```

[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Pages 8009-8016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01617]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE522]

Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to National Oceanic and Atmospheric 
Administration Office of Marine and Aviation Operations Research Vessel 
Relocation at Naval Station Newport, Rhode Island

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 on behalf of the 
NOAA Office of Marine and Aviation Operations (OMAO) for the renewal of 
their currently active incidental harassment authorization (IHA) 
(hereinafter, the ``Project'') to take marine mammals incidental to 
construction activities associated with the relocation of NOAA research 
vessels at Naval Station Newport (NAVSTA) in Rhode Island. NOAA OMAO 
activities are nearly identical to those covered in the current 
authorization. Pursuant to the Marine Mammal Protection Act (MMPA), 
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 February 
7, 2025.

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 
[email protected]. 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.
    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. 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 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

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

SUPPLEMENTARY INFORMATION:

Background

    The 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

[[Page 8010]]

engage in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and either 
regulations are proposed or, if the taking is limited to harassment, a 
notice of a proposed IHA is provided to the public for review.
    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''); and requirements pertaining to the monitoring and 
reporting of the takings. The definition of all applicable MMPA 
statutory used above are included in the relevant sections below and 
can be found in section 3 of the MMPA (16 U.S.C. 1362) and the NMFS's 
implementing regulations at 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.
    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: https://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 (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of a renewal 
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

    On December 21, 2022, NMFS announced issuance of an IHA to NOAA 
OMAO to take marine mammals incidental to construction activities 
associated with vessel relocation at NAVSTA in Newport, RI (87 FR 
78072), effective from February 1, 2024 through January 31, 2025. On 
November 15, 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 requested consist of activities 
that are covered by the initial authorization but will not be completed 
prior to its expiration. As required, the applicant also provided a 
preliminary monitoring report which confirms that the applicant has 
implemented the required mitigation and monitoring, and which also 
shows that no impacts of a scale or nature not previously analyzed or 
authorized have occurred as a result of the activities conducted.

Description of the Specified Activities and Anticipated Impacts

    NOAA OMAO's initial IHA authorized take of marine mammals 
incidental to construction activities associated with NOAA research 
vessel relocation at NAVSTA in Newport, RI. NOAA OMAO plans to 
establish adequate pier, shoreside, and support facilities for four 
NOAA research vessels in Coddington Cove at NAVSTA. All facilities must 
meet NOAA docking and berthing requirements for the four relocated 
research vessels. As part of this activity, a new pier, trestle, and 
bulkhead have been constructed over a total of approximately 191 days. 
Due to unanticipated delays, NOAA OMAO will be unable to complete the 
remaining activities before the expiration date of the current IHA. The

[[Page 8011]]

remaining necessary activities include removal of abandoned guide piles 
along the bulkhead, demolition of the current floating dock, 
installation of gangway support piles and fender piles, installation 
and removal of piles for a construction template, and construction of a 
small boat floating dock. Vibratory pile driving and removal, impact 
pile driving, and down-the-hole (DTH) mono-hammer pile installation 
would be used to complete these remaining construction activities. 
Approximately 110 days would be necessary to complete these remaining 
activities.
    The potential impacts of NOAA OMAO's proposed activities on marine 
mammals could involve acoustic stressors and are unchanged from the 
impacts described in the notice of the proposed 2022 IHA (87 FR 66133, 
November 2, 2022). Underwater sound resulting from NOAA OMAO's 
activities has the potential to result in incidental take of marine 
mammals in the form of Level A harassment and Level B harassment in the 
specified geographic region.
    This proposed renewal IHA is for the remainder of the work that 
will not be completed by the expiration date of the initial IHA. The 
renewal IHA would authorize incidental take, by Level A harassment and 
Level B harassment, of seven species (comprising seven stocks) of 
marine mammals for a subset of the construction activities to be 
completed in 1 year, in the same area, using identical construction 
methods (vibratory pile driving and removal, impact pile driving, and 
DTH mono-hammer pile installation) described in the initial IHA. 
Neither NOAA OMAO nor NMFS expect serious injury or mortality to result 
from this activity and, therefore, an IHA is appropriate. The 
anticipated effects on marine mammals and the affected stocks also 
remain the same. All mitigation, monitoring, and reporting measures 
would remain exactly as described in the Federal Register notice of the 
initial IHA (87 FR 78072, December 21, 2022).

