Notice2022-20265
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Naval Base San Diego Pier 6 Replacement Project, San Diego, California
Primary source
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Published
September 20, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the U.S. Navy (Navy) for the renewal of their currently active IHA to take marine mammals incidental to the Naval Base San Diego Pier 6 Replacement Project in San Diego, California. These activities consist of activities that are covered by the current authorization, but will not be completed prior to its expiration. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 87 Issue 181 (Tuesday, September 20, 2022)</title>
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[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Pages 57480-57486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20265]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC351]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Naval Base San Diego Pier 6
Replacement Project, San Diego, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization (IHA).
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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for the
renewal of their currently active IHA to take marine mammals incidental
to the Naval Base San Diego Pier 6 Replacement Project in San Diego,
California. These activities consist of activities that are covered by
the current authorization, but will not be completed prior to its
expiration. Pursuant to the Marine Mammal Protection Act, prior to
issuing the currently active IHA, NMFS requested comments on both the
proposed IHA and the potential for renewing the initial authorization
if certain requirements were satisfied. The renewal requirements have
been satisfied, and NMFS is now providing an additional 15-day comment
period to allow for any additional comments on the proposed renewal not
previously provided during the initial 30-day comment period.
DATES: Comments and information must be received no later October 5,
2022.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#eda4b9bdc3ab829a81889fad83828c8cc38a829b"><span class="__cf_email__" data-cfemail="08415c58264e677f646d7a4866676969266f677e">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may
[[Page 57481]]
be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In
case of problems accessing these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are issued or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
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 1 year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a renewal for this activity, and
requested public comment on a potential renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time one-year renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical, or nearly identical, activities as described in the
Detailed Description of Specified Activities section of the initial IHA
issuance notice is planned or (2) the activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of the initial IHA issuance notice would not be completed by the time
the initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any
comments received on the potential renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested renewal, and agency responses will be
summarized in the final notice of our decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA renewal
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA renewal request.
History of Request
On January 22, 2021, NMFS issued an IHA to the Navy to take
California sea lions (Zalophus californianus), by Level B harassment
only, incidental to the Naval Base San Diego Pier 6 Replacement Project
in San Diego, California (86 FR 7993, February 3, 2021), effective from
October 1, 2021 through September 30, 2022. On July 29, 2022, NMFS
received an application for the renewal of that initial IHA. As
described in the application for renewal IHA, the activities for which
incidental take is requested consist of activities that are covered by
the initial authorization but will not be completed prior to its
expiration. As required, the applicant also provided a preliminary
monitoring report (available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>) which confirms that the applicant has
implemented the required mitigation and monitoring, and which also
shows that no impacts of a scale or nature not previously analyzed or
authorized have occurred as a result of the activities conducted.
[[Page 57482]]
Description of the Specified Activities and Anticipated Impacts
The purpose of the Naval Base San Diego Pier 6 Replacement Project
is to remove and replace a decaying and inadequate pier for Navy ships.
Specifically, the planned in-water construction work authorized under
the initial IHA included removing piles that supported the existing
pier and installing new piles using an impact hammer. After first
removing the above-water structures and utilities, the Navy planned to
remove a total of 1,998 piles, including 1,833 12 to 24-inch (in)
square concrete piles, 149 12-in composite (timber-plastic) piles, and
16 16-in I-shaped steel piles. Once demolition had opened up space, the
Navy planned to begin construction in the same location on a new pier
measuring 37 meters (m; 120 feet (ft)) wide by 457 m (1,500 ft) long.
New construction work involved impact driving of 966 piles, including
528 24-in octagonal concrete structural piles, 208 24-in square
concrete fender piles, four 20-in square concrete piles for a load-out
ramp, and 226 16-in fiberglass secondary and corner fender piles. Pile
installation and removal was expected to take no more than 250 days.
Of the planned pile removal and installation activities described
in the initial IHA, the Navy removed a total of 1,835 concrete piles
over 70 days using a vibratory hammer and installed a total of 526 new
concrete piles over 62 days using an impact hammer (Table 1). The Navy
also removed 149 12-in composite piles and 16 16-inch I-shaped steel
piles using direct pull (i.e., no pile hammer required). All planned
pile removal activities described in the initial IHA have been
completed. The Navy now proposes to install the remaining piles over
the course of approximately 54 days starting in November or early
December 2022 and continuing through February 2023.
