83 FR 14443 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 65 (April 4, 2018)

NMFS has received a request from the U.S. Navy (Navy) for an incidental harassment authorization (IHA) that would cover a subset of the take authorized in an IHA previously issued to the Navy to incidentally take bottlenose dolphins, by Level B harassment only, during construction activities associated with a wharf recapitalization project at Bravo Wharf, Naval Station Mayport, Florida. The project has been delayed, such that only a subset of the work covered in the 2017 IHA has been completed and, therefore, the Navy requested that an IHA be issued to cover the remainder of their work. NMFS is proposing to issue a second IHA to cover the remainder of the incidental take analyzed and authorized in the first IHA. The authorized take numbers would be adjusted (i.e., reduced) to account for the reduction in work (because a subset was already completed) and a revision of the source level based on a recent measurement, and the required mitigation, monitoring, and reporting would remain the same as authorized in the 2017 IHA referenced above. NMFS is requesting comments on its proposal to issue this IHA to incidentally take marine mammals during the Navy's specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14443-14447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06772]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG131


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization 
Project

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for an 
incidental harassment authorization (IHA) that would cover a subset of 
the take authorized in an IHA previously issued to the Navy to 
incidentally take bottlenose dolphins, by Level B harassment only, 
during construction activities associated with a wharf recapitalization 
project at Bravo Wharf, Naval Station Mayport, Florida. The project has 
been delayed, such that only a subset of the work covered in the 2017 
IHA has been completed and, therefore, the Navy requested that an IHA 
be issued to cover the remainder of their work. NMFS is proposing to 
issue a second IHA to cover the remainder of the incidental take 
analyzed and authorized in the first IHA. The authorized take numbers 
would be adjusted (i.e., reduced) to account for the reduction in work 
(because a subset was already completed) and a revision of the source 
level based on a recent measurement, and the required mitigation, 
monitoring, and reporting would remain the same as authorized in the 
2017 IHA referenced above. NMFS is requesting comments on its proposal 
to issue this IHA to incidentally take marine mammals during the Navy's 
specified activities. NMFS will consider public comments prior to 
making any final decision on the issuance of the requested MMPA 
authorization and agency responses will be summarized in the final 
notice of our decision.

DATES: Comments and information must be received no later than May 4, 
2018.

ADDRESSES: Comments 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 online at https://www.fisheries.noaa.gov/node/23111 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: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 427-8438. Electronic copies of the original 
application and supporting documents (including NMFS FR notices of the 
original proposed and final authorizations), as well as a list of the 
references cited in this document, may be obtained online at https://www.fisheries.noaa.gov/node/23111. In case of problems accessing these 
documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) 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 or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An 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 takings 
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

[[Page 14444]]

not reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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).

National Environmental Policy Act

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as implemented by the regulations published 
by the Council on Environmental Quality (40 CFR parts 1500-1508), the 
Navy prepared an Environmental Assessment (EA) to consider the direct, 
indirect and cumulative effects to the human environment resulting from 
the Bravo Wharf recapitalization project. NMFS made the Navy's EA 
available to the public for review and comment, in relation to its 
suitability for adoption by NMFS in order to assess the impacts to the 
human environment of issuance of an IHA to the Navy. Also in compliance 
with NEPA and the CEQ regulations, as well as NOAA Administrative Order 
216-6, NMFS has reviewed the Navy's EA, determined it to be sufficient, 
and adopted that EA and signed a Finding of No Significant Impact 
(FONSI) in July, 2016. The 2016 NEPA documents are available at https://www.fisheries.noaa.gov/node/23111.
    Since this proposed IHA covers a subset of the same work covered in 
a former IHA, NMFS is preliminarily proposing to rely on this same EA 
and FONSI document. However, we will review all comments submitted in 
response to this notice prior to concluding our NEPA process or making 
a final decision on the current IHA request.

