[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15675-15680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC815]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Replacement of Pier 3 at Naval 
Station Norfolk in Norfolk, Virginia

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 United States Department of 
the Navy for the renewal of their currently active incidental 
harassment authorization (IHA) to take marine mammals incidental to the 
replacement of Pier 3 at Naval Station Norfolk in Norfolk, Virginia. 
These activities are identical to those covered in the current 
authorization. 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 than March 
29, 2023.

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: Jessica Taylor 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 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

[[Page 15676]]

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 1-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

    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations 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 determined that the issuance of the 
initial IHA qualified to be categorically excluded from further NEPA 
review. NMFS has preliminarily determined that the application of this 
categorical exclusion remains appropriate for this renewal IHA.

History of Request

    On March 15, 2022, NMFS issued an IHA to the United States Navy 
(Navy) to take marine mammals incidental to the replacement of Pier 3 
at Naval Station Norfolk in Norfolk, Virginia (87 FR 15945), effective 
from April 1, 2022 through March 31, 2023. On July 29, 2022, NMFS 
received a request from the Navy for a modification to the Pier 3 
replacement project IHA due to a change in the construction 
contractor's plan to include concurrent pile driving and drilling 
activities, and a modified IHA was issued to the Navy on January 18, 
2023 (88 FR 2880). Hereafter, any references to the initial IHA (as 
modified) refer to the modified IHA issued on January 18, 2023, while 
the 2022 IHA will be referred to as the 2022 initial IHA. On February 
23, 2023, NMFS received a request for the renewal of the initial IHA 
(as modified). After discussion with the Navy, NMFS received a final 
revised request to renew the initial IHA (as modified) on March 7, 
2023. As described in that request, the activities for which incidental 
take is requested consist of a subset of the identical activities 
covered in the initial authorization (as modified). As required, the 
applicant also provided a preliminary monitoring report 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.

Description of the Specified Activities and Anticipated Impacts

    The Navy is replacing Pier 3 at Naval Station (NAVSTA) Norfolk in 
Norfolk, VA. The existing Pier 3 is being demolished and a new Pier 3 
will be constructed immediately north of the existing location (see 
Figure 1 in the Federal Register notice for the proposed 2022 initial 
IHA; 87 FR 3976, January 26, 2022). Work at Pier 4, Pier 3T, and the 
bulkheads associated with Pier 3 and 3T is necessary to support the 
Pier 3 replacement. Pier 3 has been in a deteriorated state and does 
not provide minimum operation requirements for NAVSTA Norfolk. In-water 
work associated with Pier 4, including timber pile removal and concrete 
pile installation, has been completed under the 2022 initial IHA. In 
addition, concrete pile removal at Pier 3T will be completed by the 
expiration of the initial IHA. However, in-water work associated with 
construction of the CEP-176 and CEP-175 bulkheads, the CEP-102 bulkhead 
and relieving platform, and the new Pier 3, as well as installation of 
piles necessary for Pier 3T, will not be completed by the expiration 
date of the initial IHA (as modified). During the renewal period, the 
activities that would occur are the same as previously analyzed under 
the initial IHA (as modified). These activities include the 
installation of 42-inch (1.07 meters (m)) steel pipe piles, 28-inch 
(0.71 m) steel sheet piles, 13-inch (0.33 m) polymeric piles, and 24-

[[Page 15677]]

inch (0.61 m) precast concrete piles. Pre-drilling may be used to set 
the piles to depth. The remaining in-water construction associated with 
these activities is planned to occur from April 1, 2023 through June 
30, 2023.
    Under the 2022 initial IHA, Level A and Level B harassment 
resulting from pile driving and drilling activities was authorized for 
harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), and 
harbor porpoises (Phocoena phocoena). Level B harassment only resulting 
from pile driving and drilling activities was authorized for bottlenose 
dolphins (Tursiops truncatus) and humpback whales (Megaptera 
novaeangliae). Neither the Navy nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, a renewal IHA is 
appropriate.
    The following documents are referenced in this notification and 
include important supporting information:
     2023 final initial IHA (as modified) (88 FR 2880, January 
18, 2023);
     2023 proposed initial IHA (as modified) (87 FR 75600, 
December 9, 2022);
     2022 final initial IHA (87 FR 15945, March 21, 2022); and
     2022 proposed initial IHA (87 FR 3976, January 26, 2022).
    The 2022 initial IHA application, IHA modification request, 2022 
initial IHA, initial IHA (as modified), and references are available at 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia.