The types of impacts of the Navy's proposed activities are
identical to those described in the initial IHA. As in the initial IHA,
NMFS anticipates that only the U.S. stock of California sea lions may
be taken by Level B harassment incidental to underwater noise resulting
from construction associated with the remaining proposed activities.
The following documents are referenced in this notice and include
important supporting information:
<bullet> Federal Register notice of proposed initial IHA (85 FR
80027, December 11, 2020);
<bullet> Federal Register notice of final initial IHA (86 FR 7993,
February 3, 2021); and
<bullet> Initial IHA application, references cited, IHA renewal
request, and preliminary monitoring report (available at
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>).
Detailed Description of the Activity
The purpose of the project is to remove and replace a decaying and
inadequate pier built in 1945. A new, wider pier is needed to provide
adequate ship berthing infrastructure to support modern Navy ships and
fleet readiness. All in-water demolition (i.e., pile removal) and
installation of concrete structural piles has been completed. The
remaining in-water construction activities to be covered under this IHA
renewal include the following:
<bullet> Impact installation of 204 2-in square concrete fender
piles; and
<bullet> Impact installation of 226 16-in round fiberglass fender
piles.
Table 1--Summary of Completed and Remaining Pile Driving Activities
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Number of
piles planned Number of Number of Total days of Total
Method Pile type in initial piles piles completed work estimated days
IHA completed remaining remaining
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Demolition of Existing Pier:
Vibratory Extraction, High-pressure 24-inch square pre-cast 1,833 \a\ 1,835 0 70 0
Water Jetting, Hydraulic Pile concrete, 20-inch square
Clipper, and/or Hydraulic Chainsaw. pre-stressed/pre-cast
concrete piles.
12-inch composite (timber- 149 \b\ 149 0
plastic) piles.
Vibratory Extraction.................. 16-inch I-shaped steel piles 16 \b\ 16 0
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Total............................. ............................ 1,998 1,835 0
Construction of New Pier:
Impact Pile Driving................... 24-inch octagonal concrete 15 9 0 62 54
structural test piles.
24-inch octagonal concrete 513 517 0
structural piles.
24-inch square concrete 4 \c\ 0 \c\ 0
fender system test piles.
24-inch square concrete 204 0 204
primary fender piles.
20-inch square concrete pile 4 \d\ 0 \d\ 0
for load-out ramp cradle.
16-inch fiberglass secondary 226 0 226
and corner fender piles.
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Total............................. ............................ 966 526 430 132 54
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\a\ Note that the total observed piles removed (1,835 piles) exceeds by two the proposed number of 20-in and 24-in piles described in the initial IHA
(1,833 piles). This is likely due to command PSOs double counting piles as a result of difficulties encountered when viewing/tracking the large number
of piles removed during the course of demolition activities at Pier 6.
\b\ All 12-inch composite piles and 16-inch I-shaped steel piles were removed via direct pull with no vibratory hammer required.
[[Page 57483]]
\c\ 24-inch square concrete fender system test piles have been removed from the construction plan.
\d\ These 20-inch square concrete piles were changed to 24-inch octagonal concrete piles and are included in the total number of 24-inch octagonal
concrete piles installed above.
A detailed description of the construction activities for which
authorization of take is proposed here may be found in the Federal
Register notice of proposed IHA for the initial IHA (85 FR 80027,
December 11, 2020). The location, timing (e.g., seasonality), and
nature of the pile driving operations, including the type and size of
piles and the methods of pile driving, are identical to those analyzed
in the initial IHA. The proposed IHA renewal would be effective through
September 30, 2023.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice of the proposed IHA for the initial
authorization (85 FR 80027, December 11, 2020). NMFS has reviewed the
monitoring data from the initial IHA, recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and other scientific
literature, and preliminarily determined that neither this nor any
other new information affects which species or stocks have the
potential to be affected or the pertinent information in the
Description of the Marine Mammals in the Area of Specified Activities
contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which the
authorization of take is proposed here may be found in the Federal
Register notice of the proposed IHA for the initial authorization (85
FR 80027, December 11, 2020). NMFS has reviewed the monitoring data
from the initial IHA, recent Stock Assessment Reports, information on
relevant Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notice for the proposed and final initial IHAs (85 FR 80027, December
11, 2020; 86 FR 7993, February 3, 2021). Specifically, the source
levels and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA, with the
exception of fewer days of activity since the proposed activities are a
subset of those covered in the initial IHA. Similarly, the stocks
taken, methods of take, and types of take remain unchanged from the
previously issued IHA.