History of Request

    On July 21, 2015, we received a request from the Navy for 
authorization of the taking, by Level B harassment only, of marine 
mammals incidental to pile driving (predominantly vibratory pile 
driving, with a small amount of impact pile driving as a contingency 
plan in case of difficult piles) in association with the Bravo Wharf 
Recapitalization Project at Naval Station Mayport, Florida. A final 
version of the application, which we deemed adequate and complete, was 
submitted on November 17, 2015. We published a notice of a proposed IHA 
and request for comments on December 7, 2015 (80 FR 75978), and 
subsequently published final notice of our issuance of the IHA on 
August 9, 2016 (81 FR 52637). In-water work associated with the project 
was expected to be completed within the one-year timeframe of the IHA 
(effective dates originally December 1, 2016 through November 30, 
2017). The specified activities are expected to result in the take of 
individuals from four stocks of bottlenose dolphins (Tursiops 
truncatus).
    On January 23, 2017, the Navy informed NMFS that no work had been 
performed relevant to the specified activity considered in the MMPA 
analysis. On February 22, 2017, we published a notice of a revision of 
the IHA (82 FR 11344), revising the effective authorization dates from 
March 13, 2017, through March 12, 2018.
    On December 5, 2017, the Navy informed NMFS that construction had 
not yet begun on one of two construction phases authorized under the 
revised IHA. The Navy attributed delays in progress and inaccuracies in 
original construction planning due to a combination of: (1) Rain 
delays, hurricane preparation, and Hurricane Irma, (2) Inefficiencies 
by the contractor, and (3) Activities influenced by tides, originally 
unaccounted for in the schedule.
    On January 9, 2018, the Navy formally requested that NMFS issue an 
IHA for one year from May 14, 2018, to May 13, 2019 in order to 
complete a subset of the construction activity previously covered by 
the 2017 IHA.
    Because this IHA will cover a subset of the take already analyzed 
and authorized through the previous IHA, we primarily refer back to our 
previous documents and analysis, which remain germane, and describe any 
changes here.

Description of the Proposed Activity and Anticipated Impacts

    The 2017 IHA covered the installation of 880 single sheet piles 
installed with a vibratory hammer over 110 days and 20 days of 
contingency impact driving, for a total of up to 130 construction days. 
The 2017 IHA authorized the Level B harassment of 370 bottlenose 
dolphins (330 takes from vibratory pile driving, 40 from impact pile 
driving), which could occur to any of the four stocks in the area. The 
Navy did not complete that work, and now requests that this second IHA 
cover the installation of the remaining 356 steel sheet piles over the 
course of 43 pile-driving days, plus 10 contingency impact driving 
days, for a total of 53 days.
    To support public review and comment on the IHA that NMFS is 
proposing to issue here, we refer to the documents related to the 
previously issued IHA as well as discussing any new or changed 
information. These previous documents include the Federal Register 
notice of the issuance of the 2017 IHA for the Navy's Bravo Wharf (82 
FR 11344, February 22, 2017), the Navy's application, the Federal 
Register notice of the proposed IHA (81 FR 52637; December 1, 2016), 
and all associated references and documents.
    Detailed Description of the Action--A detailed description of the 
proposed vibratory and impact pile driving activities at Bravo Wharf is 
found in these previous documents. The location, timing (e.g., lack of 
seasonality), and nature of the pile driving operations, including the 
type and size of piles and the methods of pile driving, are identical 
to those described in the previous notices, except that only a subset 
of the number of piles are proposed to be driven here (356 piles over 
53 days, versus 880 over 130 days).
    Description of Marine Mammals--A description of the marine mammals 
in the area of the activities is found in these previous documents, 
which remains applicable to this IHA as well. In addition, NMFS has 
reviewed recent draft Stock Assessment Reports (SARs), information on 
relevant Unusual Mortality Events, and recent scientific literature, 
and determined that no new information affects our original analysis of 
impacts under the current IHA. Since issuing the 2017 IHA, NMFS 
published draft SARs (82 FR 60181; 19 December 2017). In the draft 
SARs, stock abundance information has preliminary changed for species 
that have the potential to occur in the activity area but for which 
take is not anticipated or authorized, which includes North Atlantic 
right whales and humpback whales. Abundance has changed for two stocks 
of bottlenose dolphins for which take is authorized: the Western North 
Atlantic, Northern Florida Coastal, and the Western North Atlantic, 
southern migratory coastal stocks. However, proposed abundance changes 
do not affect our estimated take numbers or negligible impact and small 
numbers determinations, and therefore these changes do not affect our 
analysis.
    Potential Effects on Marine Mammals--A description of the

