Notice2022-12395
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Chevron Point Orient Wharf Removal
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
June 9, 2022
Effective
June 1, 2022
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 two consecutive IHAs to the Chevron Products Company (Chevron) to incidentally harass marine mammals during in-water construction activities associated with the Point Orient Wharf Removal in San Francisco Bay, California.
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35180-35193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12395]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC004]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Chevron Point Orient Wharf Removal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorizations.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued two consecutive IHAs to the Chevron Products
Company (Chevron) to incidentally harass marine mammals during in-water
construction activities associated with the Point Orient Wharf Removal
in San Francisco Bay, California.
DATES: These authorizations are effective from June 1, 2022 through May
31, 2023 and June 1, 2023 through May 31, 2024.
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online 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>. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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 harassment 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 the species or stocks for
taking for certain subsistence uses
[[Page 35181]]
(referred to in shorthand as ``mitigation''); and requirements
pertaining to the mitigation, monitoring and reporting of the takings
are set forth.
The definitions of all applicable MMPA statutory terms cited above
are included in the relevant sections below.
Summary of Request
On January 11, 2022, NMFS received a request from Chevron for 2
consecutive IHAs to take marine mammals incidental to the Point Orient
Wharf Removal in San Francisco Bay, California. The application was
deemed adequate and complete on April 4, 2022. Chevron's request is for
take of seven species of marine mammals by Level B harassment only.
Neither Chevron nor NMFS expect serious injury or mortality to result
from this activity and, therefore, an IHA is appropriate.
NMFS previously issued IHAs to Chevron for vibratory pile driving
and removal work (82 FR 27240, June 14, 2017; 83 FR 27548, June 13,
2018; 84 FR 28474, June 19, 2019; 85 FR 37064, June 19, 2020; 86 FR
28582, May 27, 2021). Chevron complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHAs and
information regarding their monitoring results may be found in the
Description of Marine Mammals in Areas of the Specified Activity
section of the Federal Register notice for the proposed IHAs (87 FR
24950, April 27, 2022) and the Estimated Take section.
There are no changes from the proposed IHA to the final IHA.
Description of Proposed Activity
Overview
Chevron proposes to remove the decommissioned Point Orient Wharf
(the Wharf) located in northeastern San Francisco Bay (the Bay), CA.
The Wharf covers an area of approximately 8,094 m (2 acres) and extends
just about 396 m (1,300 feet) into the Bay. Over the course of two
years spanning from June 1, 2022-November 30, 2022 and June 1, 2023-
November 30, 2023, Chevron will remove the Wharf in its entirety and
restore eelgrass to the surrounding subtidal habitat, enhancing the
environment of the Bay. Vibratory pile removal will be used to extract
piles. This method is considered a non-impulsive continuous noise
source that may result in the incidental take of marine mammals by
Level B harassment in the form of behavioral harassment. NMFS has
issued an IHA to Chevron for each of the two project years.
Dates and Duration
Chevron anticipates that removal of the Wharf will occur over two
years. The in-water work window is anticipated to last from June 1 to
November 30 in 2022 (Year 1) and June 1 to November 30 in 2023 (Year
2), although vibratory extraction will only occur in 12 weeks of each
annual work period. The seasonal work window of June through November
each year is planned based upon the expectation that sensitive life
stages of listed fish species, such as steelhead and salmon, will not
be in the area. Construction will consist of approximately 100 in-water
work days only during daylight hours.
Specific Geographic Region
The Wharf is located in central San Francisco Bay (the Bay) on the
western side of Point San Pablo, approximately 2.9 km (1.8 miles) north
of the eastern terminus of the Richmond San-Rafael Bridge (RSRB) in
Contra Costa County (Figure 1). The Brothers Islands and Lighthouse are
approximately 800 meters (2,600 feet) to the north of the Wharf. The
Wharf is located near a shipping channel, and regular boat traffic in
the vicinity accounts for the majority of ambient underwater noise in
the area.
The Point Orient Wharf consists of two portions: a narrower portion
of the Wharf that runs perpendicular to the shoreline, known as the
Causeway and which will be removed in Year 1, and a wider portion that
runs parallel to the shoreline, known as the Main Wharf and which will
be removed in Year 2. While the Wharf was in use, a dredged channel and
berthing area with a depth of approximately 10 m (33 feet) below mean
lower low water (MLLW) was maintained on the western side of the Main
Wharf. However, since the Wharf was decommissioned, the channel and
berthing area have filled in with sediment. A deep scour pocket of
approximately 15.2 m (50 feet) below MLLW is maintained by tidal action
west of the Main Wharf and 10 m (33 feet) below MLLW southeast of the
Main Wharf. Bathymetry along the Causeway ranges from the upper
intertidal at the eastern end of the Causeway to a depth of
approximately 4.9 m (16 feet) below MLLW at its western end.
[[Page 35182]]
[GRAPHIC] [TIFF OMITTED] TN09JN22.007
Detailed Description of Specific Activity
Chevron intends to remove the Wharf in its entirety, and restore
eelgrass to the subtidal habitat in areas under the Causeway portion of
the Wharf that are currently affected by the shading imposed by the
structure. This project will utilize vibratory removal to extract
approximately 910 timber piles and 90 steel piles from the Bay (Table
1).
Table 1--Summary of Pile Removal Activities by Year
----------------------------------------------------------------------------------------------------------------
Approximate Approximate
Number of duration of number of Total number of
Pile type Diameter (inches) piles vibration per piles removed work days
pile (minutes) per day
----------------------------------------------------------------------------------------------------------------
Year 1 Vibratory Extraction
----------------------------------------------------------------------------------------------------------------
Timber.......................... 12................ 401 6 18 * 35
Timber concrete encased......... 18 (12-inch timber 133 9 11
core).
----------------------------------------------------------------------------------------------------------------
Year 2 Vibratory Extraction
----------------------------------------------------------------------------------------------------------------
Timber.......................... 12................ 220 6 18 * 27
Timber concrete encased......... 18 (12-inch timber 156 9 11
core).
Steel........................... 36................ 34 45 2 18
Steel........................... 30................ 40 32 3 10
Steel........................... 24................ 16 26 4 6
----------------------------------------------------------------------------------------------------------------
A detailed description of the planned Point Orient Wharf Removal is
provided in the Federal Register notice for the proposed IHA (87 FR
24950; April 27, 2022). Since that time, no changes have been made to
the planned activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
detailed description of the specific activity. Mitigation, monitoring,
and reporting measures are described in detail later in this document
(please see Mitigation and Monitoring and Reporting).
