Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6145 

discuss meeting materials and topics 

that will be presented at the April 2022 

Council meeting. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during this 

meeting. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 31, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–02288 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB764] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to U.S. Navy 

Construction at Naval Station Newport, 

Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, and 

implementing regulations, notification 

is hereby given that a Letter of 

Authorization (LOA) has been issued to 

the U.S. Navy (Navy) for the take of 

marine mammals incidental to 

construction activities at Naval Station 

Newport, in Newport, Rhode Island. 

DATES: LOA effective from May 15, 2022 

through May 14, 2027. 

ADDRESSES: The LOA and supporting 

documentation are available online at: 

https://www.fisheries.noaa.gov/action/ 

incidental-take-authorization-us-navyconstruction-naval-station-newportrhode-island. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Egger, 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 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. 

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 December 15, 2021, we issued a 

final rule upon request from the Navy 

for authorization to take marine 

mammals incidental to construction 

activities (86 FR 71162). The Navy plans 

to conduct construction activities for 

bulkhead replacement and repairs at 

Naval Station Newport. This 

construction will include use of 

vibratory pile driving and removal, and 

impact pile driving. The use of both 

vibratory and impact pile driving is 

expected to produce underwater sound 

at levels that have the potential to result 

in Level A and Level B harassment of 

marine mammals. 

Authorization 

We have issued a LOA to Navy 

authorizing the take of marine mammals 

incidental to construction activities, as 

described above. Take of marine 

mammals will be minimized through 

the implementation of the following 

planned mitigation measures: (1) 

Required monitoring of the construction 

area to detect the presence of marine 

mammals before beginning construction 

activities; (2) shutdown of construction 

activities under certain circumstances to 

avoid injury of marine mammals; and 

(3) soft start for impact pile driving to 

allow marine mammals the opportunity 

to leave the area prior to beginning 

impact pile driving at full power. 

Additionally, the rule includes an 

adaptive management component that 

allows for timely modification of 

mitigation or monitoring measures 

based on new information, when 

appropriate. The Navy will submit 

reports as required. 

Based on these findings and the 

information discussed in the preamble 

to the final rule, the activities described 

under this LOA will have a negligible 

impact on marine mammal stocks and 

will not have an unmitigable adverse 

impact on the availability of the affected 

marine mammal stock for subsistence 

uses. 

Dated: January 28, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–02164 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB768] 

Fisheries of the Gulf of Mexico; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 68OA Life 

History Topical Working Group data 


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