Based on the number of piles to be installed, the Navy estimates
that the remaining activity would take 54 days (Table 1). As in the
initial IHA, the Navy estimates four California sea lions could be
present in the project area each day. Multiplication of the above
estimate of animals per day (4) times the days of work (54) results in
an estimated 216 Level B harassment takes of California sea lions
(Table 2). The Navy intends to avoid Level A harassment take by
shutting down activities if a California sea lion approaches within 20
m of the project site, which encompasses all Level A harassment
ensonification zones. Therefore, no take by Level A harassment is
anticipated or proposed to be authorized.
Table 2--Estimated Take Proposed for Authorization and Proportion of Stock Potentially Affected
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Days of Estimated daily Proposed take Proposed take
Species activity occurrence (# by Level B by Level A Percent of
remaining per day) harassment harassment stock
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California sea lion (Zalophus californianus) U.S. Stock............ 54 4 216 0 0.08
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Description of Proposed Mitigation, Monitoring and Reporting Measures
With the exception of measures specific to vibratory pile removal
that are not relevant to this IHA renewal, the proposed mitigation,
monitoring, and reporting measures included as requirements in this
authorization are identical to those included in the Federal Register
notice announcing the issuance of the initial IHA (86 FR 7993, February
3, 2021), and the discussion of the least practicable adverse impact
included in that document remains accurate. The following measures are
proposed for this renewal:
Mitigation
Establishment of Shutdown Zones--The Navy would establish shutdown
zones for all pile driving and removal activities. The purpose of a
shutdown zone is generally to define an area within which shutdown of
the activity would occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area). Shutdown zones
typically vary based on the activity type and marine mammal hearing
group (Table 3). In this case there is only one species affected and
all Level A harassment isopleths are less than 10 m radius. To be
conservative, the Navy would establish a 20 m shutdown zone for all
pile driving or removal activities.
The placement of Protected Species Observers (PSOs) during all pile
driving and removal activities (described in detail in the Monitoring
section below) would ensure that the entire shutdown zone is visible
during pile installation. Should environmental conditions deteriorate
such that marine mammals within the entire shutdown zone would not be
visible (e.g., fog, heavy rain), pile driving and removal must be
delayed until the PSO is confident marine mammals within the shutdown
zone could be detected.
For in-water heavy machinery work other than pile driving, if a
marine mammal comes within 10 m, operations would cease and vessels
would reduce speed to the minimum level required to maintain steerage
and safe working conditions. This type of work could include the
following activities: (1) movement of the barge to the pile location;
or (2) positioning of the pile on the substrate via a crane (i.e.,
stabbing the pile).
[[Page 57484]]
The Navy would conduct briefings between construction supervisors
and crews and the marine mammal monitoring team prior to the start of
all pile driving activity and when new personnel join the work, to
explain responsibilities, communication procedures, marine mammal
monitoring protocol, and operational procedures.
For marine mammal species for which take by Level B harassment has
not been authorized, in-water pile driving would shut down immediately
if such species are observed within or entering the Level B harassment
zone.
If take reaches the authorized limit for an authorized species,
pile installation would be stopped as these species approach the Level
B harassment zone to avoid additional take.
Monitoring for Level B Harassment--The Navy would monitor the Level
A and B harassment zones. Monitoring zones provide utility for
observing by establishing monitoring protocols for areas adjacent to
the shutdown zones. Monitoring zones enable observers to be aware of
and communicate the presence of marine mammals in the project area
outside the shutdown zone and thus prepare for a potential halt of
activity should the animal enter the shutdown zone. Placement of PSOs
would allow PSOs to observe marine mammals within the Level B
harassment zones.