Comments and Responses
A notice of NMFS's proposal to issue an IHA to Chevron was
published in the Federal Register on April 27, 2022 (87 FR 24950). That
notice described, in detail, Chevron's activity, the marine mammal
species that may be affected by
[[Page 35183]]
the activity, and the anticipated effects on marine mammals. No public
comments were received on the proposed notice.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of the potentially affected species. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, incorporated here by reference, instead of
reprinting the information. Additional information regarding population
trends and threats may be found in NMFS' Stock Assessment Reports
(SARs; <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these
species (e.g., physical and behavioral descriptions) may be found on
NMFS' website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 2 lists all species or stocks for which take is expected and
authorized for this action, and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species and
other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS's U.S. Pacific Marine Mammal SARs (e.g., Carretta et al., 2021).
All values presented in Table 2 are the most recent available at the
time of publication and are available in the 2020 SARs (Carretta et
al., 2021) and draft 2021 SARs (available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports</a>).
Table 2--Species Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/ MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae:
Gray whale...................... Eschrichtius robustus.. Eastern N Pacific...... -, -, N 29960 (0.05, 25,849, 801 131
2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
Bottlenose Dolphin.............. Tursiops truncatus..... California Coastal..... -, -, N 453 (0.06, 346, 2011). 2.7 >=2.0
Family Phocoenidae (porpoises):
Harbor Porpoise................. Phocoena phocoena...... San Francisco-Russian -, -, N 7,777 (0.62, 4,811, 73 >=0.4
River. 2017).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):.
California Sea Lion............. Zalophus californianus. U.S.................... -, -, N 257,606 (N/A, 233,515, 14,011 >320
2014).
Family Phocidae (earless seals):
Harbor Seal..................... Phoca vitulina......... California............. -, -, N 30,968 (N/A, 27,348, 1,641 43
2012).
Northern Elephant Seal.......... Mirounga angustirostris California Breeding.... -, -, N 187,386 (N/A, 85,369, 5,122 5.3
2013).
Northern Fur Seal............... Callorhinus ursinus.... California............. -, D, N 14,050 (N/A, 7,524, 451 1.8
2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="http://www.nmfs.noaa.gov/pr/sars/">www.nmfs.noaa.gov/pr/sars/</a>. CV is coefficient of variation; Nmin is the minimum estimate of
stock abundance. In some cases, CV is not applicable [explain if this is the case]
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI (mortality/serious injury) often cannot be determined precisely and is in some cases presented as a
minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
As indicated above, all 7 species (with 7 managed stocks) in Table
2 temporally and spatially co-occur with the activity to the degree
that take is reasonably likely to occur. All species that could
potentially occur in the proposed survey areas are included in Table 4-
1 of the IHA application. While humpback whales (Megaptera noveangliae)
and Steller sea lions (Eumetopias jubatus) have been documented in the
Bay area, the temporal and spatial occurrence of these species is such
that take is not expected to occur. Therefore, they are not discussed
further beyond the explanation provided in the Federal Register notice
for the proposed IHA (87 FR 24950 April 27, 2022).
[[Page 35184]]
A detailed description of the species likely to be affected by
Chevron's Point Orient Wharf Removal, including brief introductions to
the species and relevant stocks as well as information regarding
population trends and threats, and information regarding local
occurrence were provided in the Federal Register notice for the
proposed IHA (87 FR 24950 April 27, 2022); since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
the Federal Register notice for these descriptions. Please also refer
to NMFS's website (<a href="https://fisheries.noaa.gov/find-species">https://fisheries.noaa.gov/find-species</a>) for
generalized species accounts.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from Chevron's construction
activities have the potential to result in behavioral harassment of
marine mammals in the vicinity of the project area. The notice of the
proposed IHAs (87 FR 24950; April 27, 2022) included a discussion of
the effects of anthropogenic noise on marine mammals and the potential
effects of underwater noise from Chevron's construction activities on
marine mammals and their habitat. That information and analysis is not
repeated here; please refer to the notice of proposed IHAs (87 FR
24950; April 27, 2022).
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through these IHAs, which informed both NMFS' consideration
of ``small numbers'' and the negligible impact determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes are by Level B harassment only, in the form of
disruption of behavioral patterns and/or TTS, for individual marine
mammals resulting from exposure to vibratory pile removal. Based on the
nature of the activity and the anticipated effectiveness of the
mitigation measures (i.e., shutdown zones and protected species
monitoring)--discussed in detail below in the Mitigation section, Level
A harassment is neither anticipated nor authorized.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur PTS of some degree (equated to Level A
harassment). Thresholds have also been developed identifying the
received level of in-air sound above which exposed pinnipeds would
likely be behaviorally harassed.
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile-
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. For in-air sounds, NMFS predicts that harbor
seals exposed above received levels of 90 dB re 20 [mu]Pa (rms) will be
behaviorally harassed, and other pinnipeds will be harassed when
exposed above 100 dB re 20 [mu]Pa (rms).
Chevron's Point Orient Wharf Removal includes the use of continuous
non-impulsive (vibratory pile removal) sources, and therefore the RMS
SPL 120 re 1 [mu]Pa is applicable.
Level A harassment--NMFS' Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0)
(Technical Guidance, 2018) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive). Chevron's
Point Orient Wharf Removal includes the use non-impulsive vibratory
pile removal.
These thresholds are provided in the table below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS' 2018 Technical Guidance, which may be accessed at:
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
[[Page 35185]]
Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
------------------------------------------------------------------------
PTS onset thresholds \*\ (received
level)
Hearing group -----------------------------------------
Impulsive Non-impulsive
------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.. Cell 1: Lp,0- Cell 2: LE,p, LF,24h:
pk,flat: 219 dB; 199 dB.
LE,p, LF,24h:
1183 dB.
Mid-Frequency (MF) Cetaceans.. Cell 3: Lp,0- Cell 4: LE,p, MF,24h:
pk,flat: 230 dB; 198 dB.
LE,p, MF,24h:
1185 dB.
High-Frequency (HF) Cetaceans. Cell 5: Lp,0- Cell 6: LE,p, HF,24h:
pk,flat: 202 dB; 173 dB.
LE,p ,HF,24h:
155 dB.
Phocid Pinnipeds (PW)......... Cell 7: Lp,0- Cell 8: LE,p,PW,24h:
(Underwater).................. pk.flat: 218 dB; 201 dB.
