Notice2021-15238
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Service Pier Extension Project at Naval Base Kitsap Bangor, Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the United States Navy (Navy) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Service Pier Extension (SPE) Project at Naval Base Kitsap Bangor in Silverdale, Washington. These activities are identical with activities that were 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 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38025-38033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15238]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB149]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Service Pier Extension Project
at Naval Base Kitsap Bangor, Washington
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 United States Navy (Navy) for
the renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to the Service
Pier Extension (SPE) Project at Naval Base Kitsap Bangor in Silverdale,
Washington. These activities are identical with activities that were
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 August
3, 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#4a031e1a641a253e262529210a24252b2b642d253c"><span class="__cf_email__" data-cfemail="135a47433d437c677f7c7078537d7c72723d747c65">[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
[[Page 38026]]
information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, 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/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor">https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor</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
modification IHA (85 FR 74989; November 24, 2020), 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
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).
<bullet> A preliminary monitoring report showing the results of the
required 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.
(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
incidental harassment authorization) with respect to potential impacts
on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental harassment 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 determined that the issuance of the
IHA qualifies to be categorically excluded from further NEPA review.
History of Request
On June 28, 2018, NMFS published a notice of our issuance of an IHA
to the United States Navy (Navy) authorizing take of five species of
marine mammals by Level A and Level B harassment incidental to the pile
installation and removal activities (by impact pile driving and
vibratory pile driving) for the Service Pier Extension (SPE) Project at
Naval Base Kitsap Bangor in Silverdale, Washington (83 FR 30406).
Species authorized for take included killer whales (Orcinus orca;
transient stock only), harbor porpoise (Phocoena phocoena vomerina),
California sea lions (Zalophus californianus), Steller sea lions
(Eumetopias jubatus monteriensis), and harbor seals (Phoca vitulina
richardii). The effective dates of
[[Page 38027]]
that IHA were July 16, 2019 through July 15, 2020.
On February 4, 2019, the Navy informed NMFS that the project was
being delayed by one full year. None of the work identified in the
initial IHA (83 FR 30406; June 28, 2018) had occurred and no marine
mammals had been taken during the effective dates of the original IHA,
and the Navy submitted a formal request for reissuance of the initial
IHA with new effective dates of July 16, 2020 through July 15, 2021 and
no other changes. NMFS re-issued this IHA on July 3, 2019 (84 FR
31844).
On October 14, 2020, NMFS received a request from the Navy for a
modification to the re-issued IHA due to an elevated harbor seal take
rate. The Navy felt that without an increase in authorized take of
harbor seals, they would be forced to repeatedly shutdown whenever
animals entered into the specified Level A harassment zones. This would
likely prolong the duration of in-water construction activities and add
increased costs to the project. Following a 30-day public comment
period, NMFS issued a modified IHA, including revisions to mitigation
and increased authorized takes by Level A harassment for harbor seals
(85 FR 86538, December 30, 2020), and kept the same July 15, 2021
expiration date that was initially published in the reissuance (84 FR
31844; July 3, 2019).
On April 26, 2021, NMFS received an application for a renewal of
the current IHA (85 FR 86538; December 30, 2020). As described in the
application for renewal IHA, the activities for which incidental take
is requested consist of activities that are covered by the modified IHA
but will not be completed prior to its expiration, and the take
estimates for all species are based on the 2018 initial IHA and
subsequent 2020 modification (for harbor seals only). As required, the
applicant also provided a preliminary monitoring report (available at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor">https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor</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. This application was considered adequate and
complete on June 15, 2021.
Worth noting and as stated above, NMFS has previously issued an IHA
and subsequent reissuances and modifications to the Navy for the subset
of activities contained in the Navy's 2021 renewal IHA request. Because
the full scope of activities were originally addressed in the initial
2018 IHA (83 FR 30406; June 28, 2018) and the 2020 modified IHA (85 FR
86538), any discussion regarding the scope of analysis and evaluations
in this document relating specifically to the issuance of the renewal
are explained in more detail in the initial IHA (83 FR 30406; June 28,
2018), in the subsequently proposed modified (85 FR 74989; November 24,
2020), and in the final modified IHA (85 FR 86538; December 30, 2020).
