[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8048-8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03213]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE432


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Waterfront Construction

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

ACTION: Notice; receipt of application for Letters of Authorization; 
request for comments and information.

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SUMMARY: NMFS' Office of Protected Resources has received a request 
from the U.S. Navy (Navy) for authorization to take small numbers of 
marine mammals incidental to conducting waterfront construction, over 
the course of five years from the date of issuance. Pursuant to 
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of the Navy'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 the Navy's application and request.

DATES: Comments and information must be received no later than March 
18, 2016.

[[Page 8049]]


ADDRESSES: Comments on the applications 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 <a href="/cdn-cgi/l/email-protection#7d34292d53311c0a0e3d13121c1c531a120b"><span class="__cf_email__" data-cfemail="206974700e6c415753604e4f41410e474f56">[email protected]</span></a>.
    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 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 to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm 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: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the Navy's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. The Navy is concurrently releasing a draft 
Environmental Assessment, prepared pursuant to requirements of the 
National Environmental Policy Act, for the conduct of the construction 
projects. A copy of the draft EA, which would also support our proposed 
rulemaking under the MMPA, is available at the same Web site.

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are 
issued.
    Incidental taking shall be allowed if NMFS finds that the taking 
will have a negligible impact on the species or stock(s) affected and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses, and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking 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 January 19, 2016, NMFS received an adequate and complete 
application from the Navy requesting authorization for take of marine 
mammals incidental to waterfront construction conducted by the Navy. 
The requested regulations would be valid for five years, from July 12, 
2017, through July 11, 2022. The Navy plans to conduct work necessary 
to maintain existing waterfront structures as well as to construct new 
structures at Naval Submarine Base Kings Bay, GA (NSB Kings Bay). The 
proposed action may incidentally expose marine mammals occurring in the 
vicinity to elevated levels of underwater sound, thereby resulting in 
incidental take, by Level B harassment only. Therefore, the Navy 
requests authorization to incidentally take marine mammals.

Specified Activities

    To ensure the Navy can continue its mission of supporting the Fleet 
Ballistic Missile System and Trident Submarine Program, the Navy 
proposes to repair (including direct repairs and repairs by component 
replacement) in-water structures at NSB Kings Bay, construct a new 
Transit Protection System Operational Support Facility, and extend the 
existing Layberth Pier. These repairs, upgrades, and new construction 
would (1) address critical damage and mission and safety requirements, 
(2) limit further deterioration and increase the useful life of the 
structures, and/or (3) upgrade infrastructure to meet requirements of 
new submarine technology. Construction will include use of impact and 
vibratory pile driving, including installation and removal of steel, 
concrete, and timber piles.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy'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 the Navy, if appropriate.

    Dated: February 11, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-03213 Filed 2-16-16; 8:45 am]
 BILLING CODE 3510-22-P


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