Notice2021-17525
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
August 17, 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 United States Navy (Navy) to incidentally harass marine mammals incidental to construction activities for the Service Pier Extension Project at Naval Base Kitsap Bangor in Silverdale, Washington.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45963-45969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17525]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB283]
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; issuance of renewal incidental harassment
authorization.
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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 United States Navy (Navy) to incidentally harass marine
mammals incidental to construction activities for the Service Pier
Extension Project at Naval Base Kitsap Bangor in Silverdale,
Washington.
DATES: This renewal IHA is valid from August 11, 2021 through July 15,
2022.
[[Page 45964]]
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 IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a renewal for this activity, and
requested public comment on a potential renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time one-year renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical or nearly identical, or nearly identical, activities as
described in the Detailed Description of Specified Activities section
of the initial IHA issuance notice is planned or (2) the activities as
described in the Detailed Description of Specified Activities section
of the initial IHA issuance notice would not be completed by the time
the initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the Dates section of the initial
IHA notice of 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; and
(3) Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On June 28, 2018, NMFS published a notice of 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 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 the renewal of
that initial IHA. As described in the application for renewal, the
activities for which incidental take is requested consist of a subset
of activities that are covered by the initial authorization but will
not be completed prior to its
[[Page 45965]]
expiration. 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. The notice of the
proposed renewal IHA was published on July 19, 2021 (86 FR 38025) for a
15-day public comment period in the Federal Register.
Description of the Specified Activities and Anticipated Impacts
The Navy plans to continue its construction activities at Naval
Base Kitsap Bangor. The remaining construction activities involve the
installation of 103 18-inch square concrete fender piles by impact pile
driving over a 35-day period during a specified in-water work window
(July 16 through January 15) due to the presence of Endangered Species
Act (ESA)-listed juvenile salmonids are likely to be present in the
area (February--July; USACE, 2015). The activities left for the Service
Pier Extension Project are shown in Table 1. Please see the notice of
proposed renewal IHA (86 FR 38025; July 19, 2021) for additional
details.
Table 1--Construction Activities Completed by the Expiration of the 2020 Modified IHA and Remaining
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2018 and 2020 IHAs Renewal IHA
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Number of pile
Pile installation Total numbers driving days
SPE project feature Pile type and/or extraction of piles Total number of piles Subset of for the 2021-
method initially completed \2\ piles 2022
analyzed remaining construction
period
--------------------------------------------------------------------------------------------------------------------------------------------------------
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....................... ................... .................. 419 209 \1\...................... 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 per the recommendations
by the Navy's project engineers.
The following documents are referenced in this notice and include
important supporting information:
<bullet> Initial proposed 2018 IHA (83 FR 10689; March 12, 2018);
<bullet> Initial final 2018 IHA (83 FR 30406; June 28, 2018);
<bullet> Modified proposed 2020 IHA (85 FR 74989; November 24,
2020);
<bullet> Modified final 2020 IHA (85 FR 86538; December 30, 202);
<bullet> Renewal proposed IHA (86 FR 38025; July 19, 2021);
<bullet> Appendix A and D of the original and renewal IHA
applications (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>);
<bullet> The preliminary monitoring report included with the
renewal IHA application (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>);
<bullet> References cited (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>); and
<bullet> Previous public comments received (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>).
The anticipated impacts, which include both Level A and Level B
harassment of marine mammals by impact pile driving, are identical to
those analyzed and authorized in the initial 2018 IHA (83 FR 30406;
June 28, 2018) and modified 2020 IHA (85 FR 86538; December 30, 2020).
Similar to the last projects at Naval Base Kitsap Bangor, the 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.
However, as the work for which take would be authorized under this
renewal IHA represents a subset of the overall activities originally
planned and discussed in the initial 2018 IHA (83 FR 30406; June 28,
2018) and modified 2020 IHA (85 FR 86538; December 30, 2020), NMFS
plans to authorize only a subset of Level A and Level B harassment
takes compared to those takes previously authorized under the modified
2020 IHA (85 FR 86538; December 30, 2020).
The anticipated impacts are identical to those described in the
2018 IHA (83 FR 30406; June 28, 2018) and modified 2020 IHA (85 FR
86538; December 30, 2020). However, NMFS anticipates that only pinniped
species (harbor seals, California sea lions, Steller sea lions) are
likely to be taken incidental to the
[[Page 45966]]
concrete impact pile driving, a result from the analysis discussed in
greater detail in the 2018 IHA (83 FR 30406; June 28, 2018). Because of
this, no take will be authorized for killer whales or harbor porpoises
during the concrete impact piling activities discussed in the Navy's
2021-2022 IHA application.
A detailed description of the construction activities for which
authorization of take was requested may be found in the Federal
Register notice of the proposed 2018 IHA (83 FR 10689; March 12, 2018)
and the modified proposed 2020 IHA (85 FR 74989; November 24, 2020).
