Notice2023-09397
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Training Exercises at Naval Base Ventura County, Port Hueneme
Primary source
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Published
May 4, 2023
Effective
May 1, 2023
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 an Incidental Harassment Authorization (IHA) to the United States Navy (Navy) to incidentally harass, by Level B harassment only, marine mammals during pile driving training exercises at Naval Base Ventura County, Port Hueneme (NBVC). The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28517-28531]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09397]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC952]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pile Driving Training Exercises at
Naval Base Ventura County, Port Hueneme
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
the United States Navy (Navy) to incidentally harass, by Level B
harassment only, marine mammals during pile driving training exercises
at Naval Base Ventura County, Port Hueneme (NBVC). The Navy's
activities are considered military readiness activities pursuant to the
MMPA, as amended by the National Defense Authorization Act for Fiscal
Year 2004 (2004 NDAA).
DATES: This authorization is effective from May 1, 2023 through April
30, 2024.
FOR FURTHER INFORMATION CONTACT: Reny Tyson Moore, 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="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-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 (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth.
The 2004 NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as applied to a ``military
readiness activity.'' The NDAA also amended the process as it relates
to military readiness activities and the incidental take authorization
process such that ``least practicable impact'' on such species or stock
shall include consideration of personnel safety, practicality of
implementation, and impact on the effectiveness of the military
readiness activity. Before making the required determination, the
Secretary shall consult with the Department of Defense regarding
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity. The activity for
which incidental take of marine mammals is being requested, addressed
here, qualifies as a military readiness activity. The definitions of
all applicable MMPA statutory terms cited above are included in the
relevant sections below.
[[Page 28518]]
Summary of Request
NMFS received a request from the U.S. Navy on August 18, 2021, for
an IHA to take marine mammals incidental to pile driving training
exercises at NBVC. NMFS provided comments on the application and the
Navy resubmitted a revised application on May 11, 2022. On May 25,
2022, the Navy notified NMFS of the need to update the application to
include additional activities. NMFS received the updated application on
October 26, 2022. NMFS provided comments on the updated application and
received a revised application from the Navy on December 5, 2022. NMFS
provided additional comments on the application on December 8, 2022,
and received an updated application on January 6, 2023, which was
deemed adequate and complete on January 12, 2023. The Navy's request is
for take of California sea lions (Zalophus californius) and harbor
seals (Phoca vitulina richardii) by Level B harassment only. Neither
the Navy nor NMFS expect serious injury or mortality to result from
this activity and, therefore, an IHA is appropriate.
Changes were made between the publication of the notice of the
proposed IHA and this notice of the final IHA. Specifically, two
proposed mitigation measures were removed from the final IHA that were
included in the notice of the proposed IHA (see Changes from the
Proposed IHA to Final IHA for more details).
Description of Activity
The primary mission of NBVC is to provide a home port and to
furnish training, administrative, and logistical support for the Naval
Construction Battalions. Naval Construction Group ONE (NCG-1) is
planning to execute pile driving training exercises at NBVC that are
essential to construction battalion personnel prior to deployment. The
specific components of each exercise may vary based on the specific
training requirements for each battalion, but could include vibratory
and impact pile driving, temporary pier construction, and subsequent
removal of all installed materials. These are military readiness
activities, as defined under the National 7 Defense Authorization Act
(NDAA) of Fiscal Year 2004 (Pub. L. 108-136).
Up to four training exercises will take place during the
authorization period. Each training exercise will last up to 24 days,
and will include installation (12 days) and removal (12 days) of a
sheet pile wall and round pile pier (see Table 1 for a summary of pile
details and the estimated effort required for pile installation and
removal), for a total of up to 96 days over the four training
exercises. The sheet pile wall and pier construction/removal will occur
during the same training evolution, but will not occur at the same
time. The U.S. Navy is requesting an IHA for Level B harassment of
California sea lions and harbor seals related to these activities.
Level A harassment is not anticipated or requested. The IHA will be
effective from May 1, 2023 through April 30, 2024.
Table 1--Summary of Pile Details and Estimated Effort Required for Pile Installation and Removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Potential Production rate (piles/
Number of installation/ impact day)
Pile type/shape Size sheets/ removal duration strikes per --------------------------- Days of Days of
piles per pile/sheet pile, if installation removal
(minutes) needed Installation Removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel Sheet..................... 24-in............. 15 10/20............. NA 3 3 5 5
Timber Pile..................... 16-in............. 10 20/30............. 1800 2 2 5 5
H-Beam.......................... 14-in............. 4 20/30............. 1800 2 2 2 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Project Totals 29 7.17 hours/12 ........... ............ ........... 12 12
hours.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Each training event will occur at either Wharf 4 or Wharf D at
NBVC. Wharf 4 contains two potential pile driving sites. The Wharf 4
South site is located directly in front of the Naval Facilities
Engineering and Expeditionary Warfare Center Dive Locker, while the
Wharf 4 East site is located along the side of the Naval Facilities
Engineering and Expeditionary Warfare Center Dive Locker (Figure 1).
The Wharf D site is located near the mouth of the harbor (Figure 2).
The Wharf 4 locations are open to the majority of the harbor, whereas
the Wharf D location is almost entirely self-contained, with only one
access point from the channel leading to the harbor itself. No part of
the Navy's training exercises will occur outside of Port Hueneme Harbor
in the Pacific Ocean.