Detailed Description of the Activity

    A detailed description of the construction activities for which 
incidental take is proposed here may be found in the notices of the 
proposed IHA (87 FR 66133, November 2, 2022) and final IHA (87 FR 
78072, December 21, 2022) for the initial authorization. The location, 
timing, and nature of the activities, including the types of equipment 
planned for use, are nearly identical to those described in the 
previous notices. The only differences are in the timing of activities, 
as described here and in the renewal IHA request. The NOAA OMAO 
proposed trestle rotary drilling, over a total of 4 in-water work days, 
and mono-hammer DTH drilling for bulkhead construction, over a total of 
12 in-water work days. These actions were not required once 
construction activities began, thus there was a reduction of 16 in-
water work days. In addition, 57 of the 30-inch steel pipe piles for 
the pier were installed incorrectly. These piles were cut at the 
mudline, but 57 new 30-inch steel pipe piles needed to be installed 
instead. The in-water work time for installing the 30-inch steel pipe 
piles was 4 piles/day, leading to an additional 15 in-water work days 
than was allotted for these piles. There was also a decrease of 45 in-
water work days due to the ability to use a construction template that 
accommodates 12 piles instead of 4 piles. Lastly, construction 
activities did not occur concurrently, as previously proposed, and 
remaining construction activities are not proposed to occur 
concurrently. 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 
Federal Register notice of the proposed initial IHA (87 FR 66133, 
November 2, 2022). NMFS has reviewed the monitoring data from the 
initial IHA, recent Stock Assessment Reports (SARs), 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 descriptions of marine mammals provided in the supporting 
documents for the initial IHA. Since the initial IHA was issued, NMFS 
released its final 2023 stock assessment reports (SARs). NMFS has 
reviewed the 2023 SARs, which included updates to certain stock 
abundances since the initial IHA was issued, information on relevant 
unusual mortality events (UME), and other scientific literature. The 
2023 SARs updated information related to stock abundance for the common 
dolphin (172,974 to 93,100), harbor porpoise (95,543 to 85,765), and 
hooded seal (stock abundance is now unknown based upon uncertainty in 
available population estimates). Information related to the relatively 
small portion of the gray seal population found in U.S. waters was also 
updated. NMFS has determined that neither this nor any other new 
information affects which species or stocks have the potential to be 
affected or any other 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 
notice of the proposed IHA for the initial authorization (87 FR 66133, 
November 2, 2022). NMFS has reviewed the monitoring data from the 
initial IHA, recent SARs, 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 used to estimate take for the 
specified activity are found in the notices of the proposed and final 
IHAs for the initial authorization (87 FR 66133, November 2, 2022; 87 
FR 78072, December 21, 2022). Specifically, the action area and marine 
mammal density and occurrence data applicable to this authorization 
remain unchanged from the initial and modified IHA. Similarly, source 
levels, type of activity, methods of take, and types of take remain 
unchanged from the initial and modified IHA. However, there are changes 
to the estimated Level A harassment zones based on the revised amount 
of piles driven per day and the 2024 draft Technical Guidance, further 
discussed below. The estimated number of takes proposed for 
authorization is based on the subset of activities to be completed 
under this renewal IHA, and therefore represents a proportion of the 
initial authorized takes. These takes reflect the estimated remaining 
number of days of work and number of piles to be driven. Estimated take 
by Level A and Level B harassment was calculated using the same 
methodology as in the initial and modified IHA.
    On October 24, 2024 NMFS published (89 FR 84872) its final Updated 
Technical Guidance (https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf), which includes updated 
thresholds and weighting functions to inform auditory injury estimates 
and is

[[Page 8012]]

replacing the 2018 Technical Guidance referenced in the notices of the 
proposed and final IHAs for the initial authorization (87 FR 66133, 
November 2, 2022; 87 FR 78072, December 21, 2022). In consideration of 
the best available science, NMFS conducted calculations using the 
Updated Technical Guidance and NMFS optional user spreadsheet, using 
the source levels and spreadsheet inputs provided in the notices for 
the proposed and final IHAs (87 FR 66133, November 2, 2022; 87 FR 
78072, December 21, 2022), for the purpose of understanding how Level A 
harassment (auditory injury) zones might change from the initial IHA. 
