Overview
Title
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Repair and Replacement of the Q8 Bulkhead at Naval Station Norfolk
Agencies
ELI5 AI
The Navy asked to change the start and end dates for a plan to fix a big wall at a naval station, and this change might affect sea animals nearby. The people in charge said okay but decided there wouldn't be a chance for people to say what they think about this change.
Summary AI
The National Marine Fisheries Service (NMFS), part of the National Oceanic and Atmospheric Administration (NOAA) under the Commerce Department, published a rule regarding the incidental taking of marine mammals during the U.S. Navy's Q8 bulkhead repair and replacement project at Naval Station Norfolk in Virginia. The Navy requested a delay of the rule's effective date from January 1, 2025, to August 4, 2025, and an extension of the expiration date to August 3, 2030, due to construction delays. This rule allows for the incidental impact on small numbers of marine mammals from activities like pile removal and installation, which will take place in phases over 212 non-consecutive days. The NMFS decided not to hold a further public comment period as the changes only affect the dates and not the conditions or assessments of the original rule.
Abstract
NMFS published a final rule on October 9, 2024, for the taking of marine mammals incidental to the Q8 bulkhead repair and replacement project at Naval Station (NAVSTA) Norfolk in Norfolk, Virginia over the course of 5 years (i.e., 2025-2029). The Navy has requested the effective date of the rule be modified from January 1, 2025, to August 4, 2025, and modify the expiration date from December 31, 2029 to August 3, 2030.
Keywords AI
Sources
AnalysisAI
The document, issued by the National Marine Fisheries Service (NMFS) under the National Oceanic and Atmospheric Administration (NOAA), outlines a delay in the effective date of a rule concerning the incidental taking of marine mammals. This rule relates to the U.S. Navy's repair and replacement of the Q8 bulkhead at Naval Station Norfolk, Virginia. Originally set to start on January 1, 2025, the Navy's construction, involving activities that may inadvertently impact marine mammals, will now commence on August 4, 2025, extending through August 3, 2030. The delay is due to unforeseen construction schedule changes.
Significant Issues and Concerns
One major concern is the lack of a new public comment period, as the NMFS opted to bypass this step, citing that further public involvement is "unnecessary" and "contrary to the public interest." This decision could potentially be seen as less transparent, reducing public trust in the process. The waiver of additional public comment may be perceived as dismissing public input on environmental issues that could affect local ecosystems and communities. Furthermore, the document is filled with technical jargon such as "incidental take" and "Level B harassment," which might not be easily understood by the general public. Simplifying or explaining these terms within the document would aid public comprehension and involvement.
Additionally, the delay suggests potential inefficiencies in project management or initial scheduling, highlighting the need for improved planning to prevent similar issues in the future. The mention of a possible gap in coverage for the Navy's construction activities until the new effective date underscores this concern.
Public Impact
The document's implications for the public are multifaceted. Broadly, it reflects a government effort to balance national security infrastructure needs with environmental protections for marine life. The delay itself might not have severe immediate effects on the general public but raises questions about project management within federal processes.
Stakeholder Impact
Positive Impacts:
For the U.S. Navy, the new timeline may alleviate some pressure to meet previously set schedules, allowing more time to prepare and execute construction while still maintaining the environmental safeguards as originally intended. This re-scheduling may lead to better project outcomes, with the possibility of increased efficiency and fewer disruptions.
Negative Impacts:
Environmental groups and advocates for marine wildlife may view the delay and the process around it with skepticism due to the circumvention of additional public comment. They might be concerned about the extended timeframe increasing potential risks to marine mammals. On the other hand, they might appreciate that the NMFS is still requiring strict adherence to previously established environmental safeguards.
In essence, while the NMFS document reflects necessary administrative adjustments to accommodate real-world complications, it also highlights areas where government processes could be more inclusive and transparent. The public's understanding and trust in federal actions on marine and environmental issues could benefit from clear communication and engagement.
Issues
• The document delays the effective date of a previously published rule, which might suggest potential inefficiencies in scheduling or project management.
• The justification for waiving public notice and comment is based on the argument that it is 'unnecessary and contrary to the public interest.' This could be viewed as insufficiently transparent or dismissive of public involvement.
• The language in the section describing the Administrative Procedures Act could be considered complex and may not be easily understood by the general public.
• The document notes that failure to modify the effective dates risks a potential lapse in coverage, which implies the original scheduling may not have been adequately planned.
• The use of terms such as 'incidental take' and 'Level B harassment' are highly technical and might not be clear to a non-specialist audience.