[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64961-64962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26236]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC69


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Replacement of the Elliott Bay Seawall in Seattle, WA

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the Seattle Department of 
Transportation (SDOT), on behalf of the City of Seattle (City), for 
authorization for the take, by Level B harassment, of marine mammals 
incidental to construction associated with the replacement of the 
Elliott Bay Seawall in Seattle, Washington, for the period September 
2013-September 2018. Pursuant to Marine Mammal Protection Act (MMPA) 
implementing regulations, NMFS is announcing receipt of SDOT's request 
for the development and implementation of 5-year regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on SDOT's application and request.

DATES: Comments and information must be received no later than November 
23, 2012.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. NMFS is not responsible for email 
comments sent to addresses other than the one provided here. Comments 
sent via email, including all attachments, must not exceed a 10-
megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) 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: Michelle Magliocca, Office of 
Protected Resources, NMFS, (301) 427-8400.

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of SDOT's application may be obtained by visiting the 
Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. 
Documents cited in this notice may also be viewed, by appointment, 
during regular business hours, at the aforementioned address.

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.
    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 September 17, 2012, NMFS received a complete application from 
SDOT requesting authorization for the take of nine marine mammal 
species incidental to replacement of the Elliott Bay Seawall in 
Seattle, Washington over the course of 5 years, which would necessitate 
the promulgation of 5-year regulations. The purpose of the proposed 
project is to reduce the risks of coastal storm and seismic damage and 
to protect public safety, critical infrastructure, and associated 
economic activities in the area. Additionally, the project would 
improve the degraded ecosystem functions and processes of the Elliott 
Bay nearshore around the existing seawall. Noise produced during pile 
installation and removal activities has the potential to take marine 
mammals. SDOT requests authorization to take nine marine mammal species 
by Level B harassment only: Pacific harbor seal (Phoca vitulina), 
California sea lion (Zalophus californianus), Steller sea lion 
(Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's 
porpoise (Phocoenoides dalli), both

[[Page 64962]]

southern resident and transient killer whales (Orcinus orca), humpback 
whale (Megaptera novaengliae), and gray whale (Eschrichtius jubatus). 
Injury or mortality is unlikely during the proposed project, and take 
by Level A harassment (including injury) or mortality is not requested 
in SDOT's application.

Specified Activities

    In the application submitted to NMFS, SDOT requests authorization 
to take marine mammals incidental to replacement of the Elliott Bay 
Seawall. Construction activities, namely vibratory and impact pile 
installation and removal, would occur in two phases. Phase 1 involves 
construction of the Central Seawall and Phase 2 involves construction 
of the North Seawall. The entire project is expected to take 7 years, 
but SDOT's request covers the first 5 years. Section 2 of SDOT's 
application describes the activities in detail, as well as the location 
and construction schedule.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning SDOT's request (see ADDRESSES). All information, 
suggestions, and comments related to SDOT's request and NMFS' potential 
development and implementation of regulations governing the incidental 
taking of marine mammals by SDOT's activities will be considered by 
NMFS in developing, if appropriate, the most effective regulations 
governing the issuance of letters of authorization.

    Dated: October 18, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-26236 Filed 10-23-12; 8:45 am]
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