Description of the Specified Activities and Anticipated Impacts
The Navy will be unable to complete all the planned work during the
160-day in-water work window (125 days for the steel pile installation
and extraction using a combination of vibratory and impact methods, and
35 days for the concrete impact pile installation) described in the
2018 IHA at Naval Base Kitsap Bangor before the expiration date of July
15, 2021. Therefore, they have requested a renewal IHA to authorize
take of marine mammals for the subset of the initially planned work
that is not expected to be completed.
As described in the renewal application and conducted under the
IHAs to date, the Navy planned to install 203 36-inch (90 centimeter
(cm)) diameter steel piles and 50 24-inch (60 cm) diameter steel pipe
support piles). Both of these would have been completed using vibratory
and impact ``proofing'' methods (using an impact hammer to test the
functionality of the pile installation). The Navy also planned to
temporarily install and subsequently extract 27 36-inch (90 cm)
diameter steel falsework piles by vibratory hammer with impact
``proofing''. Thirty-six creosote timber piles (19 18-inch (45 cm)
diameter and 17 15-inch (38 cm) diameter piles) would have been removed
using a vibratory hammer. Lastly, 103 18-inch (45 cm) square concrete
fenders piles would have been installed via impact pile driving. The
Monitoring Report submitted by the Navy described only a fraction of
these activities of which take was authorized under the current IHA
occurred, as determined by their project engineers. These include the
removal of 22 18-inch creosote-treated timber piles, the installation
of 11 24-inch steel piles for the small craft and mooring dolphins, and
the installation of 176 36-inch steel piles for the pier and wave
screen attachment.
The only work that remains is the installation of the 103 18-inch
square concrete fender piles by impact pile driving. These activities
were not able to occur during the current IHA. The Navy expects that
this will require 35 days during a specified in-water work window (July
16 through January 15) during the year allowed by the renewal IHA. This
work window is the same as discussed in the 2018 IHA where work is
targeted to avoid conducting activities when ESA-listed juvenile
salmonids are likely to be present in the area (February-July; USACE,
2015).
The mitigation and monitoring would be identical to that included
in the 2018 IHA (83 FR 30406; June 28, 2018), with the exception of
specified shutdown parameters due to the presence of harbor seals added
in the modified IHA (85 FR 86538; December 30, 2020). All documents
associated with the 2018 IHA (i.e., the IHA application, the proposed
IHA, the public comments, the final IHA, references, and the monitoring
reports) can be found on NMFS's website: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor">https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor</a>. All documents
associated with the subsequent reissuances and modifications (Federal
Register notices, draft and final IHAs, and public comments) can be
found at this location.
Anticipated impacts, which would include both Level A and Level B
harassment of marine mammals, would also be identical to those analyzed
and authorized in the 2018 IHA (though fewer, since this project is
comprised of a subset of activities). Species with the expected
potential to be present during all or a portion of the in-water work
window include the killer whale, the harbor porpoise, the California
sea lion, the Steller sea lion, and the harbor seal. Monitoring results
from the 2020-2021 construction activities (Table 1) indicate that
observed exposures above Level A and Level B harassment thresholds were
below the amount authorized in association with the amount of work
conducted (see the Marine Mammal Monitoring Report on NMFS's website).
Thus, a subset of Level A and Level B harassment takes remaining from
those authorized under the 2018 IHA (and subsequent reissuances and
modifications) will be sufficient to cover the 2021-2022 concrete pile
installation activities during the 2021 renewal IHA.
