Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Training Exercises at Naval Base Ventura County, Port Hueneme

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 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 incidental take authorization may be 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 in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.

The NDAA (Pub. L. 108-136) removed the “small numbers” and “specified geographical region” limitations indicated above and amended the definition of “harassment” as it applies to a “military readiness activity.” The activity for which incidental take of marine mammals is being requested addressed here qualifies as a military readiness activity.

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 has preliminarily determined that the issuance of the proposed IHA qualifies to be categorically excluded from further NEPA review.

We will review all comments submitted in response to this notification prior to concluding our NEPA process or making a final decision on the IHA request.

History of Request

On August 18, 2021, NMFS received a request from the Navy for an IHA to take marine mammals incidental to pile driving training exercises at NBVC. That application was deemed adequate and complete on January 12, 2023. NMFS published a notice of a proposed IHA and request for comments in the Federal Register on March 15, 2023 (88 FR 15956). We subsequently published the final notice of our issuance of the IHA on May 4, 2023 (88 FR 28517); the IHA was effective from May 1, 2023 through April 30, 2024. The specified activities were expected to result in the take of California sea lions ( Zalophus californius) and harbor seals ( Phoca vitulina richardii) by Level B harassment only. Neither the Navy nor NMFS expected serious injury or mortality to result from this activity and, therefore, an IHA was appropriate.

On February 22, 2024 NMFS received notification from the Navy that only one of four planned training exercises were completed under the initial IHA. On March 5, 2023 the Navy requested a renewal of the initial IHA; however, the Navy and NMFS deemed that it would be appropriate to issue a proposed IHA rather than undertake the renewal process given the Navy's desire to request changes to the specified activity. On May 13, 2024, the Navy submitted an application requesting that a new IHA be issued that would allow take of California sea lions and harbor seals, by Level B harassment only, incidental to four pile driving training exercises at NBVC, effective for 1 year after the date of issuance. Revised applications were received on August 6, 2024, and September 12, 2024. The application was deemed adequate and complete on September 24, 2024. Proposed changes from the initial IHA include those associated with the Navy's request, in some instances, to install and remove additional piles during the training exercises over additional days ( i.e., more than were addressed in the initial IHA) due to emergent training requirements and tempo (see the Description of the Specified Activities and Anticipated Impacts section for more details). In addition, on May 3, 2024, NMFS published and solicited public comment on its draft Updated Technical Guidance (89 FR 36762), which includes updated hearing ranges and names for marine mammal hearing groups as well as updated thresholds and weighting functions to inform auditory injury estimates ( i.e., for Level A harassment). To ensure take by Level A harassment is appropriately considered, and in order to support consideration of the best available science, comparative calculations using both the existing NMFS Technical Guidance (NMFS, 2018) and the NMFS Updated Technical Guidance (NMFS, 2024) have been conducted and provided for consideration of take by Level A harassment. These proposed changes do not affect the previous analyses, mitigation, and monitoring requirements, or method of take calculations, outside of the inclusion of slightly larger Level A harassment zones and shutdown zones due to the increased numbers of piles anticipated to be installed and or removed within a day, and that the proposed training exercises would be completed in 136 days instead of 96 days. In evaluating the 2024 request and to the extent deemed appropriate, NMFS relies on the information presented in notices associated with the issuance of the initial IHA (88 FR 15956, March 15, 2023; 88 FR 28517, May 4, 2023).

The Navy submitted a monitoring report on March 4, 2023, based on the work completed under the initial IHA, which confirms that the applicant implemented the required mitigation and monitoring during the initial year of the activity, and that they did not exceed the authorized levels of take under the initial IHA. These monitoring results, as well as the Navy's current request and application, are available to the public on our website: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port.

Description of the Proposed Activities and Anticipated Impacts

Overview

The primary mission of NBVC is to provide a home port and to furnish training, administrative, and logistical support for the Naval Construction Battalions. As described in the initial IHA, Naval Construction Group ONE proposed to execute pile driving training exercises at NBVC that are essential to construction battalion personnel prior to deployment. The specific components of each exercise could vary based on the specific training requirements for each battalion, but could include vibratory and impact pile driving, temporary pier construction, and subsequent removal of all installed materials. These are military readiness activities, as defined under the NDAA of Fiscal Year 2004 (Pub. L. 108-136).