[[Page 28519]]
[GRAPHIC] [TIFF OMITTED] TN04MY23.113
Figure 1--Action Area for Pile Driving Exercises at Wharf 4
[[Page 28520]]
[GRAPHIC] [TIFF OMITTED] TN04MY23.114
Figure 2--Action Area for Pile Driving Exercises at Wharf D
A detailed description of the Navy's planned training exercises is
provided in the Federal Register notice for the proposed IHA (88 FR
15956, March 15, 2023). Since that time, no changes have been made to
the Navy's planned training exercises. Therefore, a detailed
description is not provided here. Please refer to that Federal Register
notice for the description of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the Navy was
published in the Federal Register on March 15, 2023 (88 FR 15956). That
notice described, in detail, the Navy's activities, the marine mammal
species that may be affected by the activities, and the anticipated
effects on marine mammals. In that notice, we requested public input on
the request for authorization described therein, our analyses, the
proposed authorization, and any other aspect of the notice of proposed
IHA, and requested that interested persons submit relevant information,
suggestions, and comments. This proposed notice was
[[Page 28521]]
available for a 30-day public comment period.
NMFS received no public comments.
Changes From the Proposed IHA to Final IHA
Changes were made between the publication of the notice of the
proposed IHA and this notice of the final IHA. Two proposed mitigation
measures were removed from the final IHA that were included in the
notice of the proposed IHA: (1) NMFS will approve resumes of Navy
biologists who provide the training to lookouts, and (2) Lead lookouts
will be selected by Navy biologists among the best performing lookouts.
The Navy has indicated that due to the military structure of the Navy's
planned training exercises, it is not appropriate for NMFS to approve
resumes and for Navy civilians to assign active duty personnel as
lookouts. Lookouts will be assigned through the proper chain of
command. In addition, some typos were corrected and some minor
clarifying language was added to more accurately describe the Navy's
monitoring and reporting requirements.
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, referenced here, 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' U.S. Pacific SARs (e.g., Carretta et al., 2022). All values
presented in Table 2 are the most recent available at the time of
publication and are available in the 2021 SARs (Carretta et al., 2022)
(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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stock abundance Nbest,
ESA/MMPA status; (CV, Nmin, most recent Annual M/
Common name Scientific name MMPA stock strategic (Y/N) abundance survey) \2\ PBR SI \3\
\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
California sea lion............. Zalophus californianus. U.S.................... -,-, N 257,606 (N.A.; 14,011 >320
233,515; 2014).
Family Phocidae (earless seals):
Harbor seal..................... Phoca vitulina California............. -,-, N 30,968 (N.A.; 27,348; 1,641 43
richardii. 2012).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a> assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (N.A.).
\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 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, the two species (with two managed stocks) in
Table 2 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur.
A detailed description of the species likely to be affected by the
Navy's training exercises, including brief introductions to the species
and relevant stocks as well as available information regarding
population trends and threats, and information regarding local
occurrence, were provided in the Federal Register notice for the
proposed IHA (88 FR 15956, March 15, 2023); 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
that Federal Register notice for these descriptions. Please also refer
to the NMFS website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities
[[Page 28522]]
(e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and
Hastings, 2008). To reflect this, Southall et al. (2007, 2019)
recommended that marine mammals be divided into hearing groups based on
directly measured (behavioral or auditory evoked potential techniques)
or estimated hearing ranges (behavioral response data, anatomical
modeling, etc.). Note that no direct measurements of hearing ability
have been successfully completed for mysticetes (i.e., low-frequency
cetaceans). Subsequently, NMFS (2018) described generalized hearing
ranges for these marine mammal hearing groups. Generalized hearing
ranges were chosen based on the approximately 65 decibel (dB) threshold
from the normalized composite audiograms, with the exception for lower
limits for low-frequency cetaceans where the lower bound was deemed to
be biologically implausible and the lower bound from Southall et al.
(2007) retained. Marine mammal hearing groups and their associated
hearing ranges are provided in Table 3.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans 7 Hz to 35 kHz.
(baleen whales).
Mid-frequency (MF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales,
beaked whales, bottlenose
whales).
High-frequency (HF) cetaceans 275 Hz to 160 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) 50 Hz to 86 kHz.
(underwater) (true seals).
Otariid pinnipeds (OW) 60 Hz to 39 kHz.
(underwater) (sea lions and fur
seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al., 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects from underwater noise from the Navy's training
activities have the potential to result in Level B harassment only of
marine mammals in the vicinity of the project area. The Federal
Register notice for the proposed IHA (88 FR 15956, March 15, 2023)
included a discussion of the effects of anthropogenic noise on marine
mammals and the potential effects of underwater noise from the Navy's
training activities on marine mammals and their habitat, therefore that
information is not repeated here. Please refer to that Federal Register
notice (88 FR 15956, March 15, 2023) for that information. No instances
of serious injury or mortality are expected as a result of the planned
activities.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform the negligible impact
determinations.
Harassment is the only type of take expected to result from these
activities. For this military readiness activity, the MMPA defines
``harassment'' as (i) Any act that injures or has the significant
potential to injure a marine mammal or marine mammal stock in the wild
(Level A harassment); or (ii) Any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not limited
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to
a point where the behavioral patterns are abandoned or significantly
altered (Level B harassment).