Detailed Description of the Activity

    A detailed description of the construction activities is found in 
the Federal Register notice associated with the issuance of the 2022 
initial IHA (87 FR 3976, January 26, 2022). A description of the 
concurrent pile driving activities associated with the initial IHA (as 
modified) is described in the Federal Register notice of issuance of 
the initial IHA (88 FR 2880, January 18, 2023). The location, timing, 
and nature of the activities, including the types of equipment planned 
for use, are identical to those described in the previous notices.
    At the time of the renewal request, the following individual 
activities have been completed for the following structures:

 Pier 4
    [cir] Vibratory removal of 36 14-inch timber piles; and
    [cir] Pre-drilling and impact installation of 36 24-inch precast 
concrete square piles.

 Pier 3T
    [cir] Vibratory removal of 87 14-inch timber piles; and
    [cir] Vibratory removal of 196 18-inch precast concrete square 
piles.

    At the time of the renewal request, the following concurrent 
activities have been completed for the following structures:

 Pier 3T and Pier 4
    [cir] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and impact installation of 24-inch concrete piles; and
    [cir] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and rotary drill of 24-inch concrete piles, with 90 concrete 
piles remaining as noted about for Pier 3T.
 Pier 3T and Pier 3
    [cir] Vibratory removal of 14-inch timber and 18-inch concrete 
piles and impact installation of 24-inch concrete piles, with four 
concrete piles remaining to be installed.

    In-water individual activities that are planned for completion for 
the following structures under this proposed renewal IHA are shown in 
Table 1 while in-water concurrent activities that are planned for 
completion under this proposed renewal IHA are shown in Table 2.

        Table 1--In-Water Individual Construction Activities Planned for Completion Under the Renewal IHA
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                                                                     Number of       Number of     Total number
          Structure             Pile size/type        Method           piles       piles per day      of days
----------------------------------------------------------------------------------------------------------------
CEP-176 Bulkhead.............  42-inch steel     Impact or                    80               4              20
                                pipe pile.        Vibratory
                                                  Install.
                               28-inch steel                                 160              14              12
                                sheet piles.
CEP-175 Bulkhead.............  13-inch           Impact or                    18               5               4
                                polymeric piles.  Vibratory
                                                  Install \1\.
CEP-102 Platform.............  18-inch concrete  Vibratory                    11               4               3
                                piles.            Removal.
                               14-inch timber                                  9               4               3
                                piles.
                               13-inch                                         4               4               1
                                polymeric piles.
                               24-inch precast   Impact Install                6               2               3
                                concrete piles.   \1\.
                               42-inch steel     Impact or                     4               2               2
                                pipe piles.       Vibratory
                                                  Install.
                               28-inch steel                                   8               4               2
                                sheet piles.
                               24-inch precast   Impact Install               11               2               6
                                concrete piles.   \1\.
Pier 3.......................  24-inch precast   Impact Install.             270               4              68
                                concrete piles.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-drilling may be used to assist with pile installation. Represents estimated construction schedule as
  delays may occur due to equipment failure or weather.


        Table 2--In-Water Concurrent Construction Activities Planned for Completion Under the Renewal IHA
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                                                                                                   Total number
          Pile size/type/method                 Number of piles         Number of piles per day       of days
----------------------------------------------------------------------------------------------------------------
Vibratory removal of 18-inch concrete     90 18-inch concrete piles;  4 18-inch concrete piles;               26
 piles at Pier 3T and vibratory install    113 42-inch steel pipe      4 42-inch steel piles.
 of 42-inch steel pipe piles at either     piles.
 CEP-176 or CEP-102.

[[Page 15678]]

 
Vibratory removal of 18-inch concrete     90 18-inch concrete piles;  4 18-inch concrete piles;               13
 piles at Pier 3T and rotary drill \1\     36 24-inch rotary           6 24-inch concrete piles.
 for 24-inch concrete piles at Pier 3.     drilling piles.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-drilling.