Under the initial IHA, the Navy requested take by Level B harassment for California sea lions and harbor seals incidental to up to four pile driving training exercises, each of which could include installation and removal of a sheet pile wall and round pile pier. Level A harassment was not anticipated, requested, or authorized. It was estimated that each training exercise could take up to 24 days (12 days for pile installation and 12 days for pile removal), for a total of up to 96 days over the four training exercises. Due to issues with equipment, the Navy only performed one training activity for 11 days during the initial authorization period. The Navy is requesting a new IHA so that it can complete an additional four training exercises during the new IHA period. Due to emergent training requirements and tempo, the Navy is requesting, in some instances, to install and remove additional piles during the training exercises across a total of 136 days (34 active in-water pile driving per training exercise). The new IHA, if authorized, would be valid for 1 year from the date of issuance.

To support public review and comment on the IHA that NMFS is proposing to issue here, we refer to the documents related to the previously issued IHA and discuss any new or changed information here. The previous documents include the Federal Register notice of the proposed IHA (88 FR 15956, March 15, 2023), the Federal Register notice of issuance of the initial IHA (88 FR 28517, May 4, 2023), and all associated references and documents. We also refer the reader to the Navy's previous and current applications and monitoring reports which can be found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port.

Dates and Duration

The initial IHA considered 96 total annual days of active in-water pile installation and removal, which would be spread over four annual training exercises, each of which was estimated to last 24 days. The current request considers a total of 136 total annual days of active water in-water pile installation and removal spread over four annual training exercises ( i.e., each training exercise is estimated to last up to 34 days). Each workday would occur during daylight hours, and would last approximately 8 hours, but pile installation/removal would not occur for the entire eight hours. Due to the availability of resources, requirements by NBVC for port use, and battalion training needs, it is not possible to predict the precise dates of training activities; however, no more than four separate training events would occur over the duration of the proposed 1-year IHA.

Specific Geographic Region

A detailed description of the specific geographic region for the Navy's activities is found in the Federal Register notice of the proposed IHA for the initial IHA (88 FR 15956, March 15, 2023) and associated documents (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port ). This description remains accurate and is referenced herein.

Detailed Description of the Activity

A detailed description of the training exercise for which take is proposed here may be found in the Federal Register notices of the proposed and final IHA for the initial authorization (88 FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023, respectively), and in associated documents (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port ). The description, including of the activities, including the types of equipment planned for use, are identical to those described in the previous notices and remains accurate with the exception of anticipated production rates, which are described in more detail below.

The Navy has requested, in some instances, to increase the number of piles that may be driven in a day due to emergent training requirements and tempo. Differences between the initial and proposed IHAs are shown in table 1. Specifically, the initial IHA considered that a total of 15 24-inch steel sheet piles, 10 16-inch timber piles, and 4 14-inch H-beam steel piles may be driven during each training exercise. The current request proposes that up to 30 24-inch steel sheet piles, 12 16-inch timber piles, and 6 14-inch H-beam steel piles may be driven during each training exercise. These changes represent a 65.5-percent increase in the total number of piles anticipated to be installed and removed each training exercise.

Anticipated production rates for installation and removal with a vibratory and or impact hammer, and how these rates compared to the initial IHA, are provided in table 1. To allow for unanticipated variation in production rates and to account for any training that is slowed or delayed due to the need to meet specific training or mitigation requirements ( e.g., additional delays or shutdowns due to larger shutdown zones; see the Proposed Mitigation section of this notice for more details), the Navy has added buffer days to the total anticipated activity days proposed for the training exercises. The buffers for vibratory pile installation and removal include 12 days for 24-inch steel sheets, 3 days for 16-in round timber piles, and 3 days for 14-in steel H-piles. The buffers for impact driving include 4 days for 16-in round timber piles and 3 days for 14-in steel H-piles. With these buffer days added, the Navy anticipates that pile driving could occur on up to 34 days each training exercise, for a total of 136 days spread across the four training exercises. Buffer days were not considered in the initial IHA. The initial IHA anticipated that it could take 5 days to install and 5 days to remove the 24-inch steel sheets, 5 days to install and 5 days to remove 16-in round timber piles, and 2 days to install and 2 days to remove the 14-in steel H-piles, for a total of 24 days per training exercise and 96 days during the 1-year IHA effective period (see table 1 in the Federal Register notices of the proposed and final IHA for the initial authorization; 88 FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023, respectively). Therefore, the current proposed training exercises could occur for up to 10 additional days each training exercise and up to 40 additional days during the proposed 1-year authorization period compared to the initial IHA.