[[Page 14445]]

potential effects of the specified activities on marine mammals and 
their habitat is found in these previous documents, which remains 
applicable to this IHA. There is no new information on potential 
effects.
    Estimated Take--A description of the methods and inputs used to 
estimate take anticipated to occur and, ultimately, the take that was 
authorized is found in these previous documents. The methods of 
estimating take are identical to those used in the previous IHA, as is 
the density of marine mammals. One input into the take estimate, the 
source levels, was changed to reflect newer information. The original 
IHA reflected a vibratory pile driving source level of 151 decibels 
(dB) root mean square (rms), but more recent measurements (measurements 
of vibratory driving of steel sheet piles during the first year of 
construction at nearby Wharf C-2 at Naval Station Mayport (DoN 2015) 
support a higher source level (156 dB rms). The impact pile driving 
source level of was also corrected from 189 dB rms to 190 rms (CalTrans 
2015). The Navy modified their take estimates to reflect these newer 
values, which NMFS used for issuance of another IHA at Bravo Wharf (83 
FR 9287; March 5, 2018). Using the same take estimate methodology 
described in the 2017 IHA and the updated source levels (which extends 
the vibratory pile driving Level B harassment isopleth from 1,166 
meters (m) to 2,512 m, and the impact pile driving Level B harassment 
isopleth from 858 m to 1000 m), the Navy has requested 242 Level B 
harassment takes of bottlenose dolphins during vibratory driving and 22 
during impact driving, for a total of 264 requested Level B bottlenose 
dolphin takes, which NMFS agrees is an accurate estimate of incidental 
take that may occur.. There are four stocks of bottlenose dolphins to 
which takes could accrue: Jacksonville Estuarine System; Western North 
Atlantic, northern Florida coastal; Western North Atlantic, offshore; 
and Western North Atlantic, southern migratory coastal.
    The change in source levels results in only minimal changes to 
Level A Harassment zones (it is still less than 2 m for mid-frequency 
species and increased slightly from 40 m to 46 m for low frequency 
species during impact driving) and our conclusions remain unchanged. 
Level A incidental take is not expected to occur for the same reasons 
discussed in the previous documents (combination of improbability of 
animals entering the small zone and the expected effectiveness of the 
mitigation) and none is proposed for authorization.
    Description of Proposed Mitigation, Monitoring and Reporting 
Measures--A description of proposed mitigation, monitoring, and 
reporting measures is found in the previous documents, which are 
identical in this proposed IHA. In summary, mitigation includes soft 
start techniques, as well as a 15-m shutdown zone for vibratory pile 
driving and 40-m shutdown for impact pile driving. Two trained 
observers will monitor to implement shutdowns and collect information.
    On January 9, 2018, the Navy submitted a monitoring report for 
construction that had been completed under the 2017 IHA. The Navy 
complied with all mitigation, monitoring, and reporting protocols. 
Recorded takes were below the number authorized for the corresponding 
amount of work. The monitoring report can be viewed on NMFS's website 
at https://www.fisheries.noaa.gov/node/23111.

Preliminary Determinations

    The Navy proposes to conduct a subset of activities identical to 
those covered in the previous 2017 IHA, As described above, the number 
of estimated takes of the same stocks of bottlenose dolphins 
(Jacksonville Estuarine System; northern Florida coastal; Western North 
Atlantic, offshore; and southern migratory coastal) is significantly 
lower than the 330 Level B harassment takes from vibratory pile driving 
and 40 Level B harassment takes from impact pile driving that were 
found to meet the negligible impact and small numbers standards and 
authorized under the 2017 IHA. The proposed IHA includes identical 
required mitigation, monitoring, and reporting measures as the 2017 
IHA, and there is no new information suggesting that our analysis or 
findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily determined the following: (1) The 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the authorized takes represent small 
numbers of marine mammals relative to the affected stock abundances; 
and (4) the Navy's activities will not have an unmitigable adverse 
impact on taking for subsistence purposes as no relevant subsistence 
uses of marine mammals are implicated by this action.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    However, no incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

