[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Pages 69072-69073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27465]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BC69
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Elliott Bay Seawall Project in Seattle, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a 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 City of
Seattle's Department of Transportation (SDOT) for the take of nine
species of marine mammals incidental to pile driving activities
associated with the Elliott Bay Seawall Project (EBSP).
DATES: Effective from October 22, 2013, through October 21, 2014.
ADDRESSES: The LOA and supporting documentation are available for
review on the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may also be
viewed, by appointment, during regular business hours at the Office of
Protected Resources, National Marine Fisheries Service 1315 East-West
Highway, Silver Spring, MD 20910-3225, by telephoning the contact
listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of
Protected Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
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. Under the MMPA, the term
``take'' means to harass, hunt, capture, or kill, or attempt to harass,
hunt, capture, or kill marine mammals.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the identified 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 in the regulations. 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.''
Regulations governing the taking of harbor seals (Phoca vitulina),
California sea lions, Steller sea lions (Eumetopias jubatus), harbor
porpoise, Dall's porpoise, southern resident and transient killer
whales, gray whales, and humpback whales, by harassment, incidental to
pile driving activities in Elliott Bay, were issued on October 21, 2013
(78 FR 63396, October 24, 2013), and remain in effect until October 21,
2018. For detailed information on this action, please refer to that
document. The regulations include mitigation, monitoring, and reporting
requirements for the incidental take of marine mammals during pile
driving activities associated with the Elliott Bay Seawall.
Pursuant to those regulations, NMFS issued an LOA, effective from
October 22, 2013, through October 21, 2014, which authorizes the
incidental take of the nine marine mammal species listed above that may
result from construction associated with the Elliott Bay Seawall
project. Take of marine mammals will be minimized through
implementation of the following mitigation measures: (1) Limited impact
pile driving; (2) containment of impact pile driving; (3) additional
sound attenuation measures; (4) ramp-up of pile-related activities; (5)
marine mammal exclusion zones; and (6) shutdown and delay procedures.
[[Page 69073]]
SDOT will also conduct visual monitoring and underwater acoustic
monitoring for mitigation and research purposes.
Reports will be submitted to NMFS at the time of request for a
renewal of the LOA, and a final comprehensive report, which will
summarize all previous reports and assess cumulative impacts, will be
submitted before the rule expires. This LOA will be renewed based on
review of the annual monitoring report and provided that NMFS makes the
required findings.
Dated: November 12, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-27465 Filed 11-15-13; 8:45 am]
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