[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60998-60999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21894]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC107]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Construction at Naval Station Norfolk in 
Norfolk, Virginia

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 for 
authorization to take small numbers of marine mammals incidental to 
construction activities associated with the replacement of Pier 3 at 
Naval Station Norfolk over the course of 5 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 November 
7, 2022.

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 online at https://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: Kim Corcoran, Office of Protected 
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's 
application may be obtained online at: https://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

[[Page 60999]]

proposed authorization is provided to the public for review.
    An incidental take authorization 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 April 8, 2022, NMFS received an application from the Navy 
requesting authorization for take of marine mammals incidental to 
construction activities related to demolition and construction 
activities associated with the replacement of Pier 3 at Naval Station 
Norfolk. Following NMFS' review of the application, the Navy provided 
responses to our questions on June 3, 2022 and August 29, 2022. A 
revised version of the application was submitted on September 22, 2022 
and the application was deemed adequate and complete on September 26, 
2022. The requested regulations would be valid for 5 years, from April 
1, 2023 through March 31, 2028. The Navy plans to conduct necessary 
work, including vibratory pile driving and removal, impact pile 
driving, and drilling, to demolish the existing Pier 3 and Pier 3T, 
replace a portion of the fender system at Pier 4, and construct the new 
Pier 3, two new wharfs/relieving platforms and a new portion of a 
bulkhead fender system. The proposed action may incidentally expose 
marine mammals occurring in the vicinity to elevated levels of 
underwater sound, potentially resulting in incidental take, by Level A 
and Level B harassment. Therefore, the Navy requests authorization to 
incidentally take marine mammals.

Specified Activities

    The Navy is proposing to construct a new Pier 3 immediately north 
of the existing Pier 3 and align it with new bulkhead of CEP-176 wharf, 
providing a continuous berthing structure along the north side of a new 
submarine pier/wharf structure. The entire project scope includes 
construction of the new Pier 3, construction of a new wharf at CEP-176, 
construction of new wharf/relieving platform at CEP-102, demolition of 
Pier 3T, replacement of a portion of fender system at Pier 4, and 
construction of a new portion of fender system at CEP-175 bulkhead. The 
Navy expects construction will require approximately 513 in-water 
workdays over the 5 year period. Five species of marine mammals are 
known to occur in the area and have the potential to be taken by the 
Navy's 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: October 4, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2022-21894 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-22-P