Proposed Authorization

    As a result of these preliminary determinations, we are proposing 
to issue an IHA to the Navy to conduct the specified activities in 
Naval Station Mayport, FL from May 14, 2018, through May 13, 2019, 
provided the previously described mitigation, monitoring, and reporting 
requirements are incorporated.
    This section contains a draft of the IHA itself. The wording 
contained in this section is proposed for inclusion in the IHA (if 
issued).
    1. This Incidental Harassment Authorization (IHA) is valid from May 
14, 2018, through May 13, 2019.
    2. This IHA is valid only for pile driving activities associated 
with the Bravo Wharf Recapitalization Project at Naval Station Mayport, 
Florida.
    3. General Conditions
    (a) A copy of this IHA must be in the possession of the Navy, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The species authorized for taking is the bottlenose dolphin 
(Tursiops truncatus) from any of the four following stocks: 
Jacksonville Estuarine System; Western North Atlantic, Northern Florida 
coastal; Western North Atlantic, offshore; and Western North Atlantic, 
southern migratory coastal.
    (c) The taking is limited to 264 Level B harassment takes from any 
of the aforementioned stocks of bottlenose dolphins.
    (d) The taking by injury (Level A harassment), serious injury, or 
death of the species listed in condition 3(b) of the Authorization or 
any taking of any other species of marine mammal is prohibited and may 
result in the modification, suspension, or revocation of this IHA.

[[Page 14446]]

    (e) The Navy shall conduct briefings between construction 
supervisors and crews, marine mammal monitoring team, and Navy staff 
prior to the start of all pile driving activity, and when new personnel 
join the work, in order to explain responsibilities, communication 
procedures, marine mammal monitoring protocol, and operational 
procedures.
    4. Mitigation Measures
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) For all pile driving, the Navy shall implement a minimum 
shutdown zone of 15 m radius around the pile. For impact driving of 
steel piles, the minimum shutdown zone shall be a 40 m radius. If a 
marine mammal comes within or approaches the shutdown zone, such 
operations shall cease.
    (b) The Navy shall establish monitoring locations as described 
below. Please also refer to the Marine Mammal Monitoring Plan 
(available at https://www.fisheries.noaa.gov/node/23111).
    i. For all pile driving activities, a minimum of two observers 
shall be deployed, with one positioned to achieve optimal monitoring of 
the shutdown zone and the second positioned to achieve optimal 
monitoring of surrounding waters of the turning basin, the entrance to 
that basin, and portions of the Atlantic Ocean. If practicable, the 
second observer should be deployed to an elevated position, preferably 
opposite Bravo Wharf and with clear sight lines to the wharf and out 
the entrance channel.
    ii. These observers shall record all observations of marine 
mammals, regardless of distance from the pile being driven, as well as 
behavior and potential behavioral reactions of the animals. 
Observations within the turning basin shall be distinguished from those 
in the entrance channel and nearshore waters of the Atlantic Ocean.
    iii. All observers shall be equipped for communication of marine 
mammal observations amongst each other and to other relevant personnel 
(e.g., those necessary to effect activity delay or shutdown).
    (c) Monitoring shall take place from fifteen minutes prior to 
initiation of pile driving activity through thirty minutes post-
completion of pile driving activity. Pile driving may commence when 
observers have declared the shutdown zone clear of marine mammals. In 
the event of a delay or shutdown of activity resulting from marine 
mammals in the shutdown zone, animals shall be allowed to remain in the 
shutdown zone (i.e., must leave of their own volition) and their 
behavior shall be monitored and documented. Monitoring shall occur 
throughout the time required to drive a pile. The shutdown zone must be 
determined to be clear during periods of good visibility (i.e., the 
entire shutdown zone and surrounding waters must be visible to the 
naked eye).
    (d) If a marine mammal approaches or enters the shutdown zone, all 
pile driving activities at that location shall be halted. If pile 
driving is halted or delayed due to the presence of a marine mammal, 
the activity may not commence or resume until either the animal has 
voluntarily left and been visually confirmed beyond the shutdown zone 
or fifteen minutes have passed without re-detection of the animal.
    (e) Monitoring shall be conducted by qualified observers, as 
described in the Monitoring Plan. Trained observers shall be placed 
from the best vantage point(s) practicable to monitor for marine 
mammals and implement shutdown or delay procedures when applicable 
through communication with the equipment operator. Observer training 
must be provided prior to project start and in accordance with the 
monitoring plan, and shall include instruction on species 
identification (sufficient to distinguish the species listed in 3(b)), 
description and categorization of observed behaviors and interpretation 
of behaviors that may be construed as being reactions to the specified 
activity, proper completion of data forms, and other basic components 
of biological monitoring, including tracking of observed animals or 
groups of animals such that repeat sound exposures may be attributed to 
individuals (to the extent possible).
    (f) The Navy shall use soft start techniques recommended by NMFS 
for impact pile driving. Soft start requires contractors to provide an 
initial set of strikes at reduced energy, followed by a thirty-second 
waiting period, then two subsequent reduced energy strike sets. Soft 
start shall be implemented at the start of each day's impact pile 
driving and at any time following cessation of impact pile driving for 
a period of thirty minutes or longer.
    (g) Pile driving shall only be conducted during daylight hours.
    (h) If a species for which authorization has not been granted, or a 
species for which authorization has been granted but the authorized 
takes are met, is observed approaching or within the monitoring zone, 
pile driving and removal activities must shut down immediately using 
delay and shut-down procedures. Activities must not resume until the 
animal has been confirmed to have left the area or fifteen minutes have 
passed without re-detection of the animal.
    5. Monitoring
    The holder of this Authorization is required to conduct marine 
mammal monitoring during pile driving activity. Marine mammal 
monitoring and reporting shall be conducted in accordance with the 
Monitoring Plan.
    (a) The Navy shall collect sighting data and behavioral responses 
to pile driving for marine mammal species observed in the region of 
activity during the period of activity. All observers shall be trained 
in marine mammal identification and behaviors, and shall have no other 
construction-related tasks while conducting monitoring.
    (b) For all marine mammal monitoring, the information shall be 
recorded as described in the Monitoring Plan.
    6. Reporting
    The holder of this Authorization is required to:
    (a) Submit a draft report on all monitoring conducted under the IHA 
within ninety days of the completion of marine mammal monitoring, or 
sixty days prior to the issuance of any subsequent IHA for projects at 
Naval Station Mayport, whichever comes first. A final report shall be 
prepared and submitted within thirty days following resolution of 
comments on the draft report from NMFS. This report must contain the 
informational elements described in the Monitoring Plan, at minimum 
(see https://www.fisheries.noaa.gov/node/23111), and shall also 
include:
    i. Detailed information about any implementation of shutdowns, 
including the distance of animals to the pile and description of 
specific actions that ensued and resulting behavior of the animal, if 
any.
    ii. Description of attempts to distinguish between the number of 
individual animals taken and the number of incidents of take, such as 
ability to track groups or individuals.
    iii. Estimated total take extrapolated from the number of marine 
mammals observed during the course of construction activities, if 
necessary.
    (b) Reporting injured or dead marine mammals:
    i. In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as an injury (Level A harassment), serious injury, or mortality, 
Navy shall immediately cease the specified activities and report the 
incident to the Office of Protected Resources, NMFS, and the Southeast 
Regional Stranding

