[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Notices]
[Pages 27863-27864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11114]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC762


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to a Wharf Recapitalization Project

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

ACTION: Notice; revision of an incidental harassment authorization.

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SUMMARY: Notice is hereby given that we have revised an incidental 
harassment authorization (IHA) issued to the U.S. Navy (Navy) to 
incidentally harass, by Level B harassment only, two species of marine 
mammals during construction activities associated with a wharf 
recapitalization project at Naval Station Mayport, Florida. The project 
has been delayed and the effective dates revised accordingly.

DATES: This authorization is now effective from September 1, 2014, 
through August 31, 2015.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    On April 4, 2013, we received a request from the Navy for 
authorization of the taking, by Level B harassment only, of marine 
mammals incidental to pile driving in association with the Wharf C-2 
recapitalization project at Naval Station Mayport, Florida (NSM). That 
request was modified on May 9 and June 5, 2013, and a final version, 
which we deemed adequate and complete, was submitted on August 7, 2013. 
We published notice of a proposed IHA and request for comments on 
August 22, 2013 (78 FR 52148), and subsequently published final notice 
of our issuance of the IHA on November 29, 2013 (78 FR 71566). In-water 
work associated with the project was expected to be completed within 
the one-year timeframe of the IHA (effective dates originally December 
1, 2013 through November 30, 2014). Two species of marine mammal are 
expected to be affected by the specified activities: Bottlenose dolphin 
(Tursiops truncatus truncatus) and Atlantic spotted dolphin (Stenella 
frontalis). These species may occur year-round in the action area.

Summary of the Activity

    Wharf C-2 is a single level, general purpose berthing wharf 
constructed in 1960. The wharf is one of NSM's two primary deep-draft 
berths and is one of the primary ordnance handling wharfs. The wharf is 
a diaphragm steel sheet pile cell structure with a concrete apron, 
partial concrete encasement of the piling and an asphalt paved deck. 
The wharf is currently in poor condition due to advanced deterioration 
of the steel sheeting and lack of corrosion protection, and this 
structural deterioration has resulted in the institution of load 
restrictions within 60 ft of the wharf face. The purpose of this 
project is to complete necessary repairs to Wharf C-2.
    Effects to marine mammals from the specified activity are expected 
to result from underwater sound produced by vibratory and impact pile 
driving. In order to assess project impacts, the Navy used thresholds 
recommended by NMFS. The Navy assumed practical spreading loss and used 
empirically-measured source levels from representative pile driving 
events to estimate potential marine mammal exposures. The calculations 
predict that only Level B harassment would occur associated with pile 
driving activities, and required mitigation measures further ensure 
that no more than Level B harassment would occur.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA in 
order to issue an IHA, we determined that (1) the required mitigation 
measures are sufficient to reduce the effects of the specified 
activities to the level of least practicable impact; (2) the authorized 
takes will have a negligible impact on the affected marine mammal 
species; (3) the authorized takes represent small numbers 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 implicated by 
this action.
    National Environmental Policy Act (NEPA)--The Navy prepared an 
Environmental Assessment analyzing the project. We reviewed the EA and 
the public comments received and determined that it was appropriate to 
adopt the document in order to assess the impacts to the human 
environment of issuance of an IHA to the Navy. We signed a Finding of 
No Significant Impact on November 20, 2013.
    Endangered Species Act (ESA)--There are no ESA-listed marine 
mammals expected to occur in the action area. Therefore, the Navy did 
not request authorization of the incidental take of ESA-listed species 
and no such authorization was issued; therefore, no consultation under 
the ESA was required.

Summary of the Revision

    Construction activities have been delayed for the project due to 
difficulties in obtaining the necessary construction materials. No in-
water work has occurred, including all aspects of the specified 
activity considered in our issuance of the IHA. The IHA, as issued, is 
a one-year IHA with no consideration of seasonality in timing any 
component of the specified activity. Therefore, shifting the effective 
dates of

[[Page 27864]]

the IHA to accommodate the Navy's delayed schedule for this project has 
no effect on our analysis of project impacts and does not affect our 
findings. No new information is available that would substantively 
affect our analyses under the MMPA, NEPA, or ESA. All mitigation, 
monitoring, and reporting measures described in our notice of issuance 
of the IHA remain in effect. The species for which take was authorized 
and the numbers of incidences of take authorized are unchanged.
    As a result of the foregoing, we have revised the IHA issued to the 
Navy to conduct the specified activities in Naval Station Mayport, FL. 
Originally valid for one year, from December 1, 2013, through November 
30, 2014, the IHA now becomes effective on September 1, 2014, and is 
valid for one year, until August 31, 2015.

    Dated: May 7, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-11114 Filed 5-14-14; 8:45 am]
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