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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92907-92908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27572]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE482]

Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Duckabush Estuary Restoration Project in Washington

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Army Corps of 
Engineers (USACE) for authorization to take marine mammals incidental 
to the Duckabush Estuary Restoration Project (DERP) in Hood Canal, 
Washington, for a period of 5 years (2025-2029). Pursuant to 
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of USACE's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on USACE's application and request.

DATES: Comments and information must be received no later than December 
26, 2024.

ADDRESSES: Comments on the application 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,

[[Page 92908]]

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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities 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.
    An electronic copy of USACE's application may be obtained online 
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an immitigable 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).

Summary of Request

    On April 17, 2024, NMFS received an application from the USACE 
requesting authorization for take of marine mammals incidental to in-
water construction activities associated with the DERP in Hood Canal. 
We provided comments on the application and the USACE submitted a 
revised version on September 27, 2024. The application was deemed 
adequate and complete on November 5, 2024. The requested regulations 
under which we would issue the requested LOA would be valid for 5 
years, November 2025 through October 2029. The USACE's DERP would 
reconnect floodplain and intertidal wetlands to improve tidal exchange, 
sediment transport, and estuary development plans to restore the 
Duckabush River Estuary. Construction-related activities include 
building temporary work platforms, bridge demolition, bridge 
construction, road realignment, channel excavation, causeway and 
training berms demolition. Construction activities are expected to 
disturb nearby pinnipeds, resulting in incidental take by Level B 
harassment only. Therefore, the USACE requests authorization to 
incidentally take marine mammals.

Specified Activities

    The purpose of the DERP is to reconnect floodplain and intertidal 
wetlands to improve tidal exchange, sediment transport, and estuary 
development plans to restore the Duckabush River Estuary. Construction-
related activities include building temporary work platforms, bridge 
demolition, bridge construction, road realignment, channel excavation, 
and causeway demolition.
    The USACE anticipates construction will take up to 764 workdays 
across 48 months to complete. Time estimates assume that construction 
will operate 8 hours per day, 5 days per week for most of the project 
and 12 hours per day, 7 days per week for some components of the work. 
The number of work days per year would range from 28 (Year 1) to 263 
(Years 2 and 3). Take by Level B harassment has been requested for 
harbor seal (Phoca vitulina). The USACE's application contains 
mitigation and monitoring measures designed to reduce impacts to marine 
mammals. The application also contains proposed marine mammal 
monitoring and reporting plans.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning USACE's request (see ADDRESSES). NMFS will consider 
all information, suggestions, and comments related to the request 
during the development of proposed regulations governing the incidental 
taking of marine mammals by USACE, if appropriate.

    Dated: November 20, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-27572 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-22-P
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