[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 15982-15990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05263]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC786]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to U.S. Navy Construction at 
Portsmouth Naval Shipyard, Kittery, Maine

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

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

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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for the 
renewal of their currently active incidental harassment authorization 
(IHA) to take marine mammals incidental to construction activities 
associated with the multifunctional expansion of Dry Dock 1 project at 
Portsmouth Naval Shipyard in Kittery, Maine. These activities are 
identical to those covered by the current authorization, and consist of 
a subset of activities that will not be completed prior to its 
expiration. Pursuant to the Marine Mammal Protection Act (MMPA), 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 
30, 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: Reny Tyson Moore, 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 MMPA prohibits the ``take'' of marine mammals, with certain

[[Page 15983]]

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 one 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; and
    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 (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 April 1, 2022, NMFS issued an IHA to the Navy to take marine 
mammals incidental to construction activities associated with the 
multifunctional expansion of Dry Dock 1 project (also referred to as P-
381) at Portsmouth Naval Shipyard in Kittery, Maine (April 6, 2022; 87 
FR 19886), effective from April 1, 2022 through March 31, 2022. On 
January 31, 2023, NMFS received an application for the renewal of that 
initial IHA. NMFS received a revised application for the renewal IHA on 
February 24, 2023. 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 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

    Multifunctional Expansion of Dry Dock 1 (P-381) is 1 of 3 projects 
that support the overall expansion and modification of Dry Dock 1, 
located in the western extent of the Portsmouth Naval Shipyard. The 2 
additional projects, construction of a super flood basin (P-310) and 
extension of portal crane rail and utilities (P-1074), are currently 
under construction. In-water work associated with these projects was

[[Page 15984]]

completed under separate IHAs issued by NMFS in 2019 (84 FR 24476; May 
28, 2019), and in a renewal of the 2019 IHA (86 FR 14598; March 17, 
2021). The projects have been phased to support Navy mission schedules. 
P-381 will be constructed within the same footprint of the super flood 
basin over an approximate 7-year period, during which 5 years of in-
water work will occur. The initial IHA authorized takes for marine 
mammals during the first year of in-water construction for P-381 
occurring from April 2022 through March 2023. All work beyond year 1 
has been addressed in proposed incidental take regulations (January 18, 
2023; 88 FR 3146).
    The purpose of the proposed project, Multifunctional Expansion of 
Dry Dock 1 (P-381), is to modify the super flood basin to create two 
additional dry docking positions (Dry Dock 1 North and Dry Dock 1 West) 
in front of the existing Dry Dock 1 East. The super flood basin 
provides the starting point for the P-381 work (see Figure 1-2 of the 
Navy's application for the initial IHA). This renewal request is to 
cover a subset of the activities covered in the initial IHA that will 
not be completed during the effective IHA period due to project delays 
(see Detailed Description of the Activity for specific activities to be 
covered in the proposed renewal IHA). This includes the preparation of 
the walls and floors of the super flood basin to support the placement 
of the monoliths and the construction of the two dry dock positions.
    Construction activities that could affect marine mammals are 
limited to in-water pile driving and removal activities, rock 
hammering, rotary drilling, and down-the-hole (DTH) hammering. Under 
the initial IHA, Level A harassment and Level B harassment was 
authorized for harbor porpoises (Phocoena phocoena), harbor seals 
(Phoca vitulina), gray seals (Halichoerus grypus), harp seals 
(Pagophilus groenlandicus) and hooded seals (Cystophora cristata). 
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:
     Initial 2022 final IHA (April 6, 2022, 87 FR 19886);
     Initial 2022 proposed IHA (March 3, 2022, 87 FR 11860);
     Initial IHA application and References (available at 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine); and
     Application Addendum Memo (October 31, 2022; available at 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine-0).

