[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Pages 57480-57486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20265]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC351]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Naval Base San Diego Pier 6 
Replacement Project, San Diego, California

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

ACTION: Notice; request for comments on proposed renewal incidental 
harassment authorization (IHA).

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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for the 
renewal of their currently active IHA to take marine mammals incidental 
to the Naval Base San Diego Pier 6 Replacement Project in San Diego, 
California. These activities consist of activities that are covered by 
the current authorization, but will not be completed prior to its 
expiration. Pursuant to the Marine Mammal Protection Act, prior to 
issuing the currently active IHA, NMFS requested comments on both the 
proposed IHA and the potential for renewing the initial authorization 
if certain requirements were satisfied. The renewal requirements have 
been satisfied, and NMFS is now providing an additional 15-day comment 
period to allow for any additional comments on the proposed renewal not 
previously provided during the initial 30-day comment period.

DATES: Comments and information must be received no later October 5, 
2022.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, and should be submitted via email 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, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to 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 online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, renewal request, and supporting documents (including NMFS 
Federal Register notices of the original proposed and final 
authorizations, and the previous IHA), as well as a list of the 
references cited in this document, may

[[Page 57481]]

be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In 
case of problems accessing these documents, please call the contact 
listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. 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, an incidental harassment authorization is issued.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a renewal for this activity, and 
requested public comment on a potential renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time one-year renewal IHA following notice to the public providing 
an additional 15 days for public comments when (1) up to another year 
of identical, or nearly identical, activities as described in the 
Detailed Description of Specified Activities section of the initial IHA 
issuance notice is planned or (2) the activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of the initial IHA issuance notice would not be completed by the time 
the initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the DATES section of the notice of 
issuance of the initial IHA, provided all of the following conditions 
are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal IHA effective date (recognizing that the renewal IHA 
expiration date cannot extend beyond 1 year from expiration of the 
initial IHA).
    2. The request for renewal must include the following:
     An explanation that the activities to be conducted under 
the requested renewal IHA are identical to the activities analyzed 
under the initial IHA, are a subset of the activities, or include 
changes so minor (e.g., reduction in pile size) that the changes do not 
affect the previous analyses, mitigation and monitoring requirements, 
or take estimates (with the exception of reducing the type or amount of 
take).
     A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    3. Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested renewal, and agency responses will be 
summarized in the final notice of our decision.

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 (i.e., the issuance of an IHA 
renewal) with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or 
mortality) 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. Accordingly, NMFS has 
preliminarily determined that the issuance of the proposed IHA renewal 
qualifies to be categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA renewal request.

History of Request

    On January 22, 2021, NMFS issued an IHA to the Navy to take 
California sea lions (Zalophus californianus), by Level B harassment 
only, incidental to the Naval Base San Diego Pier 6 Replacement Project 
in San Diego, California (86 FR 7993, February 3, 2021), effective from 
October 1, 2021 through September 30, 2022. On July 29, 2022, NMFS 
received an application for the renewal of that initial IHA. As 
described in the application for renewal IHA, the activities for which 
incidental take is requested consist of activities that are covered by 
the initial authorization but will not be completed prior to its 
expiration. As required, the applicant also provided a preliminary 
monitoring report (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities) which confirms that the applicant has 
implemented the required mitigation and monitoring, and which also 
shows that no impacts of a scale or nature not previously analyzed or 
authorized have occurred as a result of the activities conducted.

[[Page 57482]]

Description of the Specified Activities and Anticipated Impacts

    The purpose of the Naval Base San Diego Pier 6 Replacement Project 
is to remove and replace a decaying and inadequate pier for Navy ships. 
Specifically, the planned in-water construction work authorized under 
the initial IHA included removing piles that supported the existing 
pier and installing new piles using an impact hammer. After first 
removing the above-water structures and utilities, the Navy planned to 
remove a total of 1,998 piles, including 1,833 12 to 24-inch (in) 
square concrete piles, 149 12-in composite (timber-plastic) piles, and 
16 16-in I-shaped steel piles. Once demolition had opened up space, the 
Navy planned to begin construction in the same location on a new pier 
measuring 37 meters (m; 120 feet (ft)) wide by 457 m (1,500 ft) long. 
New construction work involved impact driving of 966 piles, including 
528 24-in octagonal concrete structural piles, 208 24-in square 
concrete fender piles, four 20-in square concrete piles for a load-out 
ramp, and 226 16-in fiberglass secondary and corner fender piles. Pile 
installation and removal was expected to take no more than 250 days.
    Of the planned pile removal and installation activities described 
in the initial IHA, the Navy removed a total of 1,835 concrete piles 
over 70 days using a vibratory hammer and installed a total of 526 new 
concrete piles over 62 days using an impact hammer (Table 1). The Navy 
also removed 149 12-in composite piles and 16 16-inch I-shaped steel 
piles using direct pull (i.e., no pile hammer required). All planned 
pile removal activities described in the initial IHA have been 
completed. The Navy now proposes to install the remaining piles over 
the course of approximately 54 days starting in November or early 
December 2022 and continuing through February 2023.
    The types of impacts of the Navy's proposed activities are 
identical to those described in the initial IHA. As in the initial IHA, 
NMFS anticipates that only the U.S. stock of California sea lions may 
be taken by Level B harassment incidental to underwater noise resulting 
from construction associated with the remaining proposed activities.
    The following documents are referenced in this notice and include 
important supporting information:
     Federal Register notice of proposed initial IHA (85 FR 
80027, December 11, 2020);
     Federal Register notice of final initial IHA (86 FR 7993, 
February 3, 2021); and
     Initial IHA application, references cited, IHA renewal 
request, and preliminary monitoring report (available at 
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities).