[[Page 38028]]
Table 1--Take Authorized by Species and Stock in 2020-2021 IHA and Observed Take in the 2020-2021 Construction
Window
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Authorized Authorized
Level A Level B Observed Level Observed Level
Species Stock harassment harassment A harassment B harassment
takes takes takes takes
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Killer whale.................. West coast 0 48 0 \2\ 0
transient.
Harbor porpoise............... Washington 0 2,728 0 451
inland waters.
California sea lion........... United States... 0 7,816 0 251
Steller sea lion.............. Eastern United 0 503 0 16
States.
Harbor seal................... Hood Canal...... \1\ 509 \1\ 5,216 129 429
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\1\ Changed per public comments addressed on the notice of the final modified IHA (85 FR 86538; December 30,
2020).
\2\ Observed by Protected Species Observers (PSOs; also referred to as Marine Mammal Observers (MMOs) in the
2018 IHA) outside of pile driving and removal activities; subsequently not taken during this project. Further
information on Marine Mammal Monitoring Report can be found on NMFS's website.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is proposed here may be found in the notices of the proposed and
final IHAs for the 2018 authorization. The work would be identical to a
subset of the activities analyzed in the 2018 IHA and include impact
pile driving for the installation of concrete piles.
All piles for which take was originally authorized in the 2018 IHA
were expected to be installed/removed during the 2020-2021 in-water
work window from July 16 through January 15. Vibratory pile driving
activities (i.e., pile removal) began on July 16, 2020. Impact pile
driving began on September 11, 2020. However, due to construction
schedule delays, designated work was only conducted on a portion of
those days designated for pile installation and/or extraction during
the 2018 IHA. Observers were on site for a total of 99 days, of which
95 of those days contained monitoring effort (644 hours; inclusive of
periods of active pile driving and periods between pile driving
events). Observers did not conduct monitoring on October 21, 2020 or on
the 14th, 15th, and 16th of September 2020 because no pile driving
occurred on those dates. The Marine Mammal Monitoring Report states
that monitoring days were limited due to low visibility from local
wildfires in the area. Further information can be found in the
Monitoring Report on NMFS's website.
Table 2 shows the activities under the 2018 IHA (and subsequent
reissuance and modification) that were completed from the 2020-2021
construction period and the subset of work that remains for the 2021-
2022 construction period under this renewal IHA. The concrete pile
driving activities would be timed to occur within the standard NMFS
work window for Endangered Species Act (ESA)-listed fish species (July
16 through January 15).
Table 2--Pile Installations Completed During the 2020-2021 Construction Period Under the Reissued IHA (84 FR 31844; July 3, 2019) and Remaining Subset
Planned for the 2021-2022 Construction Window During the Renewal IHA
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Number of Number of pile
Pile installation Numbers of Number of piles completed piles driving days
SPE project feature Pile type and/or extraction piles included during 2020-2021 requested for for 2021-2022
method in 2018 IHA construction period \2\ 2021 renewal construction
application period
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Pile removal from existing wave 15-inch (38 cm) to Vibratory......... 36 22 (18-inch only)............ 0 0
screen and pier. 18-inch (45 cm)
creosote-treated
timber.
Temporary Falsework............. 36-inch steel (30 Vibratory 27 0............................ 0 0
cm). installation and
removal with
potential
``proofing''.
Small craft mooring and dolphins 24-inch steel (60 Vibratory with 50 11........................... 0 0
cm). ``proofing''.
Pier and wave screen attachment. 36-inch steel (90 Vibratory with 203 176.......................... 0 0
cm). ``proofing''.
Fender piles.................... 18-in concrete (45 Impact............ 103 0............................ 103 35
cm).
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Total....................... ................... .................. 419 \1\ 209...................... 103 35
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\1\ Some of these piles were installed and some were removed per the specific project activity. Some of the total piles were temporarily installed and
subsequently removed after installation. A total of 209 piles were utilized in construction activities during 2020-2021, in which 187 piles were
installed, 22 piles were removed, and 0 piles were installed temporarily and then subsequently removed.
