[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Page 44111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14529]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD135]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Marine Structure Maintenance and Pile 
Replacement in Washington

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

ACTION: Notice of issuance of Letters of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that two Letters of Authorization (LOA) have been issued to the U.S. 
Navy (Navy) for the take of marine mammals incidental to maintenance 
construction activities at facilities in Washington.

DATES: The LOAs are effective from July 16, 2023, through January 15, 
2024, and from July 16, 2023, through February 15, 2024.

ADDRESSES: The LOAs and supporting documentation are available online 
at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On April 17, 2019, we issued a final rule upon request from the 
Navy for authorization to take marine mammals incidental to maintenance 
construction activities at six facilities in Washington (84 FR 15963). 
The Navy plans to conduct construction necessary for maintenance of 
existing in-water structures at the following facilities: Naval Base 
Kitsap (NBK) Bangor, NBK Bremerton, NBK Keyport, NBK Manchester, 
Zelatched Point, and Naval Station Everett (NS Everett). These repairs 
include use of impact and vibratory pile driving, including 
installation and removal of steel, concrete, plastic, and timber piles. 
The use of both vibratory and impact pile driving is expected to 
produce underwater sound at levels that have the potential to result in 
harassment of marine mammals.
    For the 2023-2024 in-water work season, the Navy requested issuance 
of LOAs for work planned at NBK Bremerton and NBK Bangor. The Navy 
submitted site-specific monitoring plans. Following NMFS review and 
approval of the required plans, we have issued the requested LOAs. The 
approved plans are available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-marine-structure-maintenance-and-pile-replacement-wa.

Authorization

    We have issued two LOAs to the Navy authorizing the take of marine 
mammals incidental to maintenance construction activities, as described 
above. Take of marine mammals will be minimized through the 
implementation of the following planned mitigation measures: (1) 
required monitoring of the construction areas to detect the presence of 
marine mammals before beginning construction activities; (2) shutdown 
of construction activities under certain circumstances to avoid injury 
of marine mammals; and (3) soft start for impact pile driving to allow 
marine mammals the opportunity to leave the area prior to beginning 
impact pile driving at full power. Additionally, the rule includes an 
adaptive management component that allows for timely modification of 
mitigation or monitoring measures based on new information, when 
appropriate. The Navy will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under these LOAs 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: July 5, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-14529 Filed 7-10-23; 8:45 am]
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