure ESA 
compliance for the issuance of IHAs, NMFS consults internally whenever 
we propose to authorize take for endangered or threatened species.
    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to CTJV for conducting pile driving activities at 
the Thimble Shoal Tunnel in Virginia Beach, Virginia between 16 
November 2022 and 15 November 2023, provided the previously described 
mitigation, monitoring, and reporting requirements are incorporated. A 
draft of the proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the 
proposed renewal IHA, and any other aspect of this notice. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: October 13, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-22620 Filed 10-17-22; 8:45 am]
BILLING CODE 3510-22-P