Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New London Pier Extension Project at the Naval Submarine Base, 7663-7665 [2025-01389]
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Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
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 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, regulations are promulgated
(when applicable), and public notice
and an opportunity for public comment
are provided.
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). If such findings are made,
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 as
‘‘mitigation’’); and requirements
pertaining to the monitoring and
reporting of such takings.
NMFS promulgated a final rule in the
Federal Register on February 14, 2024
(89 FR 11342), which governs the
incidental take of marine mammals
incidental to Empire Wind’s
construction of the Project in Federal
and State waters offshore New York,
specifically within the Bureau of Ocean
Energy Management (BOEM)
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS) Lease
Area OCS–A–0512 and along two export
cable routes to sea-to-shore transition
points. The rule became effective on
February 22, 2024, and is valid through
February 21, 2029. The regulations
allow NMFS to approve requests for
modification to the LOA’s specified
activity or the mitigation, monitoring, or
reporting measures if NMFS determines
the requested change does not change
the findings made for promulgation of
the regulations and does not result in
more than a minor change in the total
estimated number of takes (see 50 CFR
217.287(b)).
NMFS issued a LOA to Empire Wind
on February 22, 2024, and published a
notice of issuance in the Federal
Register on February 27, 2023 (89 FR
14442). The LOA authorized Empire
Wind to take, by harassment, marine
mammals incidental to specified
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18:16 Jan 21, 2025
Jkt 265001
construction activities, specifically
impact pile driving of wind turbine
generator and offshore substation jacket
foundations, vibratory pile driving of
cofferdams and goal posts, pneumatic
hammering of casing pipes, and highresolution geophysical vessel-based site
characterization surveys, within the
specified geographical region.
Summary of Request and Analysis
On December 4, 2024, NMFS received
a request from Empire Wind to transfer
the LOA to Empire Leaseholder LLC
(Empire Leaseholder), an affiliate
wholly owned by Empire Wind. To
ensure safety during vessel transit,
Empire Wind requested for NMFS to
modify the LOA safety exemption
language to include a provision for
allowing deviations from the vessel
strike avoidance requirements (LOA
measure 3(b)) so Project vessels could
maintain safe maneuvering speed when
oceanographic, hydrographic, and/or
meteorological conditions restrict vessel
maneuverability. Empire Wind also
requested revisions to the reporting
timeline for bubble curtain performance
and maintenance report for piles for
which abbreviated sound field
verification (SFV) monitoring is
performed. These provisions will be
more practicable and align with the
Project’s Biological Opinion, issued on
September 8, 2023. In addition, Empire
Wind requested for NMFS to allow the
Pile Driving Mitigation and Monitoring
Plan (PDMMP) to specify the number
and location of PAM operators and to
allow the PAM Plan to specify PAM
operator protocols during foundation
pile driving, instead of these
requirements being specified in the
LOA. NMFS determined none of these
changes will affect the amount, the type
of take authorized, or our findings as
described in the final rule. Therefore,
we have modified the attached LOA,
specifically measures 3(b), 3(c)(7)(v),
and 4(c)(2), thus fulfilling Empire
Wind’s request.
In reviewing Empire Wind’s request,
NMFS also recognized the need to
update additional measures to improve
clarity and better align the LOA with the
Biological Opinion. NMFS moved the
safety exemption for foundation pile
driving to the beginning of the
foundation pile driving section (LOA
measure 3 (c)) to clarify that this
measure applies to all foundation pile
driving activities. In addition, NMFS
modified the language for the maximum
hammer energies ((3)(c)(2)) and soft start
requirements ((3)(c)(4)) to provide
additional flexibility for application of
these requirements in the field. NMFS
made minor revisions to the language in
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Fmt 4703
Sfmt 4703
7663
the mitigation and monitoring sections
to improve the clarity of the
requirements. To better align with the
Biological Opinion, NMFS made minor
revisions to the language in the sound
field verification (SFV) monitoring
requirements (LOA measures 3(c)(13)).
NMFS also clarified the Protected
Species Observer (PSO) and PAM
Operator experience qualification
requirements in section 4(a) of the LOA
for foundation installation, cable
landfall construction/marina activities,
and high-resolution geophysical (HRG)
surveys. NMFS’ evaluation of the
requested and necessary additional LOA
modifications indicated that these
modifications would not change the
amount or nature of anticipated impacts
of activities on marine mammals.