Detailed Description of the Activity

    The purpose of the project is to remove and replace a decaying and 
inadequate pier built in 1945. A new, wider pier is needed to provide 
adequate ship berthing infrastructure to support modern Navy ships and 
fleet readiness. All in-water demolition (i.e., pile removal) and 
installation of concrete structural piles has been completed. The 
remaining in-water construction activities to be covered under this IHA 
renewal include the following:
     Impact installation of 204 2-in square concrete fender 
piles; and
     Impact installation of 226 16-in round fiberglass fender 
piles.

                                           Table 1--Summary of Completed and Remaining Pile Driving Activities
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                                                                             Number of
                                                                           piles planned     Number of       Number of     Total days of       Total
                  Method                              Pile type             in  initial        piles           piles      completed work  estimated days
                                                                                IHA          completed       remaining                       remaining
--------------------------------------------------------------------------------------------------------------------------------------------------------
Demolition of Existing Pier:
    Vibratory Extraction, High-pressure     24-inch square pre-cast                1,833       \a\ 1,835               0              70               0
     Water Jetting, Hydraulic Pile           concrete, 20-inch square
     Clipper, and/or Hydraulic Chainsaw.     pre-stressed/pre-cast
                                             concrete piles.
                                            12-inch composite (timber-               149         \b\ 149               0
                                             plastic) piles.
    Vibratory Extraction..................  16-inch I-shaped steel piles              16          \b\ 16               0
                                                                         -------------------------------------------------------------------------------
        Total.............................  ............................           1,998           1,835               0
Construction of New Pier:
    Impact Pile Driving...................  24-inch octagonal concrete                15               9               0              62              54
                                             structural test piles.
                                            24-inch octagonal concrete               513             517               0
                                             structural piles.
                                            24-inch square concrete                    4           \c\ 0           \c\ 0
                                             fender system test piles.
                                            24-inch square concrete                  204               0             204
                                             primary fender piles.
                                            20-inch square concrete pile               4           \d\ 0           \d\ 0
                                             for load-out ramp cradle.
                                            16-inch fiberglass secondary             226               0             226
                                             and corner fender piles.
                                                                         -------------------------------------------------------------------------------
        Total.............................  ............................             966             526             430             132              54
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Note that the total observed piles removed (1,835 piles) exceeds by two the proposed number of 20-in and 24-in piles described in the initial IHA
  (1,833 piles). This is likely due to command PSOs double counting piles as a result of difficulties encountered when viewing/tracking the large number
  of piles removed during the course of demolition activities at Pier 6.
\b\ All 12-inch composite piles and 16-inch I-shaped steel piles were removed via direct pull with no vibratory hammer required.

[[Page 57483]]

 
\c\ 24-inch square concrete fender system test piles have been removed from the construction plan.
\d\ These 20-inch square concrete piles were changed to 24-inch octagonal concrete piles and are included in the total number of 24-inch octagonal
  concrete piles installed above.

