Notice2021-13154
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seattle Multimodal Project at Colman Dock in Washington State
Primary source
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Published
June 23, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the Washington State Department of Transportation (WSDOT) for the Renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to Seattle Multimodal Project at Colman Dock in Seattle, Washington State. These activities consist of activities that are covered by the current authorization but will not be completed prior to its expiration. Pursuant to the Marine Mammal Protection Act, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 118 (Wednesday, June 23, 2021)</title>
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[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32895-32901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13154]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB171]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Seattle Multimodal Project at
Colman Dock in Washington State
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed Renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the Washington State Department
of Transportation (WSDOT) for the Renewal of their currently active
incidental harassment authorization (IHA) to take marine mammals
incidental to Seattle Multimodal Project at Colman Dock in Seattle,
Washington State. These activities consist of activities that are
covered by the current authorization but will not be completed prior to
its expiration. Pursuant to the Marine Mammal Protection Act, 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 July 8,
2021.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email to <a href="/cdn-cgi/l/email-protection#bdf4e9ed93fbd2cad1d8cffdd3d2dcdc93dad2cb"><span class="__cf_email__" data-cfemail="09405d59274f667e656c7b4967666868276e667f">[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, including all attachments, must
not exceed a 25-megabyte file size. Attachments to 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 online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> 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: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. 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: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (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 proposed or, if the taking is limited to
harassment, a notice of a proposed incidental take authorization 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
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's 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 one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, 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 one-year Renewal 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, 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 Detailed Description of Specified Activities 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 and Duration 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 one year from expiration of
the initial IHA);
(2) The request for renewal must include the following:
<bullet> 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
<bullet> A preliminary monitoring report showing the results of the
required
[[Page 32896]]
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; and
(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: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. 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 an IHA
Renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs 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 Renewal
qualifies to be categorically excluded from further NEPA review. We
will review all comments submitted in response to this notice prior to
concluding our NEPA process or making a final decision on the IHA
Renewal request.
History of Request
On September 3, 2020, NMFS issued an IHA to WSDOT to take marine
mammals incidental to the fourth year of work associated with the
Seattle Multimodal Project at Colman Dock in Seattle, Washington (85 FR
59737; September 23, 2020), effective from September 10, 2020 through
September 9, 2021. The initial IHA covered one year of the larger
project for which WSDOT obtained prior IHAs (82 FR 31579, July 7, 2017;
83 FR 35226, July 25, 2018; 84 FR 36581, July 29, 2019). On March 18,
2021, 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 (available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>) 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
WSDOT has requested incidental take for construction activities
related to the Seattle Multimodal Project at Colman Dock in Seattle,
Washington State. The activities addressed in this request represent a
subset of the activities analyzed in the initial IHA, consisting of
vibratory pile removal only, and are identical to the activities
described in the initial IHA.
Accordingly the proposed authorized take is for the same eleven
species authorized in the initial IHA (see Table 4), and the amount of
take is reflective of the take estimation methods described in the
initial IHA applied to the remaining work described below.
The following documents are referenced in this notice and include
important supporting information:
<bullet> Initial 2020 final IHA (85 FR 59737; September 23, 2020);
<bullet> Initial 2020 proposed IHA (85 FR 40992; July 8, 2020); and
<bullet> Initial IHA application, references cited, marine mammal
monitoring plan, preliminary monitoring report, and previous public
comments received (available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>).
Detailed Description of the Activity
A detailed description of the pile installation and removal
activities for which take was authorized in the initial IHA may be
found in the Federal Register notices of the proposed and final IHA for
the initial authorization (85 FR 40992, July 8, 2020; 85 FR 59737,
September 23, 2020). Only a subset of the construction activities
remain to be conducted, and the location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices.
Below and in Table 1 we describe the specific in-water pile driving
and pile removal activities that were planned and already occurred
under the initial IHA and those that remain to be completed under this
renewal IHA:
<bullet> Vibratory driving followed by impact proofing (driving) of
36-inch steel piles. A total of 73 piles were installed using the
vibratory hammer over 9 days, with an average of approximately 8 piles
installed per day. Vibratory pile driving and impact proofing occurred
on different days;
<bullet> Vibratory driving and then removal of 24-inch temporary
steel piles. A total of 30 piles were planned be installed and later
removed, with an average of 8 piles installed/removed per day;
<bullet> Vibratory removal of 355 14-inch timber piles over 18
days, with approximately 20 piles removed per day; and
<bullet> Vibratory removal of 30 12-inch steel piles over 3 days,
with 10 piles removed per day.
All vibratory and impact pile installation was completed. Only
vibratory removal of timber and temporary steel piles remains to be
completed (Table 1).
