[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 41941-41942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10423]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD929]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Lower Columbia River Dredged Material Management 
Plan, Oregon and Washington

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. Army Corps of 
Engineers (USACE), Portland District, for authorization to take, by 
Level A and Level B harassment only, small numbers of marine mammals 
incidental to the Lower Columbia River (LCR) Dredged Material 
Management Plan (DMMP), in Oregon and Washington, for a period of 5 
years from November 2028 through February 2032. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of USACE'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 USACE's application and request.

DATES: Comments and information must be received no later than June 13, 
2024.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent 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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic 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/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.
    An electronic copy of USACE'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 these documents, please call the contact listed 
below.

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 (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, 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 immitigable 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 October 18, 2023, NMFS received an application from the USACE 
requesting authorization for take of marine mammals incidental to in-
water construction activities associated with the LCR DMMP in Oregon 
and Washington between River Mile (RM) 23 and RM 36. We provided 
comments on the application and the USACE submitted a revised version 
on February 27, 2024. We deemed the application adequate and complete 
on April 25, 2024. The requested regulations under which we would issue 
the requested

[[Page 41942]]

LOA would be valid for 5 years, November 2028 through February 2032. 
The USACE plans to construct new structures with pilings in the Lower 
Columbia River. The full DMMP includes proposed dredging and placement 
operations between RM 3 and RM 105.5. However, the scope of this 
request for a LOA is limited to potential pile driving that would be 
associated with any new structures installed under the DMMP which would 
occur between RM 23 and RM 36. In-water impact and vibratory pile 
driving of steel and timber piles may incidentally expose marine 
mammals to elevated levels of noise, thereby resulting in incidental 
take, by Level A and Level B harassment only. Therefore, the USACE 
requests authorization to incidentally take marine mammals.

Specified Activities

    The purpose of the proposed project is to maintain the authorized 
LCR Federal Navigation Channel depth and width for a minimum of 20 
years in the least cost, operationally feasible, and environmentally 
acceptable manner in order to provide continued reliable, safe, and 
efficient transportation of waterborne commerce and uninterrupted 
transit for fully loaded vessels in the LCR. The USACE anticipates 141 
in-water work days will be required to install approximately 1,029, 12-
inch timber piles and 1,038, 24-inch steel piles via impact and 
vibratory driving over 5 years. The number of in-water work days per 
year would range from 1 (Year 2) to 51 (Year 5). Take by Level A and 
Level B harassment has been requested for harbor seal (Phoca vitulina 
richardii), Steller sea lion (Eumetopias jubatus), and California sea 
lion (Zalophus californianus). The USACE's application contains 
mitigation and monitoring measures designed to reduce impacts to marine 
mammals. The application also contains proposed marine mammal 
monitoring and reporting plans.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning USACE'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 USACE, if appropriate.

    Dated: May 7, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-10423 Filed 5-13-24; 8:45 am]
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