    A detailed description of the construction activities for which 
authorization of take is proposed here may be found in the Federal 
Register notice of proposed IHA for the initial IHA (85 FR 80027, 
December 11, 2020). The location, timing (e.g., seasonality), and 
nature of the pile driving operations, including the type and size of 
piles and the methods of pile driving, are identical to those analyzed 
in the initial IHA. The proposed IHA renewal would be effective through 
September 30, 2023.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice of the proposed IHA for the initial 
authorization (85 FR 80027, December 11, 2020). NMFS has reviewed the 
monitoring data from the initial IHA, recent Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and other scientific 
literature, and preliminarily determined that neither this nor any 
other new information affects which species or stocks have the 
potential to be affected or the pertinent information in the 
Description of the Marine Mammals in the Area of Specified Activities 
contained in the supporting documents for the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which the 
authorization of take is proposed here may be found in the Federal 
Register notice of the proposed IHA for the initial authorization (85 
FR 80027, December 11, 2020). NMFS has reviewed the monitoring data 
from the initial IHA, recent Stock Assessment Reports, information on 
relevant Unusual Mortality Events, and other scientific literature, and 
determined that neither this nor any other new information affects our 
initial analysis of impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Federal Register 
notice for the proposed and final initial IHAs (85 FR 80027, December 
11, 2020; 86 FR 7993, February 3, 2021). Specifically, the source 
levels and marine mammal occurrence data applicable to this 
authorization remain unchanged from the previously issued IHA, with the 
exception of fewer days of activity since the proposed activities are a 
subset of those covered in the initial IHA. Similarly, the stocks 
taken, methods of take, and types of take remain unchanged from the 
previously issued IHA.
    Based on the number of piles to be installed, the Navy estimates 
that the remaining activity would take 54 days (Table 1). As in the 
initial IHA, the Navy estimates four California sea lions could be 
present in the project area each day. Multiplication of the above 
estimate of animals per day (4) times the days of work (54) results in 
an estimated 216 Level B harassment takes of California sea lions 
(Table 2). The Navy intends to avoid Level A harassment take by 
shutting down activities if a California sea lion approaches within 20 
m of the project site, which encompasses all Level A harassment 
ensonification zones. Therefore, no take by Level A harassment is 
anticipated or proposed to be authorized.

                             Table 2--Estimated Take Proposed for Authorization and Proportion of Stock Potentially Affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Days of      Estimated daily   Proposed take    Proposed take
                              Species                                    activity      occurrence (#      by Level B       by Level A       Percent of
                                                                        remaining         per day)        harassment       harassment         stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus californianus) U.S. Stock............              54                4              216                0             0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

Description of Proposed Mitigation, Monitoring and Reporting Measures

    With the exception of measures specific to vibratory pile removal 
that are not relevant to this IHA renewal, the proposed mitigation, 
monitoring, and reporting measures included as requirements in this 
authorization are identical to those included in the Federal Register 
notice announcing the issuance of the initial IHA (86 FR 7993, February 
3, 2021), and the discussion of the least practicable adverse impact 
included in that document remains accurate. The following measures are 
proposed for this renewal:
Mitigation
    Establishment of Shutdown Zones--The Navy would establish shutdown 
zones for all pile driving and removal activities. The purpose of a 
shutdown zone is generally to define an area within which shutdown of 
the activity would occur upon sighting of a marine mammal (or in 
anticipation of an animal entering the defined area). Shutdown zones 
typically vary based on the activity type and marine mammal hearing 
group (Table 3). In this case there is only one species affected and 
all Level A harassment isopleths are less than 10 m radius. To be 
conservative, the Navy would establish a 20 m shutdown zone for all 
pile driving or removal activities.
    The placement of Protected Species Observers (PSOs) during all pile 
driving and removal activities (described in detail in the Monitoring 
section below) would ensure that the entire shutdown zone is visible 
during pile installation. Should environmental conditions deteriorate 
such that marine mammals within the entire shutdown zone would not be 
visible (e.g., fog, heavy rain), pile driving and removal must be 
delayed until the PSO is confident marine mammals within the shutdown 
zone could be detected.
    For in-water heavy machinery work other than pile driving, if a 
marine mammal comes within 10 m, operations would cease and vessels 
would reduce speed to the minimum level required to maintain steerage 
and safe working conditions. This type of work could include the 
following activities: (1) movement of the barge to the pile location; 
or (2) positioning of the pile on the substrate via a crane (i.e., 
stabbing the pile).

