89 FR 191 pgs. 80228-80231 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Replacement of Pier 302 at Naval Base Point Loma, San Diego, California
Type: NOTICEVolume: 89Number: 191Pages: 80228 - 80231
Pages: 80228, 80229, 80230, 80231Docket number: [RTID 0648-XE281]
FR document: [FR Doc. 2024-22605 Filed 10-1-24; 8:45 am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE281]
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Replacement of Pier 302 at Naval Base Point Loma, San Diego, California
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Notice; request for comments on proposed renewal incidental harassment authorization.
SUMMARY:
NMFS received a request from the U.S. Navy for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to Replacement of Pier 302 at Naval Base Point Loma in San Diego, California. U.S. Navy's activities will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
DATES:
Comments and information must be received no later than October 17, 2024.
ADDRESSES:
Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, and should be submitted via email to ITP.Owens@noaa.gov.
[top] 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, including all attachments, must not exceed a 25-megabyte file size. Attachments to comments will be accepted in Microsoft Word, 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying
Electronic copies of the original application, renewal request, and supporting documents (including NMFS Federal Register notices of the original proposed and final authorizations, and the previous IHA), as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Summer Owens, Office of Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the "take" of marine mammals, with certain exceptions. 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 promulgated or, if the taking is limited to harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other "means of effecting the least practicable adverse impact" on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as "mitigation measures"). NMFS must also prescribe requirements pertaining to monitoring and reporting of such takings. The definition of key terms such as "take," "harassment," and "negligible impact" can be found in the MMPA and the NMFS's implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods of time not to exceed 1 year for each reauthorization. In the notice of proposed IHA for the initial IHA, NMFS described the circumstances under which we would consider issuing a renewal for this activity, and requested public comment on a potential renewal under those circumstances. Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year renewal of an IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical, or nearly identical, activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice is planned or (2) the activities as described in the Description of the Specified Activities and Anticipated Impacts section of the initial IHA issuance notice would not be completed by the time the initial IHA expires and a renewal would allow for completion of the activities beyond that described in the DATES section of the notice of issuance of the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to the needed renewal IHA effective date (recognizing that the renewal IHA expiration date cannot extend beyond 1 year from expiration of the initial IHA);
2. The request for renewal must include the following:
• An explanation that the activities to be conducted under the requested renewal IHA are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor ( e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take); and
• A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized; and
3. Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45 days), with direct notice by email, phone, or postal service to commenters on the initial IHA, is provided to allow for any additional comments on the proposed renewal. A description of the renewal process may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any comments received on the potential renewal, along with relevant comments on the initial IHA, have been considered in the development of this proposed IHA renewal, and a summary of agency responses to applicable comments is included in this notice. NMFS will consider any additional public comments prior to making any final decision on the issuance of the requested renewal, and agency responses will be summarized in the final notice of our decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq. ) and NOAA Administrative Order 216-6A, NMFS must review our proposed action ( i.e., the issuance of an IHA) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified in Categorical Exclusion B4 (incidental take authorizations with no anticipated serious injury or mortality) of the Companion Manual for NOAA Administrative Order 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS determined that the issuance of the initial IHA qualified to be categorically excluded from further NEPA review. NMFS has preliminarily determined that the application of this categorical exclusion remains appropriate for this renewal IHA.
History of Request
[top] On October 1, 2023, NMFS issued an IHA to the U.S. Navy to take marine mammals incidental to Replacement of Pier 302 at Naval Base Point Loma in San Diego, California (88 FR 6703, February 1, 2023), effective from October 1, 2023, through September 30, 2024. On July 31, 2024, NMFS received an application for the renewal of that initial IHA. As described in the application for renewal IHA, the activities for which incidental take is
Description of the Specified Activities and Anticipated Impacts
The planned activities for this project are a subset of previous activities that were not completed in the initial IHA. There are still 17, 6-inch steel round piles to install using a vibratory hammer which will be completed over 2 days. All other aspects (including mitigation, monitoring, and reporting), authorized take species, and anticipated impacts on the affected stocks are the same as those analyzed and authorized through the previously issued IHA.
The purpose of the project is to replace Pier 302 which provides the U.S. Navy's marine mammal program with adequate facilities to house its marine mammals and provide a safe working environment for personnel to support the U.S. Navy's overall mission to maintain, train, and equip combat ready Naval forces. The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the initial IHA.
Species that are proposed to be taken incidental to pile driving activity, by Level B harassment only, are California sea lion ( Zalophus californianus ), northern elephant seal ( Mirounga angustirostris ), harbor seal ( Phoca vitulina ), bottlenose dolphin ( Tursiops truncatus ), Pacific white-sided dolphin ( Lagenorhynchus obliquidens ), and common dolphin ( Delphinus delphis ). Take was calculated using the same method as the initial IHA, but altered to reflect the reduced amount of activity, i.e., only installing 17, 6-inch round steel piles.