Soft Start--Soft-start procedures are believed to provide
additional protection to marine mammals by providing warning and/or
giving marine mammals a chance to leave the area prior to the impact
hammer operating at full capacity. For impact pile driving, contractors
would be required to provide an initial set of three strikes from the
hammer at reduced energy, followed by a 30-second waiting period. This
procedure would be conducted three times before impact pile driving
begins. Soft start would be implemented at the start of each day's
impact pile driving and at any time following cessation of impact pile
driving for a period of 30 minutes or longer.
Pre-activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving/removal of
30 minutes or longer occurs, PSOs would observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone would be
considered cleared when a marine mammal has not been observed within
the zone for that 30-minute period. If a marine mammal is observed
within the shutdown zone, a soft-start would not proceed until the
animal has left the zone or has not been observed for 15 minutes. When
a marine mammal for which Level B harassment take is authorized is
present in the Level B harassment zone, activities may begin and Level
B harassment take would be recorded. If the entire Level B harassment
zone is not visible at the start of construction, pile driving
activities can begin. If work ceases for more than 30 minutes, the pre-
activity monitoring of the shutdown zones would commence.
Monitoring
Marine mammal monitoring during pile driving and removal would be
conducted by NMFS-approved PSOs in a manner consistent with the
following:
<bullet> Independent PSOs (i.e., not construction personnel) who
have no other assigned tasks during monitoring periods would be used;
<bullet> At least one PSO would have prior experience performing
the duties of a PSO during construction activity pursuant to a NMFS-
issued incidental take authorization;
<bullet> Other PSOs may substitute education (degree in biological
science or related field) or training for experience;
<bullet> Where a team of three or more PSOs are required, a lead
observer or monitoring coordinator would be designated. The lead
observer must have prior experience performing the duties of a PSO
during construction activity pursuant to a NMFS-issued incidental take
authorization; and
<bullet> The Navy would submit PSO Curriculum Vitae for approval by
NMFS prior to the onset of pile driving.
PSOs would have the following additional qualifications:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> 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, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and
<bullet> 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.
Up to four PSOs would be employed. PSO locations would provide an
unobstructed view of all water within the shutdown zone, and as much of
the Level A and Level B harassment zones as possible. PSO locations are
as follows:
(1) At the pile driving/removal site or best vantage point
practicable to monitor the shutdown zones;
(2) For activities with Level B harassment zones larger than 400 m
(i.e., water jetting), two additional PSO locations would be used. One
would be across from the project location along Inchon Road at Naval
Amphibious Base Coronado; and
(3) Two additional PSOs would be located in a small boat. The boat
would conduct a pre-activity survey of the entire monitoring area prior
to in-water construction. The boat would start from south of the
project area (where potential marine mammal occurrence is lowest) and
proceed to the north. When the boat arrives near the northern boundary
of the Level B harassment zone (e.g., just north of the western side of
the Coronado Bridge as depicted in the Figures in the monitoring plan)
it would set up a station so the PSOs are best situated to detect any
marine mammals that may approach from the north. The two PSOs aboard
would split monitoring duties in order to monitor a 360 degree sweep
around the vessel with each PSO responsible for 180 degrees of
observable area.
Monitoring would be conducted 30 minutes before, during, and 30
minutes after pile driving/removal activities. In addition, observers
would record all incidents of marine mammal occurrence, regardless of
distance from activity, and would document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving
activities include the time to install or remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving or drilling equipment is no more than 30 minutes.
Hydroacoustic Monitoring and Reporting--The Navy has volunteered to
conduct hydroacoustic monitoring of all pile driving and removal
methods. Data would be collected for a representative number of piles
(three to five) for each pile size and/or type. As part of the below-
mentioned report, or in a separate report with the same timelines as
above, the Navy would provide an acoustic monitoring report for this
work. Hydroacoustic monitoring results could be used to adjust the size
of the Level B harassment and monitoring zones after a request is made
and approved by NMFS. The acoustic
[[Page 57485]]
monitoring report would, at minimum, include the following:
<bullet> Hydrophone equipment and methods: recording device,
sampling rate, distance (m) from the pile where recordings were made;
depth of recording device(s);
<bullet> Type of pile being driven or removed, substrate type,
method of driving or removal during recordings;
<bullet> For impact pile driving: Pulse duration and mean, median,
and maximum sound levels (dB re: 1[mu]Pa): SELcum, peak sound pressure
level (SPLpeak), and single-strike sound exposure level (SELs-s);
<bullet> For non-impulsive sources (e.g., water jetting): Mean,
median, and maximum sound levels (dB re: 1[mu]Pa): root mean square
sound pressure level (SPLrms), SELcum; and
<bullet> Number of strikes (impact) or duration (non-impulsive
sources) per pile measured, one-third octave band spectrum and power
spectral density plot.
