Notice2021-15539
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seattle Multimodal Project at Colman Dock in Washington State
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 22, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to the Washington State Department of Transportation (WSDOT) to incidentally harass, by Level B harassment only, marine mammals incidental to construction activities associated with the Seattle Multimodal Project at Colman Dock in Seattle, Washington State.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38686-38692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15539]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB235]
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; issuance of Renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a Renewal incidental harassment authorization
(IHA) to the Washington State Department of Transportation (WSDOT) to
incidentally harass, by Level B harassment only, marine mammals
incidental to construction activities associated with the Seattle
Multimodal Project at Colman Dock in Seattle, Washington State.
DATES: This Renewal IHA is valid from August 1, 2021 through July 31,
2022.
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:
[[Page 38687]]
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are 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 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
initial IHA issuance, 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>.
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, 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. The
notice of the proposed Renewal incidental harassment authorization was
published on June 23, 2021 (86 FR 32895).
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 authorized take is for the same 11 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
[[Page 38688]]
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).
Table 1--Summary of Planned In-Water Pile Driving
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* 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 8 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. This IHA Renewal is effective from August 1, 2021
through July 31, 2022.
Table 2--Estimated Duration of Remaining In-Water Vibratory Pile Removal
----------------------------------------------------------------------------------------------------------------
Number of
Pile size and type piles Piles per Minutes per Duration
remaining day pile (days)
----------------------------------------------------------------------------------------------------------------
24-inch steel............................................... 25 8 20 4
14-inch timber.............................................. 39 10 15 4
----------------------------------------------------------------------------------------------------------------
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is authorized 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). 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
authorized 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,
other scientific literature, and the public comments, 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
[[Page 38689]]
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 7 months, in the initial IHA
to 8 days of remaining activities estimated to occur within one month.
Table 3--Level A and Level B Harassment Zones and Ensonified Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
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\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
LF = low-frequency; MF = mid-frequency; HF = high-frequency.
Authorized takes are 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 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--Authorized Take by Species and Stock
----------------------------------------------------------------------------------------------------------------
Total
Species proposed Stock Stock Percent of
take abundance stock
----------------------------------------------------------------------------------------------------------------
Gray whale............................... 1 Eastern North Pacific........... 26,960 0.004
Humpback whale........................... 3 California/Oregon/Washington.... 2,900 0.103
Minke whale.............................. 1 California/Oregon/Washington.... 636 0.157
Killer whale............................. 10 West Coast transient............ 349 2.865
Bottlenose dolphin....................... 7 California/Oregon/Washington 1,924 0.364
offshore.
Harbor porpoise.......................... 100 Washington inland waters........ 11,233 0.890
Dall's porpoise.......................... 5 California/Oregon/Washington.... 25,750 0.019
Harbor seal.............................. 720 Washington northern inland 11,036 6.524
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 Mitigation, Monitoring and Reporting Measures
The 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
required in 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 must 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 must 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 must establish exclusion zones as shown in Table 5 to prevent
[[Page 38690]]
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 must cease and vessels must 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.
WSDOT must 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, an 8.7 km exclusion zone must be
established. For vibratory removal of 14-inch timber piles, a 2.2 km
exclusion zone must 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) must 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 must be delayed until they move out of the
area. If a marine mammal is seen above water and then dives below, the
contractor must 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 must implement shutdown measures if a
marine mammal is detected within or entering an exclusion zone listed
in Table 5.
WSDOT must 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 must be assumed to be a SRKW and WSDOT must
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 must
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 must implement shutdown measures if the number of
authorized takes for any particular species reaches the limit under the
IHA 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 must 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 must employ NMFS-approved PSOs to
conduct marine mammal monitoring for its Seattle Multimodal Project at
Colman Dock. The PSOs must 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 must 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 must 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 must monitor the zone. During vibratory removal of 14-
inch
[[Page 38691]]
timber piles, four land-based PSOs must 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 must be determined by using 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 must
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 must 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
A notice of NMFS' proposal to issue a Renewal IHA to WSDOT was
published in the Federal Register on June 23, 2021 (86 FR 32895). That
notice either described, or referenced descriptions of, WSDOT's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
The construction activities planned 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 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.
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 evaluate our proposed action (i.e., the issuance of
an IHA Renewal) and alternatives with respect to potential impacts on
the human environment. This action is consistent with categories of
activities identified in Categorical Exclusion B4 of the Companion
Manual for NAO 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 proposed action qualifies to
be categorically excluded from further NEPA review.
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
[[Page 38692]]
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 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.
Renewal
NMFS has issued a Renewal IHA to WSDOT for the take of marine
mammals incidental to conducting the Seattle Multimodal Project at
Colman Dock Year 4 in Washington State, between August 1, 2021 and July
31, 2022.
Dated: July 16, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-15539 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on July 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.