[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48914-48915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20008]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF591
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Construction at Naval Weapons Station Seal
Beach, California
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.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take small numbers of marine mammals incidental to
conducting construction activities related to construction of an
ammunition pier and turning basin at Naval Weapons Station Seal Beach,
California, over the course of five years from the date of issuance.
Pursuant to regulations implementing the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt of the Navy's request for the
development and implementation of regulations governing the incidental
taking of marine mammals. NMFS invites the public to provide
information, suggestions, and comments on the Navy's application and
request.
DATES: Comments and information must be received no later than October
17, 2019.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted to the internet at
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities without change. All
personal identifying information (e.g., name, address) 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: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: 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 above.
SUPPLEMENTARY INFORMATION:
Background
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 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.
[[Page 48915]]
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 10, 2019, NMFS received an adequate and complete
application from the Navy requesting authorization for take of marine
mammals incidental to construction activities related to construction
of an ammunition pier and turning basin at Naval Weapons Station Seal
Beach, California. The requested regulations would be valid for five
years, from 2020 through 2025. The Navy plans to conduct necessary
work, including impact and vibratory pile driving, to demolish the old
pier and construct a new one. The proposed action may incidentally
expose marine mammals occurring in the vicinity to elevated levels of
underwater sound, thereby resulting in incidental take, by Level B
harassment only. Therefore, the Navy requests authorization to
incidentally take marine mammals.
Specified Activities
Naval Weapons Station Seal Beach was commissioned in 1944 as a
Naval Ammunition and Net Depot, and the existing wharf was rebuilt in
1953. This facility is the Navy's primary weapons station on the U.S.
West Coast. The existing wharf is past its design life, not in
compliance with modern earthquake codes, and presents safety and
security concerns due to the proximity of naval munitions operations to
civilian small boat traffic and the Pacific Coast Highway. Therefore,
replacement of the wharf is planned, and is expected to require removal
of approximately 100 piles and installation via impact hammer of
approximately 900 new concrete piles. The work is expected to require
approximately 474 days over the 5-year period. Bottlenose dolphins,
harbor seals, California sea lions, and common dolphins have been
observed in the area.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Navy, if appropriate.
Dated: September 11, 2019.
Catherine G. Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2019-20008 Filed 9-16-19; 8:45 am]
BILLING CODE 3510-22-P