LE,p,PW,24h:
1185 dB.
Otariid Pinnipeds (OW)........ Cell 9: Lp,0- Cell 10: LE,p,OW,24h:
(Underwater).................. pk,flat: 232 dB; 219 dB.
LE,p,OW,24h: 203
dB.
------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in
the largest isopleth for calculating PTS onset. If a non-impulsive
sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds are
recommended for consideration.
Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1
[micro]Pa, and weighted cumulative sound exposure level (LE,p) has a
reference value of 1[micro]Pa\2\s. In this Table, thresholds are
abbreviated to be more reflective of International Organization for
Standardization standards (ISO 2017). The subscript ``flat'' is being
included to indicate peak sound pressure are flat weighted or
unweighted within the generalized hearing range of marine mammals
(i.e., 7 Hz to 160 kHz). The subscript associated with cumulative
sound exposure level thresholds indicates the designated marine mammal
auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
pinnipeds) and that the recommended accumulation period is 24 hours.
The weighted cumulative sound exposure level thresholds could be
exceeded in a multitude of ways (i.e., varying exposure levels and
durations, duty cycle). When possible, it is valuable for action
proponents to indicate the conditions under which these thresholds
will be exceeded.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
Pile extraction using a vibratory hammer will generate underwater
noise that potentially could result in disturbance to marine mammals
near the project area. A review of underwater sound measurements for
similar projects was conducted to estimate the near-source sound levels
for vibratory pile extraction for each pile type. Vibratory pile
extraction (and if not available, vibratory driving) sound from similar
type and sized piles have been measured from other projects and can be
used to estimate the noise levels that this project would generate.
This analysis uses the practical spreading loss model, a standard
assumption regarding sound propagation for similar environments, to
estimate transmission of sound through water. For this analysis, the
transmission loss factor of 15 (4.5 dB per doubling of distance) is
used. A weighting adjustment factor of 2.5, a standard default value
for vibratory pile driving and removal, was used to calculate Level A
harassment areas.
Pile extraction will include the removal of existing 12-inch timber
piles during Year 1 and Year 2, and the removal of various sizes of
steel piles during Year 2. Approximately 543 timber piles would be
removed in Year 1 and 376 timber piles in Year 2. Of the timber piles
in Year 1, 133 piles are encased in concrete, however, since the
concrete wrapping is only present on the upper portion of the pile,
these piles are expected to behave as the unwrapped timber piles in
regards to generation of underwater noise. Although some piles may be
extracted with direct pulling, this analysis assumes that a vibratory
pile driver will be used to remove all piles. Up to 18 of the unwrapped
piles or 11 of the wrapped piles could be extracted in one work day,
but on most days a co-mingling of the two types would likely be
removed. Vibratory extraction time needed for each pile could require
approximately 6 minutes for each of the unwrapped piles and 9 minutes
for each of the concrete wrapped piles (Table 1). An estimated 35 work
days will be spent in Year 1 removing timber piles and approximately 27
work days will be spent removing timber piles in Year 2 (Table 1). The
most applicable noise values for timber pile removal from which to base
estimates for the proposed project are the values used for the Pier 62/
63 pile removal in Seattle, Washington (City of Seattle 2017). During
vibratory pile extraction associated with this project, the RMS was
estimated to be approximately 152 dB at a distance of 10 meters (City
of Seattle, 2017) (Table 4).
In Year 2, 34 36-inch steel piles will be extracted. Each 36-inch
steel pipe pile may require approximately 45 minutes of vibratory
extraction for removal. Up to two of these piles could be removed in a
single work day (Table 1). Chevron is planning a total of 18 work days
to remove the 36-inch steel piles (Table 1). Installation of this pile
type was hydro-acoustically monitored during the CLWMEP in 2019 (AECOM
2020). As pile installation typically produces more sound than
vibratory removal, the sound levels during vibratory extraction in this
project are expected to be equal to or less than the maximum sound
levels recorded during that installation. The maximum measured peak
sound value was 196 dB measured at 10 meters, and the highest median
RMS value recorded was 167 dB measured at 15 meters (AECOM 2020) (Table
4).
Approximately 40 30-inch steel piles would also be removed in Year
2. Each 30-inch steel pipe pile may require approximately 32 minutes of
vibratory extraction for removal. Up to three of these piles could be
removed in a single work day (Table 1). Chevron has planned
approximately 10 work days to remove the 30-inch steel piles (Table 1).
Installation of this pile type was hydro-acoustically monitored at the
WETA Downtown Ferry Terminal in San Francisco, CA (Caltrans 2020). The
sound levels during vibratory extraction are expected to be equal to or
less than the maximum sound levels recorded during that installation.
The maximum measured peak sound value was 183 dB measured at 7 meters,
and the highest median rms value recorded was 156 dB measured at 7
meters (Caltrans 2020) (Table 4).
In Year 2, approximately 16 24-inch steel piles would be removed.
Each 24-inch steel pile may require up to 26 minutes of vibration to
remove (Table
[[Page 35186]]
1). Chevron has planned approximately 6 work days to remove the 24-inch
steel piles (Table 1). Installation of this pile type was hydro-
acoustically monitored at the WETA Downtown Ferry Terminal in San
Francisco, CA (Caltrans 2020). The sound levels during vibratory
extraction are expected to be equal to or less than the maximum sound
levels recorded during that installation. For the 24-inch piles, the
maximum measured peak sound value was 178 dB measured at 15 meters, and
the highest median RMS value recorded was 157 dB measured at 15 meters
(Caltrans 2020) (Table 4).
