83_FR_38275 83 FR 38125 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project

83 FR 38125 - 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 150 (August 3, 2018)

Page Range38125-38127
FR Document2018-16599

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the U.S. Navy (Navy) for the take, by Level B harassment only, of bottlenose dolphins (Tursiops truncatus), incidental to the Bravo Wharf Recapitalization Project at Bravo Wharf, Naval Station Mayport, Florida.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38125-38127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16599]


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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; issuance of incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the U.S. Navy (Navy) for the take, by Level B harassment only, of 
bottlenose dolphins (Tursiops truncatus), incidental to the Bravo Wharf 
Recapitalization Project at Bravo Wharf, Naval Station Mayport, 
Florida.

DATES: The IHA is valid from May 14, 2018 through May 13, 2019.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 427-8438.

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 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 the IHA covers a subset of 
the same work covered in a former IHA, NMFS is relying on this same EA 
and FONSI document.

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 were, and are, expected to result in 
the take of individuals from four stocks of bottlenose dolphins.
    On January 23, 2017, the Navy informed NMFS that no work had been 
performed relevant to the specified

[[Page 38126]]

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. We issued a notice of proposed IHA on April 4, 2018 (83 
FR 1443) primarily referring back to our previous documents and 
analysis but fully describing updates to acoustic analysis, take 
numbers (due to decreased amount of work), and stock abundances.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to the Navy for the 
Bravo Wharf Recapitalization Project was published in the Federal 
Register on April 4, 2018 (83 FR 14443). During the 30-day public 
comment period, we received one letter, dated April 30, 2018, from the 
Marine Mammal Commission (Commission). The Commission concurs with 
NMFS's preliminary findings and recommends that NMFS issue the 
incidental harassment authorization, subject to inclusion of the 
proposed mitigation, monitoring, and reporting measures.

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 requested that a 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. Other documents that fully describe the project 
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 the aforementioned 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 under the 
recently issued IHA (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 also found in the aforementioned 
documents, which remains applicable to this IHA except for new 
information in the 2016 stock assessment reports where abundance for 
the Northern Florida coastal stock was reduced from 1,219 to 877 
individuals and southern migratory coastal stock was decreased from 
9,137 to 3,751 individuals.
    Potential Effects on Marine Mammals--A description of the 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 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), we are authorizing 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. 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. No Level A take 
is authorized.
    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 and provided in our April 4, 2018 notice 
of 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.

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 IHA includes identical required 
mitigation, monitoring, and reporting measures as the 2017 IHA

[[Page 38127]]

(with the exception of harassment distances, as described above), 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 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.
    No incidental take of ESA-listed species is authorized 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.

Authorization

    As a result of these determinations, NMFS has issued an IHA to the 
Navy for the harassment of small numbers of bottlenose dolphins 
incidental to construction activities related to the Bravo Wharf 
Recapitalization Project, Naval Base Mayport, Florida, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: July 30, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-16599 Filed 8-2-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                            38125