[[Page 57484]]

    The Navy would conduct briefings between construction supervisors 
and crews and the marine mammal monitoring team prior to the start of 
all pile driving activity and when new personnel join the work, to 
explain responsibilities, communication procedures, marine mammal 
monitoring protocol, and operational procedures.
    For marine mammal species for which take by Level B harassment has 
not been authorized, in-water pile driving would shut down immediately 
if such species are observed within or entering the Level B harassment 
zone.
    If take reaches the authorized limit for an authorized species, 
pile installation would be stopped as these species approach the Level 
B harassment zone to avoid additional take.
    Monitoring for Level B Harassment--The Navy would monitor the Level 
A and B harassment zones. Monitoring zones provide utility for 
observing by establishing monitoring protocols for areas adjacent to 
the shutdown zones. Monitoring zones enable observers to be aware of 
and communicate the presence of marine mammals in the project area 
outside the shutdown zone and thus prepare for a potential halt of 
activity should the animal enter the shutdown zone. Placement of PSOs 
would allow PSOs to observe marine mammals within the Level B 
harassment zones.
    Soft Start--Soft-start procedures are believed to provide 
additional protection to marine mammals by providing warning and/or 
giving marine mammals a chance to leave the area prior to the impact 
hammer operating at full capacity. For impact pile driving, contractors 
would be required to provide an initial set of three strikes from the 
hammer at reduced energy, followed by a 30-second waiting period. This 
procedure would be conducted three times before impact pile driving 
begins. Soft start would be implemented at the start of each day's 
impact pile driving and at any time following cessation of impact pile 
driving for a period of 30 minutes or longer.
    Pre-activity Monitoring--Prior to the start of daily in-water 
construction activity, or whenever a break in pile driving/removal of 
30 minutes or longer occurs, PSOs would observe the shutdown and 
monitoring zones for a period of 30 minutes. The shutdown zone would be 
considered cleared when a marine mammal has not been observed within 
the zone for that 30-minute period. If a marine mammal is observed 
within the shutdown zone, a soft-start would not proceed until the 
animal has left the zone or has not been observed for 15 minutes. When 
a marine mammal for which Level B harassment take is authorized is 
present in the Level B harassment zone, activities may begin and Level 
B harassment take would be recorded. If the entire Level B harassment 
zone is not visible at the start of construction, pile driving 
activities can begin. If work ceases for more than 30 minutes, the pre-
activity monitoring of the shutdown zones would commence.
Monitoring
    Marine mammal monitoring during pile driving and removal would be 
conducted by NMFS-approved PSOs in a manner consistent with the 
following:
     Independent PSOs (i.e., not construction personnel) who 
have no other assigned tasks during monitoring periods would be used;
     At least one PSO would have prior experience performing 
the duties of a PSO during construction activity pursuant to a NMFS-
issued incidental take authorization;
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
     Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator would be designated. The lead 
observer must have prior experience performing the duties of a PSO 
during construction activity pursuant to a NMFS-issued incidental take 
authorization; and
     The Navy would submit PSO Curriculum Vitae for approval by 
NMFS prior to the onset of pile driving.
    PSOs would have the following additional qualifications:
     Ability to conduct field observations and collect data 
according to assigned protocols;
     Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
     Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was not implemented when required); 
and marine mammal behavior; and
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    Up to four PSOs would be employed. PSO locations would provide an 
unobstructed view of all water within the shutdown zone, and as much of 
the Level A and Level B harassment zones as possible. PSO locations are 
as follows:
    (1) At the pile driving/removal site or best vantage point 
practicable to monitor the shutdown zones;
    (2) For activities with Level B harassment zones larger than 400 m 
(i.e., water jetting), two additional PSO locations would be used. One 
would be across from the project location along Inchon Road at Naval 
Amphibious Base Coronado; and
    (3) Two additional PSOs would be located in a small boat. The boat 
would conduct a pre-activity survey of the entire monitoring area prior 
to in-water construction. The boat would start from south of the 
project area (where potential marine mammal occurrence is lowest) and 
proceed to the north. When the boat arrives near the northern boundary 
of the Level B harassment zone (e.g., just north of the western side of 
the Coronado Bridge as depicted in the Figures in the monitoring plan) 
it would set up a station so the PSOs are best situated to detect any 
marine mammals that may approach from the north. The two PSOs aboard 
would split monitoring duties in order to monitor a 360 degree sweep 
around the vessel with each PSO responsible for 180 degrees of 
observable area.
    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after pile driving/removal activities. In addition, observers 
would record all incidents of marine mammal occurrence, regardless of 
distance from activity, and would document any behavioral reactions in 
concert with distance from piles being driven or removed. Pile driving 
activities include the time to install or remove a single pile or 
series of piles, as long as the time elapsed between uses of the pile 
driving or drilling equipment is no more than 30 minutes.
    Hydroacoustic Monitoring and Reporting--The Navy has volunteered to 
conduct hydroacoustic monitoring of all pile driving and removal 
methods. Data would be collected for a representative number of piles 
(three to five) for each pile size and/or type. As part of the below-
mentioned report, or in a separate report with the same timelines as 
above, the Navy would provide an acoustic monitoring report for this 
work. Hydroacoustic monitoring results could be used to adjust the size 
of the Level B harassment and monitoring zones after a request is made 
and approved by NMFS. The acoustic

