[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB764]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to U.S. Navy Construction at Naval 
Station Newport, Rhode Island

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

ACTION: Notice of issuance of letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Navy 
(Navy) for the take of marine mammals incidental to construction 
activities at Naval Station Newport, in Newport, Rhode Island.

DATES: LOA effective from May 15, 2022 through May 14, 2027.

ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island. 
In case of problems accessing these documents, please call the contact 
listed below (see FOR FURTHER INFORMATION CONTACT).

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

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 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.
    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 December 15, 2021, we issued a final rule upon request from the 
Navy for authorization to take marine mammals incidental to 
construction activities (86 FR 71162). The Navy plans to conduct 
construction activities for bulkhead replacement and repairs at Naval 
Station Newport. This construction will include use of vibratory pile 
driving and removal, and impact pile driving. The use of both vibratory 
and impact pile driving is expected to produce underwater sound at 
levels that have the potential to result in Level A and Level B 
harassment of marine mammals.

Authorization

    We have issued a LOA to Navy authorizing the take of marine mammals 
incidental to construction activities, as described above. Take of 
marine mammals will be minimized through the implementation of the 
following planned mitigation measures: (1) Required monitoring of the 
construction area to detect the presence of marine mammals before 
beginning construction activities; (2) shutdown of construction 
activities under certain circumstances to avoid injury of marine 
mammals; and (3) soft start for impact pile driving to allow marine 
mammals the opportunity to leave the area prior to beginning impact 
pile driving at full power. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
Navy will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: January 28, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-02164 Filed 2-2-22; 8:45 am]
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