[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47722-47723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB497]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Naval Magazine Indian Island Ammunition Wharf 
Maintenance and Pile Replacement Project

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 United States Department 
of the Navy (Navy) for authorization to take marine mammals incidental 
to replacement and maintenance of the Ammunition Wharf marine structure 
at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington, 
over the course of five years. 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 
September 6, 2022.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service and 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. All comments 
received are a part of the public record and will generally be posted 
online 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: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    Electronic copies of the Navy's application and separate monitoring 
plan 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.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct

[[Page 47723]]

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 14, 2021, NMFS received an application from the Navy 
requesting authorization for take of marine mammals incidental to 
construction related to replacement and maintenance activities at the 
Ammunition Wharf marine structure at NAVMAG Indian Island. NMFS sent 
initial questions regarding the application to the Navy on October 5, 
2021. The Navy addressed the questions and submitted a revised Letter 
of Authorization (LOA) application on March 24, 2022. After additional 
questions were sent by NMFS the Navy submitted another revised 
application on June 12, 2022. The requested regulations would be valid 
for 5 years, from October 1, 2023 through September 30, 2028. The Navy 
plans to conduct necessary work, including impact and vibratory pile 
driving, to replace and maintain the wharf structure. The proposed 
action may incidentally expose marine mammals occurring in the vicinity 
of in-water construction activities to elevated levels of underwater 
sound, thereby resulting in incidental take, by Level A and Level B 
harassment. Therefore, the Navy requests authorization to incidentally 
take marine mammals.

Specified Activities

    Maintaining the structural integrity of the Ammunition Wharf is 
vital to sustaining the Navy's mission and ensuring military readiness. 
The Navy proposes to replace up to 118 structural concrete piles or 
fender piles, conduct maintenance, and repair activities over a 7-year 
period on the Ammunition Wharf at NAVMAG Indian Island. Under the 5-
year LOA, up to 110 structurally unsound structural piles or fender 
piles would be replaced. Structural concrete piles would be replaced 
with 24-in concrete piles or old fender piles would be replaced with 
14-in steel H piles or 18.75-in composite piles. Up to eight steel 
piles may also be installed in addition to the structural concrete 
piles if necessary. To minimize underwater noise impacts on marine 
species, water jetting would be primary method to install concrete 
piles and vibratory pile driving would be the primary method to install 
steel piles. An impact hammer may be used if substrate conditions 
prevent the advancement of piles to the required depth or to verify the 
load-bearing capacity for both concrete and steel piles. An air bubble 
curtain or other noise attenuating device would be used to reduce noise 
levels during impact driving of 36-in steel piles but would not be used 
for concrete piles. All pile driving will be conducted during the 
prescribed in-water work window for the NAVMAG Indian Island facility 
(October 1 to January 15). Activity occurring during the 2 years 
following the 5 year LOA would consist only of removal and installation 
of concrete piles, and maintenance and repair work, with no steel pile 
installation. Additional incidental take authorizations will be 
requested as needed for these activities.

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: August 1, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-16745 Filed 8-3-22; 8:45 am]
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