The relevant updated weighting functions may be found in the executive 
summary of the Updated Technical Guidance NMFS, 2024), on pg. 3. The 
updated marine mammal hearing groups and updated thresholds can be 
found in tables 1 and 2.

                  Table 1--Marine Mammal Hearing Groups
                              [NMFS, 2024]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen   7 Hz to 36 kHz.
 whales).
High-frequency (HF) cetaceans          150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
Very High-frequency (VHF) cetaceans    200 Hz to 165 kHz.
 (true porpoises, Kogia, river
 dolphins, Cephalorhynchid,
 Lagenorhynchus cruciger & L.
 australis).
Phocid pinnipeds (PW) (underwater)     40 Hz to 90 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)    60 Hz to 68 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges may not be as broad. Generalized hearing range
  chosen based on ~65 dB threshold from composite audiogram, previous
  analysis in NMFS 2018, and/or data from Southall et al., 2007;
  Southall et al., 2019. Additionally, animals are able to detect very
  loud sounds above and below that ``generalized'' hearing range.

                                   Table 2--Onset of Auditory Injury (AUD INJ)
                                                  [NMFS, 2024]
----------------------------------------------------------------------------------------------------------------
                                                       AUD INJ onset thresholds * (received level)
             Hearing group             -------------------------------------------------------------------------
                                                Impulsive                          Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans..........  Cell 1: L0-pk,flat: 222    Cell 2: LE,LF,24h: 197 dB.
                                         dB; LE,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans.........  Cell 3: L0-pk,flat: 230    Cell 4: LE,HF,24h: 201 dB.
                                         dB; LE,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans...  Cell 5: L0-pk,flat: 202    Cell 6: LE,VHF,24h: 181 dB.
                                         dB; LE,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater)....  Cell 7: L0-pk.flat: 223    Cell 8: LE,PW,24h: 195 dB.
                                         dB; LE,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater)...  Cell 9: L0-pk,flat: 230    Cell 10: LE,OW,24h: 199 dB.
                                         dB; LE,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
  INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
  associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
  exposure level (LE,) has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to be
  more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
  ``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
  generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
  sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
  and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
  weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying
  exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate
  the conditions under which these thresholds will be exceeded.

    NMFS has also considered whether modifications to mitigation 
requirements, i.e., shutdown zones, would be appropriate in light of 
the Updated Technical Guidance. Based on the outcome of these analyses 
using the Updated Technical Guidance, updated Level A harassment zones 
are presented in table 3 as well as the Level A harassment zones from 
the initial IHA, based on the 2018 Technical Guidance, for comparison. 
Mitigation zones, in consideration of the Updated Technical Guidance 
where appropriate, are discussed in Description of Proposed Mitigation, 
Monitoring, and Reporting Measures section. Although some estimated 
Level A harassment zones have increased using the 2024 guidance, 
consistent with the initial IHA, take by Level A harassment for these 
species is not expected to exceed the amount of take initially 
authorized, in consideration of the reduced number of days of 
construction activity remaining. Maximum distances to the Level A 
harassment threshold for remaining construction activities are shown in 
table 3.

                          Table 3--Remaining Construction Activities and Maximum Distances to the Level A Harassment Thresholds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Level A harassment distance (m) (auditory injury onset)
                                                       Number of                         Total                             \1\
            Structure               Pile size/type       piles          Activity         days   --------------------------------------------------------
                                                                                                  Hf cetaceans \2\  Vhf cetaceans \2\       Phocids
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abandoned guide piles along       12-inch steel pipe            3  Vibratory extract          1          1.8 (0.3)          3.9 (5.3)          6.2 (2.2)
 bulkhead.                         pile.                            (non-impulsive).
Floating dock demolition........  12-inch timber                4  Vibratory extract          1          1.4 (0.2)          3.0 (4.0)          4.7 (1.7)
                                   pile.                            (non-impulsive).

[[Page 8013]]

 
Fender Piles....................  16-inch steel pipe           96  Vibratory install/        48          5.0 (1.1)        10.6 (18.7)         16.8 (7.7)
                                   template pile.                   extract (non-
                                                                    impulsive).