                                              acquires or attempts to acquire such                    ACTION:Notice; issuance of incidental                 patterns, including, but not limited to,
                                              ownership, possession or control;                       harassment authorization.                             migration, breathing, nursing, breeding,
                                                 C. Take any action to acquire from or                                                                      feeding, or sheltering (Level B
                                              to facilitate the acquisition or attempted              SUMMARY:  In accordance with the                      harassment).
                                              acquisition from a Denied Person of any                 regulations implementing the Marine
                                              item subject to the Regulations that has                Mammal Protection Act (MMPA), as                      National Environmental Policy Act
                                              been exported from the United States;                   amended, notification is hereby given                   In compliance with the National
                                                 D. Obtain from a Denied Person in the                that NMFS has issued an incidental                    Environmental Policy Act of 1969 (42
                                              United States any item subject to the                   harassment authorization (IHA) to the                 U.S.C. 4321 et seq.), as implemented by
                                              Regulations with knowledge or reason                    U.S. Navy (Navy) for the take, by Level               the regulations published by the
                                              to know that the item will be, or is                    B harassment only, of bottlenose                      Council on Environmental Quality (40
                                              intended to be, exported from the                       dolphins (Tursiops truncatus),                        CFR parts 1500–1508), the Navy
                                              United States; or                                       incidental to the Bravo Wharf                         prepared an Environmental Assessment
                                                 E. Engage in any transaction to service              Recapitalization Project at Bravo Wharf,              (EA) to consider the direct, indirect and
                                              any item subject to the Regulations that                Naval Station Mayport, Florida.                       cumulative effects to the human
                                              has been or will be exported from the                   DATES: The IHA is valid from May 14,                  environment resulting from the Bravo
                                              United States and which is owned,                       2018 through May 13, 2019.                            Wharf recapitalization project. NMFS
                                              possessed or controlled by a Denied                     FOR FURTHER INFORMATION CONTACT:                      made the Navy’s EA available to the
                                              Person, or service any item, of whatever                Jaclyn Daly, Office of Protected                      public for review and comment, in
                                              origin, that is owned, possessed or                     Resources, NMFS, (301) 427–8438.                      relation to its suitability for adoption by
                                              controlled by a Denied Person if such                                                                         NMFS in order to assess the impacts to
                                                                                                      Background                                            the human environment of issuance of
                                              service involves the use of any item
                                              subject to the Regulations that has been                   Sections 101(a)(5)(A) and (D) of the               an IHA to the Navy. Also in compliance
                                              or will be exported from the United                     MMPA (16 U.S.C. 1361 et seq.) direct                  with NEPA and the CEQ regulations, as
                                              States. For purposes of this paragraph,                 the Secretary of Commerce (as delegated               well as NOAA Administrative Order
                                              servicing means installation,                           to NMFS) to allow, upon request, the                  216–6, NMFS has reviewed the Navy’s
                                              maintenance, repair, modification or                    incidental, but not intentional, taking of            EA, determined it to be sufficient, and
                                              testing.                                                small numbers of marine mammals by                    adopted that EA and signed a Finding
                                                 Fifth, after notice and opportunity for              U.S. citizens who engage in a specified               of No Significant Impact (FONSI) in
                                              comment as provided in Section 766.23                   activity (other than commercial fishing)              July, 2016. The 2016 NEPA documents
                                              of the Regulations, any person, firm,                   within a specified geographical region if             are available at https://
                                              corporation, or business organization                   certain findings are made and either                  www.fisheries.noaa.gov/node/23111.
                                              related to a Denied Person by                           regulations are issued or, if the taking is           Since the IHA covers a subset of the
                                              ownership, control, position of                         limited to harassment, a notice of a                  same work covered in a former IHA,
                                              responsibility, affiliation, or other                   proposed authorization is provided to                 NMFS is relying on this same EA and
                                              connection in the conduct of trade or                   the public for review.                                FONSI document.
                                              business may also be made subject to                       An authorization for incidental
                                                                                                                                                            History of Request
                                              the provisions of this Order.                           takings shall be granted if NMFS finds
                                                 Sixth, any license issued pursuant to                that the taking will have a negligible                   On July 21, 2015, we received a
                                              the Act or Regulations in which Hydel                   impact on the species or stock(s), will               request from the Navy for authorization
                                              or Sharma has an interest of the date of                not have an unmitigable adverse impact                of the taking, by Level B harassment
                                              this Order is hereby revoked.                           on the availability of the species or                 only, of marine mammals incidental to
                                                 Seventh, this Order shall be served on               stock(s) for subsistence uses (where                  pile driving (predominantly vibratory
                                              Hydel and Sharma, and shall be                          relevant), and if the permissible                     pile driving, with a small amount of
                                              published in the Federal Register.                      methods of taking and requirements                    impact pile driving as a contingency
                                                 This Order is effective immediately.                 pertaining to the mitigation, monitoring              plan in case of difficult piles) in
                                                Issued on July 30, 2018.                              and reporting of such takings are set                 association with the Bravo Wharf
                                              Richard R. Majauskas,                                   forth.                                                Recapitalization Project at Naval Station
                                                                                                         NMFS has defined ‘‘negligible                      Mayport, Florida. A final version of the
                                              Acting Assistant Secretary of Commerce for
                                              Export Enforcement.                                     impact’’ in 50 CFR 216.103 as an impact               application, which we deemed adequate
                                                                                                      resulting from the specified activity that            and complete, was submitted on
                                              [FR Doc. 2018–16678 Filed 8–2–18; 8:45 am]
                                                                                                      cannot be reasonably expected to, and is              November 17, 2015. We published a
                                              BILLING CODE P
                                                                                                      not reasonably likely to, adversely affect            notice of a proposed IHA and request for
                                                                                                      the species or stock through effects on               comments on December 7, 2015 (80 FR
                                              DEPARTMENT OF COMMERCE                                  annual rates of recruitment or survival.              75978), and subsequently published
                                                                                                         The MMPA states that the term ‘‘take’’             final notice of our issuance of the IHA
                                              National Oceanic and Atmospheric                        means to harass, hunt, capture, kill or               on August 9, 2016 (81 FR 52637). In-
                                              Administration                                          attempt to harass, hunt, capture, or kill             water work associated with the project
                                                                                                      any marine mammal.                                    was expected to be completed within
                                              RIN 0648–XG131                                             Except with respect to certain                     the one-year timeframe of the IHA
                                                                                                      activities not pertinent here, the MMPA               (effective dates originally December 1,
                                              Takes of Marine Mammals Incidental to
                                                                                                      defines ‘‘harassment’’ as any act of                  2016 through November 30, 2017). The
amozie on DSK3GDR082PROD with NOTICES1