Detailed Description of the Activity

    A detailed description of the construction activities for which 
take is proposed here may be found in the notices of the proposed 
(March 3, 2022, 87 FR 11860) and final (April 6, 2022, 87 FR 19886) 
IHAs for the initial authorization as well as in the Application 
Addendum Memo (submitted to NMFS on October 31, 2023), which described 
project modifications and shifting Fleet submarine schedules. As 
previously mentioned, this request is for a subset of the activities 
authorized in the initial IHA that would not be completed prior to its 
expiration due to project delays. 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. Table 1 describes 
the status of all activities covered under the initial IHA as well as 
the amount of activities proposed to be covered under the renewal IHA. 
The proposed renewal would be effective for a period not exceeding one 
year from the date of expiration of the initial IHA.

                                                 Table 1--Status of Pile Driving and Drilling Activities
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                                                                                                                      Number
                                                                                                         Number     remaining                 Number of
                                                     Activity                             Daily        installed      to be        Total      production
           Activity              Total amount        component          Method       production rate     under      installed    production   days under
                                                                                                      initial IHA     under         days     renewal IHA
                                                                                                                   renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install           20 drilled        Install 102-inch  Rotary Drill....  1 shaft/day; 1            14            6           20            6
 Foundation Support Piles.      shafts \1\.       diameter outer                      hour/day.
                                                  casing.
                                                 Pre-drill 102-    Rotary Drill....  1 shaft/day; 9            14            6           20            6
                                                  inch diameter                       hours/day.
                                                  socket.
                                                 Remove 102-inch   Rotary Drill....  1 casing/day;             10           10           20           10
                                                  outer casing.                       15 minutes/
                                                                                      casing.
                                                 Drill 78-inch     Cluster drill     6.5 days/shaft;            2           18          130          117
                                                  diameter shaft.   DTH.              10 hours/day.
Center Wall--Install Diving    18 drilled        Install 102-inch  Rotary Drill....  1 shaft/day; 1             0            0           18            0
 Board Shafts \2\.              shafts.           diameter outer                      hour/day.
                                                  casing.
                                                 Pre-drill 102-    Rotary Drill....  1 shaft/day; 9             0            0           18            0
                                                  inch diameter                       hours/day.
                                                  socket.
                                                 Remove 102-inch   Rotary Drill....  1 casing/day;              0            0           18            0
                                                  outer casing.                       15 minutes/
                                                                                      casing.
                                                 Drill 78-inch     Cluster drill     7.5 days/shaft;            0            0          135            0
                                                  diameter shaft.   DTH.              10 hours/day.
Center Wall--Access Platform   38 drilled        Install 102-inch  Rotary Drill....  1 shaft/day; 1             0            0           38            0
 Support \3\.                   shafts.           diameter outer                      hour/day.
                                                  casing.
                                                 Pre-drill 102-    Rotary Drill....  1 shaft/day; 9             0            0           38            0
                                                  inch diameter                       hours/day.
                                                  socket.
                                                 Remove 102-inch   Rotary Drill....  1 casing/day;              0            0           38            0
                                                  outer casing.                       15 minutes/
                                                                                      casing.
                                                 Drill 78-inch     Cluster drill     3.5 days/shaft;            0            0           38            0
                                                  diameter shaft.   DTH.              10 hours/day.
Center Wall--Temporary         6 drilled shafts  42-inch diameter  Mono-hammer DTH.  1 shaft/day; 10            6            0            6            0
 Launching Piles.                                 shaft.                              hours/day.
Center Wall Tie Downs \3\....  Install 36 rock   9-inch diameter   Mono-hammer DTH.  2 holes/day; 5             0            0           18            0
                                anchors.          holes.                              hours/hole.

[[Page 15985]]

