[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16731-16732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04905]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD717]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Naval Magazine Indian Island
Ammunition Wharf Maintenance and Pile Replacement Project, Puget Sound,
Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 16732]]
ACTION: Notice of issuance of letter 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 a Letter of Authorization (LOA) has been issued to the U.S. Navy
(Navy) for the take of marine mammals incidental to construction
activities at the Ammunition Wharf at Naval Magazine (NAVMAG) Indian
Island in Puget Sound, Washington.
DATES: LOA effective from October 1, 2024, until September 30, 2029.
ADDRESSES: The LOA and supporting documentation are available online
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-taking-marine-mammals-incidental-naval-magazine-indian-island. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Robert Pauline, 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 January 29, 2024, we issued a final rule upon request from the
Navy for authorization to take marine mammals incidental to
construction activities (89 FR 5674). The Navy plans to engage in
maintenance and pile replacement construction activities at NAVMAG.
This construction will include use of vibratory pile driving and
removal, and impact pile driving. The use of both vibratory and impact
pile driving is expected to produce underwater sound at levels that
have the potential to result in Levels A and B harassment of marine
mammals.
Authorization
We have issued a LOA to Navy authorizing the take of marine mammals
incidental to 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 area 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; (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; and (4) use of bubble curtains to attenuate
sound levels when impact driving steel piles. 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 this LOA
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: March 4, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-04905 Filed 3-7-24; 8:45 am]
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