Authorized takes will be by Level B harassment only, in the form of
disruption of behavioral patterns and/or temporary threshold shifts
(TTS) for individual marine mammals resulting from exposure to the pile
driving activities. Based on the nature of the activity and the
anticipated effectiveness of the mitigation measures (i.e., shutdown
measures) 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 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
will be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur permanent threshold shifts (PTS) of
some degree (equated to Level A harassment).
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
[[Page 28523]]
(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.
The Navy's training activities includes the use of continuous
(vibratory pile installation/removal) and impulsive (impact pile
installation) sources, and therefore the RMS SPL thresholds of 120 and
160 dB re 1 [mu]Pa are 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). The Navy's
training exercises includes the use of impulsive (impact pile driving)
and non-impulsive (vibratory pile driving/removal) sources.
These thresholds are provided in Table 4. 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>.
Table 4--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: L,0-pk,flat: 219 Cell 2: LE,, LF,24h: 199 dB.
dB; LE,, LF,24h: 1183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: L,0-pk,flat: 230 Cell 4: LE,,MF,24h: 198 dB.
dB; LE,, MF,24h: 1185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: L,0-pk,flat: 202 Cell 6: LE,,HF,24h: 173 dB.
dB; LE,,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: L,0-pk.flat: 218 Cell 8: LE,,PW,24h: 201 dB.
dB; LE,,PW,24h: 1185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: L,0-pk,flat: 232 Cell 10: LE,,OW,24h: 219 dB.
dB; LE,,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 (L,0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
exposure level (LE,) 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.
Sound Source Levels of Training Exercises--The intensity of pile
driving sounds is greatly influenced by factors such as the type of
piles, hammers, and the physical environment in which the activity
takes place. The Navy evaluated sound source level measurements
available for certain pile types and sizes from similar environments to
determine reasonable source levels likely to result from the pile
driving activities. The Navy determined that data from the California
Department of Transportation (CALTRANS) (2020) and Naval Facilities
Engineering Command Southwest (NAVFAC SW) (2020) provided the most
applicable acoustic source data to use as proxy source levels for this
action. The Navy proposed, and NFMS agrees, that source level data from
NAVFAC SW (2020) be used as proxy source levels for vibratory driving
of 24-inch (61 centimeter) sheet piles because this reference provided
noise data from the site of the training exercise (i.e., data were
recorded from Wharf 4 at NBVC). The Navy proposed, and NMFS agrees,
that source level data from CALTRANS (2020) be used for all other pile
sizes and installation methods as this reference provided data for the
same or similar pile sizes and installation techniques, despite source
levels having been recorded at different locations than the site of the
Navy's training exercises (Table 5). Details are described below. Note
that the source levels discussed here and provided in Table 5 represent
the SPL referenced at a distance of 10 m from the source unless
otherwise specified. Further, the Navy and NMFS assume that source
levels attributed to vibratory removal of piles are equivalent or less
than source levels attributed to the vibratory installation of pile.
Vibratory or impact data is not available for 16-inch timber piles.
Therefore, the Navy proposed, and NMFS agrees, that source levels for
impact driving of 14-inch timber piles at the Ballena Bay in Alameda,
California be used as a proxy values for impact driving 16-inch timber
piles (CALTRANS, 2020) (Table 5). For vibratory driving of 16-inch
timber piles, the Navy proposed, and NMFS concurs, to use source level
data from vibratory driving of unknown sized timber piles used at the
Norfolk Naval Station in Norfolk, Virginia (CALTRANS, 2020; Illingworth
& Rodkin, 2015) as proxy values for the training exercises (Table 5).
Source level data for the installation and removal of 14-inch steel
H-beam piles is limited. The Navy proposed, and NMFS agrees, that
source levels for 15-inch steel H-been piles installed at Ballena Isle
Marina in Alameda, California be used as proxy values for
[[Page 28524]]
14-inch steel H-beam piles during impact driving. This decision is
based upon the piles similar size, the use of a vertical hammer
placement (as opposed to battering at an angle), and the similarity in
water depths at the action sites (Table 5). The Navy also proposed, and
NMFS agrees, that source levels for 10-inch steel H-beam piles
installed during the San Rafeal Canal project in San Rafeal, California
(CALTRANS, 2020) be used as proxy values for vibratory driving of 14-
inch steel H beam piles during vibratory driving (Table 5).
Table 5--Summary of Unattenuated In-Water Pile Driving Source Levels
----------------------------------------------------------------------------------------------------------------
SELss (dB re 1
Peak SPL (dB RMS SPL (dB re [micro]Pa\2\
Pile driving method Pile description re 1 1 [micro]Pa) sec)
[micro]Pa)
----------------------------------------------------------------------------------------------------------------
Impact................................ Timber (16-in).......... 180 170 160
Steel H beam (14-in).... 195 180 170
Vibratory (installation and removal).. Timber (16-in).......... .............. 162 ..............
Steel sheet (24-in)..... .............. \1\ 159 ..............
Steel H beam (14-in).... .............. 147 ..............
----------------------------------------------------------------------------------------------------------------
\1\ The RMS SPL for vibratory installation of 24-inch steel sheets was recorded 11 m from the source.
Level B Harassment Zones--Transmission loss (TL) is the decrease in
acoustic intensity as an acoustic pressure wave propagates out from a
source. TL parameters vary with frequency, temperature, sea conditions,
current, source and receiver depth, water depth, water chemistry, and
bottom composition and topography. The general formula for underwater
TL is:
TL = B * log10 (R1/R2),
Where:
B = transmission loss coefficient (assumed to be 15)
R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement.