 
Center Wall--Access Platform   Install 18 rock   9-inch diameter   Mono-hammer DTH.  2 holes/day; 5             0            0            9            0
 Tie Downs \3\.                 anchors.          holes.                              hours/hole.
Center Wall--Install Tie-In    16 sheet piles..  28-inch wide Z-   Impact with       4 piles/day; 5             0           16            4            4
 to Existing West Closure                         shaped sheets.    initial           minutes and
 Wall.                                                              vibratory set.    300 blows/pile.
Berth 11 End Wall--Install     60 sheet piles..  28-inch wide Z-   Impact with       8 piles/day; 5            60            0            8            0
 Secant Pile Guide Wall.                          shaped sheets.    initial           minutes and
                                                                    vibratory set.    300 blows/pile.
Berth 1--Remove Granite Block  610 cy..........  Granite block     Hydraulic rock    2.5 hours/day..            0            0           NA            0
 Quay Wall \4\.                                   demolition.       hammering.
P-310 West Closure Wall--      238 sheet piles.  18-inch wide      Vibratory         4 piles/day; 5             0          238           60           60
 Remove Closure Wall.                             flat- sheets.     extraction.       minutes/pile.
P-310 West Closure Wall--      985 cy..........  Excavate bedrock  Hydraulic rock    9 hours/day....            0          985           77           77
 Mechanical Rock Excavation.                                        hammering.
P-310 West Closure Wall--      Drill 500 relief  4-6 inch holes..  Mono-hammer DTH.  25 holes/day;              0          500           20           20
 Mechanical Rock Excavation.    holes.                                                24 minutes/
                                                                                      hole.
                               Drill 46 rock     42-inch diameter  Mono-hammer DTH.  2 borings/day;            46            0       \5\ 24            0
                                borings (50 cy).  casing.                             5 hours/boring.
West closure wall--Berth 11    Drill 28 shafts.  42-inch diameter  Mono-hammer DTH.  1 shaft/day....            0           28           28           28
 Abutment--Install Piles.                         casing.                            10 hours/day...
Berth 11--Remove Shutter       112 panels......  Demolish shutter  Hydraulic rock    5 hours/day....           92           20           56           10
 Panels.                                          panels.           hammering.
Berth 11 Face--Mechanical      3,500 cy........  Excavate Bedrock  Hydraulic rock    12 hours/day...          700         2800          100           80
 Rock Removal at Basin Floor.                                       hammering.
                               Drill 1,277       4-6 inch holes..  Mono-hammer DTH.  27 holes/day;            300          977           48           37
                                relief holes                                          22.2 minutes/
                                \1\.                                                  hole.
Berth 11 Face--Mechanical      Drill 365 rock    42-inch diameter  Mono-hammer DTH.  2 borings/day;             0          365          183          183
 Rock at Abutment.              borings (1,220    casing.                             5 hours/boring.
                                cy).
Dry Dock 1 North Entrance--    Drill 50 rock     9-inch holes....  Mono-hammer DTH.  2 holes/day; 2             0           25           25           25
 Drill Tremie Tie Downs.        anchors \1\.                                          hours/hole.
Dry Dock 1 North Entrance--    Install 48 sheet  28-inch wide Z-   Impact with       8 sheets/day; 5            0           48            6            6
 Install Temporary Cofferdam.   piles \1\.        shaped sheets.    initial           minutes and
                                                                    vibratory set.    300 blows/pile.
Berth 1--Remove Sheet Piles..  Remove 12 sheet   25-inch wide Z-   Hydraulic rock    6 hours/day....            0           12            3            3
                                piles.            shaped sheets.    hammering.
Berth 1 Top of Wall--          30 lf...........  Mechanical        Hydraulic rock    10 hours/day...           NA           NA           NA           NA
 Demolition For Waler                             concrete          hammering.
 Installation \6\.                                demolition.
Berth 1 Mechanical Rock        200 cy..........  Excavate Bedrock  Hydraulic rock    13 cy/day; 12              0          200           39           39
 Removal at Basin Floor \7\.                                        hammering.        hours/day.
Removal of Berth 1 Emergency   108 sheet piles.  25-inch wide Z-   Vibratory         6 piles/day; 5             0          108           18           18
 Repair Sheets \7\.                               shaped sheets.    extraction.       minutes/pile.
Removal of Berth 1 Emergency   500 cy..........  Mechanical        Hydraulic rock    4 hours/day....            0          500           15           15
 Repair Tremie Concrete \7\.                      concrete          hammering.
                                                  demolition.
                                                                                                     ---------------------------------------------------
    Totals...................  ................  ................  ................  ...............        1,244        6,862        1,278          744
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The amount of this activity was adjusted in a memo describing project modifications and shifting Fleet submarine schedules that was submitted to
  NMFS on October 31, 2022. The memo can be found at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine-0.
\2\ The schedule for this work shifted as described in the aforementioned memo submitted to NMFS on October 31, 2022. This activity is now addressed in
  the proposed rulemaking/LOA (January 18, 2023; 88 FR 3146).
\3\ These activities are no longer needed.
\4\ This activity is complete; it was performed above the water line. The underwater portion of this activity is addressed in the proposed rulemaking/
  LOA (January 18, 2023; 88 FR 3146).
\5\ An additional day was added to account for equipment repositioning.