Table 4--Source Levels for Vibratory Removal of Piles for Year 1 and Year 2
----------------------------------------------------------------------------------------------------------------
Source levels/source distance
(m)
Pile type Diameter (in) -------------------------------
Peak RMS
----------------------------------------------------------------------------------------------------------------
Year 1
----------------------------------------------------------------------------------------------------------------
Timber.......................................................... 12 NA 152/10
----------------------------------------------------------------------------------------------------------------
Year 2
----------------------------------------------------------------------------------------------------------------
Timber.......................................................... 12 NA 152/10
Steel........................................................... 36 196/10 167/15
Steel........................................................... 30 183/7 156/7
Steel........................................................... 24 178/15 157/15
----------------------------------------------------------------------------------------------------------------
The ensonified area associated with Level A harassment is more
technically challenging to predict due to the need to account for a
duration component. Therefore, NMFS developed an optional User
Spreadsheet tool to accompany the Technical Guidance that can be used
to relatively simply predict an isopleth distance for use in
conjunction with marine mammal density or occurrence to help predict
potential takes. We note that because of some of the assumptions
included in the methods underlying this optional tool, we anticipate
that the resulting isopleth estimates are typically going to be
overestimates of some degree, which may result in an overestimate of
potential take by Level A harassment. However, this optional tool
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources (such as vibratory pile removal), the optional User
Spreadsheet tool predicts the distance at which, if a marine mammal
remained at that distance for the duration of the activity, it will be
expected to incur PTS. Inputs used in the User Spreadsheet are reported
in Table 1 and source levels used in the spreadsheet are reported in
Table 4. The resulting Level A and Level B harassment isopleths as well
as area of the Level B harassment isopleths are reported below in Table
5.
Table 5--Level A and Level B Harassment Isopleths by Pile Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hearing group
-----------------------------------------------------------------
Level A isopleths (m) Level B Level B
Pile type ----------------------------------------------------------------- isopleths isopleth area
LF MF HF Phocid Otariid (m) (km\2\)
cetaceans cetaceans cetaceans pinnipeds pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Timber................................................... 3 1 4 2 1 1,359 3.81
36'' steel............................................... 34 3 50 21 2 20,390 26.93
30'' steel............................................... 3 1 5 2 1 1,758 0.93
24'' steel............................................... 8 1 12 5 1 4,393 5.14
--------------------------------------------------------------------------------------------------------------------------------------------------------
The maximum distance to the Level A harassment threshold during
construction will be during the vibratory removal of the 36 inch steel
piles during Year 2 (34 m for gray whales, 3 m for bottlenose dolphins,
50 m for harbor porpoises, 21 m for harbor seals, and 2 m for sea
lions). The largest Level B harassment zone extends out to 20,390 m for
extraction of the 36 inch steel piles. Area was calculated for each
Level B harassment isopleth through a GIS exercise and incorporated
into take calculations for California sea lions and harbor porpoises.
Marine Mammal Occurrence and Take Estimation
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information that
will inform the take calculations. We will also describe how this
information is brought together to produce a quantitative take estimate
for each species.
Harbor Seals
Limited at-sea densities are available for Pacific harbor seals in
San Francisco Bay. To estimate the number of harbor seals potentially
exposed to Level B harassment, take estimates were developed based upon
annual surveys of haul outs in San Francisco Bay conducted by the
National Park Service (NPS) (Codde and Allen 2013, 2015, 2017, 2020;
Codde 2020). Harbor seals spend more time hauled out and enter the
water later in the evening during molting season (NPS 2014). The
molting season occurs from June-July and overlaps with the construction
period of June-November, therefore, haul out counts may provide
accurate estimates of harbor seals in the area during that time. Due to
the close proximity of Castro Rocks to the project area, haul out
occupancy of Castro Rocks was selected to determine take estimates.
Calculations of take estimates were based upon the highest mean value
of harbor seals observed at Castro Rocks during the molting season in
any recent NPS annual survey. The highest mean number of harbor seals
was recorded in 2019 as 237 seals (Table 6).
Based upon radio and telemetry data in San Francisco Bay, it is
expected that harbor seals concentrate within 10 m of Castro Rocks in
all directions while foraging (Grigg et al., 2012). Due to the
[[Page 35187]]
close proximity of the project area to Castro Rocks, it is expected
that include all seals (237) on a given day would swim into the Level B
harassment zone during steel pile extraction and half of the seals
(119) would swim into the Level B harassment zone during timber pile
extraction. Chevron requested a total of 4,165 takes of harbor seals by
Level B harassment across the 35 planned work days in Year 1 (Table 7).
In Year 2, Chevron requested a total of 11,271 takes of harbor seals by
Level B harassment across the 61 planned work days (Table 8).
Chevron will implement shutdown zones based upon the distances to
the Level A harassment threshold for each hearing group (Table 5).
Therefore, takes of harbor seals by Level A harassment were not
requested, nor are takes by Level A harassment authorized by NMFS.
California Sea Lions
Although there are no haul out sites for California sea lions in
close proximity to the Wharf, sea lions have consistently been sighted
in San Francisco Bay while monitoring during past construction projects
(AECOM 2019, 2020; Caltrans 2017). During a long-term monitoring effort
for the demolition and reuse of the original east span of the San
Francisco Oakland Bay Bridge in the central Bay, 83 California sea
lions were observed in the vicinity of the bridge over a 17-year period
(2000 to 2017) (Caltrans 2017). In order to calculate the estimated at-
sea density of sea lions, the number of sea lions observed over the 17
year period (83 animals) was divided by the number of monitoring days
(257 days) to find the number of sea lions observed per day. The total
number of sea lions observed per day was then divided by the area of
the monitoring zone (2 km\2\) to derive an estimated at-sea density of
0.16 animals per square kilometer (Caltrans 2017) (Table 7). In order
to calculate daily take estimate for the current Wharf removal project,
sea lion density was multiplied by the area of the Level B harassment
zone for each pile type (Tables 5). The daily take estimate was then
multiplied by the number of work days for that pile type to receive a
total take estimate per year (Tables 7, 8). Chevron requested a total
of 22 takes of California sea lions by Level B harassment in Year 1,
and a total of 542 takes of California sea lions by Level B harassment
in Year 2 (Tables 7, 8).
Level A harassment takes of California sea lions were not requested
by Chevron, nor are they authorized by NMFS. As Chevron will implement
a shutdown zone for all Level A harassment isopleths for each hearing
group, Level A harassment takes are not expected.
Harbor Porpoise
The harbor porpoise population has been growing over time in San
Francisco Bay (Stern et al., 2017). Although commonly sighted in the
vicinity of Angel Island and the Golden Gate, approximately 6 and 12
kilometers (3.7 and 7.5 miles, respectively) southwest of the Wharf,
individuals may use other areas of central San Francisco Bay (Keener
2011), as well as the project area.