[[Page 32897]]
Table 1--Summary of Planned In-Water Pile Driving
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Number of Number of
piles planned piles Number of
Pile size and type Method to be completed piles to be
completed in under initial completed in
initial IHA IHA IHA renewal
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36-inch Steel......................... Impact drive (proof).... * 73 73 0
36-inch Steel......................... Vibratory drive......... * 73 73 0
24-inch Steel (temporary)............. Vibratory drive......... * 30 30 0
24-inch Steel (temporary)............. Vibratory remove........ * 30 5 25
14-inch Timber........................ Vibratory remove........ 355 316 39
12-inch Steel......................... Vibratory remove........ 30 30 0
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* These are same piles.
The total estimated duration of pile driving activities planned in
the initial IHA was 47 days. In consideration of the time required to
remove each pile using a vibratory hammer and the number of piles that
may be removed per day, a total of eight days of work remain to remove
the rest of the timber piles and temporary steel piles (Table 2).
Due to NMFS and U.S. Fish and Wildlife Service (USFWS) in-water
work timing restrictions to protect Endangered Species Act (ESA)-listed
salmonids, planned WSDOT in-water construction is limited each year to
July 15 through February 15 at this location. For this project, in-
water construction is planned to take place between August 1, 2021 and
February 15, 2022. The proposed Renewal would be effective from August
1, 2021 through July 31, 2022.
Table 2--Estimated Duration of Remaining In-Water Vibratory Pile Removal
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Number of
Pile size and type piles Piles per day Minutes per Duration
remaining pile (days)
----------------------------------------------------------------------------------------------------------------
24-inch steel................................... 25 8 20 4
14-inch timber.................................. 39 10 15 4
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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 proposed IHA for the initial authorization
(85 FR 40992; July 8, 2020) and the Federal Register notice of proposed
IHA for the Year 3 Seattle Multimodal Project at Colman Dock (84 FR
25757; June 4, 2019) and. NMFS has reviewed the monitoring data from
the initial IHA, recent draft Stock Assessment Reports, information on
relevant Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects
which species or stocks have the potential to be affected or the
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 take is
proposed here may be found in the Federal Register notice of proposed
IHA for the initial authorization (85 FR 40992; July 8, 2020). NMFS has
reviewed the monitoring data from the initial IHA, recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events,
and other scientific literature, and determined that neither this nor
any other new information affects our initial analysis of impacts on
marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notices of proposed IHA (85 FR 40992; July 8, 2020) and final IHA (85
FR 59737; September 23, 2020) for the initial authorization.
Specifically, the source levels, corresponding Level A and Level B
harassment zones (in m) and ensonified areas (in square kilometers
(km\2\); Table 3), and marine mammal density/occurrence data applicable
to this authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHA. The only change from the
methods used to estimate take in the initial IHA is the total duration
(days) of pile driving activities, which has been reduced from a total
of 47 days of activities, occurring over the course of seven months, in
the initial IHA to 8 days of remaining activities estimated to occur
within one month.
[[Page 32898]]
Table 3--Level A and Level B Harassment Zones and Ensonified Areas
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Level A harassment distance (m)/area (km\2\) Level B
-------------------------------------------------------------------------------- harassment
Pile type, size & pile driving method distance (m)/
LF cetacean MF cetacean HF cetacean Phocid Otariid area (km\2\)
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Vibratory drive/removal, 24 inch steel piles............ 96.6/0.03 8.6/0.00 142.8/0.06 58.7/0.01 4.1/0.00 8,690/40.53
Vibratory removal 14 inch timber pile................... 8.0/0.00 0.7/0.00 11.8/0.00 4.8/0.00 0.3/0.00 2,154/5.47
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LF = low-frequency; MF = mid-frequency; HF = high-frequency.
Authorized takes would be by Level B harassment only, as use of the
vibratory hammer has the potential to result in disruption of
behavioral patterns for individual marine mammals. The initial IHA
authorized take of harbor seals and harbor porpoises by Level A
harassment from impact pile driving. However, as described in the
initial IHA, based on the nature of the activity remaining in this
Renewal (vibratory pile driving) and the anticipated effectiveness of
the mitigation measures (i.e., shutdown, see Proposed Mitigation
below), Level A harassment is neither anticipated from vibratory pile
driving and is not proposed to be authorized here.