    The proposed renewal IHA would be effective from April 1, 2023 
through March 31, 2024 and in-water construction activities are planned 
for 90 days from April 1 through June 30, 2023. Of these 90 days, 39 
days are planned for concurrent activities.

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 
notice of the proposed IHA for the initial authorization (87 FR 3976, 
January 26, 2022). NMFS has reviewed the monitoring data from the 
initial IHA (as modified), recent draft Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and other scientific 
literature, and 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 2022 initial IHA. The only changes indicated in the 
draft 2022 SARs are that the Potential Biological Removal value for the 
gray seal Western North Atlantic stock increased from 1,389 to 1,458, 
annual mortality and serious injury of the harbor porpoise Gulf of 
Maine/Bay of Fundy stock decreased from 217 to 164, and humpback whale 
Gulf of Maine stock is no longer considered a strategic stock.

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 notices of 
the proposed IHA for the 2022 initial authorization. NMFS has reviewed 
the monitoring data from the initial IHA (as modified), recent draft 
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 individual activity are found in the notices of 
the proposed and final IHAs for the initial authorization (87 FR 3976, 
January 26, 2022; 87 FR 15945, March 21, 2022) and for the specified 
concurrent activities, in the notices of the proposed and final initial 
IHAs (as modified) (87 FR 75600, December 9, 2022; 88 FR 2880, January 
18, 2023). Activities proposed under the renewal authorization would be 
subject to the same sound propagation boundaries as those analyzed for 
the 2022 initial IHA and initial IHA (as modified). The analysis of 
sound source level and sound pressure level (SPL) propagation provided 
in the 2022 initial IHA and initial IHA (as modified) would remain 
applicable to the activities covered in the proposed renewal IHA. 
Marine mammal density/occurrence data applicable to this authorization 
remain unchanged from the 2022 initial IHA.
    Similarly, the stocks taken, methods of take, and types of take 
remain unchanged from the previously issued initial IHA. The take 
calculation method also remains the same, with the exception of fewer 
days of activity than what was described in the initial IHA. The 
approximate total number of operational days for this proposed renewal 
IHA is 90 days as compared to the 280 days required for the project 
under the initial IHA. The number of takes proposed to be authorized 
for the renewal IHA are indicated below in Table 3.
    The total take number for bottlenose dolphins was estimated using 
inshore seasonal densities provided in Engelhaupt et al. (2016) from 
vessel line-transect surveys near NAVSTA Norfolk and adjacent areas 
near Virginia Beach, Virginia from August 2012 through August 2015. 
This density includes sightings inshore of the Chesapeake Bay from 
NAVSTA Norfolk west to the Thimble Shoals Bridge, and is the most 
representative density for the project area. NMFS multiplied the 
density of 1.38 dolphins per square kilometer by the Level B harassment 
zone area for each activity for the project, and then by the number of 
days associated with that activity (see Table 1). The Level B 
harassment zones increased as a result of concurrent pile driving 
activities; therefore, calculated Level B harassment exposure estimates 
also increased as a result. As described in the notice of the initial 
proposed and issued IHA, there is insufficient information on relative 
abundance to apportion the takes precisely to each of the three stocks 
in the area. Therefore, the same approach as used in previous projects 
(e.g., Hampton Roads Bridge Tunnel project (86 FR 17458, April 2, 
2021), and the U.S. Navy Norfolk Maintenance Rule (86 FR 24340, May 6, 
2021)) was used to estimate the appointment of takes to each of the 
three bottlenose dolphin stocks that may be present in the area. Given 
that most of the Northern North Carolina Estuarine Stock (NNCES) are 
found in the Pamlico Sound Estuary, over 160 kilometers from Norfolk, 
we conservatively estimated that no more than 200 of the requested 
takes will be from this stock. Since members of the northern migratory 
coastal and southern migratory coastal stocks are thought to occur in 
or near the Bay in greater numbers, we conservatively assume that no 
more than half of the remaining takes will accrue to either of these 
stocks. Additionally, a subset of these takes would likely be comprised 
of the Chesapeake Bay resident dolphins, although the size of that 
population is unknown.
    Based upon the methodology for estimating take for the initial IHA 
(as modified) (88 FR 2880, January 18, 2023), the Navy calculated 
potential exposure to Level A harassment for gray seals by assuming 
twenty percent of authorized take would be by Level A harassment. As 
only one take is estimated to occur under the renewal IHA, we assume 
that individual take will be by Level B harassment. Therefore, the Navy 
did not request, and NMFS does not propose to authorize, take by Level 
A harassment for gray seals.

