[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]


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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.

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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