                                  16-inch steel pipe          201  Vibratory install         48          6.6 (0.9)        13.9 (14.3)         22.0 (5.9)
                                   pile.                            (non-impulsive).
Gangway support piles \3\.......  18-inch steel pipe            4  Vibratory/impact           2          4.1 (0.7)         8.8 (11.8)         13.8 (4.8)
                                   pile.                            (non-impulsive/
                                                                    impulsive).
                                                                4  Impact install             2        68.8 (19.3)      834.6 (644.8)      479.1 (289.7)
                                                                    (impulsive).
Small Boat Floating Dock........  36-inch steel                 2  Vibratory install          2         30.4 (5.2)        64.6 (86.6)       101.8 (35.6)
                                   casing/shaft                     (non-impulsive).
                                   guide pile with
                                   rock socket.
                                                                2  Impact install             2       127.0 (35.5)  1,539.8 (1,189.5)      883.9 (534.4)
                                                                    (impulsive).
                                                                2  DTH mono-hammer            2       260.9 (73.0)  3,164.2 (2,444.5)  1,816.5 (1,098.2)
                                                                    (impulsive/non-
                                                                    impulsive).
                                  16-inch steel pipe            4  Vibratory install/         2          6.6 (1.1)        13.9 (18.7)         22.0 (7.7)
                                   template pile.                   extract (non-
                                                                    impulsive).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A harassment zones from the initial IHA are shown in parentheses.
\2\ Hf cetaceans = high-frequency cetaceans; vhf cetaceans = very high frequency cetaceans.
\3\ Gangway support piles would be in support of the small boat floating dock.

    In this proposed renewal, use of the Updated Technical Guidance 
results in changes to the estimated Level A harassment zones, but there 
are no changes to the estimated Level B harassment zones. The updated 
Level A harassment zones are used to inform our understanding of 
potential take by Level A harassment. In table 4, total take numbers 
are based on the methodology that was included in the previous 
authorizations, incorporating the previously described changes (number 
of piles per day and the Updated Technical Guidance). Takes are a 
proportion of the initial authorized takes and based on the days of 
work included in this renewal IHA. Level A harassment numbers have been 
held constant in reflection of the increases to estimated Level A 
harassment zone sizes. Proposed mitigation zones, in consideration of 
the updated isopleths, are discussed in the Proposed Mitigation 
section.
    The number of takes proposed for authorization are a subset of the 
initial authorized takes, reflective of the updated generalized hearing 
ranges and distances to the Level A harassment threshold. The source 
levels, stocks taken, density values, methods of take, and types of 
take remain unchanged from the initial IHA. Estimated takes by Level A 
harassment and Level B harassment, based upon the number of remaining 
in-water work days, are indicated in table 4.

             Table 4--Proposed Number of Takes Level A Harassment and Level B Harassment, by Species and Stock and Percent of Take by Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  2022 authorized take                  2024 proposed renewal
                                                                            ----------------------------------------------------------------------------
           Species            Scientific name       Stock        Abundance                                    Proposed take   Proposed take
                                                                              Take by Level   Take by Level    by Level A      by Level B    Max percent
                                                                              A harassment    B harassment     harassment      harassment     population
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin  Lagenorhynchus   Western North     \1\ 93,233               0              16               0      \2\ (3) 16        0.017
                               acutus.          Atlantic.
Common dolphin..............  Delphinus        Western North     \1\ 93,100               0              39               0     \2\ (10) 28        0.030
                               delphis.         Atlantic.
Harbor porpoise.............  Phocoena         Gulf of Maine/    \1\ 85,765               2              40               2              11        0.015
                               phocoena.        Bay of Fundy.
Harbor seal.................  Phoca vitulina.  Western North         61,336              56           2,067              56             536        0.965
                                                Atlantic.
Gray seal...................  Halichoerus      Western North     \3\ 27,911              11             437              11             113        0.444
                               grypus.          Atlantic.
Harp seal...................  Pagophilus       Western North          7.6 M               4             164               4              43      0.00006
                               groenlandicus.   Atlantic.
Hooded seal.................  Cystophora       Western North            UNK               0              10               0           \4\ 5          UNK
                               cristata.        Atlantic.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This estimate has been updated in the 2023 final stock assessment report.