\2\ Per the Navy's submitted Monitoring Report, not all piles for which take was originally authorized were installed or removed.
The proposed renewal would be effective from the date of issuance
to July 15, 2022. A detailed description of the impact pile
construction activities for which take is proposed here may be found in
the notices of the proposed and final IHAs for the initial
authorization. The location, timing, and nature of the activities,
including the types of
[[Page 38029]]
equipment planned for use, are identical to those described in the
previous notices.
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
notices of the proposed and final IHAs for the initial authorization.
NMFS has reviewed the monitoring data from the initial 2018 IHA, recent
draft Stock Assessment Reports (SARs), information on relevant Unusual
Mortality events, and other scientific literature, and determined that
neither this nor any 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 2018 IHA. The only
changes from the 2018 IHA are an increase in the stock abundance of
west coast transient killer whales (from 243 in 2009 to 349 in 2018), a
decrease in the abundance of United States stock California sea lions
(from 296,750 in 2011 to 257,606 in 2014), and an increase in the stock
abundance of Steller sea lions of the eastern United States stock (from
41,638 in 2015 to 43,201 in 2017) (Carretta et al., 2018, Muto et al.,
2019, Muto et al., 2020). Preliminary determinations concluded from
this updated information do not change the findings or conclusions from
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 notices of the proposed and final
IHAs for the initial 2018 authorization. NMFS has reviewed the
monitoring data from the reissued IHA (83 FR 30406; June 28, 2018) and
the modified IHA (85 FR 86538; December 30, 2020), 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
As stated above in the Description of the Specified Activities and
Anticipated Impacts section, the purpose of this renewal IHA is to
authorize take of marine mammals for the subset of the initially
planned work that could not be completed before the expiration of the
current IHA (July 15, 2021). The work completed in 2020-2021 and the
subset that is left to be completed during the 2021-2022 construction
window is listed in Table 2.
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed (83 FR 10689; March 12, 2018) and final (83 FR 30406; June 28,
2018) IHAs for the initial authorization, and for Level A harassment of
harbor seals in the subsequent 2020 modification (85 FR 86538; December
30, 2020). Specifically, the source levels, days of operation (specific
to the 35-days for the concrete pile installation), and marine mammal
density and occurrence data applicable to this authorization remain
unchanged from the previously issued IHA and modification, just the
new, lesser remaining level of activity has been applied. Similarly,
the stocks taken, methods of take, and types of take remain unchanged
from the previously issued 2018 IHA. The only difference would be the
take numbers to be authorized during the 2021-2022 project, which would
be composed of a subset of take previously authorized per the previous
methods discussed in the 2018 IHA and subsequent modification.
Of note, as described in the notice of the proposed (85 FR 74989;
November 24, 2020) and final modified IHA (85 FR 86538; December 30,
2020), at the time of the modification, PSOs had reported up to eight
individually identifiable harbor seals that were frequenting the
project site and believed to be habituated by varying degrees to in-
water construction activities. The Navy's recent Monitoring Report for
work conducted under the reissued and modified IHAs reported nine
individually identifiable harbor seals; however, in consideration of
the Navy's monitoring data overall, NMFS expects that the previous
Level A harassment take calculation for harbor seals was already
conservative, and did not recalculate using an estimated nine Level A
harassment takes per day.
These proposed amounts of Level A and Level B harassment are
indicated below in Table 3.
Table 3--Proposed Take of Marine Mammal Stocks and Percentage of Stock or Population for the Renewal IHA During the 2021-2022 Project Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Proposed Percent of stock proposed to
authorized authorized be taken
Species Scientific name Stock Level A Level B -------------------------------
harassment harassment Level A Level B
take take harassment harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale......................... Orcinus orca............ West coast transient... 0 0 0 \3\ 0
Harbor porpoise...................... Phocoena phocoena Washington inland 0 0 0 \3\ 0
vomerina. waters.