This formula neglects loss due to scattering and absorption, which
is assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. The recommended TL coefficient for most nearshore
environments is the practical spreading value of 15. This value results
in an expected propagation environment that will lie between spherical
and cylindrical spreading loss conditions, which is the most
appropriate assumption for the Navy's training exercises in the absence
of specific modelling.
All Level B harassment isopleths are reported in Table 7
considering RMS source levels for impact and vibratory pile driving,
respectively. It should be noted that based on the geography of the
NBVC and the surrounding land masses, port infrastructure, and the
shoreline, the Level B harassment isopleths will reach a maximum of 790
m (2,592 ft) for Wharf 4 South, 795 m (2,601 ft) for Wharf 4 East, and
655 m (2,149 ft) for Wharf D (See Figure 6-1, 6-2, and 6-3 in the
Navy's application). Although it is known that there can be leakage or
diffraction around such barriers, the assumption herein is that any
impervious barriers will contain all pile driving noise associated with
the Navy's planned training exercises.
Level A Harassment Zones--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 and impact pile driving, 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 optional
User Spreadsheet tool are reported in Table 6, and the resulting
estimated isopleths are reported in Table 7.
Table 6--NMFS User Spreadsheet Inputs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory pile driving Impact pile driving
--------------------------------------------------------------------------------------------------------------------
16-inch timber piles 14-inch steel H beam 24-inch steel sheet 16-inch timber piles 14-inch steel H beam
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used............... A.1) Non-Impul, Stat, A.1) Non-Impul, Stat, A.1) Non-Impul, Stat, E.1) Impact pile E.1) Impact pile
Cont. Cont. Cont. driving. driving.
Source Level (SPL)................. 162 dB RMS............ 147 dB RMS............ 159 dB RMS........... 160 dB SEL........... 170 dB SEL.
Transmission Loss Coefficient...... 15.................... 15.................... 15................... 15................... 15.
Weighting Factor Adjustment (kHz).. 2.5................... 2.5................... 2.5.................. 2.................... 2.
Time to install/remove single pile 30.................... 30.................... 20...................
(minutes).
Number of strikes per pile......... ...................... ...................... ..................... 1800................. 1800.
[[Page 28525]]
Piles to install/remove per day.... 2..................... 2..................... 3.................... 2.................... 2.
Distance of sound pressure level 10.................... 10.................... 11................... 10................... 10.
measurement (m).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Distances to Level A Harassment, by Hearing Group, and Level B Harassment Thresholds per Pile Type and Pile Driving Method
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level Aharassment Level A Level B
distance (m) harassment Level B harassment
Piles per ---------------------- areas (km\2\) harassment areas (km\2\)
Activity Pile description day for all distance (m) for all
PW OW hearing groups all hearing hearing groups
\1\ groups \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal........... 16-inch Timber Piles........ 3 4.8 0.3 <0.1 \2\ 6,310 <0.3
14-inch Steel H Beam........ 2 0.5 0 <0.1 631 <0.3
24-inch Steel Sheet......... 3 3.4 0.2 <0.1 \2\ 4,379 <0.3
Impact Installation/Removal.............. 16-inch Timber Piles........ 3 36.8 2.7 <0.1 47 <0.1
14-inch Steel H-Beam........ 2 170.6 12.4 <0.1 216 <0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Harassment areas have been truncated where appropriate to account for land masses.
\2\ The maximum harassment distances are approximately 790 m (2,592 ft) for Wharf 4 South, 795 m (2,601 ft) for Wharf 4 East, and 655 m (2,149 ft) for
Wharf D.
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. Here, we also describe how the
occurrence information provided is synthesized to produce a
quantitative estimate of the take that is reasonably likely to occur
and which is authorized.
California Sea Lion
No density or abundance numbers exist for California sea lions in
the action area. Therefore, to quantitatively assess exposure of marine
mammals to noise from pile driving conducted as part of the Navy's
training exercises, the Navy used estimates derived from recent
monitoring efforts to determine the number of animals potentially
exposed in the Level A and Level B harassment zones in any one day of
pile driving or extraction.
NBVC biologists have been conducting opportunistic surveys of
California sea lions hauled out at Wharf D somewhat regularly since
2010. California sea lions have been observed regularly hauling out on
structures (i.e., docks, barges, and boats) near Wharf D, sometimes in
large numbers. They often crowd onto these structures, making it
difficult for observers to determine the total number of sea lions
present. Some of the counts at Wharf D include pinnipeds present in the
water, which could also include harbor seals. California sea lions are
the predominant pinniped species at Port Hueneme Harbor, so the
assumption is that nearly all animals present will be California sea
lions. The number of California sea lions present in the action area at
Wharf D is variable by month and by year. The maximum number of
California sea lions counted at Wharf D during an individual survey day
was 342 (January 15, 2021). No other pinniped species have been
observed at Wharf D during these surveys. While these count data
provide a snapshot of pinniped presence in the action area, they do not
provide rate of turnover over time of different pinnipeds present in
the action area; nor do they provide long-term sea lion presence
patterns.
Since the fall of 2020, there have also been efforts to count
pinnipeds in the water near Wharf 4; however, these monitoring efforts
have been sporadic, taking place for an hour at a time from a boat
launch just south of Wharf 4. Monitoring efforts have observed anywhere
from 0 to 85 sea lions in an hour (see Figure 6-4 in the Navy's
application). Additionally, the same individuals may have been observed
multiple times within the survey period. Therefore, the number of
California sea lions assumed to be present in the action area at Wharf
4 is variable.
