Federal Register - February 22, 2021
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Fuente: Federal Register
10549
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices location during the proposed construction period March 1, 2021
through March 31, 2021. For the other two species, the number of proposed
takes, which are indicated below in Table 4, are less than those authorized in the 2019 IHA harbor seals: 284 Level A harassment takes, 776 Level B
harassment takes; gray seals: 25 Level A
harassment takes, 35 Level B
harassment takes.
TABLE 4ESTIMATED TAKE PROPOSED FOR RENEWAL AND PROPORTION OF POPULATION POTENTIALLY AFFECTED
Species
Estimated take by Level B
harassment
Estimated take by Level A
harassment
29
3
2
0
Harbor seal
Gray seal
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 2019 IHA 84 FR 24476;
May 28, 2019 and initial IHA 84 FR
67261; December 9, 2019, and the discussion of the least practicable adverse impact included in that document remains accurate. The following measures are proposed for this renewal.
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Proposed Mitigation Requirements In summary, mitigation includes implementation of shut down procedures if any marine mammal approaches or enters the shutdown zone for pile driving 10 meters m 33 feet ft for vibratory pile driving of steel pipe and sheet piles; 50 m 164 ft for impact driving of steel pipe and sheet piles. For in-water heavy machinery work other than pile driving e.g.
standard barges, barge-mounted cranes, excavators, etc., if a marine mammal comes within 10 m, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions.
Trained observers must monitor to implement shutdowns and collect information at each active pile driving location whether vibratory or impact driving of steel pipe or sheet piles.
Pile driving activities may only be conducted during daylight hours. If the shutdown zone is obscured by fog or poor lighting conditions, pile driving will not be initiated until the entire shutdown zone is visible. Work that has been initiated appropriately in conditions of good visibility may continue during poor visibility. The shutdown zone will be monitored for 30
minutes prior to initiating the start of pile driving, during the activity, and for 30 minutes after activities have ceased.
If pinnipeds are present within the shutdown zone prior to pile driving, the
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start will be delayed until the animals leave the shutdown zone of their own volition, or until 15 minutes elapse without re-sighting the animals.
Soft start procedures must be implemented at the start of each days impact pile driving and at any time following cessation of impact driving for a period of thirty minutes or longer. The Navy must conduct an initial set of three strikes from the impact hammer at reduced energy, followed by a 30second waiting period, succeeded by two subsequent three strike sets.
Proposed Monitoring Requirements The Navy will employ trained protected species observers PSOs to conduct marine mammal monitoring for its Portsmouth Naval Shipyard modification and expansion project. The purposes of marine mammal monitoring are to implement mitigation measures and learn more about impacts to marine mammals from the Navys construction activities. The PSOs will be located at the best vantage points primarily on docks and piers to observe and collect data on marine mammals in and around the project area. PSOs will monitor all Level A harassment zones and at least two-thirds of the Level B harassment zones for 30 minutes before, during, and after all pile installation work.
Proposed Reporting Requirements The Navy must provide NMFS with a draft monitoring report within 90
calendar days of the expiration of the IHA, or within conclusion of the construction work, whichever comes first. This report must detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed.
If comments are received from NMFS on the draft report within 30 days, a final report shall be submitted to NMFS
within 30 days thereafter. If no comments are received from NMFS
within 30 days after receipt of the draft report, the draft report will be considered final.
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Fmt 4703
Abundance of stock
Stock
Sfmt 4703
75,834
27,131
Percentage of stock potentially affected 0.04
0.01
In the unanticipated event that the construction activities clearly cause the take of a marine mammal in a manner prohibited by this Authorization, such as an injury, serious injury, or mortality Level A take, the Navy shall immediately cease all operations and immediately report the incident to the NMFS Office of Protected Resources and the NMFS Greater Atlantic Coast Region Stranding Coordinator. The report must include the following information:
1. Time, date, and location latitude and longitude of the incident;
2. Description of the incident;
3. Status of all sound sources used in the 24 hours preceding the incident;
4. Environmental conditions wind speed, wind direction, sea state, cloud cover, visibility, water depth;
5. Description of the marine mammal observations in the 24 hours preceding the incident;
6. Species identification or description of the animals involved;
7. The fate of the animals; and 8. Photographs or video footage of the animals, if equipment is available.
Activities shall not resume until NMFS is able to review the circumstances of the prohibited take.
NMFS will work with the Navy to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA
compliance. The Navy may not resume their activities until notified by NMFS
via letter, email, or telephone.
In the event that the Navy discovers an injured or dead marine mammal, and the marine mammal observer determines that the cause of injury or death is unknown and the death is relatively recent less than a moderate state of decomposition, the Navy will immediately report the incident to the NMFS Office of Protected Resources, and the NMFS Greater Atlantic Coast Region Stranding Coordinator. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS
will work with the Navy to determine
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