81 FR 8048 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront Construction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 31 (February 17, 2016)

Page Range		8048-8049
FR Document		2016-03213

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.

Federal Register, Volume 81 Issue 31 (Wednesday, February 17, 2016)

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8048-8049]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices 8049

ADDRESSES: Comments on the taking for subsistence uses, and if the use of impact and vibratory pile driving,
applications should be addressed to permissible methods of taking and including installation and removal of
Jolie Harrison, Chief, Permits and requirements pertaining to the steel, concrete, and timber piles.
Conservation Division, Office of mitigation, monitoring and reporting of
Information Solicited
Protected Resources, National Marine such taking are set forth.
Fisheries Service. Physical comments NMFS has defined ‘‘negligible Interested persons may submit
should be sent to 1315 East-West impact’’ in 50 CFR 216.103 as ‘‘an information, suggestions, and comments
Highway, Silver Spring, MD 20910 and impact resulting from the specified concerning the Navy’s request (see
electronic comments should be sent to activity that cannot be reasonably ADDRESSES). NMFS will consider all
ITP.Laws@noaa.gov. expected to, and is not reasonably likely information, suggestions, and comments
Instructions: NMFS is not responsible to, adversely affect the species or stock related to the request during the
for comments sent by any other method, through effects on annual rates of development of proposed regulations
to any other address or individual, or recruitment or survival.’’ Except with governing the incidental taking of
received after the end of the comment respect to certain activities not pertinent marine mammals by the Navy, if
period. Comments received here, the MMPA defines ‘‘harassment’’ appropriate.
electronically, including all as: ‘‘any act of pursuit, torment, or Dated: February 11, 2016.
attachments, must not exceed a 25- annoyance which (i) has the potential to Perry F. Gayaldo,
megabyte file size. Attachments to injure a marine mammal or marine Deputy Director, Office of Protected
electronic comments will be accepted in mammal stock in the wild [Level A Resources, National Marine Fisheries Service.
Microsoft Word or Excel or Adobe PDF harassment]; or (ii) has the potential to [FR Doc. 2016–03213 Filed 2–16–16; 8:45 am]
file formats only. All comments disturb a marine mammal or marine
BILLING CODE 3510–22–P
received are a part of the public record mammal stock in the wild by causing
and will generally be posted to the disruption of behavioral patterns,
Internet at www.nmfs.noaa.gov/pr/ including, but not limited to, migration, DEPARTMENT OF COMMERCE
permits/incidental/research.htm breathing, nursing, breeding, feeding, or
without change. All personal identifying sheltering [Level B harassment].’’ National Telecommunications and
information (e.g., name, address) Summary of Request Information Administration
voluntarily submitted by the commenter
On January 19, 2016, NMFS received Proposed Information Collection;
may be publicly accessible. Do not
an adequate and complete application Comment Request; State and Local
submit confidential business
from the Navy requesting authorization Implementation Grant Program
information or otherwise sensitive or
for take of marine mammals incidental Closeout Documentation
protected information. to waterfront construction conducted by
FOR FURTHER INFORMATION CONTACT: Ben the Navy. The requested regulations AGENCY: National Telecommunications
Laws, Office of Protected Resources, would be valid for five years, from July and Information Administration,
NMFS, (301) 427–8401. 12, 2017, through July 11, 2022. The Commerce.
SUPPLEMENTARY INFORMATION: Navy plans to conduct work necessary ACTION: Notice.
to maintain existing waterfront SUMMARY: The Department of
Availability
structures as well as to construct new Commerce, as part of its continuing
An electronic copy of the Navy’s structures at Naval Submarine Base effort to reduce paperwork and
application may be obtained by visiting Kings Bay, GA (NSB Kings Bay). The respondent burden, invites the general
the Internet at: www.nmfs.noaa.gov/pr/ proposed action may incidentally public and other Federal agencies to
permits/incidental/construction.htm. expose marine mammals occurring in take this opportunity to comment on
The Navy is concurrently releasing a the vicinity to elevated levels of proposed and/or continuing information
draft Environmental Assessment, underwater sound, thereby resulting in collections, as required by the
prepared pursuant to requirements of incidental take, by Level B harassment Paperwork Reduction Act of 1995.
the National Environmental Policy Act, only. Therefore, the Navy requests
for the conduct of the construction DATES: Written comments must be
authorization to incidentally take
projects. A copy of the draft EA, which marine mammals. submitted on or before April 18, 2016.
would also support our proposed ADDRESSES: Direct all written comments
rulemaking under the MMPA, is Specified Activities to Jennifer Jessup, Departmental
available at the same Web site. To ensure the Navy can continue its Paperwork Clearance Officer,
mission of supporting the Fleet Ballistic Department of Commerce, Room 6616,
Background Missile System and Trident Submarine 14th and Constitution Avenue NW.,
Section 101(a)(5)(A) of the MMPA (16 Program, the Navy proposes to repair Washington, DC 20230 (or via the
U.S.C. 1361 et seq.) directs the Secretary (including direct repairs and repairs by Internet at jjessup@doc.gov).
of Commerce (Secretary) to allow, upon component replacement) in-water FOR FURTHER INFORMATION CONTACT:
request, the incidental, but not structures at NSB Kings Bay, construct Requests for additional information or
intentional, taking of small numbers of a new Transit Protection System copies of the information collection
marine mammals by U.S. citizens who Operational Support Facility, and instruments and instructions should be
engage in a specified activity (other than extend the existing Layberth Pier. These sent to Michael Dame,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

commercial fishing) if certain findings repairs, upgrades, and new construction Telecommunications Policy Specialist,
are made and regulations are issued. would (1) address critical damage and Office of Public Safety Communications,
Incidental taking shall be allowed if mission and safety requirements, (2) National Telecommunications and
NMFS finds that the taking will have a limit further deterioration and increase Information Administration, U.S.
negligible impact on the species or the useful life of the structures, and/or Department of Commerce, 1401
stock(s) affected and will not have an (3) upgrade infrastructure to meet Constitution Avenue NW., Room 4078,
unmitigable adverse impact on the requirements of new submarine Washington, DC 20230 (or via email at
availability of the species or stock(s) for technology. Construction will include mdame@ntia.doc.gov).

VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1

Document Created: 2016-02-17 01:16:49
Document Modified: 2016-02-17 01:16:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; receipt of application for Letters of Authorization; request for comments and information.
Dates		Comments and information must be received no later than March 18, 2016.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 8048
RIN Number		0648-XE43

81 FR 8048 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront Construction

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 31 (February 17, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration