[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Pages 63904-63905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25405]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD568
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 eight
species of marine mammals incidental to pile driving activities
associated with the Elliott Bay Seawall Project (EBSP).
DATES: Effective from October 22, 2014, through October 21, 2015.
ADDRESSES: The LOA and supporting documentation are available for
review on the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. 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: Ben Laws, 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
richardii), California sea lions (Zalophus californianus), Steller sea
lions (Eumetopias jubatus monteriensis), harbor porpoise (Phocoena
phocoena vomerina), Dall's porpoise (Phocoenoides dalli dalli),
southern resident and transient killer whales (Orcinus orca), gray
whales (Eschrichtius robustus), and humpback whales (Megaptera
novaeangliae), 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 first issued an LOA, effective
from October 22, 2013, through October 21, 2014. SDOT conducted
activities as described, implemented the required mitigation measures,
and conducted the required monitoring. The total number of potentially
harassed marine mammals was well below the authorized limits, with the
exception of the California sea lion. The reported take for California
sea lion, by Level B harassment only, exceeded the annually authorized
level by a small amount (186 versus 175). This overage does not affect
the negligible impact, small numbers, and subsistence findings. In
examining the proposed and final rules, we determined that an error was
made in estimating take of California sea lions. We plan to correct
that error through notification and opportunity for public comment in
the Federal Register. Once corrected, the amount of take will not
likely exceed authorized levels and we expect the correction will be
made before SDOT approaches the amount authorized in the current
subject LOA.
[[Page 63905]]
Authorization
NMFS has issued an LOA to SDOT authorizing the Level B harassment
of marine mammals incidental to pile driving activities associated with
the Elliott Bay Seawall Project at Seattle, Washington. 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. 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.
Issuance of this LOA is based on the results of the monitoring
report, which verifies that the total number of potentially harassed
marine mammals was below the authorized limits, with the exception of
the California sea lion (as discussed above). 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. No injury, serious injury, or mortality of affected species is
anticipated.
Dated: October 21, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-25405 Filed 10-24-14; 8:45 am]
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