\2\ Proposed take has been increased to mean group size (NUWC, 2017) for each species for which take estimates are less than mean group size. Calculated
  take estimate is in parentheses.
\3\ This abundance estimate applies to the U.S. population only. The maximum percent population requested for take is based upon the total stock
  abundance for the U.S. and Canada which is approximately 394,311 seals.
\4\ In the initial IHA, NOAA OMAO conservatively requested 1 take by Level B harassment of hooded seal per month of construction when this species may
  occur in the project area (January through May). Although NOAA OMAO estimated 1 take by Level B harassment of hooded seal for this renewal request,
  NMFS has increased this proposed take to 1 take by Level B harassment of hooded seal per month, January through May.

[[Page 8014]]

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures proposed here 
are identical to those included in the Federal Register notice 
announcing the issuance of the initial IHA (87 FR 78072, December 21, 
2022). In addition, the discussion of the least practicable adverse 
impact included in those documents as well as the notice of the 
proposed IHA (87 FR 66133, November 2, 2022) remains accurate. NMFS 
proposes the following measures for this renewal IHA:
    Implementation of shutdown zones: Marine mammal shutdown zones must 
be implemented for all pile driving activities. As shutdown zones are 
based upon the Level A harassment zone for each pile type/size and 
activity, shutdown zones have been updated since the issuance of the 
initial IHA (87 FR 78072, December 21, 2022) and are shown in table 5. 
However, as in the initial IHA, required shutdown zones would be 
limited to a radial distance of 200 m from the acoustic source (87 FR 
78072, December 21, 2022). Shutdown zones must be implemented and 
monitored by NMFS-approved protected species observers (PSOs) as 
follows:
     A minimum shutdown zone of 10 m would be applied for all 
in-water construction activities if the Level A harassment zone is less 
than 10 meters (m);
     If an activity is delayed or halted due to the presence of 
a marine mammal, the activity may not commence or resume until either 
the animal has voluntarily exited and been visually confirmed beyond 
the shutdown zone indicated in table 4 or 15 minutes have passed 
without re-detection of the animal; and
     Construction activities must be halted upon observation of 
a species for which incidental take is not authorized or a species for 
which incidental take has been authorized but the authorized number of 
takes has been met entering or within the harassment zone.
    If a marine mammal enters the Level B harassment zone, in-water 
work would proceed and PSOs would document the marine mammal's presence 
and behavior. Level B harassment zones remain unchanged since issuance 
of the initial IHA and are shown in table 12 of the Federal Register 
notice of the final IHA (87 FR 78072, December 21, 2022).

                                       Table 5--Shutdown Zones by Activity
----------------------------------------------------------------------------------------------------------------
                                                                                     Shutdown zone  (m)
               Pile type/size                        Driving method        -------------------------------------
                                                                                Cetaceans          Pinnipeds
----------------------------------------------------------------------------------------------------------------
12-inch steel pipe.........................  Vibratory....................                 10                 10
12-inch timber.............................  Vibratory extraction.........                 10                 10
16-steel pipe..............................  Vibratory install/extract....                 15                 22
18-steel pipe..............................  Impact install...............              1 200              1 200
                                             Vibratory install............                 10                 15
36-steel pipe..............................  Impact install...............              1 200              1 200
                                             Vibratory install............                 65                102
36-inch shafts.............................  DTH Mono-hammer..............              1 200              1 200
----------------------------------------------------------------------------------------------------------------
1 Distance to shutdown zone distances limited to 200 m from the acoustic source, as described in the Federal
  Register notices for the proposed and final initial IHA (87 FR 66133, November 2, 2022; 87 FR 78072, December
  21, 2022).

    Visual Monitoring--Monitoring must be conducted by NMFS-approved 
PSOs with minimum qualifications as described in the Federal Register 
notices for the proposed and final initial IHA (87 FR 66133, November 
2, 2022; 87 FR 78072, December 21, 2022). Visual monitoring would be 
conducted by a minimum of two trained PSOs positioned at suitable 
vantage points. Any activity for which the Level B harassment isopleth 
would exceed 1,900 meters would require a minimum of three PSOs to 
effectively monitor the entire Level B harassment zone. Where a team of 
three or more PSOs is required, a lead observer or monitoring 
coordinator would be designated. PSOs would likely be located on Gould 
Island South, Gould Island Pier, Coddington Point, Bishop Rock, 
Breakwater, or Taylor Point as shown in figure 11-1 in the application 
for the initial IHA. The lead observer would be required to have prior 
experience working as a marine mammal observer during construction. All 
PSOs would have access to high-quality binoculars, range finders to 
monitor distances, and a compass to record bearing to animals as well 
as radios or cells phones for maintaining contact with work crews.