As in the case of California sea lions, density estimates
temporally and spatially aligned with the project work period were
available for harbor porpoises based upon long term monitoring for the
demolition and reuse of the original east span of the San Francisco
Oakland Bay Bridge in the central Bay (Caltrans 2017). During the 257
days of monitoring from 2000-2017, approximately 24 harbor porpoises
were observed in the bridge vicinity. The total number of harbor
porpoises observed per day was calculated by dividing the total number
of harbor porpoises observed by the number of monitoring days. This
estimate per day was then divided by the area of the monitoring zone
for harbor porpoises (15 km\2\) to calculate an at-sea density of
harbor porpoises to be 0.17 harbor porpoises/square kilometer. In order
to calculate a daily take estimate for the current Wharf removal
project, the density of harbor porpoises (0.17) was multiplied by the
area of the Level B harassment zone for each pile type (Table 5). To
calculate a total take estimate of harbor porpoises per year, the daily
estimate was multiplied by the number of anticipated work days for each
pile type (Tables 1, 7, 8). Chevron requested a total of 23 takes of
harbor porpoises by Level B harassment in Year 1 (Table 8), and a total
of 576 takes of harbor porpoises by Level B harassment in Year 2 (Table
9).
Takes of harbor porpoises by Level A harassment are not expected as
Chevron plans to shut down construction activities within the Level A
harassment zones for all pile types and hearing groups. NMFS has not
authorized Level A harassment takes of harbor porpoises, nor have Level
A harassment takes been requested.
Bottlenose Dolphin
Bottlenose dolphins in San Francisco Bay are typically observed
west of Treasure Island, near the Golden Gate at the mouth of the Bay,
and along the nearshore areas of San Francisco south to Redwood City
(Bay Nature Institute 2014; NMFS 2017). The numbers of dolphins in San
Francisco Bay have been increasing over the years (Perlman 2017;
Szczepaniak et al., 2013). Although dolphins may occur in the Bay year-
round, density estimates are limited. Beginning in 2015, two
individuals have been observed frequently in the vicinity of Alameda
(APER 2019; Perlman 2017). The average reported group size for
bottlenose dolphins in this area is five. Assuming a group of five
dolphins comes into San Francisco Bay on two week intervals and
vibratory pile extraction occurs over 6 two-week periods, 30 takes of
bottlenose dolphins would be expected if the group enters the area over
which the Level B harassment thresholds may be exceeded (Tables 8, 9).
Chevron requested 30 takes of bottlenose dolphins by Level B harassment
per year (Tables 8, 9).
Takes of bottlenose dolphins by Level A harassment are not
anticipated as Chevron plans to implement a shutdown zone for all Level
A harassment isopleths. Takes of bottlenose dolphins by Level A
harassment were not requested by Chevron nor are they authorized by
NMFS.
Gray Whale
Gray whales are most often sighted in San Francisco Bay during
February and March, however, Wharf removal is not planned to occur
during this time. Prior monitoring reports of similar projects
occurring during the same work windows did not document gray whales in
the area (AECOM 2019, 2020). Limited sightings of gray whales in the
Bay include strandings, (Bartlett 2022; TMMC 2019), monitoring during
work on the RSRB (Winning 2008), and whale watch reports (Bartlett
2022). At-sea densities and regular observational data for gray whales
in San Francisco Bay during the planned project time are not available.
Therefore, take estimates are based upon the potential for one pair of
gray whales to be present in the project area each year. In the event
that gray whales are in the project area during the time of
construction activities, Chevron requested two takes of gray whales by
Level B harassment per year (Tables 8, 9).
Takes of gray whales by Level A harassment are not anticipated as
Chevron plans to shut down construction activities within the Level A
harassment zones for all pile types and hearing groups. NMFS has not
authorized any takes by Level A harassment of gray whales, nor were any
takes by Level A harassment requested.
[[Page 35188]]
Northern Elephant Seal
Small numbers of elephant seals may haul out or strand within
central San Francisco Bay (Caltrans 2015; Hern[aacute]ndez 2020).
Previous monitoring, however, has shown northern elephant seal
densities to be very low in the area and out of season for the proposed
Wharf removal project. Additionally, northern elephant seals were not
observed during pile driving monitoring for the CLWMEP from 2018-2020,
which was located just south of the proposed project area. However, as
northern elephant seals have been sighted in the Bay, and on assumption
that an elephant seal enters the Level B harassment zone once every
three days during pile extraction, Chevron requested authorization of a
total of 12 takes of elephant seals by Level B harassment during Year 1
and 21 takes of elephant seals by Level B harassment during Year 2
(Tables 8, 9).
Takes of elephant seals by Level A harassment are not anticipated
as Chevron plans to implement a shutdown zone for all Level A
harassment isopleths. Takes of elephant seals by Level A harassment
were not requested by Chevron nor are they authorized by NMFS.
Northern Fur Seal
The presence of northern fur seals in San Francisco Bay depends
upon oceanic conditions, as more fur seals are likely to strand during
El Ni[ntilde]o events (TMMC 2016). Equatorial sea surface temperatures
of the Pacific Ocean have been below average across most of the
Pacific, and La Ni[ntilde]a conditions are likely to remain for most of
spring 2022. During summer 2022, La Ni[ntilde]a conditions are expected
to remain or transition into neutral El Ni[ntilde]o conditions (NOAA
2022). Since there are no estimated at-sea densities for this species
in San Francisco Bay, Chevron conservatively requested, and NMFS
authorized, 10 takes of northern fur seals per year by Level B
harassment (Tables 8, 9).
Takes of northern fur seals by Level A harassment are not
anticipated as Chevron plans to shut down construction activities
within the Level A harassment zones for all pile types and hearing
groups. NMFS did not authorize takes of northern fur seals by Level A
harassment, nor have takes by Level A harassment been requested.
Table 7--Estimated Marine Mammal Densities and Occurrences
----------------------------------------------------------------------------------------------------------------
Estimated density/
Species Stock occurrence References
----------------------------------------------------------------------------------------------------------------
Harbor Seals...................... California........... 237 per day in June-July (Codde and Allen 2013,
(molt season). 2015, 2017, 2020; Codde
2020).
California Sea Lions.............. U.S.................. 0.16 animals/km\2\........ (Caltrans 2017).
Harbor Porpoise................... SF-Russian River..... 0.17 animals/km\2\........ (Caltrans 2017).
Bottlenose Dolphin................ CA Coastal........... Average group size of 5 (APER 2019; Perlman
present in the Bay in two 2017).
week intervals.
Gray Whale........................ Eastern N Pacific.... Rare; 2 whales per year... (TMMC 2019; Winning
2008).
Northern Elephant Seal............ CA Breeding.......... Rare; once every 3 days... (Caltrans 2015;
Hern[aacute]ndez 2020).
