Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to the Replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia, 20133-20138 [2023-07026]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20133-20138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07026]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC878]


Takes of Marine Mammals Incidental To Specified Activities; 
Taking Marine Mammals Incidental to the Replacement of Pier 3 at Naval 
Station Norfolk in Norfolk, Virginia

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

ACTION: Notice; issuance of renewal incidental harassment authorization 
(IHA).

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued a renewal IHA to the U.S. Navy to harass marine 
mammals incidental to construction activities associated with the 
replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia.

DATES: This renewal IHA is effective from April 1, 2023 through March 
21, 2024.

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. 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

[[Page 20134]]

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 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.

History of Request

    On March 15, 2022, NMFS issued an IHA to the United States Navy 
(Navy) to take marine mammals incidental to the replacement of Pier 3 
at Naval Station Norfolk in Norfolk, Virginia (87 FR 15945), effective 
from April 1, 2022 through March 31, 2023. On July 29, 2022, NMFS 
received a request from the Navy for a modification to the Pier 3 
replacement project IHA due to a change in the construction 
contractor's plan to include concurrent pile driving and drilling 
activities, and a modified IHA was issued to the Navy on January 18, 
2023 (88 FR 2880). Hereafter, any references to the initial IHA (as 
modified) refer to the modified IHA issued on January 18, 2023, while 
the 2022 IHA will be referred to as the 2022 initial IHA. On February 
23, 2023, NMFS received a request for the renewal of the initial IHA 
(as modified). After discussion with the Navy, NMFS received a final 
revised request to renew the initial IHA (as modified) on March 7, 
2023. As described in that request, the activities for which incidental 
take is authorized consist of a subset of the identical activities 
covered in the initial authorization (as modified). As required, the 
applicant also provided a preliminary monitoring report (available at 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia) 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. There are no changes from the proposed 
authorization to the final authorization.

Description of the Specified Activities and Anticipated Impacts

    The Navy is replacing Pier 3 at Naval Station (NAVSTA) Norfolk in 
Norfolk, VA. The existing Pier 3 is being demolished and a new Pier 3 
will be constructed immediately north of the existing location (see 
Figure 1 in the Federal Register notice for the proposed 2022 initial 
IHA; 87 FR 3976, January 26, 2022). Work at Pier 4, Pier 3T, and the 
bulkheads associated with Pier 3 and 3T is necessary to support the 
Pier 3 replacement. Pier 3 has been in a deteriorated state and does 
not provide minimum operation requirements for NAVSTA Norfolk. In-water 
work associated with Pier 4, including timber pile removal and concrete 
pile installation, has been completed under the 2022 initial IHA. In 
addition, concrete pile removal at Pier 3T will be completed by the 
expiration of the initial IHA. However, in-water work associated with 
construction of the CEP-176 and CEP-175 bulkheads, the CEP-102 bulkhead 
and relieving platform, and the new Pier 3, as well as installation of 
piles necessary for Pier 3T, will not be completed by the expiration 
date of the initial IHA (as modified). During the renewal period, the 
activities that will occur are the same as previously analyzed under 
the initial IHA (as modified). These activities include the 
installation of 42-inch (1.07 meters (m)) steel pipe piles, 28-inch 
(0.71 m) steel sheet piles, 13-inch (0.33 m) polymeric piles, and 24-
inch (0.61 m) precast concrete piles. Pre-drilling may be used to set 
the piles to depth. The remaining in-water construction associated with 
these activities is planned to occur from April 1, 2023 through June 
30, 2023.

[[Page 20135]]

    Under the 2022 initial IHA, Level A and Level B harassment 
resulting from pile driving and drilling activities was authorized for 
harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), and 
harbor porpoises (Phocoena phocoena). Level B harassment only resulting 
from pile driving and drilling activities was authorized for bottlenose 
dolphins (Tursiops truncatus) and humpback whales (Megaptera 
novaeangliae). Neither the Navy nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, a renewal IHA is 
appropriate.
    The following documents are referenced in this notification and 
include important supporting information:
     2023 final initial IHA (as modified) (88 FR 2880, January 
18, 2023);
     2023 proposed initial IHA (as modified) (87 FR 75600, 
December 9, 2022);
     2022 final initial IHA (87 FR 15945, March 21, 2022); and
     2022 proposed initial IHA (87 FR 3976, January 26, 2022).
    The 2022 initial IHA application, IHA modification request, 2022 
initial IHA, initial IHA (as modified), and references are available at 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia.

