[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20493-20500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC893]


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; issuance of renewal incidental harassment authorization 
(IHA).

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given

[[Page 20494]]

that NMFS has issued a renewal incidental harassment authorization 
(IHA) to the U.S. Navy (Navy) to incidentally harass marine mammals 
incidental to construction activities associated with the 
multifunctional expansion of Dry Dock 1 project at Portsmouth Naval 
Shipyard in Kittery, Maine.

DATES: This renewal IHA is valid from April 1, 2023 through March 31, 
2024.

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 Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) 
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 
(as delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are issued or, if the taking is limited to 
harassment, an incidental harassment authorization is issued.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a renewal for this activity, and 
requested public comment on a potential renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time 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.

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 (87 FR 19886, April 
6, 2022), 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. There 
are no changes from the proposed authorization in this final 
authorization.

Description of the Specified Activities and Anticipated Impacts

    Multifunctional Expansion of Dry Dock 1 (P-381) is one of three 
projects that support the overall expansion and modification of Dry 
Dock 1, located in the western extent of the Portsmouth Naval Shipyard. 
The two 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 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

[[Page 20495]]

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 (88 
FR 3146, January 18, 2023).
    The purpose of this 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 will 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 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 (87 FR 19886, April 6, 2022);
     Initial 2022 Proposed IHA (87 FR 11860, March 3, 2022);
     Initial IHA application and References;
     Letter of Authorization (LOA) Application Addendum Memo 
(October 31, 2022); and
     2023 Proposed renewal IHA (88 FR 15982, March 15, 2023).
    All of these referenced documents are available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-portsmouth-naval-shipyard-kittery-maine.

Detailed Description of the Activity

    A detailed description of the construction activities for which 
take is authorized here may be found in the Federal Register notices of 
the proposed (87 FR 11860, March 3, 2022) and final (87 FR 19886, April 
6, 2022) IHAs for the initial authorization as well as in the LOA 
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 covered under the 
renewal IHA. This renewal IHA is effective for a period not exceeding 1 
year from the date of expiration of the initial IHA.

                                                 Table 1--Status of Pile Driving and Drilling Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      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.
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.

[[Page 20496]]

 
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.           ................  Mono-hammer DTH.   24 minutes/     ...........  ...........  ...........  ...........
                               Drill 46 rock     42-inch diameter                     hole.                    46            0       \5\ 24            0
                                borings (50 cy).  casing.                            2 borings/day;
                                                                                      5 hours/boring.
West Closure wall--Berth 11    Drill 28 shafts.  42-inch diameter  Mono-hammer DTH.  1 shaft/day; 10            0           28           28           28
 Abutment--Install Piles.                         casing.                             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.  Drill 1,277       4-6 inch holes..   hammering.       27 holes/day;            300          977           48           37
                                relief holes                       Mono-hammer DTH.   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 (88 FR 3146, January 18, 2023).
\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 (88 FR 3146, January 18).
\5\ An additional day was added to account for equipment repositioning.
\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.


[[Page 20497]]

Description of Marine Mammals in the Area of Specified Activities

    A description of the marine mammals in the area of the activities 
for which take is authorized 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 11860, March 3, 
2022). 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 authorized here may be found in the Federal 
Register notice of the proposed IHA for the initial authorization (87 
FR 11860, March 3, 2022). 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 Federal Register 
notices of the proposed (87 FR 11860, March 3, 2022) and final (87 FR 
19886, April 6, 2022) IHAs for the initial authorization as well as the 
Federal Register notice of the proposed renewal IHA (88 FR 15982, March 
15, 2023). 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 
(SPLs) to use when evaluating DTH systems and reevaluated the data 
available on rock hammering activities. Updates to recommended SPLs for 
these activities, however, did not result in any changes to the 
estimated take as described in the proposed renewal IHA (88 FR 15982, 
March 15, 2023).
    Tables 2, 3, and 4 provide the authorized 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 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 Federal Register notices 
of the proposed (87 FR 11860, March 3, 2022) and final (87 FR 19886, 
April 6, 2022) IHAs for the initial authorization for more 
information).

                  Table 2--Authorized Take by Level A and Level B Harassment of Harbor Porpoise by Project Activity for the 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.
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.............

[[Page 20498]]

 
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.............
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 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

[[Page 20499]]

 
                                                       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.                          4         0.02      0.20116            0      0.41742            0
                                                       Impact.............
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
                                                        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.                          6         0.02      0.36495            0      0.41742            0
                                                       Impact.............
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 authorized take for all species described as 
a percentage of stock abundance.

                           Table 5--Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
                                                                      Level A         Level B       Percent of
              Species                        Stock (NEST)           harassment      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 Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures included as 
requirements in the authorization are identical to those included in 
the FR Notice announcing the issuance of the initial IHA (87 FR 19886, 
April 6, 2022), 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 (87 FR 19886, April 6, 2022)

[[Page 20500]]

for the 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 described 
in the FR Notice announcing the issuance of the initial IHA (87 FR 
19886, April 6, 2022);
     The Navy must submit a draft report detailing all 
monitoring within 90 calendar days of the completion of marine mammal 
monitoring or 60 days prior to the issuance of any subsequent IHA for 
this project, whichever comes first;
     The Navy must prepare and submit final report within 30 
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

    A notice of NMFS' proposal to issue a renewal IHA to the Navy was 
published in the Federal Register on March 15, 2023 (88 FR 15982). That 
notice either described, or referenced descriptions of, the applicant's 
activity, the marine mammal species that may be affected by the 
activity, the anticipated effects on marine mammals and their habitat, 
estimated amount and manner of take, and proposed mitigation, 
monitoring and reporting measures. NMFS received two comments that were 
not relevant to the scope of the proposed action. No other comments 
were received.

Determinations

    The 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 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.

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 determined that the application of this categorical 
exclusion remains appropriate for this renewal IHA.

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 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.

Renewal

    NMFS has issued a renewal IHA to the Navy for the take of marine 
mammals incidental to construction activities associated with the 
multifunctional expansion of Dry Dock 1 project at Portsmouth Naval 
Shipyard in Kittery, Maine, effective through March 31, 2024.

    Dated: March 31, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-07164 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-22-P