Based on these data, the Navy conservatively estimates that 342
California sea lions (i.e., the maximum number of California sea lions
observed in the action area on a single day) may be present in the
action area each day and be behaviorally harassed during the 96 days of
pile driving planned as part of the Navy's training exercises.
Therefore, the Navy requests, and NMFS authorizes, 36,960 instances of
take by Level B harassment for California Sea Lions. No take Level A
harassment is anticipated or authorized for California sea lions due to
the small Level A harassment zones (Table 7) and implementation of
shutdown zones, which will be larger than Level A harassment isopleths,
as described below in the Mitigation section.
Harbor Seals
No density or abundance numbers exist for harbor seals in the
action area. Harbor seals have only been observed by NBVC biologists
near Wharf 4; no harbor seals have been detected at Wharf D. The
maximum number of harbor seals seen over the course of an hour of
observation was five seals. This was 5.88 percent of the maximum number
of California sea lions observed at Wharf D (N = 85). Therefore, to
account for the potential for harbor seals in the action area, the Navy
assumes that 5.88 percent of the maximum number of California sea lions
observed animals at Wharf D (5.88 percent of 342, or 20.1 [rounded up
to 21] animals per day) are harbor seals.
Based on these data, the Navy conservatively estimates that 21
harbor seals may be present in the action area each day and be
behaviorally harassed during the 96 days of pile driving schedule as
part of the Navy's training
[[Page 28526]]
exercises. Therefore, the Navy requests, and NMFS authorizes, 2,016
instances of take by Level B harassment for harbor seals. No take by
Level A harassment is anticipated or authorized for harbor seals. While
the Level A harassment zone for impact pile driving 14-inch (36-
centimeter) steel H-beams is 170.6 m, harbor seals are considered rare
in the action area (Department of the Navy, 2019) minimizing the
likelihood of Level A harassment take. In addition, measures described
below in the Mitigation section, including shutdown measures and the
implementation of lookouts at stations where the entire Level B
harassment zones are observable, will minimize the likelihood that
harbor seals will be in this larger zone during impact driving of steel
H-beams and that they will incur PTS before pile driving activities
could be shut down. Therefore, NMFS agrees with the Navy and is not
authorizing any takes by Level A harassment takes for harbor seals
during the Navy's training exercises.
In summary, the total amount of Level A harassment and Level B
harassment authorized for each marine mammal stock is presented in
Table 8.
Table 8--Amount of Take as a Percentage of Stock Abundance, by Stock and Harassment Type
----------------------------------------------------------------------------------------------------------------
Authorized take
Species Stock ------------------------------------------------ Percent of
Level A Level B Total stock
----------------------------------------------------------------------------------------------------------------
California Sea Lion........... U.S............. 0 36,960 36,960 14.3
Harbor Seal................... California...... 0 2,016 2,016 6.51
----------------------------------------------------------------------------------------------------------------
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, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
The Navy must employ the following standard mitigation measures, as
included in the IHA:
<bullet> Conduct briefings between supervisors and trainees, the
marine mammal monitoring team, and Navy staff prior to the start of all
in-water pile driving activity, and when new personnel join the work,
to ensure that responsibilities, communication procedures, marine
mammal monitoring protocols, and operational procedures are clearly
understood.
<bullet> During all in-water work other than pile driving (e.g.,
pile placement, boat use), in order to prevent injury from physical
interaction with construction equipment, a shutdown zone of 10 m (33
ft) will be implemented. If a marine mammal comes within 10 m (33 ft),
operations shall cease and vessels shall reduce speed to the minimum
level required to maintain steerage and safe working conditions. If
human safety is at risk, the in-water activity will be allowed to
continue until it is safe to stop.
<bullet> The Navy must establish shutdown zones for all for in-
water pile driving activities. The purpose of a shutdown zone is
generally to define an area within which shutdown of activity will
occur upon sighting of a marine mammal (or in anticipation of an animal
entering the defined area). Shutdown zones will vary based on the type
of pile installation/removal activity (See Table 9). Here, shutdown
zones are larger than the calculated Level A harassment isopleths shown
in Table 7. The placement of lookouts during all pile driving
activities (described in detail in the Monitoring and Reporting
section) will ensure that the entirety of all shutdown zones and Level
A harassment zones are visible during pile installation and removal.
Table 9--Shutdown Zones During In-Water Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Distance (m)
Activity Pile description -------------------------------
PW OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal................ 16-inch Timber Piles............ 15 15
14-inch Steel H Beam............ 15 15
24-inch Steel Sheet............. 15 15
Impact Installation........................... 16-inch Timber Piles............ 40 40
14-inch Steel H Beam............ 175 175
----------------------------------------------------------------------------------------------------------------
[[Page 28527]]
<bullet> The Navy must delay or shutdown all in-water pile driving
activities should an animal approach or enter the appropriate shutdown
zone. The Navy may resume in-water pile driving activities after one of
the following conditions has been met: (1) the animal is observed
exiting the shutdown zone; (2) the animal is thought to have exited the
shutdown zone based on a determination of its course, speed, and
movement relative to the pile driving location; or (3) the shutdown
zone has been clear from any additional sightings for 15 minutes.