Detailed Description of the Activity
A detailed description of the demolition and construction activities for which take is proposed here may be found in the notices of the proposed (87 FR 68442, November 15, 2022) and final (88 FR 6703, February 1, 2023) IHAs for the initial authorization. During the initial IHA, the U.S. Navy removed 22, 18-inch octagonal concrete pile and 3, 18-inch round steel piles and installed 30, 24-inch octagonal concrete and 2, 14-inch square concrete piles. As noted above, remaining work includes installation of 17, 6-inch steel round piles using a vibratory hammer, which will be completed over 2 days. The location, timing, and nature of the activities, including the types of equipment planned for use, are identical to those described in the previous notices. The proposed renewal would be effective for a period not exceeding 1 year from the date of expiration of the initial IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities for which authorization of take is proposed here, including information on abundance, status, distribution, and hearing, may be found in the notices of the proposed and final IHAs for the initial authorization. NMFS has reviewed the monitoring data from the initial IHA, recent draft 2023 Stock Assessment Reports, information on relevant Unusual Mortality Events, and other scientific literature, and determined there is no new information that affects which species or stocks have the potential to be affected or the pertinent information in the Description of the Marine Mammals in the Area of Specified Activities contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on marine mammals and their habitat for the activities for which an authorization of incidental take is proposed here may be found in the notices of the proposed and final IHAs for the initial authorization. NMFS has reviewed the monitoring data from the initial IHA, recent draft Stock Assessment Reports, information on relevant Unusual Mortality Events, and other scientific literature, and determined that there is no new information that affects our initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate take for the specified activity are found in the notices of the proposed and final IHAs for the initial authorization. Specifically, the source levels, days of operation, and marine mammal occurrence data applicable to this authorization remain unchanged from the previously issued IHA. Similarly, the stocks taken, methods of take, and types of take remain unchanged from the previously issued IHA. As noted above, the amount of estimated take proposed for authorization here is lower than that authorized through the initial IHA, corresponding with the subset of activity remaining for completion.
To calculate take, the U.S. Navy estimated average occurrence of each species based on previous nearby completed Navy projects and multiplied it by the number of total piles driving days to get their estimated take abundance. Under the initial IHA, 32 days of pile driving were planned, but only 30 days' worth of pile work were completed. There are now 2 days of pile work remaining, with the same estimated abundance numbers used and multiplied by 2 days of pile driving work to produce take estimates for the renewal (table 1).
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| Species | Expected average individuals per day | Initial authorized take | Proposed authorized take |
|---|---|---|---|
| California sea lion? 1 | 15 | 480 | 30 |
| Harbor seal? 1 | 1 | 32 | 2 |
| Bottlenose dolphin? 1 | 1 | 32 | 2 |
| Common dolphin (Long- and Short-beaked)? 2 | 9 | 288 | 18 |
| Pacific white-sided dolphin? 2 | 1 | 32 | 2 |
| Northern elephant seal | ( 3 ) | 7 | 1 |
| Total | 871 | 55 | |
| 1 ?Average daily counts based on observations during Year 4 Fuel Pier Replacement Project Monitoring (NAVFAC SW 2017b). | |||
| 2 ?Average daily counts based on observations during Year 2 Fuel Pier Replacement Project Monitoring (NAVFAC SW 2015). | |||
| 3 ?Expected potential of two northern elephant seals over the duration of project activity with a +5 buffer. | |||
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures included as requirements in this authorization are identical to those included in the Federal Register notice announcing the issuance of the initial IHA, and the discussion of the least practicable adverse impact included in that document and the notice of the proposed IHA remains accurate.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (87 FR 68442, November 15, 2022) and solicited public comments on both our proposal to issue the initial IHA for Replacement of Pier 302 at Naval Base Point Loma and on the potential for a renewal IHA, should certain requirements be met.
All public comments were addressed in the notice announcing the issuance of the initial IHA (88 FR 6703, February 1, 2023) and none of the comments specifically pertained to the renewal of the IHA.
Preliminary Determinations
The U.S. Navy's action will require completing a subset of pile driving activities that were not able to be finished under the initial IHA. They need to install 17, 6-inch round steel piles using a vibratory hammer, but all other project aspects and anticipated impacts remain the same. Marine mammal abundance, potential effects, mitigation, and monitoring all remain the same. Only estimated take numbers are changing to reflect 2 days of pile driving compared to 32 in the initial IHA.
NMFS has preliminarily concluded that there is no new information suggesting that our analysis or findings should change from those reached for the initial IHA. Based on the information and analysis contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will affect 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; (4) the U.S. 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, and; (5) appropriate monitoring and reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq. ) requires that each Federal agency ensure 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 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 Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to issue a renewal IHA to the U.S. Navy for conducting Replacement of Pier 302 at Naval Base Point Loma in San Diego, California through September 30, 2025, provided the previously described mitigation, monitoring, and reporting requirements are incorporated. A draft of the proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the proposed renewal IHA, and any other aspect of this notice. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization.
Dated: September 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2024-22605 Filed 10-1-24; 8:45 am]
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