[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46565-46566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD330


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to a Breakwater Replacement Project in 
Eastport, Maine

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 Maine Department of 
Transportation (ME DOT) to incidentally harass, by Level B harassment 
only, small numbers of four species of marine mammals during 
construction activities associated with a breakwater replacement 
project in Eastport, Maine. The project has been delayed and the 
effective dates revised accordingly.

DATES: This authorization is now effective from July 20, 2015, through 
July 19, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 2014, NMFS received an application from ME DOT 
requesting an IHA for the take, by Level B harassment, of small numbers 
of harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), 
harbor porpoises (Phocoena phocoena), and Atlantic white-sided dolphins 
(Lagenorhynchus acutus) incidental to in-water construction activities 
in Eastport, Maine. On July 31, 2014, NMFS published a Federal Register 
notice (FR 79 44407) for the proposed IHA, and subsequently published 
final notice of our issuance of the IHA on October 1, 2014 (79 FR 
59247), effective from October 1, 2014, through September 30, 2015. In 
June 2015, ME DOT informed NMFS that no work had occurred relevant to 
the IHA specified activity due to difficulties in developing a passive 
acoustic monitoring plan for sound source verification of test pile 
driving. Accordingly, ME DOT requested that NMFS revise the effective 
date of the IHA to a one-year period beginning on July 20, 2015, to 
accommodate the delayed schedule, with no other changes.

Summary of the Activity

    The proposed Eastport breakwater replacement project will replace 
an open pier that is supported by 151 piles, consisting of steel pipe 
piles, reinforced concrete pile caps, and a pre-stressed plank deck 
with structural overlay. The proposed approach pier will be 40 ft by 
300 ft and the proposed main pier section that would be parallel to the 
shoreline will be 50 ft by 400 ft.
    The replacement pier will consist of two different sections. The 
approach pier will be replaced in kind by placing fill inside of a 
sheet pile enclosure, supported by driven piles. The approach section 
will consist of sheet piles that are driven just outside of the 
existing sheet piles. The sheet piles can

[[Page 46566]]

be installed by use of a vibratory hammer only. The main pier, fender 
system, and wave fence system will be pile supported with piles ranging 
from 16 inch-36 inch diameter pipe piles. These piles will be driven 
with a vibratory hammer to a point and must be seated with an impact 
hammer to ensure stability.
    The vibratory hammer will drive the pile by applying a rapidly 
alternating force to the pile by rotating eccentric weights resulting 
in a downward vibratory force on the pile. The vibratory hammer will be 
attached to the pile head with a clamp. The vertical vibration in the 
pile functions by disturbing or liquefying the soil next to the pile, 
causing the soil particles to lose their frictional grip on the pile. 
The pile moves downward under its own weight, plus the weight of the 
hammer. It takes approximately one to three minutes to drive one pile. 
An impact hammer will be used to ensure the piles are embedded deep 
enough into the substrate to remain stable for the life of the pier. 
The impact hammer works by dropping a mass on top of the pile 
repeatedly to drive it into the substrate. Diesel combustion is used to 
push the mass upwards and allow it to fall onto the pile again to drive 
it.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA, for 
the original 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 ME DOT'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. No substantive changes have occurred in the interim.
    National Environmental Policy Act (NEPA)--In compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
implemented by the regulations published by the Council on 
Environmental Quality (40 CFR parts 1500-1508), and NOAA Administrative 
Order 216-6, NMFS prepared an Environmental Assessment (EA) to consider 
the environmental impacts of issuance of a one-year IHA. A Finding of 
No Significant Impact was signed on September 24, 2014. No substantive 
changes have occurred in the interim.
    Endangered Species Act (ESA)--No species listed under the ESA are 
expected to be affected by these activities. Therefore, NMFS determined 
that a section 7 consultation under the ESA is not required. No 
substantive changes have occurred in the interim.

Summary of the Revision

    Construction activities have been delayed for the project due to 
difficulties in developing a passive acoustic monitoring plan. No in-
water work has occurred, including all aspects of the specified 
activity considered in our issuance of the IHA. The original IHA 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 the IHA by approximately ten months to accommodate the ME 
DOT'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 incidents of 
take authorized are unchanged.
    As a result of the foregoing, we have revised the IHA issued to the 
ME DOT to conduct the specified activities in Eastport, Maine. 
Originally valid for one year, from October 1, 2014, through September 
30, 2015, the IHA now becomes effective on July 20, 2015, and is valid 
for one year, until July 19, 2016.

    Dated: July 29, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-19113 Filed 8-4-15; 8:45 am]
 BILLING CODE 3510-22-P