Reporting
A draft marine mammal monitoring report would be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities, or 60 days prior to a requested date of issuance of any
future IHAs for projects at the same location, whichever comes first.
The report would include an overall description of work completed, a
narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report would include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
<bullet> Construction activities occurring during each daily
observation period, including how many and what type of piles were
driven or removed and by what method (i.e., impact or vibratory and if
other removal methods were used);
<bullet> Weather parameters and water conditions during each
monitoring period (e.g., wind speed, percent cover, visibility, sea
state);
<bullet> The number of marine mammals observed, by species,
relative to the pile location and if pile driving or removal was
occurring at time of sighting;
<bullet> Age and sex class, if possible, of all marine mammals
observed;
<bullet> PSO locations during marine mammal monitoring;
<bullet> Distances and bearings of each marine mammal observed to
the pile being driven or removed for each sighting (if pile driving was
occurring at time of sighting);
<bullet> Description of any marine mammal behavior patterns during
observation, including direction of travel and estimated time spent
within the Level A and Level B harassment zones while the source was
active;
<bullet> Number of individuals of each species (differentiated by
month as appropriate) detected within the monitoring zone;
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting behavior of the animal, if
any; and
<bullet> Description of attempts to distinguish between the number
of individual animals taken and the number of incidences of take, such
as ability to track groups or individuals.
If no comments are received from NMFS within 30 days, the draft
final report would constitute the final report. If comments are
received, a final report addressing NMFS comments would be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, the Navy would report the
incident to the Office of Protected Resources (OPR), NMFS, and to the
regional stranding coordinator as soon as feasible. If the death or
injury was clearly caused by the specified activity, the Navy would
immediately cease the specified activities until NMFS is able to review
the circumstances of the incident and determine what, if any,
additional measures are appropriate to ensure compliance with the terms
of the IHA. The Navy would not resume their activities until notified
by NMFS. The report would include the following information:
<bullet> Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and
<bullet> General circumstances under which the animal was
discovered.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (85
FR 80027, December 11, 2020) and solicited public comments on both our
proposal to issue the initial IHA for the Naval Base San Diego Pier 6
Replacement Project and on the potential for a renewal IHA, should
certain requirements be met. During the 30-day public comment period,
NMFS received no public comments.
Preliminary Determinations
The construction activities proposed by the Navy are a subset of
those analyzed in the initial IHA, as are the method of taking and the
effects of the action. The planned number of days of activity are
reduced given the completion of a portion of the originally planned
work. The potential effects of the Navy's activities are limited to
Level B harassment in the form of behavioral disturbance and temporary
threshold shift. In analyzing the effects of the activities in the
initial IHA, NMFS determined that the Navy's activities would have a
negligible impact on the affected species or stocks and that the
authorized take numbers of each species or stock were small relative to
the relevant stocks (e.g., less than one-third of the abundance of all
stocks). The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) 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
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
[[Page 57486]]
mammal species is expected to result from this activity, and none would
be authorized. Therefore, NMFS has determined that consultation under
section 7 of the ESA is not required for this action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to the Navy for conducting the Naval Base San Diego
Pier 6 Replacement Project in San Diego, California, effective through
September 30, 2023, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed and final initial IHA can be found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request comment on our analyses, the
proposed renewal IHA, and any other aspect of this Notice. Please
include with your comments any supporting data or literature citations
to help inform our final decision on the request for MMPA
authorization.
Dated: September 14, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-20265 Filed 9-19-22; 8:45 am]
BILLING CODE 3510-22-P
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