California sea lion.................. Zalophus californianus.. United States.......... 0 1,710 0 0.7
Steller sea lion..................... Eumetopias jubatus Eastern United States.. 0 110 0 0.3
monteriensis.
Harbor seal.......................... Phoca vitulina richardii Hood Canal............. \1\ 280 1,225 \2\ n/a \2\ n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A harassment take is associated with impact pile driving of the 18-inch concrete square pile, which was not conducted in 2020-2021 as planned
and is part of the subset of work to be completed in 2021-2022.
\2\ Because the stock information is not considered current, there are no minimum abundance estimates to use for calculation.
\3\ Take of harbor porpoise and killer whale was included in the 2020 modified IHA (85 FR 86538; December 30, 2020); however, we do not take of either
species to occur as a result of the remaining work that would be conducted under this renewal IHA.
[[Page 38030]]
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
modified IHA (85 FR 86538; December 30, 2020), and the discussion of
the least practicable adverse impact included in that document and the
Notices of the proposed IHAs remains accurate. This IHA, if issued,
would be valid from the date of issuance through July 15, 2022 with
construction activities occurring only during the pre-designated work
window (July 16 through January 15). The following requirements,
mitigation measures, monitoring, and reporting requirements are
proposed for this renewal, as were previously included in the initial
IHA and subsequent modification:
Timing Restrictions--To minimize the number of fish exposed to
underwater noise and other construction disturbance, in-water work will
occur during the in-water work window previously described when ESA-
listed salmonids are least likely to be presence (USACE, 2015), July 16
to January 15.
All in-water construction activities will occur during daylight
hours (sunrise to sunset) except from July 16 to September 15, when
impact pile driving will only occur starting 2 hours after sunrise and
ending 2 hours after sunset, to protected foraging marbled murrelets
during the nesting season (April 15-September 23). Sunrise and sunset
are to be determined based on National Oceanic and Atmospheric
Administration data, which can be found at <a href="http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html">http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html</a>.
Soft-Start--The use of a soft start procedure is believed to
provide additional protection to marine mammals by warning or providing
a chance to leave the area prior to the hammer operating at full
capacity, and typically involves a requirement to initiate sound from
the hammer at reduced energy followed by a 30 second waiting period,
then two subsequent reduced energy strike sets. (The reduced energy of
an individual hammer cannot be quantified because it varies by
individual drivers. Also, the number of strikes will vary at reduced
energy because raising the hammer at less than full power and then
releasing it results in the hammer ``bouncing'' as it strikes the pile,
resulting in multiple ``strikes.'')
A soft-start procedure will be used for impact pile driving at the
beginning of each day's in-water pile driving or any time impact pile
driving has ceased for more than 30 minutes.
Establishment of Shutdown Zones and Disturbance Zones--To the
extent possible, the Navy will record and report on any marine mammal
occurrences, including behavioral disturbances, beyond 100 m for
concrete pile installation. The Navy will monitor and record marine
mammal observations within zones and extrapolate these values across
the entirety of the Level B harassment zone as part of the final
monitoring report.
The shutdown zones are based on the distances from the source
predicted for each threshold level. Although different functional
hearing groups of cetaceans and pinnipeds were evaluated, the threshold
levels used to develop the disturbance zones were selected to be
conservative for cetaceans (and therefore at the lowest levels); as
such, the disturbance zones for cetaceans were based on the high
frequency threshold (harbor porpoise). The shutdown zones are based on
the maximum calculated Level A harassment radius for pinnipeds and
cetaceans during installation of concrete piles with impact techniques.
These actions serve to protect marine mammals, allow for practical
implementation of the Navy's marine mammal monitoring plan and reduce
the risk of a take. The shutdown zone during any non-pile driving
activity will always be a minimum of 10 meters (m; 33 feet (ft)) to
prevent injury from physical interaction of marine mammals with
construction equipment.
