[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8048-8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03213]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE432
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Waterfront Construction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letters of Authorization;
request for comments and information.
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SUMMARY: NMFS' Office of Protected Resources has received a request
from the U.S. Navy (Navy) for authorization to take small numbers of
marine mammals incidental to conducting waterfront construction, over
the course of five 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 March
18, 2016.
[[Page 8049]]
ADDRESSES: Comments on the applications 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
www.nmfs.noaa.gov/pr/permits/incidental/research.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: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the Navy's application may be obtained by
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. The Navy is concurrently releasing a draft
Environmental Assessment, prepared pursuant to requirements of the
National Environmental Policy Act, for the conduct of the construction
projects. A copy of the draft EA, which would also support our proposed
rulemaking under the MMPA, is available at the same Web site.
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are
issued.
Incidental taking shall be allowed if NMFS finds that the taking
will have a negligible impact on the species or stock(s) affected and
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for taking for subsistence uses, and if the
permissible methods of taking and requirements pertaining to the
mitigation, monitoring and reporting of such taking 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.'' 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 January 19, 2016, NMFS received an adequate and complete
application from the Navy requesting authorization for take of marine
mammals incidental to waterfront construction conducted by the Navy.
The requested regulations would be valid for five years, from July 12,
2017, through July 11, 2022. The Navy plans to conduct work necessary
to maintain existing waterfront structures as well as to construct new
structures at Naval Submarine Base Kings Bay, GA (NSB Kings Bay). The
proposed action may incidentally expose marine mammals occurring in the
vicinity to elevated levels of underwater sound, thereby resulting in
incidental take, by Level B harassment only. Therefore, the Navy
requests authorization to incidentally take marine mammals.
Specified Activities
To ensure the Navy can continue its mission of supporting the Fleet
Ballistic Missile System and Trident Submarine Program, the Navy
proposes to repair (including direct repairs and repairs by component
replacement) in-water structures at NSB Kings Bay, construct a new
Transit Protection System Operational Support Facility, and extend the
existing Layberth Pier. These repairs, upgrades, and new construction
would (1) address critical damage and mission and safety requirements,
(2) limit further deterioration and increase the useful life of the
structures, and/or (3) upgrade infrastructure to meet requirements of
new submarine technology. Construction will include use of impact and
vibratory pile driving, including installation and removal of steel,
concrete, and timber piles.
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: February 11, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2016-03213 Filed 2-16-16; 8:45 am]
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