                                              Specified Activities; Taking Marine
                                                                                                      pursuit, torment, or annoyance which (i)              specified activities were, and are,
                                              Mammals Incidental to the Bravo
                                                                                                      has the potential to injure a marine                  expected to result in the take of
                                              Wharf Recapitalization Project
                                                                                                      mammal or marine mammal stock in the                  individuals from four stocks of
                                              AGENCY:  National Marine Fisheries                      wild (Level A harassment); or (ii) has                bottlenose dolphins.
                                              Service (NMFS), National Oceanic and                    the potential to disturb a marine                        On January 23, 2017, the Navy
                                              Atmospheric Administration (NOAA),                      mammal or marine mammal stock in the                  informed NMFS that no work had been
                                              Commerce.                                               wild by causing disruption of behavioral              performed relevant to the specified


                                         VerDate Sep<11>2014   18:26 Aug 02, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM   03AUN1


                                              38126                          Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices

                                              activity considered in the MMPA                         Federal Register notice of the issuance               same take estimate methodology
                                              analysis. On February 22, 2017, we                      of the 2017 IHA for the Navy’s Bravo                  described in the 2017 IHA and the
                                              published a notice of a revision of the                 Wharf (82 FR 11344, February 22, 2017),               updated source levels (which extends
                                              IHA (82 FR 11344), revising the effective               the Navy’s application, the Federal                   the vibratory pile driving Level B
                                              authorization dates from March 13,                      Register notice of the proposed IHA (81               harassment isopleth from 1,166 meters
                                              2017, through March 12, 2018.                           FR 52637; December 1, 2016), and all                  (m) to 2,512 m, and the impact pile
                                                On December 5, 2017, the Navy                         associated references and documents.                  driving Level B harassment isopleth
                                              informed NMFS that construction had                        Detailed Description of the Action—A               from 858 m to 1000 m), we are
                                              not yet begun on one of two                             detailed description of the proposed                  authorizing 242 Level B harassment
                                              construction phases authorized under                    vibratory and impact pile driving                     takes of bottlenose dolphins during
                                              the revised IHA. The Navy attributed                    activities at Bravo Wharf is found in the             vibratory driving and 22 during impact
                                              delays in progress and inaccuracies in                  aforementioned documents. The                         driving, for a total of 264 requested
                                              original construction planning due to a                 location, timing (e.g., lack of                       Level B bottlenose dolphin takes. There
                                              combination of: (1) Rain delays,                        seasonality), and nature of the pile                  are four stocks of bottlenose dolphins to
                                              hurricane preparation, and Hurricane                    driving operations, including the type                which takes could accrue: Jacksonville
                                              Irma, (2) inefficiencies by the contractor,             and size of piles and the methods of pile             Estuarine System; Western North
                                              and (3) activities influenced by tides,                 driving, are identical to those described             Atlantic, northern Florida coastal;
                                              originally unaccounted for in the                       in the previous notices, except that only             Western North Atlantic, offshore; and
                                              schedule.                                               a subset of the number of piles are                   Western North Atlantic, southern
                                                On January 9, 2018, the Navy formally                 proposed to be driven under the                       migratory coastal. No Level A take is
                                              requested that NMFS issue an IHA for                    recently issued IHA (356 piles over 53                authorized.
                                              one year from May 14, 2018, to May 13,                  days, versus 880 over 130 days).                         Description of Proposed Mitigation,
                                              2019 in order to complete a subset of the                  Description of Marine Mammals—A                    Monitoring and Reporting Measures—A
                                              construction activity previously covered                description of the marine mammals in                  description of proposed mitigation,
                                              by the 2017 IHA. We issued a notice of                  the area of the activities is also found in           monitoring, and reporting measures is
                                              proposed IHA on April 4, 2018 (83 FR                    the aforementioned documents, which                   found in the previous documents,