[[Page 15986]]

 
\6\ This activity is complete; it was performed above the water line.
\7\ This activity was added to the initial IHA in the aforementioned memo submitted to NMFS on October 31, 2022.

Description of Marine Mammals in the Area of Specified Activities

    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 (March 3, 
2022, 87 FR 11860). NMFS has reviewed the monitoring data from the 
initial IHA, 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 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 Notice of 
the Proposed IHA for the initial authorization (March 3, 2022, 87 FR 
11860). NMFS has reviewed the monitoring data from the initial IHA, 
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 activity are found in the Notices of the 
Proposed (March 3, 2022, 87 FR 11860) and Final (April 6, 2022, 87 FR 
19886) IHAs for the initial authorization. Specifically, the marine 
mammal density and occurrence data applicable to this authorization 
remain unchanged from the previously issued IHA. Similarly, the stocks 
taken and types of take remain unchanged from the previously issued 
IHA.
    Since the initial IHA was issued, NMFS' updated its recommendations 
on source pressure levels (SPL) to use when evaluating DTH systems (see 
https://media.fisheries.noaa.gov/2022-11/PUBLIC%20DTH%20Basic%20Guidance_November%202022.pdf; NMFS, 2022). NMFS 
suggests that the root mean square (RMS) SPLs should increase from 167 
dB to 174 decibels (dB) for DTH cluster hammering of 78-inch piles, and 
that the RMS SPLs should decrease for DTH mono-hammering of 4- to 6-
inch piles from 167 dB to 156 dB. These changes would increase the 
Level B harassment distances from 13,594 meters (m) (44,600 feet (ft)) 
to 39,811 m (130,614 ft) for cluster hammering of 78-inch piles, and 
from 13,594 m (44,600 ft) to 2,512 m (8,241 ft) for mono-hammering of 
4- to 6-inch piles. However, because the region of influence (ROI) for 
this project is very small due to land masses in the proposed action 
area that preclude sound from travelling more than approximately 870 m 
(3,000 ft) from the source (see Figure 2 in the Notice of the Proposed 
IHA for the initial authorization; March 3, 2022, 87 FR 11860), the 
area of the Level B harassment isopleth remains unchanged (i.e., 0.417 
kilometers squared (km\2\), 0.161 miles squared (mi\2\)).
    NMFS has also reevaluated the data available on rock hammering 
activities since the initial IHA was issued, and has proposed that the 
RMS SPL increase from 184 dB to 186 dB and that the single strike Sound 
Exposure Level (SELss) decrease from 175 dB to 171 dB (January 18, 
2023, 88 FR 3146). The proposed RMS values increase the Level B 
harassment distance and area for rock hammering activities from 398 m 
(1,306 ft) and 0.165 km\2\ to 541 m (1,775 ft) and 0.278 km\2\, 
respectively. The Level A harassment zone remains unchanged (0.417 
km\2\, 0.161 mi\2\) due to the size of the ROI and influence of land 
truncating sound near the proposed action area. Given the Level A 
harassment zone is larger than the Level B harassment zone, no 
additional takes by Level B harassment are proposed as they are already 
proposed as takes by Level A harassment.
    Tables 2, 3, and 4 provide the calculated proposed take by Level A 
and Level B harassment for harbor porpoises, harbor seals, and grey 
seals, respectively. Given that a subset of the initially covered 
activities would be occurring, the number of days of operation, and 
thus number of takes, has been reduced for each species. Note that the 
final take numbers differ slightly from those provided in the Navy's 
request for renewal of the IHA based on rounding errors found in the 
request. Further, in the initial IHA that was issued, takes by Level B 
harassment for harbor seals and grey seals were increased to more 
accurately reflect the number of seal sightings reported in recent 
monitoring reports. However, this adjustment has not been requested or 
made for the proposed renewal IHA based on the reduction in the number 
of construction days. The take calculation for hooded and harp seals 
remains the same from the initial IHA (see the Notices of the Proposed 
(March 3, 2022, 87 FR 11860) and Final (April 6, 2022, 87 FR 19886) 
IHAs for the initial authorization for more information).