[[Page 15679]]

    The total taking by Level B harassment of all species is predicted 
to be the same or lower with concurrent activity scenarios due to a 
lower number of construction days for concurrent activities; therefore, 
the proposed authorized take from individual activities represents the 
most conservative take estimate.

      Table 3--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected
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                                                        Individual activities       Concurrent
                                                       -----------------------      activities        Percent of
             Species                      Stock                               ----------------------  stock \1\
                                                         Level A     Level B    Level A    Level B
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin...............  Western North                0      1,281           0        486     \2\ 19.3
                                    Atlantic Coastal,
                                    Northern Migratory.
                                   Western North                       1,280                    485     \2\ 34.1
                                    Atlantic Coastal,
                                    Southern Migratory.
                                   Northern North                        200                    200     \2\ 24.3
                                    Carolina Estuarine.
Harbor seal......................  Western North               57        759          53        478         1.33
                                    Atlantic.
Gray seal........................  Western North                0          1           0          1        0.004
                                    Atlantic.
Harbor porpoise..................  Gulf of Maine/Bay            2          2           0          2        0.004
                                    of Fundy.
Humpback whale...................  Gulf of Maine......          0          4           0          2         0.29
----------------------------------------------------------------------------------------------------------------
\1\ Percent of stock calculation based upon the largest take calculation from either individual or concurrent
  activities.
\2\ Assumes multiple repeated takes of same individuals from a small portion of each stock.

Description of Proposed Mitigation, Monitoring, and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the FR notice announcing the issuance of the 2022 initial 
IHA (87 FR 15945, March 21, 2022) for individual activities and the FR 
notice announcing the issuance of the initial IHA (as modified) (88 FR 
2880, January 18, 2023) for concurrent activities, and the discussion 
of the least practicable adverse impact included in that document 
remains accurate. The same measures are proposed for this renewal and 
are summarized here:
     The Navy must implement shutdown zones for all pile 
driving and removal and drilling activities. Shutdown zones would vary 
based upon the activity type and marine mammal hearing group, as shown 
in Table 4 for individual activities and Table 5 for concurrent 
activities. The Navy must shut down if any marine mammals come within 
hearing group-specific shutdown zones;
     The Navy must implement impact pile driving soft-starts at 
the beginning of each day's impact pile driving and at any time 
following cessation of impact pile driving for a period of 30 minutes 
or more. To implement soft-start, 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, then two subsequent 
reduced energy strike sets.
     Protected Species Observers (PSOs) must monitor the 
entirety of all shutdown zones as well as Level B harassment zones to 
the extent practicable during all pile driving and removal and drilling 
activities. Monitoring must be conducted by a minimum of two PSOs for 
impact driving, and a minimum of three PSOs for vibratory and drilling 
activities;
     Pre-activity monitoring must begin prior to the start of 
daily in-water construction activities or whenever a break in pile 
driving/removal of 30 minutes or longer occurs. Pre-activity and post-
activity monitoring must take place for a period of 30 minutes prior to 
beginning construction activities and after construction activities are 
complete for the day;
     Acoustic monitoring shall include two underwater positions 
as well as be conducted in accordance with NMFS guidance for 10 percent 
of each type of activity that has not previously been monitored at 
NAVSTA Norfolk (see Table 6);
     The Navy must submit draft marine mammal and acoustic 
monitoring reports to NMFS within 90 days after the completion of pile 
driving and removal and drilling activities under the renewal IHA;
     The Navy must prepare and submit final monitoring reports 
within 30 days following resolution of comments on the draft reports 
from NMFS;
     The Navy must submit all PSO datasheets and/or raw 
sighting data (in a separate file from the Final Report referenced 
immediately above); and
     The Navy must report injured or dead marine mammals.

