[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31844-31845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14213]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR006


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Service Pier Extension Project 
on Naval Base Kitsap Bangor, Washington

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

ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from the United States Navy for 
the re-issuance of a previously issued incidental harassment 
authorization (IHA) with the only change being effective dates that are 
one year later (July 16, 2020--July 15 2021). The initial IHA 
authorized take of five species of marine mammals, by Level A and Level 
B harassment, incidental to construction associated with the Service 
Pier Extension project (SPE) at Naval Base Kitsap Bangor, Washington. 
The project has been delayed and none of the work covered in the 
initial IHA issued in 2018 will be initiated under the effective dates 
of that IHA (July 16, 2019 through July 15, 2020). The scope of the 
activities and anticipated effects remain the same, authorized take 
numbers would not change, and the required mitigation, monitoring, and 
reporting would remain the same as authorized in the 2018 IHA 
referenced above. NMFS is, therefore, issuing a second IHA to cover the 
incidental take analyzed and authorized in the initial IHA.

DATES: This authorization is effective from July 16, 2020 to July 15, 
2021.

ADDRESSES: An electronic copy of the final 2018 IHA previously issued 
to the Navy, the Navy's application, and the Federal Register notices 
proposing and issuing the 2018 IHA may be obtained by visiting https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems 
accessing these documents, please call the contact listed below (see 
FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Rob Pauline, 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 28, 2018, NMFS published final notice of our issuance of an 
IHA authorizing take of marine mammals incidental to the SPE project at 
Naval Base Kitsap Bangor (83 FR 30406). The effective dates of that IHA 
were July 16, 2019 through July 15, 2020. On February 4, 2019, the Navy 
informed NMFS that the project was being delayed by one year. None of 
the work identified in the IHA (i.e., pile driving and removal) has 
occurred and no take of any marine mammals has occurred since the 
effective date of the initial IHA is July 16, 2019. The Navy submitted 
a formal request for a new identical IHA that would be effective from 
July 16, 2020 through July 15, 2021, in order to conduct the 
construction and demolition work that was analyzed and authorized 
through the previously issued IHA. Therefore, an 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.
    Planned activities include extending the service pier to provide 
additional berthing capacity and improving associated facilities for 
existing homeported and visiting submarines at Naval Base Kitsap 
Bangor. Specifically, the location, timing, and nature of the 
activities, including the types of equipment planned for use, are 
identical to those described in the original IHA. The mitigation and 
monitoring are also identical to the original IHA and will include 
limiting construction to an in-water work window (July 16-January 15), 
limiting construction to daylight hours only, using bubble curtains 
during impact driving of steel piles, using soft-start during impact 
pile driving, and monitoring and reporting of qualified protected 
species observes (PSOs).
    Species that are expected to be taken by the planned activity 
include killer whale (Orcinus orca), harbor porpoise (Phocoena phocoena 
vomerina), harbor seal (Phoca vitulina), California sea lion (Zalophus 
californianus), and Steller sea lion (Eumetopias jubatus monteriensis). 
The 2018 IHA authorized, by Level B harassment, 48 killer whale takes, 
2,728 harbor porpoise takes, 503 Steller sea lion takes, 7,816 
California sea lion takes and 5,600 harbor seal takes. NMFS also

[[Page 31845]]

authorized 125 takes of harbor seal by Level A harassment. A 
description of the methods and inputs used to estimate take anticipated 
to occur and, ultimately, the take that was authorized is found in the 
previous documents referenced above. The methods of estimating take are 
identical to those used in the previous IHA, as is the density of 
marine mammals. NMFS has reviewed recent draft Stock Assessment 
Reports, information on relevant Unusual Mortality Events, and recent 
scientific literature, and determined that no new information affects 
our original analysis of impacts or take estimate under the original 
IHA and, in fact, the abundance estimates reported in the draft SARs 
did not change for any of the species for which take is authorized in 
this authorization.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 2018 
IHA for the Navy's construction work (83 FR 30406), the Navy's 
application, the Federal Register notice of the proposed IHA (83 FR 
10689), and all associated references and documents.

Determinations

    The Navy will conduct activities identical to those analyzed in the 
previous 2018 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 2018 IHA and no new information has 
emerged that would change those findings. The re-issued 2019 IHA 
includes identical required mitigation, monitoring, and reporting 
measures as the 2018 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 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 implicated by this action.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action with respect to environmental 
consequences on the human environment.
    Accordingly, NMFS has determined that the issuance of the IHA 
qualifies to be categorically excluded from further NEPA review. This 
action is consistent with categories of activities identified in CE B4 
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.

Endangered Species Act (ESA)

    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.
    However, no incidental take of ESA-listed species is authorized or 
expected to result from this activity. Therefore, NMFS has 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 SPE project from July 16, 2020 through 
July 15, 2021. All previously described mitigation, monitoring, and 
reporting requirements from the 2018 IHA are incorporated.

    Dated: June 26, 2019.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2019-14213 Filed 7-2-19; 8:45 am]
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