The location, timing (e.g., seasonality), and nature of the subset of
construction activities planned under the renewal IHA are identical to
those analyzed for concrete impact piling in the 2018 Notice (83 FR
30406; June 28, 2018) and subsequent 2020 modification Notice (85 FR
86538; December 30, 2020).
This renewal IHA is effective from August 11, 2021 until July 15,
2022.
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 notices for the 2018 (83 FR 10689;
March 12, 2018 and 83 FR 30406; June 28, 2018) and the 2020 modified
(85 FR 74989; November 24, 2020 and 85 FR 86538; December 30, 2020)
IHAs. NMFS has reviewed the monitoring data from the 2020 modified IHA,
recent Stock Assessment Reports (SARs), information on relevant Unusual
Mortality Events (UMEs), 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 (83 FR 30406; June 28, 2018) and
modified 2020 IHA (85 FR 86538; December 30, 2020) are 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). This updated information does not change the findings or
conclusions from the 2018 IHA (83 FR 30406; June 28, 2018) and modified
2020 IHA (85 FR 86538; December 30, 2020).
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 notices of the proposed and final
notices for the 2018 (83 FR 10689; March 12, 2018 and 83 FR 30406; June
28, 2018) and the 2020 modified (85 FR 74989; November 24, 2020 and 85
FR 86538; December 30, 2020) IHAs. NMFS has reviewed the monitoring
data from the 2020 modified IHA, recent Stock Assessment Reports,
information on relevant UMEs, other scientific literature, and
determined that neither this nor any other new information affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity can be found in the proposed and final
Federal Register notices for the 2018 (83 FR 10689; March 12, 2018 and
83 FR 30406; June 28, 2018) and the 2020 modified (85 FR 74989;
November 24, 2020 and 85 FR 86538; December 30, 2020) IHAs. The
information informing the take estimates remains applicable to this
authorization, and is unchanged from the previously issued IHAs. As
before, no serious injury or mortality is anticipated to result from
the Navy's construction activities.
We assume, for purposes of analysis, that no take will occur for
either cetacean species (i.e., killer whales and harbor porpoises)
during the specified impact pile driving activities for the 103
concrete piles. This is because the isopleths for impact pile driving
of concrete piles were described as fully monitorable (with maximum
distances to behavioral thresholds of 46 m and 541 m, respectively, and
maximum distance to injury thresholds being 14 m); therefore, no killer
whale behavioral or injury takes were expected to occur. Harbor
porpoise are able to be visually detected to a distance of about 200 m
by experienced observers in conditions up to Beaufort 2 (Department of
the Navy, 2017). Therefore, the concrete isopleths are able to be fully
monitored (with maximum distance of 46 m), so no takes were calculated
for the estimated 35 days of concrete fender pile installation. More
information can be found under Take Calculation and Estimation in the
2018 proposed (83 FR 10689; March 12, 2018) and 2018 final (83 FR
30406; June 28, 2018) notices. Thus, only take is expected for pinniped
species, which is shown below in Table 2.
Table 2-- Proposed Take of Marine Mammal Stocks and Percentage of Stock or Population for the Renewal IHA During the 2021-2022 Project Period
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Authorized Level A Authorized Level B
Species Scientific name Stock Stock harassment (percent of harassment (percent of
abundance stock) stock)
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California sea lion............... Zalophus United States........ 257,606 0 (0)..................... 1,710 (0.7).
californianus.
Steller sea lion.................. Eumetopias jubatus Eastern United States 43,201 0 (0)..................... 110 (0.3).
monteriensis.
Harbor seal....................... Phoca vitulina Hood Canal........... 1,088 280 (unknown).\1\ 1,225 (unknown).\1\
richardii.
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\1\ Because the stock information is not considered current, there are no minimum abundance estimates to use for calculation. The abundance estimate for
this stock is greater than eight years old (1999) and is therefore not considered current. PBR is considered undetermined for this stock, as there is
no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates, as these represent the best
available information for use in this document.
The stocks taken (including the lack of take for the cetacean
stocks during concrete impact pile driving), methods of take, and types
of take remain unchanged from what was described in the previously
issued 2020 modified
[[Page 45967]]
IHA. The take authorized for this action consists of a subset of the
overall take previously authorized and discussed in greater detail in
the final 2018 IHA (83 FR 30406; June 28, 2018) and final modified 2020
IHA (85 FR 86538; December 30, 2020).
Description of Mitigation, Monitoring and Reporting Measures
Mitigation Requirements
The required 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 2020 IHA (85 FR 86538; December 30, 2020), and the discussion
of the least practicable adverse impacts included in that document
remains accurate. All mitigation, monitoring, and reporting measures in
the modified 2020 IHA (85 FR 86538; December 30, 2020) are carried over
in this renewal IHA and summarized here:
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 in the
proposed renewal (86 FR 38025; July 18, 2021) when ESA-listed salmonids
are least likely to be present (July 16 to January 15; USACE, 2015).