             Table 2--Calculated Take by Level A and Level B Harassment of Harbor Porpoise by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                  Level A                   Level B
                                                                             production                harassment    Takes by    harassment    Take by
            Activity                  Total amount            Method         days under    Density        zone       Level A        zone       Level B
                                                                            renewal IHA                 (km\2\)     harassment    (km\2\)     harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation   20 drilled shafts..  Rotary Drill.......            6          0.4      0.00001            0      0.41742            0
 Support Piles.                                        Rotary Drill.......            6          0.4      0.00025            0      0.41742            0
                                                       Rotary Drill.......           10          0.4      0.00000            0      0.41742            0
                                                       Cluster drill DTH..          117          0.4      0.41742            2      0.41742            0
Center Wall--Install Tie-In to    16 sheet piles.....  Initial vibratory              4          0.4      0.00045            0      0.41742            0
 Existing West Closure Wall.                            set.                          4          0.4      0.40341            0      0.41742            0
                                                       Impact.............
P-310 West Closure Wall--Remove   238 sheet piles....  Vibratory                     60          0.4      0.00014            0      0.41742            1
 Closure Wall.                                          extraction.

[[Page 15987]]

 
P-310 West Closure Wall--         985 cy.............  Hydraulic rock                77          0.4      0.41742            1     0.277858            0
 Mechanical Rock Excavation.                            hammering.
P-310 West Closure Wall--         Drill 500 relief     Mono-hammer DTH....           20          0.4      0.04811            0      0.41742            0
 Mechanical Rock Excavation.       holes.
West closure wall--Berth 11       Drill 28 shafts....  Mono-hammer DTH....           28          0.4      0.41742            0      0.41742            0
 Abutment--Install Piles.
Berth 11--Remove Shutter Panels.  112 panels.........  Hydraulic rock                10          0.4      0.41742            0     0.277858            0
                                                        hammering.
Berth 11 Face--Mechanical Rock    3,500 cy...........  Hydraulic rock                80          0.4      0.41742            1     0.277858            0
 Removal at Basin Floor.                                hammering.
                                  Drill 1,277 relief   Mono-hammer DTH....           37          0.4      0.04811            0      0.41742            1
                                   holes.
Berth 11 Face--Mechanical Rock    Drill 365 rock       Mono-hammer DTH....          183          0.4      0.41742            3      0.41742            0
 at Abutment.                      borings (1,220 cy).
Dry Dock 1 North Entrance--Drill  Drill 50 rock        Mono-hammer DTH....           25          0.4      0.03036            0      0.41742            0
 Tremie Tie Downs.                 anchors.
Dry Dock 1 North Entrance--       Install 48 sheet     Initial vibratory              6          0.4      0.00104            0      0.41742            0
 Install Temporary Cofferdam.      piles.               set.                          6          0.4      0.41742            0      0.41742            0
                                                       Impact.............
Berth 1--Remove Sheet Piles.....  Remove 12 sheet      Hydraulic rock                 3          0.4      0.41742            0     0.277858            0
                                   piles.               hammering.
Berth 1 Mechanical Rock Removal   200 cy.............  Hydraulic rock                39          0.4      0.41742            1     0.277858            0
 at Basin Floor.                                        hammering.
Removal of Berth 1 Emergency      108 sheet piles....  Vibratory                     18          0.4      0.00073            0      0.41742            0
 Repair Sheets.                                         extraction.
Removal of Berth 1 Emergency      500 cy.............  Hydraulic rock                15          0.4      0.41742            0     0.277858            0
 Repair Tremie Concrete.                                hammering.
                                                                           -----------------------------------------------------------------------------
    Total Estimated Take........  ...................  ...................  ...........  ...........  ...........           10  ...........            2
--------------------------------------------------------------------------------------------------------------------------------------------------------