[[Page 57485]]

monitoring report would, at minimum, include the following:
     Hydrophone equipment and methods: recording device, 
sampling rate, distance (m) from the pile where recordings were made; 
depth of recording device(s);
     Type of pile being driven or removed, substrate type, 
method of driving or removal during recordings;
     For impact pile driving: Pulse duration and mean, median, 
and maximum sound levels (dB re: 1[mu]Pa): SELcum, peak sound pressure 
level (SPLpeak), and single-strike sound exposure level (SELs-s);
     For non-impulsive sources (e.g., water jetting): Mean, 
median, and maximum sound levels (dB re: 1[mu]Pa): root mean square 
sound pressure level (SPLrms), SELcum; and
     Number of strikes (impact) or duration (non-impulsive 
sources) per pile measured, one-third octave band spectrum and power 
spectral density plot.
Reporting
    A draft marine mammal monitoring report would be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities, or 60 days prior to a requested date of issuance of any 
future IHAs for projects at the same location, whichever comes first. 
The report would include an overall description of work completed, a 
narrative regarding marine mammal sightings, and associated PSO data 
sheets. Specifically, the report would include:
     Dates and times (begin and end) of all marine mammal 
monitoring;
     Construction activities occurring during each daily 
observation period, including how many and what type of piles were 
driven or removed and by what method (i.e., impact or vibratory and if 
other removal methods were used);
     Weather parameters and water conditions during each 
monitoring period (e.g., wind speed, percent cover, visibility, sea 
state);
     The number of marine mammals observed, by species, 
relative to the pile location and if pile driving or removal was 
occurring at time of sighting;
     Age and sex class, if possible, of all marine mammals 
observed;
     PSO locations during marine mammal monitoring;
     Distances and bearings of each marine mammal observed to 
the pile being driven or removed for each sighting (if pile driving was 
occurring at time of sighting);
     Description of any marine mammal behavior patterns during 
observation, including direction of travel and estimated time spent 
within the Level A and Level B harassment zones while the source was 
active;
     Number of individuals of each species (differentiated by 
month as appropriate) detected within the monitoring zone;
     Detailed information about any implementation of any 
mitigation triggered (e.g., shutdowns and delays), a description of 
specific actions that ensued, and resulting behavior of the animal, if 
any; and
     Description of attempts to distinguish between the number 
of individual animals taken and the number of incidences of take, such 
as ability to track groups or individuals.
    If no comments are received from NMFS within 30 days, the draft 
final report would constitute the final report. If comments are 
received, a final report addressing NMFS comments would be submitted 
within 30 days after receipt of comments.

Reporting Injured or Dead Marine Mammals

    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, the Navy would report the 
incident to the Office of Protected Resources (OPR), NMFS, and to the 
regional stranding coordinator as soon as feasible. If the death or 
injury was clearly caused by the specified activity, the Navy would 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of the IHA. The Navy would not resume their activities until notified 
by NMFS. The report would include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (85 
FR 80027, December 11, 2020) and solicited public comments on both our 
proposal to issue the initial IHA for the Naval Base San Diego Pier 6 
Replacement Project and on the potential for a renewal IHA, should 
certain requirements be met. During the 30-day public comment period, 
NMFS received no public comments.

Preliminary Determinations

    The construction activities proposed by the Navy are a subset of 
those analyzed in the initial IHA, as are the method of taking and the 
effects of the action. The planned number of days of activity are 
reduced given the completion of a portion of the originally planned 
work. The potential effects of the Navy's activities are limited to 
Level B harassment in the form of behavioral disturbance and temporary 
threshold shift. In analyzing the effects of the activities in the 
initial IHA, NMFS determined that the Navy's activities would have a 
negligible impact on the affected species or stocks and that the 
authorized take numbers of each species or stock were small relative to 
the relevant stocks (e.g., less than one-third of the abundance of all 
stocks). The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA.
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. Based on the information and analysis 
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; (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; and (5) appropriate monitoring and reporting requirements are 
included.

Endangered Species Act

    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. No incidental take of ESA-listed marine

[[Page 57486]]

mammal species is expected to result from this activity, and none would 
be authorized. Therefore, NMFS has determined that consultation under 
section 7 of the ESA is not required for this action.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to the Navy for conducting the Naval Base San Diego 
Pier 6 Replacement Project in San Diego, California, effective through 
September 30, 2023, provided the previously described mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the 
proposed renewal IHA, and any other aspect of this Notice. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: September 14, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-20265 Filed 9-19-22; 8:45 am]
BILLING CODE 3510-22-P