                                              1443) primarily referring back to our                   remains applicable to this IHA except                 which are identical in this proposed
                                              previous documents and analysis but                     for new information in the 2016 stock                 IHA and provided in our April 4, 2018
                                              fully describing updates to acoustic                    assessment reports where abundance for                notice of proposed IHA. In summary,
                                              analysis, take numbers (due to                          the Northern Florida coastal stock was                mitigation includes soft start
                                              decreased amount of work), and stock                    reduced from 1,219 to 877 individuals                 techniques, as well as a 15-m shutdown
                                              abundances.                                             and southern migratory coastal stock                  zone for vibratory pile driving and 40-
                                                                                                      was decreased from 9,137 to 3,751                     m shutdown for impact pile driving.
                                              Comments and Responses                                  individuals.                                          Two trained observers will monitor to
                                                A notice of NMFS’ proposal to issue                      Potential Effects on Marine                        implement shutdowns and collect
                                              an IHA to the Navy for the Bravo Wharf                  Mammals—A description of the                          information.
                                              Recapitalization Project was published                  potential effects of the specified                       On January 9, 2018, the Navy
                                              in the Federal Register on April 4, 2018                activities on marine mammals and their                submitted a monitoring report for
                                              (83 FR 14443). During the 30-day public                 habitat is found in these previous                    construction that had been completed
                                              comment period, we received one letter,                 documents, which remains applicable to                under the 2017 IHA. The Navy
                                              dated April 30, 2018, from the Marine                   this IHA. There is no new information                 complied with all mitigation,
                                              Mammal Commission (Commission).                         on potential effects.                                 monitoring, and reporting protocols.
                                              The Commission concurs with NMFS’s                         Estimated Take—A description of the                Recorded takes were below the number
                                              preliminary findings and recommends                     methods and inputs used to estimate                   authorized for the corresponding
                                              that NMFS issue the incidental                          take anticipated to occur and,                        amount of work. The monitoring report
                                              harassment authorization, subject to                    ultimately, the take that was authorized              can be viewed on NMFS’s website at
                                              inclusion of the proposed mitigation,                   is found in these previous documents.                 https://www.fisheries.noaa.gov/node/
                                              monitoring, and reporting measures.                     The methods of estimating take are                    23111.
                                                                                                      identical to those used in the previous
                                              Description of the Proposed Activity                    IHA, as is the density of marine                      Determinations
                                              and Anticipated Impacts                                 mammals. One input into the take                        The Navy proposes to conduct a
                                                 The 2017 IHA covered the installation                estimate, the source levels, was changed              subset of activities identical to those
                                              of 880 single sheet piles installed with                to reflect newer information. The                     covered in the previous 2017 IHA. As
                                              a vibratory hammer over 110 days and                    original IHA reflected a vibratory pile               described above, the number of
                                              20 days of contingency impact driving,                  driving source level of 151 decibels (dB)             estimated takes of the same stocks of
                                              for a total of up to 130 construction                   root mean square (rms), but more recent               bottlenose dolphins (Jacksonville
                                              days. The 2017 IHA authorized the                       measurements (measurements of                         Estuarine System; northern Florida
                                              Level B harassment of 370 bottlenose                    vibratory driving of steel sheet piles                coastal; Western North Atlantic,
                                              dolphins (330 takes from vibratory pile                 during the first year of construction at              offshore; and southern migratory
                                              driving, 40 from impact pile driving),                  nearby Wharf C–2 at Naval Station                     coastal) is significantly lower than the
                                              which could occur to any of the four                    Mayport (DoN 2015) support a higher                   330 Level B harassment takes from
                                              stocks in the area. The Navy did not                    source level (156 dB rms). The impact                 vibratory pile driving and 40 Level B
amozie on DSK3GDR082PROD with NOTICES1