As described in the initial IHA, the initial approach for take
calculation was to use the information aggregated in the U.S. Navy
Marine Species Density Database (U.S. Navy, 2019) with the following
equation:
Total Take = marine mammal density x ensonified area x pile driving
days
However, also as described in the initial IHA, adjustments were
made to all of these initial estimates based on prior observation of
marine mammals in the project area and account for group numbers, and
in fact most estimates were based on a predicted number of individuals
entering the Level B harassment zone per month, with several estimates
also based on a predicted number entering per day. Take estimates for
the activities remaining in this renewal IHA were developed using the
identical methods as the initial IHA, in consideration of the remaining
8 days of work, and equated to one month where monthly estimates were
used. Table 4 indicates the number of each species or stock proposed
for authorization.
Table 4--Estimated Take Proposed To Be Authorized by Species and Stock
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Total proposed Stock Percent of
Species take Stock abundance stock
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Gray whale............................ 1 Eastern North Pacific... 26,960 0.004
Humpback whale........................ 3 California/Oregon/ 2,900 0.103
Washington.
Minke whale........................... 1 California/Oregon/ 636 0.157
Washington.
Killer whale.......................... 10 West Coast transient.... 349 2.865
Bottlenose dolphin.................... 7 California/Oregon/ 1,924 0.364
Washington offshore.
Harbor porpoise....................... 100 Washington inland waters 11,233 0.890
Dall's porpoise....................... 5 California/Oregon/ 25,750 0.019
Washington.
Harbor seal........................... 720 Washington northern 11,036 6.524
inland waters.
Northern elephant seal................ 1 California breeding..... 179,000 0.001
California sea lion................... 232 U.S..................... 257,606 0.090
Steller sea lion...................... 8 Eastern U.S............. 43,201 0.019
----------------------------------------------------------------------------------------------------------------
We have reviewed the preliminary monitoring report submitted by
WSDOT and the monitoring results do not indicate impacts of a scale or
nature not previously analyzed or authorized and, therefore, these
estimates are appropriate.
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
initial IHA (85 FR 59737; September 23, 2020), with the exception of
mitigation measures specific to impact pile driving, which will not
occur under this IHA. The discussion of the least practicable adverse
impact included in that document remains accurate. The following
measures are proposed for this renewal:
Proposed Mitigation
Time Restriction--The applicant stated that work would occur only
during daylight hours, when visual monitoring of marine mammals can be
conducted. In addition, all in-water construction will be limited to
the period between August 1, 2021, and February 15, 2022.
Establishing and Monitoring Level A, Level B Harassment Zones, and
Exclusion Zones--Before the commencement of in-water construction
activities, which include vibratory pile removal, WSDOT shall establish
Level A harassment zones where received underwater sound pressure
levels (SPLs) or cumulative sound exposure levels (SEL<INF>cum</INF>)
could cause permanent threshold shift (PTS).
WSDOT shall also establish Level B harassment zones where received
underwater SPLs are higher than 120 decibels root-mean-square
(dB<INF>rms</INF>) re 1 microPascal ([micro]Pa) for continuous noise
sources (e.g., vibratory pile removal).
WSDOT shall establish exclusion zones as shown in Table 5 to
prevent Level A harassment takes of all marine mammal hearing groups.
For in-water heavy machinery work other than pile driving (e.g.,
standard barges, etc.), if a marine mammal comes within 10 m,
operations shall cease and vessels shall reduce speed to the minimum
level required to maintain steerage and safe working conditions. This
type of work could include the following activities: (1) Movement of
the barge to the pile location; or (2) positioning of the pile on the
substrate via a crane.
[[Page 32899]]
WSDOT shall establish exclusion zones for Southern Resident killer
whales (SRKW) and all marine mammals for which takes are not authorized
at the Level B harassment distances. Specifically, for vibratory
removal of 24-inch steel piles, a 8.7 km exclusion zone shall be
established. For vibratory removal of 14-inch timber piles, a 2.2 km
exclusion zone shall be established.
A summary of exclusion zones is provided in Table 5.
Table 5--Exclusion Zones by Species and Hearing Group
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exclusion distance (m)
Pile type and size -----------------------------------------------------------------------------------------------
LF MF HF Phocid Otariid SRKW
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-inch steel........................................... 100 10 150 60 10 8,700
14-inch timber.......................................... 10 10 15 10 10 2,200
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS-approved protected species observers (PSOs) shall conduct an
initial survey of the exclusion zones to ensure that no marine mammals
are seen within the zones beginning 30 minutes before removal of a pile
segment begins. If marine mammals are found within the exclusion zone,
pile driving of the segment would be delayed until they move out of the
area. If a marine mammal is seen above water and then dives below, the
contractor would wait 15 minutes. If no marine mammals are seen by the
observer in that time it can be assumed that the animal has moved
beyond the exclusion zone.