               Table 3--Calculated Take by Level A and Level B Harassment of Harbor Seal by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                  Level A                   Level B
                                                                             production                harassment    Takes by    harassment    Take by
            Activity                  Total amount            Method         days under    Density        zone       Level A        zone       Level B
                                                                            renewal IHA                 (km\2\)     harassment    (km\2\)     harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation   20 drilled shafts..  Rotary Drill.......            6            3      0.00001            0      0.41742            8
 Support Piles.                                        Rotary Drill.......            6            3      0.00009            0      0.41742            8
                                                       Rotary Drill.......           10            3      0.00000            0      0.41742           13
                                                       Cluster drill DTH..          117            3      0.41742          146      0.41742            0
Center Wall--Install Tie-In to    16 sheet piles.....  Initial vibratory              4            3      0.00008            0      0.41742            5
 Existing West Closure Wall.                            set.                          4            3      0.20116            2      0.41742            3
                                                       Impact.............
P-310 West Closure Wall--Remove   238 sheet piles....  Vibratory                     60            3      0.00002            0      0.41742           75
 Closure Wall.                                          extraction.
P-310 West Closure Wall--         985 cy.............  Hydraulic rock                77            3      0.41742           96     0.277858            0
 Mechanical Rock Excavation.                            hammering.
P-310 West Closure Wall--         Drill 500 relief     Mono-hammer DTH....           20            3      0.01455            1      0.41742           24
 Mechanical Rock Excavation.       holes.
West closure wall--Berth 11       Drill 28 shafts....  Mono-hammer DTH....           28            3      0.41742           35      0.41742            0
 Abutment--Install Piles.
Berth 11--Remove Shutter Panels.  112 panels.........  Hydraulic rock                10            3      0.41742           13     0.277858            0
                                                        hammering.
Berth 11 Face--Mechanical Rock    3,500 cy...........  Hydraulic rock                80            3      0.41742          100     0.277858            0
 Removal at Basin Floor.                                hammering.
                                  Drill 1,277 relief   Mono-hammer DTH....           37            3      0.01455            2      0.41742           45
                                   holes.
Berth 11 Face--Mechanical Rock    Drill 365 rock       Mono-hammer DTH....          183            3      0.41742          229      0.41742            0
 at Abutment.                      borings (1,220 cy).
Dry Dock 1 North Entrance--Drill  Drill 50 rock        Mono-hammer DTH....           25            3      0.00903            1      0.41742           31
 Tremie Tie Downs.                 anchors.
Dry Dock 1 North Entrance--       Install 48 sheet     Initial vibratory              6            3      0.00104            8      0.41742            0
 Install Temporary Cofferdam.      piles.               set.                          6            3      0.36495            7      1.50227            1
                                                       Impact.............

[[Page 15988]]

 
Berth 1--Remove Sheet Piles.....  Remove 12 sheet      Hydraulic rock                 3            3      0.41742            4     0.277858            0
                                   piles.               hammering.
Berth 1 Mechanical Rock Removal   200 cy.............  Hydraulic rock                39            3      0.41742           49     0.277858            0
 at Basin Floor.                                        hammering.
Removal of Berth 1 Emergency      108 sheet piles....  Vibratory                     18            3      0.00014            0      0.41742           23
 Repair Sheets.                                         extraction.
Removal of Berth 1 Emergency      500 cy.............  Hydraulic rock                15            3      0.41742           19     0.277858            0
 Repair Tremie Concrete.                                hammering.
                                                                           -----------------------------------------------------------------------------
    Total Estimated Take........  ...................  ...................  ...........  ...........  ...........          704  ...........          244
--------------------------------------------------------------------------------------------------------------------------------------------------------