                                              complete that work, and requested that                  pile driving source level was also                    harassment takes from impact pile
                                              a second IHA cover the installation of                  corrected from 189 dB rms to 190 rms                  driving that were found to meet the
                                              the remaining 356 steel sheet piles over                (CalTrans, 2015). The Navy modified                   negligible impact and small numbers
                                              the course of 43 pile-driving days, plus                their take estimates to reflect these                 standards and authorized under the
                                              10 contingency impact driving days, for                 newer values, which NMFS used for                     2017 IHA. The IHA includes identical
                                              a total of 53 days. Other documents that                issuance of another IHA at Bravo Wharf                required mitigation, monitoring, and
                                              fully describe the project include the                  (83 FR 9287; March 5, 2018). Using the                reporting measures as the 2017 IHA


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                                                                             Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                           38127

                                              (with the exception of harassment                       DEPARTMENT OF COMMERCE                                OMB Control Number 0648–0703 to
                                              distances, as described above), and there                                                                     account for updates to burden time and
                                              is no new information suggesting that                   National Oceanic and Atmospheric                      cost estimates, inclusion of new forms
                                              our analysis or findings should change.                 Administration                                        to fulfill rule requirements and
                                                 Based on the information contained                                                                         administrative updates to online and
                                                                                                      Proposed Information Collection;                      paper forms. NMFS intends the
                                              here and in the referenced documents,                   Comment Request; Southeast Region                     revisions would make instructions and
                                              NMFS has determined the following: (1)                  Aquaculture Program                                   data collection requirements clearer and
                                              The required mitigation measures will                                                                         easier to understand, resulting in more
                                              effect the least practicable impact on                  AGENCY:  National Marine Fisheries
                                                                                                      Service (NMFS), National Oceanic and                  accurate and efficient information
                                              marine mammal species or stocks and                                                                           available for use by fishery managers.
                                                                                                      Atmospheric Administration (NOAA),
                                              their habitat; (2) the authorized takes
                                                                                                      Commerce.                                             II. Method of Collection
                                              will have a negligible impact on the
                                                                                                      ACTION: Notice.
                                              affected marine mammal species or                                                                                Information for the Southeast Region
                                              stocks; (3) the authorized takes                        SUMMARY:    The Department of                         Aquaculture Program is collected online
                                              represent small numbers of marine                       Commerce, as part of its continuing                   via the aquaculture website (http://
                                              mammals relative to the affected stock                  effort to reduce paperwork and                        sero.nmfs.noaa.gov/sustainable_
                                              abundances; and (4) the Navy’s                          respondent burden, invites the general                fisheries/gulf_fisheries/aquaculture/);
                                              activities will not have an unmitigable                 public and other Federal agencies to                  therefore, a participant must have access
                                              adverse impact on taking for subsistence                take this opportunity to comment on                   to a computer and internet access, and
                                              purposes as no relevant subsistence uses                proposed and/or continuing information                must set up an appropriate online
                                              of marine mammals are implicated by                     collections, as required by the                       aquaculture account to participate.
                                              this action.                                            Paperwork Reduction Act of 1995.                      Assistance with online functions will be
                                                                                                      DATES: Written comments must be                       available from customer service Monday
                                              Endangered Species Act                                  submitted on or before October 2, 2018.               through Friday between 8 a.m. and 4:30
                                                                                                      ADDRESSES: Direct all written comments
                                                                                                                                                            p.m., eastern time. If some online
                                                 Section 7(a)(2) of the Endangered                                                                          reporting functions are not available at
                                              Species Act of 1973 (ESA) (16 U.S.C.                    to Jennifer Jessup, Departmental
                                                                                                      Paperwork Clearance Officer,                          the time of initial implementation of the
                                              1531 et seq.) requires that each Federal                                                                      aquaculture program, participants may
                                              agency insure that any action it                        Department of Commerce, Room 6616,
                                                                                                      14th and Constitution Avenue NW,                      comply by submitting the required
                                              authorizes, funds, or carries out is not                                                                      information via email to the NMFS
                                              likely to jeopardize the continued                      Washington, DC 20230 (or via the
                                                                                                      internet at pracomments@doc.gov).                     Southeast Region using the appropriate
                                              existence of any endangered or                                                                                forms that are available on the website.