Northern Fur Seal................. California........... Rare; 10 seals per year... (TMMC 2016).
----------------------------------------------------------------------------------------------------------------
Table 8--Authorized Amount of Marine Mammal Level B Takes by Species and Stock, and Percent of Takes by Stock
Year 1
----------------------------------------------------------------------------------------------------------------
Requested Percent of
Species Stock Pile type/size total take stock
----------------------------------------------------------------------------------------------------------------
Harbor Seals...................... California *......... timber 12''.......... * 4,165 * 13.4
California Sea Lions.............. U.S.................. timber 12''.......... 22 <0.01
Harbor Porpoise................... San Francisco-Russian timber 12''.......... 23 0.3
River.
Bottlenose Dolphin................ CA Coastal........... timber 12''.......... 30 6.6
Gray Whale........................ Eastern North Pacific timber 12''.......... 2 <0.01
Northern Elephant Seal............ California Breeding.. timber 12''.......... 12 <0.01
Northern Fur Seal................. California........... timber 12''.......... 10 0.07
----------------------------------------------------------------------------------------------------------------
* Assumes multiple repeated takes of the same individuals from a small portion of the stock. Please see the
small numbers section for additional information. Abundance estimates are taken from the 2020 U.S. Pacific
Marine Mammal Stock Assessments (Carretta et al., 2021).
Table 9--Authorized Amount of Marine Mammal Level B Takes by Species and Stock, and Percent of Takes by Stock
Year 2
----------------------------------------------------------------------------------------------------------------
Requested Percent of
Species Stock Pile type/size total take stock
----------------------------------------------------------------------------------------------------------------
Harbor Seals...................... California *......... timber 12''.......... 3,213 ..............
steel 36''........... 4,266 ..............
steel 30''........... 2,370 ..............
steel 24''........... 1,422 ..............
-------------------------------
Total......................... ..................... ..................... * 11,271 * 36.4
----------------------------------------------------------------------------------------------------------------
California Sea Lions.............. U.S.................. timber 12''.......... 17 ..............
steel 36''........... 485 ..............
steel 30''........... 9 ..............
steel 24''........... 31 ..............
-------------------------------
[[Page 35189]]
Total......................... ..................... ..................... 542 1.3
----------------------------------------------------------------------------------------------------------------
Harbor Porpoise................... San Francisco-Russian timber 12''.......... 18 ..............
River.
steel 36''........... 515 ..............
steel 30''........... 10 ..............
steel 24''........... 33 ..............
-------------------------------
Total......................... ..................... ..................... 576 7.4
----------------------------------------------------------------------------------------------------------------
Bottlenose Dolphin................ California Coastal... ..................... 30 6.6
Gray Whale........................ Eastern North Pacific ..................... 2 <0.01
Northern Elephant Seal............ California Breeding.. ..................... 21 0.01
Northern Fur Seal................. California........... ..................... 10 0.07
----------------------------------------------------------------------------------------------------------------
* Assumes multiple repeated takes of the same individuals from a small portion of the stock. Please see the
small numbers section for additional information. Abundance estimates are taken from the 2020 U.S. Pacific
Marine Mammal Stock Assessments (Carretta et al., 2021).
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost and impact on
operations.
Mitigation for Marine Mammals and Their Habitat
The following mitigation measures are included in Chevron's removal
of the Point Orient Wharf:
<bullet> Time restriction: For all in-water pile removal
activities, Chevron shall operate only during daylight hours when
visual monitoring of marine mammals can be conducted;
<bullet> Establishment of shutdown zones: Shutdown zones will be
established for each pile type to include the Level A harassment zone
for each hearing group. The Level A harassment zone encompasses all of
the area where underwater sound pressure levels are expected to reach
or exceed the cumulative SEL thresholds for Level A harassment (Table
4). The radii of the shutdown zones will be to the next largest 10 m
interval from the values provided in Table 5, with a minimum shutdown
zone of 10 m; and
<bullet> Protected Species Observers (PSOs): Trained PSOs will
conduct visual monitoring from clear, elevated vantage points, along
the shoreline or construction barges, where the entirety of the
shutdown zones can be observed. PSOs will monitor the shutdown zones
for 30 minutes prior to any pile extraction activity to be sure marine
mammals are not in the zones. Pile extraction will not commence until
marine mammals have not been sighted within the shutdown zone for 30
minutes. If a marine mammal is observed entering a shutdown zone during
pile extraction, construction activities will stop until the marine
mammal leaves the zone, and will not resume until no marine mammals are
observed in the shutdown zone for 30 minutes. If a marine mammal is
seen above water and dives below, a 15 minute wait period will begin.
If the marine mammal is not redetected in that time, it will be assumed
that the marine mammal has moved beyond the shutdown zone, and
construction activities will continue.
Based on our evaluation of the applicant's mitigation measures,
NMFS has determined that the mitigation measures provide the means of
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.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which
[[Page 35190]]
take is anticipated (e.g., presence, abundance, distribution, density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
<bullet> Mitigation and monitoring effectiveness.
Chevron will monitor the shutdown zones and monitoring zones
before, during, and after pile removal activities with at least two
PSOs located at the best practicable vantage points. Based upon our
requirements, the Marine Mammal Monitoring Plan will implement the
following procedures for pile removal:
<bullet> PSOs must be independent observers (i.e., not construction
personnel). All PSOs must have the ability to conduct field
observations and collect data according to assigned protocols, be
experienced in field identification of marine mammals and their
behaviors, and submit their resumes to NMFS for approval;
<bullet> Biological monitoring will occur within one week of the
project's start date to establish baseline observation;
<bullet> Observation periods will encompass different tide levels
at different hours of the day;
<bullet> Monitoring will occur from elevated locations along the
shoreline or on barges where the entire shutdown zones and monitoring
zones are visible. If visibility decreases, such as due to fog or
weather, vibratory pile extraction will be stopped until PSOs are able
to view the entire shutdown zone;
<bullet> PSOs will be equipped with high quality binoculars for
monitoring and radios or cells phones for maintaining contact with work
crews;
<bullet> PSOs will implement clearing of the shutdown and
monitoring zones as well as shutdown procedures; and
<bullet> At the end of the pile removal day, post-construction
monitoring will be conducted for 30 minutes beyond the cessation of
pile removal.
Data Collection
Chevron will record detailed information about implementation of
shutdowns, counts and behaviors (if possible) of all marine mammal
species observed, times of observations, construction activities that
occurred, any acoustic and visual disturbances, and weather conditions.