[[Page 14447]]

Coordinator, NMFS. The report must include the following information:
    A. Time and date of the incident;
    B. Description of the incident;
    C. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    D. Description of all marine mammal observations in the 24 hours 
preceding the incident;
    E. Species identification or description of the animal(s) involved;
    F. Fate of the animal(s); and
    G. Photographs or video footage of the animal(s).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with Navy to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Navy may not resume 
their activities until notified by NMFS.
    ii. In the event that Navy discovers an injured or dead marine 
mammal, and the lead observer determines that the cause of the injury 
or death is unknown and the death is relatively recent (e.g., in less 
than a moderate state of decomposition), Navy shall immediately report 
the incident to the Office of Protected Resources, NMFS, and the 
Southeast Regional Stranding Coordinator, NMFS.
    The report must include the same information identified in 6(b)(i) 
of this IHA. Activities may continue while NMFS reviews the 
circumstances of the incident. NMFS will work with Navy to determine 
whether additional mitigation measures or modifications to the 
activities are appropriate.
    iii. In the event that Navy discovers an injured or dead marine 
mammal, and the lead observer determines that the injury or death is 
not associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, scavenger damage), Navy shall report the incident to the 
Office of Protected Resources, NMFS, and the Southeast Regional 
Stranding Coordinator, NMFS, within 24 hours of the discovery. Navy 
shall provide photographs or video footage or other documentation of 
the stranded animal sighting to NMFS. The Navy can continue its 
operations under such a case.
    7. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein, or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for Navy's Bravo wharf 
construction activities. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on Navy's request for an MMPA authorization.

    Dated: March 29, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-06772 Filed 4-3-18; 8:45 am]
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