                                              threatened species or result in the                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            Once online functions are available to
                                              destruction or adverse modification of                  Requests for additional information or
                                                                                                                                                            the public, participants must comply by
                                              designated critical habitat. To ensure                  copies of the information collection
                                                                                                                                                            using the online system unless
                                              ESA compliance for the issuance of                      instrument and instructions should be
                                                                                                                                                            alternative methods are specified.
                                                                                                      directed to Jessica Beck-Stimpert, NMFS                  Operators of aquaculture facilities
                                              IHAs, NMFS consults internally
                                                                                                      Southeast Regional Office, 263 13th                   would be required to submit all
                                              whenever we propose to authorize take
                                                                                                      Avenue South, St. Petersburg, FL 33701,               information requirements to NMFS,
                                              for endangered or threatened species.                   phone: 727–824–5305, or email:                        with the exception of the bill of lading
                                                 No incidental take of ESA-listed                     jess.beck@noaa.gov.                                   information, which will accompany
                                              species is authorized or expected to                    SUPPLEMENTARY INFORMATION:                            each shipment of cultured product.
                                              result from this activity. Therefore,                                                                         Currently, all submissions would be via
                                              NMFS has determined that formal                         I. Abstract
                                                                                                                                                            the online website, unless otherwise
                                              consultation under section 7 of the ESA                    This request is for an extension and               noted. Additionally, dealers who
                                              is not required for this action.                        revision of a currently approved                      purchase aquaculture product from
                                                                                                      information collection under the Office               facilities would be required to submit
                                              Authorization                                           of Management and Budget’s (OMB)                      information on those purchases.
                                                As a result of these determinations,                  Control Number 0648–0703, Southeast
                                                                                                      Region Aquaculture Program. NMFS                      III. Data
                                              NMFS has issued an IHA to the Navy for
                                                                                                      manages aquaculture operations in                        OMB Control Number: 0648–0703.
                                              the harassment of small numbers of
                                                                                                      Federal waters of the Gulf of Mexico                     Form Number(s): None.
                                              bottlenose dolphins incidental to
                                                                                                      (Gulf) under the Fishery Management                      Type of Review: Regular submission
                                              construction activities related to the                  Plan for Regulating Offshore Marine                   (extension and revision of a currently
                                              Bravo Wharf Recapitalization Project,                   Aquaculture in the Gulf of Mexico                     approved information collection).
                                              Naval Base Mayport, Florida, provided                   (Aquaculture FMP). The final rule for                    Affected Public: Business or other for-
                                              the previously mentioned mitigation,                    the Aquaculture FMP published in the                  profit organizations.
                                              monitoring, and reporting requirements                  Federal Register on January 13, 2016                     Estimated Number of Respondents: 40
                                              are incorporated.                                       (81 FR 1762; RIN 0648–AS65).                          (20 operators, 20 dealers).
                                                Dated: July 30, 2018.                                    This collection of information tracks                 Estimated Time per Response:
                                                                                                      the administrative functions associated                  • Federal Permit Application for
amozie on DSK3GDR082PROD with NOTICES1




                                              Donna S. Wieting,
                                                                                                      with the aquaculture program (e.g.,                   Offshore Aquaculture in the Gulf of
                                              Director, Office of Protected Resources,                                                                      Mexico, 3 hours.
                                                                                                      registration and account setup, landing
                                              National Marine Fisheries Service.                                                                               • Notification to Delay Permit
                                                                                                      transactions, and most reporting
                                              [FR Doc. 2018–16599 Filed 8–2–18; 8:45 am]                                                                    Issuance, Annual Report for Gulf
                                                                                                      requirements).
                                              BILLING CODE 3510–22–P                                     The NMFS Southeast Regional Office                 Aquaculture Permittees, Certification for
                                                                                                      also proposes to revise parts of the                  Broodstock and Juveniles, Marine
                                                                                                      information collection approved under                 Mammal Authorization Form,


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Document Created: 2018-11-06 10:34:59
Document Modified: 2018-11-06 10:34:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of incidental harassment authorization.
DatesThe IHA is valid from May 14, 2018 through May 13, 2019.
ContactJaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8438.
FR Citation83 FR 38125 
RIN Number0648-XG13

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