Detailed Description of the Activity

    A detailed description of the construction activities may be found 
in the Federal Register notice associated with the issuance of the 2022 
initial IHA (87 FR 3976, January 26, 2022). A description of the 
concurrent pile driving activities associated with the initial IHA (as 
modified) may be found in the Federal Register notice of issuance of 
the initial IHA (as modified) (88 FR 2880, January 18, 2023). The 
location, timing, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
previous notices.
    At the time of the renewal request, the following individual 
activities have been completed for the following structures:
 Pier 4
    [ssquf] Vibratory removal of 36 14-inch timber piles; and
    [ssquf] Pre-drilling and impact installation of 36 24-inch precast 
concrete square piles.
 Pier 3T
    [ssquf] Vibratory removal of 87 14-inch timber piles; and
    [ssquf] Vibratory removal of 196 18-inch precast concrete square 
piles.
    At the time of the renewal request, the following concurrent 
activities have been completed for the following structures:
 Pier 3T and Pier 4
    [ssquf] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and impact installation of 24-inch concrete piles; and
    [ssquf] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and rotary drill of 24-inch concrete piles, with 90 concrete 
piles remaining as noted about for Pier 3T.
 Pier 3T and Pier 3
    [ssquf] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and impact installation of 24-inch concrete piles, with four 
concrete piles remaining to be installed.
    A detailed description of the planned in-water individual 
activities and concurrent activities is provided in the Federal 
Register notice for the proposed renewal IHA (88 FR 15675, March 14, 
2023). Since that time, no changes have been made to the planned in-
water construction activities. Therefore, a detailed description is not 
provided here. Please refer to that Federal Register notice for the 
description of the specific activities.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which take is authorized, including information on abundance, 
status, distribution, and hearing, may be found in the notice of the 
proposed IHA for the initial authorization (87 FR 3976, January 26, 
2022). NMFS has reviewed the monitoring data from the initial IHA (as 
modified), 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 
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 2022 initial IHA. The only changes indicated in the draft 2022 SARs 
are that the Potential Biological Removal value for the gray seal 
Western North Atlantic stock increased from 1,389 to 1,458, annual 
mortality and serious injury of the harbor porpoise Gulf of Maine/Bay 
of Fundy stock decreased from 217 to 164, and humpback whale Gulf of 
Maine stock is no longer considered a strategic stock.

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 take is 
authorized may be found in the notices of the proposed IHA for the 2022 
initial authorization. NMFS has reviewed the monitoring data from the 
initial IHA (as modified), 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 individual activity are found in the notices of 
the proposed and final IHAs for the initial authorization (87 FR 3976, 
January 26, 2022; 87 FR 15945, March 21, 2022) and for the specified 
concurrent activities, in the notices of the proposed and final initial 
IHAs (as modified) (87 FR 75600, December 9, 2022; 88 FR 2880, January 
18, 2023). Activities authorized under the renewal IHA are subject to 
the same sound propagation boundaries as those analyzed for the 2022 
initial IHA and initial IHA (as modified). The analysis of sound source 
level and sound pressure level (SPL) propagation provided in the 2022 
initial IHA and initial IHA (as modified) remain applicable to the 
activities covered in this renewal IHA. Marine mammal density/
occurrence data applicable to this authorization remain unchanged from 
the 2022 initial IHA.
    Similarly, the stocks taken, methods of take, and types of take 
remain unchanged from the previously issued initial IHA. The take 
calculation method also remains the same, with the exception of fewer 
days of activity than what was described in the initial IHA. The 
approximate total number of operational days for this renewal IHA is 90 
days as compared to the 280 days required for the project under the 
initial IHA. The number of takes authorized through the renewal IHA are 
indicated below in Table 1.
    The total take number for bottlenose dolphins was estimated using 
inshore seasonal densities provided in Engelhaupt et al. (2016) from 
vessel line-transect surveys near NAVSTA Norfolk and adjacent areas 
near Virginia

[[Page 20136]]