<bullet> The Navy shall employ lookouts trained in marine mammal
identification and behaviors to monitor marine mammal presence in the
action area. Requirements for numbers and locations of observers will
be based on hammer type, pile material, and Seabees training location
as described in Section 5 of the IHA. Lookouts must track marine
mammals observed anywhere within their visual range relative to in-
water training activities, and estimate the amount of time a marine
mammal spends within the Level A or Level B harassment zones while pile
driving activities are underway. The Navy must monitor the project
area, including the Level B harassment zones, to the maximum extent
possible based on the required number of lookouts, required monitoring
locations, and environmental conditions. For all pile driving and
removal activities, at least one lookout must be used.
<bullet> The placement of the lookouts during all pile driving and
removal activities must ensure that the entire applicable shutdown
zones are visible during all in-water pile installation and removal.
One observer must be placed in a position to implement shutdown/delay
procedures, when applicable, by notifying the hammer operator of a need
for a shutdown of pile driving or removal.
<bullet> Prior to the start of pile driving or removal, the
shutdown zone(s) must be monitored for a minimum of 30 minutes to
ensure that they are clear of marine mammals (i.e., pre-clearance
monitoring). Pile driving will only commence once observers have
declared the shutdown zone(s) are clear of marine mammals. Monitoring
must also take place for 30 minutes post-completion of pile driving.
<bullet> If in-water work ceases for more than 30 minutes, the Navy
must conduct pre-clearance monitoring of both the Level B harassment
zone and shutdown zone.
<bullet> Pre-start clearance monitoring must be conducted during
periods of visibility sufficient for the lead lookout to determine that
the shutdown zones indicated in Table 9 are clear of marine mammals.
Pile driving may commence following 30 minutes of observation when the
determination is made that the shutdown zones are clear of marine
mammals.
<bullet> The Navy must use soft start techniques when impact pile
driving. Soft start requires contractors to provide an initial set of
three strikes at reduced energy, followed by a 30 second waiting
period, then two subsequent reduced energy strike sets. A soft start
must 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. Soft starts will not be used for vibratory pile
installation and removal. Lookouts shall begin observing for marine
mammals 30 minutes before ``soft start'' or in-water pile installation
or removal begins.
<bullet> For any marine mammal species for which take by Level B
harassment has not been requested or authorized, in-water pile
installation/removal will shut down immediately when the animals are
sighted.
<bullet> If take by Level B harassment reaches the authorized limit
for an authorized species, pile installation will be stopped as these
species approach the Level B harassment zone to avoid additional take
of them.
Based on our evaluation of the applicant's described 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 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.
Visual Monitoring
Monitoring must be conducted by qualified lookouts with support
from Navy biologists, in accordance with the following:
<bullet> Navy biologists will train and certify lookouts in
accordance with the mitigation, monitoring and reporting requirements
of the issued IHA;
<bullet> All lookouts will maintain contact via either handheld
communication devices or flags to signal sightings and shutdowns;
<bullet> Lookouts shall be placed at vantage points to monitor for
marine mammals and implement shutdown/delay procedures when applicable
by calling for the shutdown to the hammer operator;
<bullet> The Lead lookout will be located within auditory range of
the pile driving team and will have primary responsibility for calling
activity shutdowns;
<bullet> Lookouts shall use a hand-held global positioning device
(GPS) device, rangefinder, visual reference points, or marker buoy to
verify the required monitoring distance from the project site;
[[Page 28528]]
<bullet> Monitoring shall occur in all-weather until training has
concluded for the day;
<bullet> Lookouts must scan the waters within the Level A
harassment and Level B harassment zones using binoculars (10x42 or
similar) and or the naked eye and make visual observations of marine
mammals present; and
<bullet> Lookouts must record all observations of marine mammals as
described in the Section 5 of the IHA, regardless of distance from the
pile being driven. Lookouts shall document any behavioral reactions in
concert with distance from piles being driven or removed.
Lookouts must have the following additional qualifications:
<bullet> Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
<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.
Reporting
The Navy must submit a draft marine mammal monitoring report to
NMFS within 90 days after the completion of pile driving training
activities, or 60 days prior to a requested date of issuance of any
future IHAs for projects at the same location, whichever comes first.
NMFS will provide comments within 30 days after receiving the draft
report, and the Navy will address the comments and submit revisions
within 30 days of receipt. If no comments are received from NMFS within
30 days, the draft report will be considered as final.
The draft and final marine mammal monitoring reports must be
submitted to <a href="/cdn-cgi/l/email-protection#4212106c0b16126c0f2d2c2b362d302b2c251027322d303631022c2d23236c252d34"><span class="__cf_email__" data-cfemail="de8e8cf0978a8ef093b1b0b7aab1acb7b0b98cbbaeb1acaaad9eb0b1bfbff0b9b1a8">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#7b322f2b550f0208141555161414091e3b15141a1a551c140d"><span class="__cf_email__" data-cfemail="034a57532d777a706c6d2d6e6c6c7166436d6c62622d646c75">[email protected]</span></a>. The reports shall include an overall
description of work completed, a narrative regarding marine mammal
sightings, and associated data sheets. Specifically, the reports must
include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
<bullet> Training activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., impact or vibratory) and the total
equipment duration for vibratory installation and removal for each pile
or estimated total number of strikes for each pile for impact driving;
<bullet> Lookout locations during marine mammal monitoring;
<bullet> Environmental conditions during monitoring periods (at
beginning and end of lookout 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;
<bullet> Description of any deviation from initial proposal in pile
numbers, pile types, average driving times, etc.;
<bullet> Brief description of any impediments to obtaining reliable
observations during training periods; and
<bullet> Description of any impediments to complying with the
aforementioned mitigation measures.
