82 FR 45828 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Submarine Base New London Pier Construction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

NMFS has received a request from the U.S. Navy (Navy) for authorization to take, by harassment, of marine mammals incidental to conducting pier construction at the Navy Submarine Base New London in Groton, Connecticut, beginning October 2018 and ending March 2022. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45828-45829]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF697


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Submarine Base New London Pier Construction

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. Navy (Navy) for 
authorization to take, by harassment, of marine mammals incidental to 
conducting pier construction at the Navy Submarine Base New London in 
Groton, Connecticut, beginning October 2018 and ending March 2022. 
Pursuant to the implementing regulations of the Marine Mammal 
Protection Act (MMPA), NMFS is announcing our receipt of the Navy's 
request for regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's application and request.

DATES: Comments and information must be received no later than November 
1, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits, Conservation and Education Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected].
    Instructions: NMFS is not responsible for email comments sent to 
addresses other than the one provided here. Comments sent via email, 
including all attachments, must not exceed a 10-megabyte file size. All 
comments received are a part of the public record and will generally be 
posted to www.nmfs.noaa.gov/pr/permits/incidental/construction.htm 
without change. All Personal Identifying Information (for example, 
name, address, etc.) 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: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

[[Page 45829]]

Availability

    An electronic copy of the Navy's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary 
of Commerce (Secretary) to allow, upon request, the incidental, but not 
intentional taking 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 or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the 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 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).
    The use of sound sources such as those described in the application 
(e.g., pile driving) may result in the take of marine mammals through 
disruption of behavioral patterns or may cause auditory injury of 
marine mammals. Therefore, incidental take authorization under the MMPA 
is warranted.

Summary of Request

    On March 22, 2017, NMFS received an application from the Navy 
requesting authorization to take a small number of harbor and gray 
seals, by Level A and Level B harassment, incidental to noise exposure 
resulting from conducting pier construction activities at the Navy 
Submarine Base New London in Groton, Connecticut, from October 2018 to 
March 2022. On August 31, 2017, NMFS deemed the application adequate 
and complete.

Description of the Specified Activity

    The proposed Submarine Base New London pier construction includes 
construction of the new Pier 32 and the demolishing of the existing 
Pier 32 and Pier 10. Structural support piles for Pier 32 would consist 
of approximately 120 concrete-filled steel pipe piles measuring 36 
inches in diameter. The piles would be driven between 40 feet (ft) 
below the mudline near the shore and 150 ft below the mudline at the 
end of the pier. Fender piles would also be installed and would consist 
of approximately 194 fiberglass-reinforced plastic piles measuring 16 
inches in diameter. Demolition of existing Pier 32 would include the 
removal by vibratory driver-extractor (hammer) of approximately 60 
steel piles from the temporary work trestle, 120 concrete-encased steel 
H-piles, and 70 steel H-piles. Fifty-six wood piles would be pulled 
with a sling. Demolition of Pier 10 would include the removal by 
vibratory hammer of 24 concrete-encased, steel H-piles and 166 cast-in-
place, reinforced concrete piles. Eight-four steel fender piles and 41 
wood piles would be pulled with a sling. A total of 440 piles would be 
removed by vibratory hammer for both piers and the work trestle.
    The in-water construction and demolition activities are anticipated 
to begin in October 2018 and take approximately 35 non-consecutive 
months to complete. However, the rule will cover a five-year period to 
encompass additional time should delays occur.
    A suite of proposed mitigation and monitoring measures for marine 
mammals that could potentially be taken during in-water construction 
activities includes: (1) Establishing and monitoring Level A and Level 
B zones with protected species observers (PSOs), (2) establishing a 10-
m shutdown and implementing shutdown measures with an animal is 
detected to approach the shutdown zone, and (3) limiting pile driving 
and pile removal activities during daylight hours only.

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 
Navy's request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's Submarine Base New London pier construction.

    Dated: September 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-21072 Filed 9-29-17; 8:45 am]
 BILLING CODE 3510-22-P