Specifically, none of the benefits of any
of the mitigation or monitoring
measures that have been modified here
were considered quantitatively in the
analyses (i.e., only the 10-decibel sound
attenuation and seasonal restrictions
were quantitatively considered such
that take numbers were reduced). In
consideration of the above, NMFS has
determined that these modifications do
not result in changes in the total
estimated take numbers or otherwise
change any of the findings made for the
regulations.
Authorization
NMFS has issued a modified LOA to
Empire Wind authorizing the take, by
harassment, of small numbers of marine
mammals incidental to specified
construction activities associated with
the Project, which includes the
modified mitigation, monitoring, and
reporting measures discussed herein.
Dated: January 16, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–01469 Filed 1–21–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE606]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the New
London Pier Extension Project at the
Naval Submarine Base
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\22JAN1.SGM
22JAN1
7664
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
Notice; issuance of incidental
harassment authorization.
ACTION:
NMFS has received a request
from the U.S. Navy (Navy) for the reissuance of a previously issued
incidental harassment authorization
(IHA) with the only change being
effective dates. The initial IHA
authorized take of six species of marine
mammals, by Level B harassment, and
for take of harbor seals, gray seals, and
harp seals by Level A harassment,
incidental to construction associated
with the New London Pier Extension
Project at the Naval Submarine Base
(SUBASE) New London in Groton,
Connecticut. The project has been
delayed and none of the work covered
in the initial IHA has been conducted.
The scope of the activities and
anticipated effects remain the same,
authorized take numbers are not
changed, and the required mitigation,
monitoring, and reporting remains the
same as included in the initial IHA.
NMFS is, therefore, issuing a second
identical IHA to cover the incidental
take analyzed and authorized in the
initial IHA.
DATES: This IHA is effective from
February 1, 2026, through January 31,
2027.
ADDRESSES: An electronic copy of the
final 2024 IHA previously issued to the
Navy, the Navy’s application, and the
Federal Register notices proposing and
issuing the initial IHA may be obtained
by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-unitedstates-navys-construction-us-navalsubmarine-base-new. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (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.
VerDate Sep<11>2014
18:16 Jan 21, 2025
Jkt 265001
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.
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 June 14, 2024, NMFS published
final notice of our issuance of an IHA
authorizing take of marine mammals
incidental to the New London Pier
Extension Project at Naval the SUBASE
New London in Groton, Connecticut (89
FR 50565). The effective dates of that
IHA were December 1, 2024, through
November 30, 2025. On November 20,
2024, the Navy informed NMFS that the
project was delayed. None of the work
identified in the initial IHA (e.g., pile
driving and removal) has occurred. The
Navy submitted a request that we issue
an identical IHA that would be effective
from February 1, 2026, through January
31, 2027, in order to conduct the
construction work that was analyzed
and authorized through the previously
issued IHA. Therefore, issuance of the
IHA is appropriate.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
and authorized through the previously
issued IHA.
The purpose of this project is to
extend the existing Pier 31 to provide
two berths for a submarine platform that
is approximately 80 ft longer than the
existing submarines. The location,
timing, and nature of the activities,
including the types of equipment
planned for use, are within scope of
those described in the initial IHA. The
mitigation and monitoring are also as
prescribed in the initial IHA.
Species that are expected to be taken
by the planned activity include Atlantic
white-sided dolphin (Lagenorhynchus
acutus), harbor porpoise (Phocoena
phocoena), gray seal (Halichoerus
grypus), harbor seal (Phoca vitulina),
and harp seal (Pagophilus
groenlandicus). A description of the
methods and inputs used to estimate
take anticipated to occur and the take
that was authorized is found in the
Federal Register notice of the proposed
IHA (89 FR 27717, April 18, 2024). The
data inputs and methods of estimating
take are identical to those used in the
initial IHA. NMFS has reviewed recent
Stock Assessment Reports, information
on relevant Unusual Mortality Events,
and recent scientific literature, and
determined that our original analysis of
impacts and take estimate under the
initial IHA remains valid.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2024 IHA for
the Navy’s construction work (89 FR
50565, June 14, 2024), the Navy’s
application, the Federal Register notice
of the proposed IHA (89 FR 27717, April
18, 2024), and all associated references
and documents.
Determinations
The Navy will conduct activities as
analyzed in the initial 2024 IHA. As
described above, the number of
authorized takes of the same species and
stocks of marine mammals are identical
to the numbers that were found to meet
the negligible impact and small
numbers standards and authorized
under the initial IHA and no new
information has emerged that would
change those findings. The new issued
IHA includes identical required
mitigation, monitoring, and reporting
measures as the initial IHA, and there is
no new information suggesting that our
analysis or findings should change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
the required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
E:\FR\FM\22JAN1.SGM
22JAN1
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
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; and (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 potentially
effected by this action.
National Environmental Policy Act
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 National
7665
Environmental Policy Act review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this reissued
IHA.
from February 1, 2026, through January
31, 2027. All previously described
mitigation, monitoring, and reporting
requirements from the initial 2024 IHA
are incorporated.
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 determined that formal
consultation under section 7 of the ESA
is not required for this action.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Authorization
NMFS has issued an IHA to the Navy
for in-water construction activities
associated with the specified activity
[FR Doc. 2025–01389 Filed 1–21–25; 8:45 am]
BILLING CODE 3510–22–P
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lotter on DSK11XQN23PROD with NOTICES1
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Agencies
[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7663-7665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01389]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE606]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the New London Pier Extension
Project at the Naval Submarine Base
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 7664]]
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for the
re-issuance of a previously issued incidental harassment authorization
(IHA) with the only change being effective dates. The initial IHA
authorized take of six species of marine mammals, by Level B
harassment, and for take of harbor seals, gray seals, and harp seals by
Level A harassment, incidental to construction associated with the New
London Pier Extension Project at the Naval Submarine Base (SUBASE) New
London in Groton, Connecticut. The project has been delayed and none of
the work covered in the initial IHA has been conducted. The scope of
the activities and anticipated effects remain the same, authorized take
numbers are not changed, and the required mitigation, monitoring, and
reporting remains the same as included in the initial IHA. NMFS is,
therefore, issuing a second identical IHA to cover the incidental take
analyzed and authorized in the initial IHA.
DATES: This IHA is effective from February 1, 2026, through January 31,
2027.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to the Navy, the Navy's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
https://www.fisheries.noaa.gov/action/incidental-take-authorization-united-states-navys-construction-us-naval-submarine-base-new. In case
of problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 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.
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 June 14, 2024, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the New London
Pier Extension Project at Naval the SUBASE New London in Groton,
Connecticut (89 FR 50565). The effective dates of that IHA were
December 1, 2024, through November 30, 2025. On November 20, 2024, the
Navy informed NMFS that the project was delayed. None of the work
identified in the initial IHA (e.g., pile driving and removal) has
occurred. The Navy submitted a request that we issue an identical IHA
that would be effective from February 1, 2026, through January 31,
2027, in order to conduct the construction work that was analyzed and
authorized through the previously issued IHA. Therefore, issuance of
the IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of this project is to extend the existing Pier 31 to
provide two berths for a submarine platform that is approximately 80 ft
longer than the existing submarines. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are within scope of those described in the initial IHA. The mitigation
and monitoring are also as prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include Atlantic white-sided dolphin (Lagenorhynchus acutus), harbor
porpoise (Phocoena phocoena), gray seal (Halichoerus grypus), harbor
seal (Phoca vitulina), and harp seal (Pagophilus groenlandicus). A
description of the methods and inputs used to estimate take anticipated
to occur and the take that was authorized is found in the Federal
Register notice of the proposed IHA (89 FR 27717, April 18, 2024). The
data inputs and methods of estimating take are identical to those used
in the initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that our original analysis of impacts and
take estimate under the initial IHA remains valid.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2024 IHA for the Navy's construction work (89 FR 50565, June
14, 2024), the Navy's application, the Federal Register notice of the
proposed IHA (89 FR 27717, April 18, 2024), and all associated
references and documents.
Determinations
The Navy will conduct activities as analyzed in the initial 2024
IHA. As described above, the number of authorized takes of the same
species and stocks of marine mammals are identical to the numbers that
were found to meet the negligible impact and small numbers standards
and authorized under the initial IHA and no new information has emerged
that would change those findings. The new issued IHA includes identical
required mitigation, monitoring, and reporting measures as the initial
IHA, and there is no new information suggesting that our analysis or
findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and
[[Page 7665]]
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; and (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 potentially effected by
this action.
National Environmental Policy Act
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
National Environmental Policy Act review. NMFS has determined that the
application of this categorical exclusion remains appropriate for this
reissued 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 determined that formal
consultation under section 7 of the ESA is not required for this
action.
Authorization
NMFS has issued an IHA to the Navy for in-water construction
activities associated with the specified activity from February 1,
2026, through January 31, 2027. All previously described mitigation,
monitoring, and reporting requirements from the initial 2024 IHA are
incorporated.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01389 Filed 1-21-25; 8:45 am]
BILLING CODE 3510-22-P