    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after all in water construction activities. In addition, PSOs 
would record all incidents of marine mammal occurrence, regardless of 
distance from activity, and would document any behavioral reactions in 
concert with distance from piles being driven or removed. Pile driving 
activities include the time to install or remove a single pile or 
series of piles, as long as the time elapsed between uses of the pile 
driving equipment is no more than 30 minutes.
    Pre-start Clearance Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving of 30 
minutes or longer occurs, PSOs would monitor the shutdown, Level A 
harassment, and Level B harassment for a period of 30 minutes. Pile 
driving may commence following 30 minutes of observation when the 
determination is made that the shutdown zones are clear of marine 
mammals. If a marine mammal is observed within the shutdown zones 
listed in table 4, construction activity would be delayed until the 
animal has voluntarily exited and been visually confirmed beyond the 
shutdown zone indicated in table 4 or has not been observed for 15 
minutes. When a marine mammal for which Level B harassment take is 
authorized is present in the Level B harassment zone, activities would 
begin or continue, and an observation of the marine mammal occurrence 
in the Level B harassment zone would be recorded. A determination that 
the shutdown zone is clear must be made during a period of good 
visibility (i.e., the entire shutdown zone and surrounding waters are 
visible). If the shutdown zone is obscured by fog or poor lighting 
conditions, in-water construction activity would not be initiated until 
the entire shutdown zone is visible.
    Soft Start--Soft-start procedures are used to provide additional 
protection to marine mammals by providing warning and/or giving marine 
mammals a chance to leave the area prior to the hammer operating at 
full capacity. For impact

[[Page 8015]]

pile driving, contractors would be required to provide an initial set 
of three strikes from the hammer at reduced energy, followed by a 30-
second waiting period, then two subsequent reduced-energy strike sets. 
Soft start would be implemented at the start of each day's impact pile 
driving and at any time following cessation of impact pile driving for 
a period of 30 minutes or longer.
    Hydro-acoustic Monitoring--NOAA OMAO would implement in situ 
acoustic monitoring efforts to measure sound pressure levels (SPLs) 
from in-water construction activities by collecting and evaluating 
acoustic sound recording levels during activities. Stationary 
hydrophones would be placed 33 ft (10 m) from the noise source, in 
accordance with NMFS' most recent guidance for the collection of source 
levels. If there is the potential for Level A harassment, a second 
monitoring location would be set up at an intermediate distance between 
cetacean/phocid shutdown zones and Level A harassment zones. 
Hydrophones would be deployed with a static line from a stationary 
vessel. Locations of hydro-acoustic recordings would be collected via 
GPS. A depth sounder and/or weighted tape measure would be used to 
determine the depth of the water. The hydrophone would be attached to a 
weighted nylon cord or chain to maintain a constant depth and distance 
from the pile area. The nylon cord or chain would be attached to a 
float or tied to a static line.
    Each hydrophone would be calibrated at the start of each action and 
would be checked frequently to the applicable standards of the 
hydrophone manufacturer. Environmental data would be collected, 
including but not limited to, the following: wind speed and direction, 
air temperature, humidity, surface water temperature, water depth, wave 
height, weather conditions, and other factors that could contribute to 
influencing the airborne and underwater sound levels (e.g., aircraft, 
boats, etc.). The chief inspector would supply the acoustics specialist 
with the substrate composition, hammer or drill model and size, hammer 
or drill energy settings and any changes to those settings during the 
piles being monitored, depth of the pile being driven or shaft 
excavated, and blows per foot for the piles monitored. For acoustically 
monitored piles and shafts, data from the monitoring locations would be 
post-processed to obtain the following sound measures:
     Maximum peak pressure level recorded for all the strikes 
associated with each pile or shaft, expressed in dB re 1 [mu]Pa. For 
pile driving and DTH mono-hammer excavation, this maximum value would 
originate from the phase of pile driving/drilling during which hammer/
drill energy was also at maximum (referred to as level 4); and
     From all the strikes associated with each pile occurring 
during the level 4 phase these additional measures would be made: mean, 
median, minimum, and maximum root mean square (RMS) pressure level in 
[dB re 1 [mu]Pa]; mean duration of a pile strike (based on the 90 
percent energy criterion); and number of hammer strikes. The cumulative 
SEL would be computed from all the strikes associated with each pile 
occurring during all phases, (i.e., soft-start, level 1 to level 4). 