                Table 4--Calculated Take by Level A and Level B Harassment of Grey Seal by Project Activity for the Proposed Renewal IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                  Level A                   Level B
                                                                             production                harassment    Takes by    harassment    Take by
            Activity                  Total amount            Method         days under    Density        zone       Level A        zone       Level B
                                                                            renewal IHA                 (km\2\)     harassment    (km\2\)     harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center Wall--Install Foundation   20 drilled shafts..  Rotary Drill.......            6         0.02      0.00001            0      0.41742            1
 Support Piles.                                        Rotary Drill.......            6         0.02      0.00009            0      0.41742            1
                                                       Rotary Drill.......           10         0.02      0.00000            0      0.41742            1
                                                       Cluster drill DTH..          117         0.02      0.41742           10      0.41742            0
Center Wall--Install Tie-In to    16 sheet piles.....  Initial vibratory              4         0.02      0.00008            0      0.41742            0
 Existing West Closure Wall.                            set.                ...........  ...........  ...........  ...........  ...........  ...........
                                                       Impact.............            4         0.02      0.20116            0      0.41742            0
P-310 West Closure Wall--Remove   238 sheet piles....  Vibratory                     60         0.02      0.00002            0      0.41742            5
 Closure Wall.                                          extraction.
P-310 West Closure Wall--         985 cy.............  Hydraulic rock                77         0.02      0.41742            6     0.277858            0
 Mechanical Rock Excavation.                            hammering.
P-310 West Closure Wall--         Drill 500 relief     Mono-hammer DTH....           20         0.02      0.01455            0      0.41742            2
 Mechanical Rock Excavation.       holes.
West closure wall--Berth 11       Drill 28 shafts....  Mono-hammer DTH....           28         0.02      0.41742            2      0.41742            0
 Abutment--Install Piles.
Berth 11--Remove Shutter Panels.  112 panels.........  Hydraulic rock                10         0.02      0.41742            1     0.277858            0
                                                        hammering.
Berth 11 Face--Mechanical Rock    3,500 cy...........  Hydraulic rock                80         0.02      0.41742            7     0.277858            0
 Removal at Basin Floor.                                hammering.
Removal at Basin Floor..........  Drill 1,277 relief   Mono-hammer DTH....           37         0.02      0.01455            0      0.41742            3
                                   holes.
Berth 11 Face--Mechanical Rock    Drill 365 rock       Mono-hammer DTH....          183         0.02      0.41742           15      0.41742            0
 at Abutment.                      borings (1,220 cy).
Dry Dock 1 North Entrance--Drill  Drill 50 rock        Mono-hammer DTH....           25         0.02      0.00903            0      0.41742            2
 Tremie Tie Downs.                 anchors.
Dry Dock 1 North Entrance--       Install 48 sheet     Initial vibratory              6         0.02      0.00104            0      0.41742            1
 Install Temporary Cofferdam.      piles.               set.                ...........  ...........  ...........  ...........  ...........  ...........
                                                       Impact.............            6         0.02      0.36495            0     0.277858            0

[[Page 15989]]

 
Berth 1--Remove Sheet Piles.....  Remove 12 sheet      Hydraulic rock                 3         0.02      0.41742            0     0.277858            0
                                   piles.               hammering.
Berth 1 Mechanical Rock Removal   200 cy.............  Hydraulic rock                39         0.02      0.41742            3     0.277858            0
 at Basin Floor.                                        hammering.
Removal of Berth 1 Emergency      108 sheet piles....  Vibratory                     18         0.02      0.00014            0      0.41742            2
 Repair Sheets.                                         extraction.
Removal of Berth 1 Emergency      500 cy.............  Hydraulic rock                15         0.02      0.41742            1     0.277858            0
 Repair Tremie Concrete.                                hammering.
                                                                           -----------------------------------------------------------------------------
    Total Estimated Take........  ...................  ...................  ...........  ...........  ...........           45  ...........           18
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 5 summarizes the proposed take for authorization for all 
species described as a percentage of stock abundance.

