Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Marine Structure Maintenance and Pile Replacement in Washington, 44111 [2023-14529]
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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
scup Gear Restricted Areas (GRAs),
which impact longfin squid fishing, may
be discussed if related analyses have
been completed. Public comments will
also be taken.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to
Shelley Spedden, (302) 526–5251, at
least 5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 6, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–14627 Filed 7–10–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD135]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine
Structure Maintenance and Pile
Replacement in Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letters of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that two Letters of
Authorization (LOA) have been issued
to the U.S. Navy (Navy) for the take of
marine mammals incidental to
maintenance construction activities at
facilities in Washington.
DATES: The LOAs are effective from July
16, 2023, through January 15, 2024, and
from July 16, 2023, through February 15,
2024.
ADDRESSES: The LOAs and supporting
documentation are available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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17:25 Jul 10, 2023
Jkt 259001
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
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 April 17, 2019, we issued a final
rule upon request from the Navy for
authorization to take marine mammals
incidental to maintenance construction
activities at six facilities in Washington
(84 FR 15963). The Navy plans to
conduct construction necessary for
maintenance of existing in-water
structures at the following facilities:
Naval Base Kitsap (NBK) Bangor, NBK
Bremerton, NBK Keyport, NBK
Manchester, Zelatched Point, and Naval
Station Everett (NS Everett). These
repairs include use of impact and
vibratory pile driving, including
installation and removal of steel,
concrete, plastic, and timber piles. The
use of both vibratory and impact pile
driving is expected to produce
PO 00000
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Fmt 4703
Sfmt 9990
44111
underwater sound at levels that have the
potential to result in harassment of
marine mammals.
For the 2023–2024 in-water work
season, the Navy requested issuance of
LOAs for work planned at NBK
Bremerton and NBK Bangor. The Navy
submitted site-specific monitoring
plans. Following NMFS review and
approval of the required plans, we have
issued the requested LOAs. The
approved plans are available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navymarine-structure-maintenance-and-pilereplacement-wa.
Authorization
We have issued two LOAs to the Navy
authorizing the take of marine mammals
incidental to maintenance construction
activities, as described above. Take of
marine mammals will be minimized
through the implementation of the
following planned mitigation measures:
(1) required monitoring of the
construction areas to detect the presence
of marine mammals before beginning
construction activities; (2) shutdown of
construction activities under certain
circumstances to avoid injury of marine
mammals; and (3) soft start for impact
pile driving to allow marine mammals
the opportunity to leave the area prior
to beginning impact pile driving at full
power. Additionally, the rule includes
an adaptive management component
that allows for timely modification of
mitigation or monitoring measures
based on new information, when
appropriate. The Navy will submit
reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under these LOAs will have a negligible
impact on marine mammal stocks and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stock for subsistence
uses.
Dated: July 5, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–14529 Filed 7–10–23; 8:45 am]
BILLING CODE 3510–22–P
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11JYN1
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[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Page 44111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14529]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD135]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Marine Structure Maintenance and Pile
Replacement in Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that two Letters of Authorization (LOA) have been issued to the U.S.
Navy (Navy) for the take of marine mammals incidental to maintenance
construction activities at facilities in Washington.
DATES: The LOAs are effective from July 16, 2023, through January 15,
2024, and from July 16, 2023, through February 15, 2024.
ADDRESSES: The LOAs and supporting documentation are available online
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
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 to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
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 April 17, 2019, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to maintenance
construction activities at six facilities in Washington (84 FR 15963).
The Navy plans to conduct construction necessary for maintenance of
existing in-water structures at the following facilities: Naval Base
Kitsap (NBK) Bangor, NBK Bremerton, NBK Keyport, NBK Manchester,
Zelatched Point, and Naval Station Everett (NS Everett). These repairs
include use of impact and vibratory pile driving, including
installation and removal of steel, concrete, plastic, and timber piles.
The use of both vibratory and impact pile driving is expected to
produce underwater sound at levels that have the potential to result in
harassment of marine mammals.
For the 2023-2024 in-water work season, the Navy requested issuance
of LOAs for work planned at NBK Bremerton and NBK Bangor. The Navy
submitted site-specific monitoring plans. Following NMFS review and
approval of the required plans, we have issued the requested LOAs. The
approved plans are available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.
Authorization
We have issued two LOAs to the Navy authorizing the take of marine
mammals incidental to maintenance construction activities, as described
above. Take of marine mammals will be minimized through the
implementation of the following planned mitigation measures: (1)
required monitoring of the construction areas to detect the presence of
marine mammals before beginning construction activities; (2) shutdown
of construction activities under certain circumstances to avoid injury
of marine mammals; and (3) soft start for impact pile driving to allow
marine mammals the opportunity to leave the area prior to beginning
impact pile driving at full power. Additionally, the rule includes an
adaptive management component that allows for timely modification of
mitigation or monitoring measures based on new information, when
appropriate. The Navy will submit reports as required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under these LOAs
will have a negligible impact on marine mammal stocks and will not have
an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses.
Dated: July 5, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-14529 Filed 7-10-23; 8:45 am]
BILLING CODE 3510-22-P