Beach, Virginia from August 2012 through August 2015. This density 
includes sightings inshore of the Chesapeake Bay from NAVSTA Norfolk 
west to the Thimble Shoals Bridge, and is the most representative 
density for the project area. NMFS multiplied the density of 1.38 
dolphins per square kilometer by the Level B harassment zone area for 
each activity for the project, and then by the number of days 
associated with that activity (see Table 1). The Level B harassment 
zones increased as a result of concurrent pile driving activities; 
therefore, calculated Level B harassment exposure estimates also 
increased as a result. As described in the notice of the initial 
proposed and issued IHA, there is insufficient information on relative 
abundance to apportion the takes precisely to each of the three stocks 
in the area. Therefore, the same approach as used in previous projects 
(e.g., Hampton Roads Bridge Tunnel project (86 FR 17458, April 2, 
2021), and the U.S. Navy Norfolk Maintenance Rule (86 FR 24340, May 6, 
2021)) was used to estimate the appointment of takes to each of the 
three bottlenose dolphin stocks that may be present in the area. Given 
that most of the Northern North Carolina Estuarine Stock (NNCES) are 
found in the Pamlico Sound Estuary, over 160 kilometers from Norfolk, 
we conservatively estimated that no more than 200 of the authorized 
takes will be from this stock. Since members of the northern migratory 
coastal and southern migratory coastal stocks are thought to occur in 
or near the Bay in greater numbers, we conservatively assume that no 
more than half of the remaining takes will accrue to either of these 
stocks. Additionally, a subset of these takes would likely be comprised 
of the Chesapeake Bay resident dolphins, although the size of that 
population is unknown.
    Based upon the methodology for estimating take for the initial IHA 
(as modified) (88 FR 2880, January 18, 2023), the Navy calculated 
potential exposure to Level A harassment for gray seals by assuming 20 
percent of potential take events would be by Level A harassment. As 
only one take is estimated to occur under the renewal IHA, we assume 
that individual take will be by Level B harassment only. Therefore, the 
Navy did not request, and NMFS has not authorized, take by Level A 
harassment for gray seals.
    The total taking by Level B harassment of all species is predicted 
to be the same or lower with concurrent activity scenarios due to a 
lower number of construction days for concurrent activities; therefore, 
the authorized take from individual activities represents the most 
conservative take estimate.

                                            Table 1--Authorized Take and Percent of Stock Authorized for Take
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                                                                               Individual activities           Concurrent activities
                  Species                               Stock            ----------------------------------------------------------------   Percent of
                                                                              Level A         Level B         Level A         Level B        stock \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bottlenose dolphin........................  Western North Atlantic                     0           1,281               0             486        \2\ 19.3
                                             Coastal, Northern Migratory.
                                            Western North Atlantic                     0           1,280               0             485        \2\ 34.1
                                             Coastal, Southern Migratory.
                                            Northern North Carolina                    0             200               0             200        \2\ 24.3
                                             Estuarine.
Harbor seal...............................  Western North Atlantic......              57             759              53             478            1.33
Gray seal.................................  Western North Atlantic......               0               1               0               1           0.004
Harbor porpoise...........................  Gulf of Maine/Bay of Fundy..               2               2               0               2           0.004
Humpback whale............................  Gulf of Maine...............               0               4               0               2            0.29
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\1\ Percent of stock calculation based upon the largest take calculation from either individual or concurrent activities.
\2\ Assumes multiple repeated takes of same individuals from a portion of each stock representing small numbers.

Description of Mitigation, Monitoring, and Reporting Measures

    The mitigation, monitoring, and reporting measures included as 
requirements in this authorization are identical to those included in 
the FR notice announcing the issuance of the 2022 initial IHA (87 FR 
15945, March 21, 2022) for individual activities and the FR notice 
announcing the issuance of the initial IHA (as modified) (88 FR 2880, 
January 18, 2023) for concurrent activities, and the discussion of the 
least practicable adverse impact included in that document remains 
accurate. The same measures are included for this renewal and are 
summarized here:
     The Navy must implement shutdown zones for all pile 
driving and removal and drilling activities. Shutdown zones would vary 
based upon the activity type and marine mammal hearing group, as shown 
in Table 2 for individual activities and Table 3 for concurrent 
activities. The Navy must shut down if any marine mammals come within 
hearing group-specific shutdown zones;
     The Navy must implement impact pile driving soft-starts at 
the beginning of each day's impact pile driving and at any time 
following cessation of impact pile driving for a period of 30 minutes 
or more. To implement soft-start, contractors will be required to 
provide an initial set of three strikes from the hammer at reduced 
energy, followed by a 30-second waiting period, then two subsequent 
reduced energy strike sets;
     Protected Species Observers (PSOs) must monitor the 
entirety of all shutdown zones as well as Level B harassment zones to 
the extent practicable during all pile driving and removal and drilling 
activities. Monitoring must be conducted by a minimum of two PSOs for 
impact driving, and a minimum of three PSOs for vibratory and drilling 
activities;
     Pre-activity monitoring must begin prior to the start of 
daily in-water construction activities or whenever a break in pile 
driving/removal of 30 minutes or longer occurs. Pre-activity and post-
activity monitoring must take place for a period of 30 minutes prior to 
beginning construction activities and after construction activities are 
complete for the day;
     Acoustic monitoring shall include two underwater positions 
as well as be conducted in accordance with NMFS guidance for 10 percent 
of each type of activity that has not previously been monitored at 
NAVSTA Norfolk (see Table 4);
     The Navy must submit draft marine mammal and acoustic 
monitoring reports to NMFS within 90 days after the completion of pile 
driving and removal and drilling activities under the renewal IHA;
     The Navy must prepare and submit final monitoring reports 
within 30 days following resolution of comments on the draft reports 
from NMFS;

[[Page 20137]]

     The Navy must submit all PSO datasheets and/or raw 
sighting data (in a separate file from the Final Report referenced 
immediately above); and
     The Navy must report injured or dead marine mammals.

