[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65214-65215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE252


Takes of Marine Mammals Incidental to Specified Activities; 
Rehabilitation of the Jetty System at the Mouth of the Columbia River, 
Washington and Oregon

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, Portland District (Corps) for authorization to take marine 
mammals incidental to the rehabilitation of the jetty system at the 
mouth of the Columbia River (MCR) including the North Jetty, South 
Jetty, and Jetty A. The Corps is requesting a Letter of Authorization 
(LOA) for pile installation and removal associated with construction of 
temporary offloading facilities at the North Jetty, South Jetty, and 
Jetty A over the course of 5 years; approximately September 2017 
through August 2022. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of the Corps' 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on the Corps' application and request.

DATES: Comments and information must be received no later than November 
25, 2015.

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 to the Internet at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm 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: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of the Corps' application may be obtained by writing to the 
address specified above (see ADDRESSES), telephoning the contact listed 
above (see

[[Page 65215]]

FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm

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 by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified area, the incidental, but not intentional, 
taking of small numbers of marine mammals, providing that certain 
findings are made and the necessary prescriptions are established.
    The incidental taking of small numbers of marine mammals may be 
allowed only if NMFS (through authority delegated by the Secretary) 
finds that the total taking by the specified activity during the 
specified time period will (i) have a negligible impact on the species 
or stock(s) and (ii) not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). Further, the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such taking 
must be set forth, either in specific regulations or in an 
authorization.
    The allowance of such incidental taking under section 101(a)(5)(A), 
by harassment (which is defined to include behavioral harassment and 
injury), serious injury, death, or a combination thereof, requires that 
regulations be promulgated for the specific activity. Subsequently, a 
Letter of Authorization may be issued pursuant to the prescriptions 
established in such regulations, providing that the level of taking 
will be consistent with the findings made for the total taking 
allowable under the specific regulations. Under section 101(a)(5)(D), 
NMFS may authorize such incidental taking by harassment only, for 
periods of not more than one year, pursuant to requirements and 
conditions contained within an IHA. The proposed incidental take 
authorization and establishment of prescriptions through either 
specific regulations or an IHA requires notice and opportunity for 
public comment.
    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, section 3(18) of 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].''
    Activities such as those described in the application (e.g., pile 
driving) may result in the disturbance of marine mammals through 
disruption of behavioral patterns

Summary of Request

    On February 13, 2015, NMFS received an application for a single 
multi-year project for the taking of marine mammals incidental to the 
rehabilitation of the North Jetty, South Jetty, and Jetty A at the MCR. 
NMFS issued an incidental harassment authorization (IHA) for the first 
year of the project on August 31, 2015 (80 FR 53777 September 8, 2015) 
allowing the take of specified marine mammals for work associated with 
the reconstruction of Jetty A only. The IHA is valid from May 1, 2016 
through April 30, 2017. The Corps is seeking an LOA for this same 
project that would cover in-water work associated with continuation of 
Jetty A reconstruction as well as reconstruction of the North Jetty and 
South Jetty. The Corps has requested regulations to be effective for 
the period from approximately summer of 2017 through 2022. The Corps 
requested authorization to take marine mammals by Level B harassment 
only: Killer whale (Orcinus orca), Steller sea lion (Eumatopius 
jubatus), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena 
phocoena), California sea lion (Zalophus californianus), and harbor 
seal (Phoca vitulina richardii).

Specified Activities

    The Corps is proposing to conduct monitoring actions, repairs, and 
rehabilitation of the three rubble-mound jetty structures at the MCR. 
The three structures are referred to as North Jetty, South Jetty, and 
Jetty A. Initial work on Jetty A will be covered by an IHA which has 
already been issued. The Corps is requesting a LOA for remaining pile 
repairs and removal actions at Jetty A, for pile installation and 
removal at North Jetty, and for pile installation and removal at South 
Jetty. Pile installation and removal activities are required as part of 
the construction of four temporary barge offloading facilities. These 
facilities combined will require up to 96 piles with a maximum diameter 
of 24-inches and up to 373 sections of Z-piles to retain rock fill. 
They will be installed via vibratory installation. A full description 
of the activities proposed by the Corps is described in the 
application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Corps' request (see ADDRESSES). All 
information, suggestions, and comments related to The Corps' request 
and NMFS' potential development and implementation of regulations 
governing the incidental taking of marine mammals by the Corps will be 
considered by NMFS in developing, if appropriate, regulations governing 
the issuance of letters of authorization.

    Dated: October 20, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-27104 Filed 10-23-15; 8:45 am]
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