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 two hours after sunrise
and ending two 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 meters (m;
328 feet (ft)) 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. Different functional hearing groups
for pinnipeds were evaluated. The shutdown zones for phocids were based
on the maximum calculated Level A harassment radius for pinnipeds
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 m (33 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 3 will be monitored out to
the greatest extent possible with a focus on monitoring within 100 m
for concrete pile installation.
Table 3--Shutdown, Level A Harassment, and Level B Harassment Isopleths During Impact Driving of Concrete Piles
for Pinnipeds
----------------------------------------------------------------------------------------------------------------
Level B Level A
harassment harassment Shutdown zone Minimum monitoring zone
Marine mammal group isopleth isopleth (meters) for concrete piles
(meters) (meters)
----------------------------------------------------------------------------------------------------------------
Harbor seal........................ 46 19 35 100 meters.\1\
Sea Lions.......................... 46 1 15
----------------------------------------------------------------------------------------------------------------
\1\ The Navy has noted in their renewal application that they will be monitoring a 100 meter radius 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.
The isopleths delineating shutdown, Level A harassment, and Level B
harassment zones during impact driving of all concrete piles are shown
in Table 3. 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 2018 IHA (83 FR 30406; June 28, 2018)
and modified 2020 IHA (85 FR 86538; December 30, 2020). Note that the
Shutdown Zone is larger than the Level A harassment isopleth for harbor
seals and sea lions.
The Navy may perform hydroacoustic monitoring during activities
discussed in this action. If hydroacoustic monitoring is performed, 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.
Harbor seal-specific mitigation--As described in the proposed
renewal (86 FR 38025; July 18, 2021), 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. Based on the 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 does not necessitate any changes to the harbor
seal-specific mitigation measures discussed below.
Even with a 35 m shutdown zone during impact driving, the Navy is
still concerned that they would experience
[[Page 45968]]
frequent work stoppages due to frequent visits by identifiable 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, the
Navy has 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 identifiable 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 any of the other five seals identified as
frequent visitors, approaches or enters into a Level A harassment zone,
shutdown must occur.
Monitoring Requirements
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; and,
(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.
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 and 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 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. 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).
Reporting Requirements
PSOs must record specific information as described in the Federal
Register notice of the issuance of the
[[Page 45969]]
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 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,
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 IHA
application).
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to the Navy was
published in the Federal Register on July 19, 2021 (86 FR 38025). That
notice described and referenced descriptions of the Navy's activities,
the marine mammal species that may be affected by the activities, 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 activities planned by the Navy are identical to a subset of
those analyzed in the 2018 IHA (83 FR 30406; June 28, 2018) and
discussed in the modified 2020 IHA (85 FR 86538; December 30, 2020), as
are the method of taking and the effects of the action. The potential
effects of the Navy's activities are limited to Level A harassment of
one species (harbor seals) and Level B harassment in the form of
behavioral disturbance for three species (California sea lions, Steller
sea lions, and harbor seals). As the activities described herein
represent a subset, the take that was analyzed and described in the
proposed renewal (86 FR 38025; July 18, 2021) is relatively smaller
than authorized previously in the overall projects described in the
modified 2020 IHA (85 FR 86538; December 30, 2020). In analyzing the
effects of the activities in the 2018 IHA (83 FR 30406; June 28, 2018)
and the modified 2020 IHA (85 FR 86538; December 30, 2020), NMFS
determined that the Navy's activities would have a negligible impact on
the affected species or stocks and the takes would be of small numbers.
The mitigation measures and monitoring and reporting requirements as
described above are identical to the 2018 IHA (83 FR 30406; June 28,
2018) and modified 2020 IHA (85 FR 86538; December 30, 2020).
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the 2020
modified IHA. This includes consideration of the estimated abundance of
the stocks for Steller sea lions (eastern United States stock)
increasing slightly and the estimated abundance for the stock of
California sea lions (United States stock) 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 (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. No incidental take of ESA-listed marine mammal
species is expected to result from these activities, and none would be
authorized. Therefore, NMFS has determined that consultation under
section 7 of the ESA is not required for this action.
National Environmental Policy Act (NEPA)
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment. This action
is consistent with categories of activities identified in Categorical
Exclusion B4 (IHA 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 NMFS has 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.
Renewal
NMFS has issued a renewal IHA to the Navy for the take of marine
mammals incidental to conduct the Service Pier Extension Project at
Naval Base Kitsap Bangor in Silverdale, Washington from August 11, 2021
through July 15, 2022.
Dated: August 11, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-17525 Filed 8-16-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 17, 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.