Lookouts must record all incidents of marine mammal occurrence in
the area in which take is anticipated regardless of distance from
activity, and shall document any behavioral reactions in concert with
distance from piles being driven or removed. Specifically, lookouts
must record the following:
<bullet> Name of lookout who sighted the animal(s) and lookout
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), lookout confidence
in identification, and the composition of the group if there is a mix
of species;
<bullet> Distance and bearing of each marine mammal observed
relative to the pile being driven for each sighting (if pile driving
was occurring at time of sighting);
<bullet> Estimated number of animals (min/max/best estimate);
<bullet> Estimated number of animals by cohort (adults, juveniles,
neonates, group composition, sex class, etc.);
<bullet> Animal's closest point of approach and estimated time
spent within the harassment zone;
<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);
<bullet> Number of marine mammals detected within the harassment
zones and shutdown zones, by species; and
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting changes in behavior of the
animal(s), if any.
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the activities discover an
injured or dead marine mammal, the IHA-holder must immediately cease
the specified activities and report the incident to the Office of
Protected Resources (OPR) (<a href="/cdn-cgi/l/email-protection#5c0c0e7215080c721133323528332e35323b0e392c332e282f1c32333d3d723b332a"><span class="__cf_email__" data-cfemail="4c1c1e6205181c620123222538233e25222b1e293c233e383f0c22232d2d622b233a">[email protected]</span></a>;
<a href="/cdn-cgi/l/email-protection#c8a1bcb8e6bcb1bba7a6a5a7a7baad88a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="2f465b5f015b565c40414240405d4a6f41404e4e01484059">[email protected]</span></a>) and to the West Coast Regional Stranding
Coordinator (1-866-767-6114) as soon as feasible. The incident report
must 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.
If the death or injury was clearly caused by the specified
activity, the Navy must immediately cease the specified activities
until NMFS is able to review the circumstances of the incident and
determine what, if any, additional measures are appropriate to ensure
compliance with the terms of the IHA. The Navy must not resume their
activities until notified by NMFS that they can 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-
[[Page 28529]]
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 both
California sea lions and harbor seals, 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 will lead to a different analysis for this
activity.
NMFS has identified key factors which may be employed to assess the
level of analysis necessary to conclude whether potential impacts
associated with a specified activity should be considered negligible.
These include (but are not limited to) the type and magnitude of
taking, the amount and importance of the available habitat for the
species or stock that is affected, the duration of the anticipated
effect to the species or stock, and the status of the species or stock.
NMFS does not anticipate that serious injury or mortality will
occur as a result of the Navy's planned activity given the nature of
the activity, even in the absence of required mitigation. Pile driving
activities associated with the Navy's pile driving training exercises,
as outlined previously, have the potential to disturb or displace
marine mammals. Specifically, the specified activities may result in
take, in the form of Level B harassment, incidental to underwater
sounds generated from pile driving. Potential takes could occur if
individuals are present in zones ensonified above the thresholds for
Level B harassment, identified above, while activities are underway.
Level A harassment is not anticipated or authorized, as described in
the Estimated Take section, given the construction method and the
implementation of the planned mitigation measures, including soft start
measures during impact pile driving and shutdown zones.
Vibratory and impact hammers will be the primary methods of
installation. Vibratory pile driving produces lower SPLs than impact
pile driving and will be the predominant construction method used
during training (Table 1). The rise time of the sound produced by
vibratory pile driving is slower, reducing the probability and severity
of injury. Impact pile driving produces short, sharp pulses with higher
peak levels and much sharper rise time to reach those peaks. When
impact pile driving is used, implementation of soft start and shutdown
zones will significantly reduce any possibility of injury. Given
sufficient ``notice'' through use of soft starts (for impact driving),
marine mammals are expected to move away from a sound source prior to
it becoming potentially injurious. The Navy will use at least one
lookout stationed strategically to increase detectability of marine
mammals, enabling a high rate of success in implementation of shutdowns
to avoid injury.
Exposures to elevated sound levels produced during pile driving and
removal in NBVC may cause behavioral disturbance of some individuals,
however behavioral responses of marine mammals are expected to be mild,
short term, and temporary. The Navy's activities and associated impacts
will occur within a limited, confined area of the stocks' range. The
project area is concentrated within two wharfs and the Level B
harassment zones will be truncated by land. Given that pile driving and
removal will occur for only short durations (i.e., four training
sessions lasting up to 24 days each) on nonconsecutive days, any
harassment occurring will be temporary. Pinnipeds swim, dive, mill, and
haul out in and around Port Hueneme, but there is no data regarding the
rate of turnover over time of different pinnipeds present in the action
are. Further, there is no information regarding long-term pinniped
presence patterns. Due to the nature of the training exercise, we can
presume that some individual harbor seals and California sea lions will
be repeatedly taken. Repeated, sequential exposure to pile driving
noise over a long duration could result in more severe impacts to
individuals that could affect a population; however, the number of non-
consecutive pile driving days for this project means that these types
of impacts are not anticipated.