During all pile driving, the shutdown, Level A harassment, and
Level B harassment zones as shown in Table 4 will be monitored out to
the greatest extent possible with a focus on monitoring within 100 m
for concrete pile installation.
The isopleths delineating shutdown, Level A harassment, and Level B
harassment zones during impact driving of all concrete piles are shown
in Table 4. The shutdown, Level A harassment, and Level B harassment
isopleths for concrete impact driving remain unchanged from the notice
of the issuance of the initial IHA (83 FR 30406; June 28, 2018). Note
that the Shutdown Zone is larger than the Level A harassment isopleth
which is larger than the Level B harassment isopleth for cetaceans, and
that the Shutdown Zone is larger than the Level A harassment isopleth
for harbor seals and sea lions.
Table 4--Shutdown, Level A Harassment, and Level B Harassment Isopleths During Impact Driving of Concrete Piles
----------------------------------------------------------------------------------------------------------------
Level B Level A
harassment harassment Shutdown zone Minimum monitoring zone
Marine mammal group isopleth isopleth (meters) for concrete piles
(meters) (meters)
----------------------------------------------------------------------------------------------------------------
Cetaceans \1\........................ 46 74 100 100 meters.\2\
Harbor seal.......................... 46 19 35
Sea Lions............................ 46 1 15
----------------------------------------------------------------------------------------------------------------
\1\ The take of harbor porpoise and killer whale was included in the 2020 modified IHA (85 FR 86538; December
30, 2020); however, we do not take of either species to occur as a result of the remaining work that would be
conducted under this renewal IHA. Because of this, the Level A and B harassment isopleths and the Shutdown
Zone for cetaceans is not likely to be relevant for this project.
\2\ The Navy has noted in their renewal application that they will be monitoring a 100 meter radii from the
project site, as practicable, in addition to the specified Level A and B harassment isopleths and the Shutdown
Zone for each marine mammal group.
Further, note that the radii of the disturbance zones may be
adjusted if in-situ acoustic monitoring is conducted by the Navy to
establish actual distances to the thresholds for a specific pile type
and installation method. However, any proposed acoustical monitoring
plan must be pre-approved by NMFS. The results of any acoustic
monitoring plan must be reviewed and approved by NMFS before the radii
of any disturbance zones may be revised.
As described above, and in the notice proposed (85 FR 74989;
November 24, 2020) and final modified IHA (85 FR 86538; December 30,
2020), at the time of the modification to the initial IHA, PSOs had
reported up to eight
[[Page 38031]]
individually identifiable harbor seals that were frequenting the
project site and believed to be habituated by varying degrees to in-
water construction activities. Based on the preliminary monitoring
report provided by the Navy with their renewal application, a ninth
seal has been noted in the area; however this seal has not been noted
as an individual seen ``daily'' and therefore not necessitated any
changes to the harbor seal-specific mitigation measures mentioned
below.
Even with a 35 m shutdown zone during impact driving, the Navy is
still concerned that they would experience frequent work stoppages due
to frequent visits by habituated harbor seals. This could result in
continued schedule delays and cost overruns and could potentially
require an extra year of in-water construction activities. Given this
information, the Navy has indicated that it is not practicable for them
to shut down or delay pile driving activities every time a harbor seal
is observed in a shutdown zone. Therefore, they have proposed to apply
identical measures to those in the modified IHA (85 FR 86538; December
30, 2020), in which shutdowns will be initiated for harbor seals when
observed approaching or entering the Level A harassment zones as
described above, except when one or more of the three habituated harbor
seals identified as daily visitors approaches or enters an established
shutdown zone. In such cases, a single take by Level A harassment shall
be recorded for each individual seal for the entire day and operations
will be allowed to continue without interruption; although the Navy
must still shut down for these harbor seals if they occur within 10 m
of the pile-driving site. The behavior of these three daily visitors
will be monitored and recorded as well as the duration of time spent
within the harassment zones. This information will be recorded
individually for each of the three seals. If any other seals, including
the five habituated seals identified as frequent visitors, approaches
or enters into a Level A harassment zone, shutdown must occur.