                       Table 5--Proposed Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
                                                                  Proposed Level  Proposed Level    Percent of
              Species                        Stock (NEST)          A harassment    B harassment        stock
----------------------------------------------------------------------------------------------------------------
Harbor porpoise....................  Gulf of Maine/Bay of Fundy               10               2            <0.1
                                      (95,543).
Harbor seal........................  Western North Atlantic                  695             240            <0.1
                                      (61,336).
Gray seal..........................  Western North Atlantic                   45              18            <0.1
                                      (27,300).
Hooded seal........................  Western North Atlantic                    0               5            <0.1
                                      (593,500).
Harp seal..........................  Western North Atlantic (7.6               0               5            <0.1
                                      million).
----------------------------------------------------------------------------------------------------------------

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 initial IHA 
(April 6, 2022, 87 FR 19886), 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 delay pile driving activities should poor 
environmental conditions restrict full visibility of the applicable 
shutdown zones;
     The Navy must ensure that all construction supervisors and 
crews, the monitoring team, and relevant Navy staff are trained prior 
to commencing work;
     The Navy must implement a 10 m shutdown zone around 
construction activities to avoid direct physical interaction with 
marine mammals;
     The Navy must establish and implement shutdown and 
monitoring zones for all pile driving activities based on the activity 
type and marine mammal hearing group (see Table 13 in the FR Notice 
announcing the issuance of the initial IHA (April 6, 2022, 87 FR 19886) 
for the proposed shutdown and monitoring zones);
     The Navy must implement soft start techniques while impact 
driving whereby hammer energy is gradually ramped up;
     The Navy must install a bubble curtain across any openings 
at the entrance of super flood basin to attenuate sound for the sound 
sources that encompass the entire ROI, which include during DTH 
excavation (DTH mono-hammer and cluster drill), hydraulic rock 
hammering, and impact pile driving of sheet piles;
     The Navy must employ at least three protected species 
observers (PSOs) to monitor the shutdown and monitoring zones;
     The Navy must monitor for the presence of marine mammals 
30 minutes prior to the initial pile-driving activity (i.e., pre-start 
clearance monitoring) through 30 minutes post-completion of pile 
driving activity. If a marine mammal is observed entering or within the 
shutdown zones, pile driving will be delayed or halted;
     The Navy will delay or halt pile driving activities upon 
observation of either a species for which incidental take is not 
authorized or a species for which incidental take has been authorized 
but the authorized number of takes has been met, entering or within the 
harassment zone;
     The Navy will conduct a sound source verification study 
for rotary drilling, DTH excavation (DTH mono-hammer and cluster 
drill), and rock hammering activities for any remaining piles required 
to be monitored following their acoustic monitoring plan as

[[Page 15990]]

described in the FR Notice announcing the issuance of the initial IHA 
(April 6, 2022, 87 FR 19886);
     The Navy must submit a draft report detailing all 
monitoring within ninety calendar days of the completion of marine 
mammal monitoring or sixty days prior to the issuance of any subsequent 
IHA for this project, whichever comes first;
     The Navy must prepare and submit final report within 
thirty days following resolution of comments on the draft report 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.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA 
(March 3, 2022, 87 FR 11860) and solicited public comments on both our 
proposal to issue the initial IHA for the Navy's construction 
activities and on the potential for a renewal IHA, should certain 
requirements be met. During the 30-day public comment period, NMFS 
received no comments on either the proposal to issue the initial IHA 
for the Navy's construction activities or on the potential for a 
renewal IHA.

Preliminary Determinations

    The proposed renewal request consists of a subset of activities 
analyzed through the initial authorization 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). Although new SPL 
information became available for DTH and rock hammering, none of this 
new information affects NMFS' determinations supporting issuance of the 
initial IHA. 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

    No incidental take of ESA-listed species is authorized 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 construction activities associated 
with the multifunctional expansion of Dry Dock 1 project at Portsmouth 
Naval Shipyard in Kittery, from the date of issuance through March 31, 
2024, 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: March 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-05263 Filed 3-14-23; 8:45 am]
BILLING CODE 3510-22-P