PSOs will use approved data forms to record the following information:
<bullet> Date and time that permitted construction activity begins
and ends;
<bullet> Type of pile removal activities that take place;
<bullet> Weather parameters (e.g., percent cloud cover, percent
glare, visibility, air temperature, tide level, Beaufort sea state);
<bullet> Species counts, and, if possible, sex and age classes of
any observed marine mammal species;
<bullet> Marine mammal behavior patterns, including bearing and
direction of travel;
<bullet> Any observed behavioral reactions just prior to, during,
or after construction activities;
<bullet> Location of marine mammal, distance from observer to the
marine mammal, and distance from pile removal activities to marine
mammals;
<bullet> Record of whether an observation required the
implementation of mitigation measures, including shutdown procedures
and the duration of each shutdown; and
<bullet> Any acoustic or visual disturbances that take place.
Reporting Measures
Chevron shall submit a draft report to NMFS within 90 days of the
completion of marine mammal monitoring, or 60 days prior to the
issuance of any subsequent IHA for this project (if required),
whichever comes first. The annual report will detail the monitoring
protocol, summarize the data recorded during monitoring, and estimate
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 become final. If comments are received, a final report must be
submitted up to 30 days after receipt of comments. All PSO datasheets
and/or raw sighting data must be submitted with the draft marine mammal
report.
Reports shall contain the following information:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring.
<bullet> Construction activities occurring during each daily
observation period including: (a) How many and what type of piles were
removed; and (b) the total duration of time for removal of each pile;
<bullet> PSO locations during monitoring; and
<bullet> Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance.
Upon observation of a marine mammal, the following information must
be reported:
<bullet> Name of PSO who sighted the animal(s) and PSO location and
activity at time of sighting;
<bullet> Time of sighting;
<bullet> Identification of the animal (s) (e.g., genus/species,
lowest possible taxonomic level, or unidentified), PSO confidence in
identification, and the composition of the group if there is a mix of
species;
<bullet> Distance and location of each observed marine mammal
relative to pile removal for each sighting;
<bullet> Estimated number of animals by species (min/max/best
estimate);
<bullet> Estimated number of animals by cohort (adults, juveniles,
neonates, group composition, etc.);
<bullet> Description of any marine mammal behavioral observations
(e.g., observed behaviors such as feeding or traveling), including an
assessment of behavioral responses thought to have resulted from the
activity (e.g., no response or changes in behavioral state such as
ceasing feeding, changing direction, flushing, or breaching); and
<bullet> Detailed information about implementation of any
mitigation (e.g., shutdowns and delays), a description of specified
actions that ensured, and resulting changes in behavior of the
animal(s), if any.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
Chevron would immediately cease the specified activities and
immediately report the incident to the Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#8bdbd9a5c2dfdba5c6e4e5e2ffe4f9e2e5ecd9eefbe4f9fff8cbe5e4eaeaa5ece4fd"><span class="__cf_email__" data-cfemail="abfbf985e2fffb85e6c4c5c2dfc4d9c2c5ccf9cedbc4d9dfd8ebc5c4caca85ccc4dd">[email protected]</span></a>) and the West Coast Regional
Stranding Coordinator. The report
[[Page 35191]]
would include the following information:
<bullet> Time, date, and location (latitude/longitude) of the
incident;
<bullet> Name and type of vessel involved (if applicable);
<bullet> Vessel's speed during and leading up to the incident (if
applicable);
<bullet> Description of the incident;
<bullet> Status of all sound source used in the 24 hours preceding
the incident;
<bullet> Water depth;
<bullet> Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
<bullet> Description of all marine mammal observations in the 24
hours preceding the incident;
<bullet> Species identification or description of the animal(s)
involved;
<bullet> Fate of the animal(s); and
<bullet> Photographs or video footage of the animal(s) (if
equipment is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with Chevron to
determine necessary actions to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Chevron would not be able
to resume their activities until notified by NMFS via letter, email, or
telephone.
<bullet> In the event that Chevron discovers an injured or dead
marine mammal, and the lead PSO determines that the cause of the injury
or death is unknown and the death is relatively recent (i.e., in less
than a moderate state of decomposition as described in the next
paragraph), Chevron would immediately report the incident to the Office
of Protected Resources (<a href="/cdn-cgi/l/email-protection#bbebe995f2efeb95f6d4d5d2cfd4c9d2d5dce9decbd4c9cfc8fbd5d4dada95dcd4cd"><span class="__cf_email__" data-cfemail="065654284f5256284b69686f7269746f686154637669747275466869676728616970">[email protected]</span></a>) and the West
Coast Regional Stranding Coordinator. The report would include the same
information identified in the section above. Activities would be able
to continue while NMFS reviews the circumstances of the incident. NMFS
would work with Chevron to determine whether modifications in the
activities are appropriate.
<bullet> In the event that Chevron discovers an injured or dead
marine mammal, and the lead PSO determines that the injury or death is
not associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), Chevron would report the incident
to Office of Protected Resources (<a href="/cdn-cgi/l/email-protection#e1b1b3cfa8b5b1cfac8e8f88958e93888f86b384918e939592a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="abfbf985e2fffb85e6c4c5c2dfc4d9c2c5ccf9cedbc4d9dfd8ebc5c4caca85ccc4dd">[email protected]</span></a>)
and West Coast Regional Stranding Coordinator, within 24 hours of the
discovery. Chevron would provide photographs or video footage (if
available) or other documentation of the stranded animal sighting to
NMFS and the Marine Mammal Stranding Network. Pile removal activities
would be permitted to continue.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338;
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, the discussion of our analysis applies to all
the species listed in Table 2, given that the anticipated effects of
this activity on these different marine mammal stocks are expected to
be similar. There is little information about the nature or severity of
the impacts, or the size, status, or structure of any of these species
or stocks that would lead to a different analysis for this activity.
Pile removal activities have the potential to disturb or displace
marine mammals. The project activities may result in take in the form
of Level B harassment from underwater sounds generated by vibratory
pile removal. Potential takes could occur if individuals move into in
the ensonified area when construction activities are underway.
The takes from Level B harassment will be due to potential
behavioral disturbance and TTS. No serious injury or mortality is
anticipated for any stocks presented in this analysis given the nature
of the activity and mitigation measures designed to minimize the
possibility of injury. The potential for harassment is minimized
through construction method and the implementation of planned
mitigation strategies (see Mitigation section).