                  Table 2--Shutdown and Harassment Zones for Individual Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                             Minimum shutdown zone (m)
                                                 ------------------------------------------------   Harassment
           Pile size, type, and method                                               All other     zone (m) \1\
                                                  Humpback whale     Porpoises        species
----------------------------------------------------------------------------------------------------------------
Impact Driving, 42-inch Steel Pipe Pile.........           1,005             500             200            1000
Vibratory Driving, 42-inch Steel Pipe Pile......              50             120              50          15,850
Impact Driving, 28-inch Steel Sheet Piles.......             775             500             200           2,520
Vibratory Driving, 28-inch Steel Sheet Piles....              65              65              65          13,600
Impact Driving, 13-inch Polymeric Piles.........              30              30              30              10
Vibratory Driving, 13-inch Polymeric Piles......              30              30              30           6,310
Impact Driving, 24-inch Concrete Piles..........             160             500             200             120
Vibratory Driving, 24-inch Concrete Piles.......              10              10              10           1,850
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\1\ Rounded to the nearest 10 m.


                  Table 3--Shutdown and Harassment Zones for Concurrent Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                             Minimum shutdown zone (m)
                                                 ------------------------------------------------   Harassment
          Pile sizes, type, and method                                               All other     zone (m) \1\
                                                  Humpback whale     Porpoises        species
----------------------------------------------------------------------------------------------------------------
Vibratory removal 18-inch concrete piles and                 200             200              50          18,480
 vibratory installation 42-inch steel pipe piles
Vibratory removal 18-inch concrete piles and pre-             45              45              30           7,360
 drilling for preparation of 24-in concrete pile
 install........................................
----------------------------------------------------------------------------------------------------------------
\1\ Rounded to the nearest 10 m.


                                    Table 4--Acoustic Monitoring Summary \1\
----------------------------------------------------------------------------------------------------------------
                                                                                                      Number
                   Pile type                         Count          Method of install/removal        monitored
----------------------------------------------------------------------------------------------------------------
13-inch polymeric.............................               9  Vibratory.......................               5
13-inch polymeric.............................               9  Impact..........................               5
13-inch polymeric.............................               9  Drilling........................               5
24-inch concrete..............................              11  Impact..........................              10
42-inch steel pipe............................             103  Impact..........................              10
42-inch steel pipe............................             103  Vibratory.......................              10
28-inch steel sheet...........................             221  Impact..........................              10
28-inch steel sheet...........................             221  Vibratory.......................              10
----------------------------------------------------------------------------------------------------------------
\1\ Acoustic monitoring will be conducted for activities for which measurements are needed.

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to the U.S. Navy 
was published in the Federal Register on March 14, 2023 (88 FR 15675). 
That notice either described, or referenced descriptions of, the U.S. 
Navy's activity, the marine mammal species that may be affected by the 
activity, the anticipated effects on marine mammals and their habitat, 
estimated amount and manner of take, and proposed mitigation, 
monitoring, and reporting measures. NMFS received one comment letter 
from a private citizen that was not relevant to the scope of the 
proposed action. No other comments were received.

Determinations

    The renewal request consists of a subset of activities analyzed 
through the initial IHA and initial IHA (as modified) described above. 
The methods of determining estimated take, potential effects, and 
required mitigation, monitoring, and reporting have not changed.
    NMFS has defined negligible impact 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 (50 CFR 216.103). In 
analyzing the effects of the activities for the initial IHA, NMFS 
determined that the Navy's activities would have a negligible impact on 
the affected species or stocks and that authorized take numbers of each 
species or stock were small relative to the relevant stocks (e.g., less 
than one-third the abundance of all stocks).
    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA (as modified). 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

[[Page 20138]]

the affected stock abundances; (4) the Navy'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 an IHA 
renewal) with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations 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 determined that the issuance of the 
initial IHA qualified to be categorically excluded from further NEPA 
review. NMFS has determined that the application of this categorical 
exclusion remains appropriate for this renewal IHA.

Endangered Species Act

    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. 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 authorized 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.

Renewal

    NMFS has issued a renewal IHA to the Navy for the take of marine 
mammals incidental to pile driving and drilling activities at NAVSTA 
Norfolk in Norfolk, VA, effective through March 31, 2024.

    Dated: March 30, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2023-07026 Filed 3-31-23; 4:15 pm]
BILLING CODE 3510-22-P