The mitigation measures described above should reduce marine
mammals' potential exposure to underwater noise levels which could
result in injury or behavioral harassment. Based on our evaluation of
the applicant's proposed measures, as well as other measures considered
by NMFS, NMFS has preliminarily determined that the proposed mitigation
measures provide the means effecting the least practicable impact on
the affected species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance.
Proposed Monitoring Measures
Visual monitoring--PSOs will be positioned at the best practicable
vantage points, taking into consideration security, safety, and space
limitations. Each PSO location will have a minimum of one dedicated PSO
(not including boat operators). There will be 3-5 PSOs working
depending on the location, site accessibility and line of sight for
adequate coverage. Additional standards required for visual monitoring
include:
(a) Independent observers (i.e., not construction personal) are
required;
(b) At least one observer must have prior experience working as an
observer;
(c) Other observers may substitute education (degree in biological
science or related field) or training for experience;
(d) 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
Monitoring will be conducted by qualified observers, who will
monitor for marine mammals and implement shutdown/delay procedures when
applicable by calling for the shutdown to the hammer operator.
Qualified observers are trained biologists, with the following minimum
qualifications:
(a) Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
(b) Advanced education in biological science or related field
(undergraduate degree or higher required);
(c) Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience);
(d) Experience or training in the field identification of marine
mammals, including the identification of behaviors;
(e) Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
(f) Writing skills sufficient to prepare a report of observations
including but not limited to the number and species of marine mammals
observed; dates and times when in-water construction activities were
conducted; dates and times when in-water construction activities were
suspended to avoid potential incidental injury from construction sound
of marine mammals observed within a defined shutdown zone; and marine
mammal behavior; and
(g) Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
PSOs will survey the disturbance zone 15 minutes prior to
initiation of pile driving through 30 minutes after completion of pile
driving to ensure there are no marine mammals present. In case of
reduced visibility due to weather or sea state, the PSOs must be able
to see the shutdown zones or pile driving will not be initiated until
visibility in these zones improves to acceptable levels. MMO Record
forms (Appendix A of the original 2018 application; see NMFS's website)
will be used to document observations. Survey boats engaged in marine
mammal monitoring will maintain speeds equal to or less than 10 knots.
PSOs will use binoculars and the naked eye to search continuously
for marine mammals and will have a means to communicate with each other
to discuss relevant marine mammal information (e.g., animal sighted but
submerged with direction of last sighting). PSOs will have the ability
to correctly measure or estimate the animals distance to the pile
driving equipment such that records of any takes are accurate relevant
to the pile size and type.
Shutdown shall occur if a species for which authorization has not
been granted or for which the authorized numbers of takes have been
met. The Navy shall then contact NMFS within 24 hours.
If marine mammal(s) are present within or approaching a shutdown
zone prior to pile driving, the start of these activities will be
delayed until the animal(s) have left the zone voluntarily and have
been visually confirmed beyond the shutdown zone, or 15 minutes has
elapsed without re-detection of the animal.
If animal is observed within or entering the Level B harassment
zone during pile driving, a take would be recorded, behaviors
documented. However, that pile segment would be completed without
cessation, unless the animal approaches or enters the Shutdown Zone, at
which point all pile driving activities will be halted. The PSOs shall
immediately radio to alert the monitoring coordinator/construction
contractor. This action will require an immediate ``all-stop'' on pile
operations. Once a shutdown has been initiated, pile driving will be
delayed until the
[[Page 38032]]
animal has voluntarily left the Shutdown Zone and has been visually
confirmed beyond the Shutdown Zone, or 15 minutes have passed without
re-detection of the animal (i.e., the zone is deemed clear of marine
mammals).