No marine mammal stocks for which incidental take authorization is
proposed are listed as threatened or endangered under the ESA or
determined to be strategic or depleted under the MMPA. The relatively
low marine mammal density, small shutdown zones, and planned monitoring
also make injury takes of marine mammals unlikely. The shutdown zones
will be thoroughly monitored before the vibratory pile removal begins
and construction activities will be postponed if a marine mammal is
sighted within the shutdown zone. There is a high likelihood that
marine mammals will be detected by trained observers under
environmental conditions described for the proposed project. Limiting
construction activities to daylight hours will also increase
detectability of marine mammal in the area. Therefore, the mitigation
and monitoring measures are expected to eliminate the potential for
injury and Level A harassment as well as reduce the amount and
intensity for Level B behavioral harassment. Furthermore, the pile
removal activities analyzed here are similar to, or less impactful
than, numerous construction activities conducted in other similar
locations which have occurred with no reported injuries or mortality to
marine mammals, and no known long-term adverse consequences from
behavioral harassment.
Anticipated and authorized takes are expected to be limited to
short-term Level B harassment (behavioral disturbance and TTS) as
construction activities will occur over the course of 12 weeks and
removal of each pile lasts only approximately 6-45 minutes. Effects on
individuals taken by Level B harassment, based upon reports in the
literature as well as monitoring from other similar activities, may
include increased swimming speeds, increased surfacing time, or
decreased foraging (e.g., Thorson and Reyff 2006). Individual animals,
even if taken multiple times, will likely move away from the sound
source and be temporarily displaced from the area due to elevated noise
level during pile removal. Marine mammals could also
[[Page 35192]]
experience TTS if they move into the Level B monitoring zone. TTS is a
temporary loss of hearing sensitivity when exposed to loud sound, and
the hearing threshold is expected to recover completely within minutes
to hours. Thus, it is not considered an injury. Repeated exposures of
individuals to levels of sounds that could cause Level B harassment are
unlikely to considerably significantly disrupt foraging behavior or
result in significant decrease in fitness, reproduction, or survival
for the affected individuals. In all, there will be no adverse impacts
to the stock as a whole.
As previously described, a UME has been declared for Eastern
Pacific gray whales. However, we do not expect takes authorized by this
action to exacerbate the ongoing UME. As mentioned previously, no
injury or mortality is authorized, and Level B harassment takes of gray
whales will be reduced to the level of least practicable adverse impact
through incorporation of the proposed mitigation measures. Given that
only 2 takes by Level B harassment are authorized for this stock
annually, we do not expect the takes to compound the ongoing UME.
The project is not expected to have significant adverse effects on
marine mammal habitat. There are no Biologically Important Areas or
ESA-designated habitat within the project area. While EFH for several
fish species does exist in the project area, the activities will not
permanently modify existing marine mammal habitat. The activities may
cause fish to leave the area temporarily. This could impact marine
mammals' foraging opportunities in a limited portion of the foraging
range, however, due to the short duration of activities and the
relatively small area of affected habitat, the impacts to marine mammal
habitat are not expected to cause significant or long-term negative
consequences.
In summary and as described above, the following factors primarily
support our final determination that the impacts resulting from this
activity are not expected to adversely affect any of the species or
stocks through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> No Level A harassment, including injury or serious injury,
is anticipated or authorized;
<bullet> Anticipated impacts of Level B harassment include
temporary behavior modifications or TTS;
<bullet> Short duration and intermittent nature of in-water
construction activities;
<bullet> The specified activity and associated ensonified areas are
very small relative to the overall habitat ranges of all species and do
not include habitat areas of special significance (Biologically
Important Areas or ESA-designated critical habitat);
<bullet> The lack of anticipated significant or long-term effects
to marine mammal habitat;
<bullet> The presumed efficacy of the mitigation measures in
reducing the effects of the specified activity;
<bullet> Monitoring reports from similar work in San Francisco Bay
have documented little to no effect on individuals of the same species
impacted by the specified activities.
These factors, in addition to the available body of evidence from
prior similar activities, demonstrate that the potential effects of the
specified activity will have only short-term effects on individuals.
The specified activity is not expected to impact rates of recruitment
or survival, and will therefore not result in population-level impacts.
Based on the analysis contained herein 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 finds that the total marine mammal take from the
activity will have a negligible impact on all affected marine mammal
species or stocks.
Small Numbers
As noted above, only small numbers of incidental take may be
authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
The amount of take NMFS has authorized in Year 1 is below one-third
of the estimated stock abundance for all impacted stocks (Table 8). The
number of animals authorized to be taken during Year 1 would be
considered small relative to the relevant stocks or populations, even
if each estimated take occurred to a new individual. Furthermore, these
takes are likely to only occur within a small portion of the overall
regional stock and the likelihood that each take would occur to a new
individual is low.
The amount of take NMFS has authorized in Year 2 is below one-third
of the estimated stock abundance for California sea lions, harbor
porpoises, bottlenose dolphins, gray whales, northern elephant seals,
and northern fur seals (Table 9). The take percentage of the estimated
take of harbor seals is approximately 36.4 percent, however, take
estimates are conservative as they assume all takes are of different
individuals which is likely not the case. Some individuals may return
to the area multiple times a week, but PSOs would count them as
separate takes. Furthermore, the project area represents a small
portion of the overall range of harbor seals and activities are will
most likely to impact only a small portion of the stock. Therefore,
since take estimates likely include repeated takes of the same
individuals over time, take estimates are expected to represent a
smaller percentage of the total stock.
Based on the analysis contained herein of the activity (including
the mitigation and monitoring measures) and the anticipated take of
marine mammals, NMFS finds, specific to both the Year 1 and Year 2 IHAs
that small numbers of marine mammals will be taken relative to the
population size of the affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks will not
have an unmitigable adverse impact on the availability of such species
or stocks for taking for subsistence purposes.
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)
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
[[Page 35193]]
have not identified any extraordinary circumstances that would preclude
this categorical exclusion. Accordingly, NMFS has determined that this
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 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 whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized 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.
Authorization
NMFS has issued two consecutive IHAs to Chevron for the potential
harassment of small numbers of the seven marine mammal species
incidental to the Point Orient Wharf Removal in San Francisco Bay, CA,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are followed.
Dated: June 3, 2022.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-12395 Filed 6-8-22; 8:45 am]
BILLING CODE 3510-22-P
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