Effects on individuals that are taken by Level B harassment, as
enumerated in the Estimated Take section, on the basis of reports in
the literature as well as monitoring from other similar activities,
will likely be limited to reactions such as increased swimming speeds,
increased surfacing time, or decreased foraging (if such activity were
occurring) (e.g., Thorson and Reyff, 2006). Marine mammals within the
Level B harassment zones may not show any visual cues they are
disturbed by activities or they could become alert, avoid the area,
leave the area, or display other mild responses that are not
observable, such as changes in vocalization patterns. Most likely,
individuals will simply move away from the sound source and be
temporarily displaced from the areas of pile driving, although even
this reaction has been observed primarily only in association with
impact pile driving. The pile driving activities analyzed here are
similar to, or less impactful than, numerous other construction
activities conducted in Southern California, which have taken place
with no known long-term adverse consequences from behavioral harassment
(e.g., 86 FR 73247, December 27, 2021; 87 FR 65578, October 31, 2022).
Level B harassment will be reduced to the level of least practicable
adverse impact through use of mitigation measures described herein and,
if sound produced by project activities is sufficiently disturbing,
animals are likely to simply avoid the area while the activity is
occurring. While both California sea lions and harbor seals have been
observed in the NVBC, they are frequently observed along the nearshore
waters of Southern California and have been observed hauling out
outside the mouth of Port Hueneme Harbor (Department of the Navy, 2019)
suggesting they have available habitat outside of the NBVC to use while
the activity is occurring. While vibratory pile driving associated with
the project may produce sounds above ambient noise, the project site
itself is located in an industrialized port, the entire ensonified area
is within in the NBVC, and sounds produced by the activities are
anticipated to quickly become indistinguishable from other background
noise in the port as they attenuate to near ambient SPLs moving away
from the project site. Therefore, we expect that animals disturbed by
[[Page 28530]]
project sound will simply avoid the area and use more-preferred
habitats.
Additionally, and as noted previously, some subset of the
individuals that are behaviorally harassed could also simultaneously
incur some small degree of TTS for a short duration of time. Because of
the small degree anticipated, though, any TTS potentially incurred here
will not be expected to adversely impact individual fitness, let alone
annual rates of recruitment or survival.
More generally, there are no known calving or rookery grounds
within the project area. Because the Navy's activities could occur
during any season, takes may occur during important feeding times.
However, the project area represents a small portion of available
foraging habitat and impacts on marine mammal feeding for all species
should be minimal.
The project also is not expected to have significant adverse
effects on affected marine mammal habitat. The project activities will
not modify existing marine mammal habitat for a significant amount of
time. Impacts to the immediate substrate are anticipated, but these
will be limited to minor, temporary suspension of sediments, which
could impact water quality and visibility for a short amount of time
but which will not be expected to have any effects on individual marine
mammals. Any impacts on marine mammal prey that will occur during the
Navy's planned activity will have, at most, short-term effects on
foraging of individual marine mammals, and likely no effect on the
populations of marine mammals as a whole. The activities may cause some
fish to temporarily leave the area of disturbance, thus temporarily
impacting marine mammal foraging opportunities in a limited portion of
the foraging range. However, because of the short duration of the
activities and the small area of the habitat that may be affected, the
impacts to marine mammal habitat are not expected to cause significant
or long-term negative consequences. Indirect effects on marine mammal
prey during the construction are expected to be minor, and these
effects are unlikely to cause substantial effects on marine mammals at
the individual level, with no expected effect on annual rates of
recruitment or survival. Overall, the area impacted by the project is
very small compared to the available surrounding habitat, and does not
include habitat of particular importance.
It is unlikely that minor noise effects in a small, localized area
of habitat will have any effect on the stocks' annual rates of
recruitment or survival. In combination, we believe that these factors,
as well as the available body of evidence from other similar
activities, demonstrate that the potential effects of the specified
activities will have only minor, short-term effects on individuals. The
specified activities are not expected to impact rates of recruitment or
survival and will, therefore, not result in population-level impacts.
In summary and as described above, the following factors primarily
support negligible impact determinations for the affected stocks of
California sea lions and harbor seals 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> Take by Level A harassment of California sea lions and
harbor seals is not anticipated or authorized;
<bullet> The Navy will implement mitigation measures including soft
starts for impact pile driving and shutdown zones to minimize the
numbers of marine mammals exposed to injurious levels of sound, and to
ensure that take by Level A harassment does not occur;
<bullet> The anticipated incidents of Level B harassment consist
of, at worst, temporary modifications in behavior or TTS that will not
result in fitness impacts to individuals;
<bullet> The specified activity and ensonification area is very
small relative to the overall habitat ranges of all species and does
not include habitat areas of special significance (Biologically
Important Areas or ESA-designated critical habitat);
<bullet> The intensity of anticipated takes by Level B harassment
is relatively low for all stocks and will not be of a duration or
intensity expected to result in impacts on reproduction or survival;
and
<bullet> The presumed efficacy of the mitigation measures in
reducing the effects of the specified activity to the level of least
practicable adverse impact.
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 Navy's
activity will have a negligible impact on all affected marine mammal
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.
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.
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 the 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 (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 will preclude this categorical exclusion.
Accordingly, NMFS has determined that the issuance of the IHA qualifies
to be categorically excluded from further NEPA review.
Authorization
NMFS has issued an IHA to the Navy for the potential harassment of
two marine mammal species incidental to pile driving training exercises
at NBVC, which includes the previously explained mitigation,
monitoring, and reporting.
[[Page 28531]]
Dated: April 28, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-09397 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-22-P
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