All marine mammals observed within the disturbance zones during
pile driving activities will be recorded by PSOs. These animals will be
documented as Level A harassment or Level B harassment takes as
appropriate. Additionally, all shutdowns shall be recorded.
In the unanticipated event that: (1) The specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury, serious injury or mortality; (2) an
injured or dead animal is discovered and cause of death is known; or
(3) an injured or dead animal is discovered and cause of death is not
related to the project activities, the Navy will follow the protocols
described in the Section 3 of Marine Mammal Monitoring Report (Appendix
D of the original 2018 application).
Proposed Reporting
Reporting--PSOs must record specific information as described in
the Federal Register notice of the issuance of the initial IHA (83 FR
30406; June 28, 2018) and the modified IHA (85 FR 86538; December 30,
2020). Within 90 days after completion of pile driving and removal
activities, the Navy must provide NMFS with a monitoring report which
includes summaries of recorded takes and estimates of the number of
marine mammals that may have been harassed. If no comments are received
from NMFS within 30 days, the draft final report will constitute the
final report. If comments are received, a final report addressing NMFS
comments must be submitted within 30 days after receipt of comments.
In the unanticipated event that: (1) The specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury, serious injury or mortality; (2) an
injured or dead animal is discovered and cause of death is known; or
(3) an injured or dead animal is discovered and cause of death is not
related to the project activities, the Navy will follow the protocols
described in the Section 3 of Marine Mammal Monitoring Report (Appendix
D of the application).
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA for
the initial IHA (83 FR 10689; March 12, 2018) and modified IHA (85 FR
74989; November 24, 2020) and solicited public comments on both our
proposal to issue the initial IHA (83 FR 30406; June 28, 2018) and
modified IHA (85 FR 86538; December 30, 2020) for pile driving and
removal activities 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 (83 FR 30406; June
28, 2018) and the modified IHA (85 FR 86538; December 30, 2020). Below,
we describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
renewal of the 2018 IHA (83 FR 30406; June 28, 2018) and the modified
IHA (85 FR 86538; December 30, 2020).
Comment: The Commission requested clarification of certain issues
associated with NMFS's notice that one-year renewals could be issued in
certain limited circumstances and expressed concern that the renewal
process, as proposed, would bypass the public notice and comment
requirements. The Commission also suggested that NMFS should discuss
the possibility of renewals through a more general route, such as a
rulemaking, instead of notice in a specific authorization. The
Commission further recommended that if NMFS did not pursue a more
general route, that the agency provide the Commission and the public
with a legal analysis supporting our conclusion that this process is
consistent with the requirements of section 101(a)(5)(D) of the MMPA.
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 proposed action of this renewal IHA for the installation of
concrete piles by impact pile driving would be identical to a subset of
the activities previously analyzed in the 2018 IHA (83 FR 30406; June
28, 2018), as listed in Table 2. Based on the analysis detailed in the
notice of the final IHA for the 2018 authorization and subsequent 2020
modification, of the likely effects of the specified activity on marine
mammals and their habitat, and taking into consideration the
implementation of the monitoring and mitigation measures, NMFS found
that the total marine mammal take from the activity will have a
negligible impact on all affected marine mammal species or stocks.
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 (83 FR 30406; June 28, 2018). This includes
consideration of the estimated abundance of the stocks for Steller sea
lions (Eastern United States) and killer whales (West Coast transient),
increasing slightly, and the estimated abundance for the stock of
California sea lions (United States) decreasing slightly. 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) The Navy'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
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to the Navy for conducting impact pile driving at
Naval Base Kitsap Bangor in Silverdale, Washington during the in-water
construction window of July 16 through January 15, 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/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor">https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor</a>.
We request comment on
[[Page 38033]]
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: July 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-15238 Filed 7-16-21; 8:45 am]
BILLING CODE 3510-22-P
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