This measure is defined as the sum of all single strike SEL values. The 
sum is taken of the antilog, with log10 taken of result to express in 
[dB re [mu]Pa2 s].
    Hydro-acoustic monitoring would be conducted for at least 10 
percent and up to 10 of each different pile type for each method of 
installation as shown in Table 13-1 in the application for the initial 
IHA. All acoustic data would be analyzed after the project period for 
pile driving and DTH mono-hammer excavation events to confirm SPLs and 
rate of transmission loss for each construction activity.
    Training--NOAA OMAO and the Navy shall conduct briefings between 
construction supervisors and crews, PSOs, NOAA OMAO and Navy staff 
prior to the start of all pile driving activities and when new 
personnel join the work. These briefings would explain 
responsibilities, communication procedures, marine mammal monitoring 
protocol, and operational procedures.
    Reporting--PSOs must record specific information as described in 
the Federal Register notice of the issuance of the initial IHA (87 FR 
78072, December 21, 2022). NOAA OMAO would submit a draft marine mammal 
monitoring report to NMFS within 90 days after the completion of pile 
driving activities, or 60 days prior to a requested date of issuance of 
any future IHAs for the project, or other projects at the same 
location, whichever comes first. If no comments are received from NMFS 
within 30 days, the draft report would constitute the final report. If 
comments are received, a final report addressing NMFS' comments would 
be required to be submitted within 30 days after receipt of comments. 
All PSO datasheets and/or raw sighting data would be submitted with the 
draft marine mammal report. NOAA OMAO must also provide a hydro-
acoustic monitoring report based upon hydro-acoustic monitoring 
conducted during construction activities as described in the Federal 
Register notice for the issuance of the initial IHA (87 FR 78072, 
December 21, 2022).
    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, NOAA OMAO would report the 
incident to the Office of Protected Resources (OPR) 
([email protected]), NMFS and to the Northeast Region 
(GARFO) regional stranding coordinator as soon as feasible. If the 
death or injury was clearly caused by the specified activity, NOAA OMAO 
would immediately cease the specified activities until NMFS is able to 
review the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of the IHAs. NOAA OMAO would not resume their activities until notified 
by NMFS.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (87 
FR 66133, November 2, 2022) and solicited public comments on both our 
proposal to issue the initial IHA for construction activities 
associated with the relocation of NOAA vessels to NAVSTA and on the 
potential for a renewal IHA, should certain requirements be met. No 
public comments were received on the proposed IHA.

Preliminary Determinations

    NOAA OMAO's activities are a subset but otherwise unchanged from 
those analyzed in support of the initial IHA. The effects of the 
activity, taking into consideration the proposed mitigation and related 
monitoring measures, remain unchanged from those evaluated in support 
of 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. This includes consideration of the updated 
acoustic guidance resulting in updated distances to the Level A 
harassment thresholds and estimated abundance of common dolphin and 
harbor porpoise stocks decreasing slightly based upon the 2023 SAR. 
Based on the information and analysis contained here and in the 
referenced documents, NMFS has preliminarily determined the following: 
(1) the required mitigation measures will effect the least practicable 
impact on marine mammal species or stocks and their habitat; (2) the 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the authorized takes

[[Page 8016]]

represent small numbers of marine mammals relative to the affected 
stock abundances; (4) NOAA OMAO'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 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 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 proposed action.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to NOAA OMAO for conducting construction activities 
associated with NOAA vessel relocation at NAVSTA in Newport, RI through 
January 31, 2026, 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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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 this renewal IHA.

    Dated: January 17, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2025-01617 Filed 1-22-25; 8:45 am]
BILLING CODE 3510-22-P
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