[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Notices]
[Pages 18605-18606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD498]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Construction at Naval Station Norfolk in 
Norfolk, Virginia

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

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy for 
authorization to take small numbers of marine mammals incidental to 
construction activities associated with the replacement of the Q8 
bulkhead at Naval Station Norfolk over the course of 5 years from the 
date of issuance. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals. NMFS invites the public to 
provide information, suggestions, and comments on the Navy's 
application and request.

DATES: Comments and information must be received no later than April 
15, 2024.

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]. An electronic copy of the Navy's application may 
be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing the document, please call the 
contact listed below.
    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. All comments received are a part of 
the public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities 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: Craig Cockrell, 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 (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

[[Page 18606]]

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 incidental take authorization 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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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 September 14, 2022, NMFS received an application from the Navy 
requesting authorization for take of marine mammals incidental to 
construction activities related to demolition and construction 
activities associated with the replacement of the Q8 bulkhead at Naval 
Station Norfolk. Following NMFS' review of the application, the Navy 
provided responses to our questions on December 15, 2023. A revised 
version of the application was submitted on January 5, 2024 and the 
application was deemed adequate and complete on February 23, 2024. The 
requested regulations would be valid for 5-years, from January 1, 2025 
through December 31, 2029. The Navy plans to conduct necessary work, 
including vibratory pile driving and removal and impact pile driving to 
remove aging components of the bulkhead and replacing the tongue and 
groove sheet piles between Piers 11 and 14 and areas to the north of 
Pier 14. The proposed action may incidentally expose marine mammals 
occurring in the vicinity to elevated levels of underwater sound, 
potentially resulting in incidental take, by Level B harassment. 
Therefore, the Navy requests an authorization to incidentally take 
marine mammals.

Specified Activities

    The Navy is proposing to remove old components of the Q8 bulkhead 
at Naval Station Norfolk and replace those with new to maintain the use 
and lifespan of the bulkhead from Pier 11 to the northern jetty just 
past Pier 14. Work would be conducted over three phases. The entire 
project scope includes the removal of 378 existing piles from the old 
bulkhead and installation of 836 piles to construct the new bulkhead 
structure. The Navy expects construction will require approximately 212 
in-water workdays over the 5-year period.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by the Navy, if appropriate.

    Dated: March 11, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-05465 Filed 3-13-24; 8:45 am]
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