If pile driving of a segment ceases for 30 minutes or more and a
marine mammal is sighted within the designated exclusion zone prior to
commencement of pile removal, the observer(s) must notify the pile
driving operator (or other authorized individual) immediately and
continue to monitor the exclusion zone. Operations may not resume until
the marine mammal has exited the exclusion zone or 15 minutes have
elapsed since the last sighting.
Shutdown Measures--WSDOT shall implement shutdown measures if a
marine mammal is detected within or entering an exclusion zone listed
in Table 5.
WSDOT shall also implement shutdown measures if SRKW are sighted
within the vicinity of the project area and are approaching the Level B
harassment zone during in-water construction activities.
If a killer whale approaches the Level B harassment zone during
pile driving or removal, and it is unknown whether it is a SRKW or a
transient killer whale, it shall be assumed to be a SRKW and WSDOT
shall implement the shutdown measure.
If a SRKW or an unidentified killer whale enters the Level B
harassment zone undetected, in-water pile driving or pile removal shall
be suspended until the whale exits the Level B harassment zone, or 15
minutes have elapsed with no sighting of the animal, to avoid further
Level B harassment.
Further, WSDOT shall implement shutdown measures if the number of
authorized takes for any particular species reaches the limit under the
IHA (if issued) and if such marine mammals are sighted within the
vicinity of the project area and are approaching the Level B harassment
zone during in-water construction activities.
Coordination with Local Marine Mammal Research Network--Prior to
the start of pile driving for the day, WSDOT shall contact the Orca
Network and/or Center for Whale Research to find out the location of
the nearest marine mammal sightings. The Local Marine Mammal Research
Network consists of a list of over 600 (and growing) residents,
scientists, and government agency personnel in the United States and
Canada. Sightings are called or emailed into the Orca Network and
immediately distributed to other sighting networks including: the NMFS
Northwest Fisheries Science Center, the Center for Whale Research,
Cascadia Research, the Whale Museum Hotline and the British Columbia
Sightings Network.
Sightings information collected by the Orca Network includes
detection by hydrophone. The SeaSound Remote Sensing Network is a
system of interconnected hydrophones installed in the marine
environment of Haro Strait (west side of San Juan Island) to study orca
communication, in-water noise, bottom fish ecology and local climatic
conditions. A hydrophone at the Port Townsend Marine Science Center
measures average in-water sound levels and automatically detects
unusual sounds. These passive acoustic devices allow researchers to
hear when different marine mammals come into the region. This acoustic
network, combined with the volunteer (incidental) visual sighting
network allows researchers to document presence and location of various
marine mammal species.
Proposed Monitoring and Reporting
Monitoring Measures--WSDOT shall employ NMFS-approved PSOs to
conduct marine mammal monitoring for its Seattle Multimodal Project at
Colman Dock. The PSOs will observe and collect data on marine mammals
in and around the project area for 30 minutes before, during, and for
30 minutes after all pile removal and pile installation work. NMFS-
approved PSOs shall meet the following requirements:
1. Independent observers (i.e., not construction personnel) are
required;
2. At least one observer must have prior experience working as an
observer;
3. Other observers may substitute education (undergraduate degree
in biological science or related field) or training for experience;
4. Where a team of three or more observers are required, one
observer should be designated as lead observer or monitoring
coordinator. The lead observer must have prior experience working as an
observer; and
5. NMFS will require submission and approval of observer Curriculum
Vitas;
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Due to the different sizes of zones of influence (ZOIs) from different
pile sizes, several different ZOIs and different monitoring protocols
corresponding to a specific pile size will be established. During
vibratory removal of 24-inch steel piles, four land-based PSOs and one
ferry-based PSO will monitor the zone. During vibratory removal of 14-
inch timber piles, four land-based PSOs will monitor the zone.
Locations of the land-based PSOs and routes of monitoring vessels are
shown in WSDOT's Marine Mammal Monitoring Plan, which is available
online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>.
To verify the required monitoring distance, the exclusion zones and
zones of influence will be determined by using
[[Page 32900]]
a range finder or hand-held global positioning system device.
Reporting Measures--WSDOT is required to submit a draft report on
all marine mammal monitoring conducted under the IHA (if issued) within
90 calendar days of the completion of the project. A final report shall
be prepared and submitted within 30 days following resolution of
comments on the draft report from NMFS.
