[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67261-67262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26418]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XR073]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Portsmouth Naval Shipyard Dry Dock
1 Modification and Expansion
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. The
initial IHA authorized take of five species of marine mammals, by Level
A and Level B harassment, incidental to construction associated with
the Portsmouth Naval Shipyard Dry Dock 1 modification and expansion in
Kittery, Maine. The project has been delayed and none of the work
covered in the initial IHA has been conducted. The initial IHA was
effective from October 1, 2019, through September 30, 2020. The Navy
has requested re-issuance with new effective dates of March 1, 2020,
through February 28, 2021. The scope of the activities and anticipated
effects remain the same, authorized take numbers are not changed, and
the required mitigation, monitoring, and reporting remains the same as
included in the initial IHA. 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 March 1, 2020, through
February 28, 2021.
ADDRESSES: An electronic copy of the final 2019 IHA previously issued
to the Navy, the Navy's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-dry-dock-expansion-project-portsmouth-naval-shipyard. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, 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 May 28, 2019, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the Portsmouth
Naval Shipyard Dry Dock 1 modification and expansion project (84 FR
24476). The effective dates of that IHA were October 1, 2019, through
September 30, 2020. On September 30, 2019, the Navy informed NMFS that
the project was delayed. None of the work identified in the initial IHA
(e.g., pile driving and removal) has occurred. The Navy submitted a
request for a new identical IHA that would be effective from March 1,
2020 through February 28, 2021, in order to conduct the construction
work that was analyzed and authorized through the previously issued
IHA. Therefore, re-issuance of the 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.
The purpose of the Navy's construction project is to modernize and
maximize dry dock capabilities for performing current and future
missions efficiently and with maximum flexibility. The need for the
proposed action is to modify and expand Dry Dock 1 at the Portsmouth
Naval Shipyard by constructing two new dry docking positions capable of
servicing Virginia class submarines within the super flood basin of the
dry dock. The location, timing, and nature of the activities, including
the types of equipment planned for use, are within scope of those
described in the initial IHA. The mitigation and monitoring are also as
prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include harbor porpoise (Phocoena phocoena), harbor seal (Phoca
vitulina), gray seal (Halichoerus grypus), hooded seal (Cystophora
cristata), and harp seal
[[Page 67262]]
(Pagophilus groenlandicus). 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 data inputs and methods of estimating take are identical to
those used in the initial IHA. NMFS has reviewed recent 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 initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2019 IHA for the Navy's construction work (84 FR 24476), the
Navy's application, the Federal Register notice of the proposed IHA (84
FR 13252), and all associated references and documents.
Determinations
The Navy will conduct activities as analyzed in the initial 2019
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 initial IHA and no new information has emerged
that would change those findings. The re-issued 2020 IHA includes
identical required mitigation, monitoring, and reporting measures as
the initial 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 specified activity from March 1, 2020,
through February 28, 2021. All previously described mitigation,
monitoring, and reporting requirements from the initial 2019 IHA are
incorporated.
Dated: December 3, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-26418 Filed 12-6-19; 8:45 am]
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