                  Table 4--Shutdown and Harassment Zones for Individual Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                             Minimum shutdown zone (m)
                                                 ------------------------------------------------   Harassment
           Pile size, type, and method                                               All other     zone (m) \1\
                                                  Humpback whale     Porpoises        species
----------------------------------------------------------------------------------------------------------------
Impact Driving, 42-inch Steel Pipe Pile.........           1,005             500             200           1,000
Vibratory Driving, 42-inch Steel Pipe Pile......              50             120              50          15,850
Impact Driving, 28-inch Steel Sheet Piles.......             775             500             200           2,520
Vibratory Driving, 28-inch Steel Sheet Piles....              65              65              65          13,600
Impact Driving, 13-inch Polymeric Piles.........              30              30              30              10
Vibratory Driving, 13-inch Polymeric Piles......              30              30              30           6,310
Impact Driving, 24-inch Concrete Piles..........             160             500             200             120
Vibratory Driving, 24-inch Concrete Piles.......              10              10              10           1,850
----------------------------------------------------------------------------------------------------------------
\1\ Rounded to the nearest 10 m.


[[Page 15680]]


                  Table 5--Shutdown and Harassment Zones for Concurrent Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                                    Minimum shutdown zone (m)
                                                             ---------------------------------------  Harassment
                Pile sizes, type, and method                    Humpback                 All other     zone (m)
                                                                 whale      Porpoises     species        \1\
----------------------------------------------------------------------------------------------------------------
Vibratory removal 18-inch concrete piles and vibratory                200          200           50       18,480
 installation 42-inch steel pipe piles......................
Vibratory removal 18-inch concrete piles and pre-drilling              45           45           30        7,360
 for preparation of 24-in concrete pile install.............
----------------------------------------------------------------------------------------------------------------
\1\ Rounded to the nearest 10 m.


                                    Table 6--Acoustic Monitoring Summary \1\
----------------------------------------------------------------------------------------------------------------
                                                                                                      Number
                   Pile type                         Count          Method of install/removal        monitored
----------------------------------------------------------------------------------------------------------------
13-inch polymeric.............................               9  Vibratory.......................               5
13-inch polymeric.............................               9  Impact..........................               5
13-inch polymeric.............................               9  Drilling........................               5
24-inch concrete..............................              11  Impact..........................              10
42-inch steel pipe............................             103  Impact..........................              10
42-inch steel pipe............................             103  Vibratory.......................              10
28-inch steel sheet...........................             221  Impact..........................              10
28-inch steel sheet...........................             221  Vibratory.......................              10
----------------------------------------------------------------------------------------------------------------
\1\ Acoustic monitoring will be conducted for activities for which measurements are needed.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (87 
FR 3976, January 26, 2022) and solicited public comments on both our 
proposal to issue the initial IHA for pile driving and drilling 
activities, and on the potential for a renewal IHA, should certain 
requirements be met. No public comments were received.

Preliminary Determinations

    The proposed renewal request consists of a subset of activities 
analyzed through the initial IHA and initial IHA (as modified) 
described above. In analyzing the effects of the activities for the 
initial IHA, NMFS determined that the Navy's activities would have a 
negligible impact on the affected species or stocks and that authorized 
take numbers of each species or stock were small relative to the 
relevant stocks (e.g., less than one-third the abundance of all 
stocks). No new information is available that affects NMFS' 
determinations in support of a renewal of the initial IHA (as 
modified). The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA (as 
modified).
    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 (as modified). 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. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    No incidental take of ESA-listed species is proposed for 
authorization 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.

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 pile driving and 
drilling activities at NAVSTA Norfolk in Norfolk, VA effective through 
March 31, 2024, provided the previously described mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
2022 proposed and final initial IHA as well as proposed and final 
initial IHA (as modified) can be found at https://www.fisheries.noaa.gov/action/incidental-take-authorization-replacement-pier-3-naval-station-norfolk-norfolk-virginia. 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: March 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-05157 Filed 3-9-23; 4:15 pm]
BILLING CODE 3510-22-P