The marine mammal report must contain the informational elements
described in the Marine Mammal Monitoring Plan for the initial IHA,
dated May 12, 2020, including, but not limited to:
1. Dates and times (begin and end) of all marine mammal monitoring;
2. Construction activities occurring during each daily observation
period, including how many and what type of piles were driven or
removed;
3. Weather parameters and water conditions during each monitoring
period (e.g., wind speed, percent cover, visibility, sea state);
4. The number of marine mammals observed, by species, relative to
the pile location and if pile driving or removal was occurring at time
of sighting;
5. Age and sex class, if possible, of all marine mammals observed;
6. PSO locations during marine mammal monitoring;
7. Distances and bearings of each marine mammal observed to the
pile being driven or removed for each sighting (if pile driving or
removal was occurring at time of sighting);
8. Description of any marine mammal behavior patterns during
observation, including direction of travel and estimated time spent
within the Level B harassment zones while the source was active;
9. Number of individuals of each species (differentiated by month
as appropriate) detected within the monitoring zone;
10. Detailed information about any implementation of any mitigation
triggered (e.g., shutdowns and delays), a description of specific
actions that ensued, and resulting behavior of the animal, if any;
11. Description of attempts to distinguish between the number of
individual animals taken and the number of incidences of take, such as
ability to track groups or individuals; and
12. Submit all PSO datasheets and/or raw sighting data (in a
separate file from the Final Report referenced immediately above).
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, WSDOT shall report the
incident to the Office of Protected Resources (OPR) (301-427-8401),
NMFS and to the West Coast Region (WCR) regional stranding coordinator
(1-866-767-6114) as soon as feasible. If the death or injury was
clearly caused by the specified activity, WSDOT must 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 IHA. WSDOT must
not resume their activities until notified by NMFS.
The report must include the following information:
1. Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
2. Species identification (if known) or description of the
animal(s) involved;
3. Condition of the animal(s) (including carcass condition if the
animal is dead);
4. Observed behaviors of the animal(s), if alive;
5. If available, photographs or video footage of the animal(s); and
6. General circumstances under which the animal was discovered.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (85
FR 40992; July 8, 2020) and solicited public comments on both our
proposal to issue the initial IHA for the Seattle Multimodal Project at
Colman Dock and on the potential for a Renewal IHA, should certain
requirements be met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (85 FR 59737; September 23, 2020). Below,
we describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
Renewal of the initial 2020 IHA.
Comment: The Marine Mammal Commission recommended that NMFS refrain
from issuing renewals for any authorization and instead use its
abbreviated Federal Register notice process, which is similarly
expeditious and fulfills NMFS's intent to maximize efficiencies.
Response: In prior responses to comments about IHA Renewals (e.g.,
84 FR 52464; October 02, 2019 and 85 FR 53342, August 28, 2020), NMFS
has explained how the Renewal process, as implemented, is consistent
with the statutory requirements contained in section 101(a)(5)(D) of
the MMPA, provides additional efficiencies beyond the use of
abbreviated notices, and, further, promotes NMFS' goals of improving
conservation of marine mammals and increasing efficiency in the MMPA
compliance process. Therefore, we intend to continue implementing the
Renewal process.
Preliminary Determinations
The construction activities proposed by WSDOT are a subset of, and
identical to, those analyzed in the initial IHA, and the method of
taking and the effects of the action are identical to the initial IHA
(though the amount of proposed authorized take is notably lower). The
potential effects of WSDOT's activities are limited to Level B
harassment in the form of behavioral disturbance. In analyzing the
effects of the activities in the 2020 IHA, NMFS determined that WSDOT's
activities would have a negligible impact on the affected species or
stocks and that the authorized take numbers of each species or stock
were small relative to the relevant stocks (e.g., less than one-third
of all stocks). The mitigation measures and monitoring and reporting
requirements as described above are identical to 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. Based on the information and analysis
contained here and in the referenced documents, NMFS has 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
represent small numbers of marine mammals relative to the affected
stock abundances; (4) WSDOT'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, in this case with the West Coast Region
Protected Resources Division, whenever
[[Page 32901]]
we propose to authorize take for endangered or threatened species.
The only species listed under the ESA with the potential to be
present in the action area are the Mexico Distinct Population Segment
(DPS) and Central America DPS of humpback whales. The effects of this
Federal action were adequately analyzed in NMFS' Biological Opinion for
the Seattle Multimodal Project at Colman Dock, Seattle, Washington,
dated October 1, 2018, which concluded that issuance of an IHA would
not jeopardize the continued existence of any endangered or threatened
species or destroy or adversely modify any designated critical habitat.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a Renewal IHA to WSDOT to conduct the Seattle Multimodal Project
at Colman Dock Year 4 in Washington State, between August 1, 2021 and
July 31, 2022, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed and final initial IHA can be found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. 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 MMPA
authorization.
Dated: June 17, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-13154 Filed 6-22-21; 8:45 am]
BILLING CODE 3510-22-P
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