Notice2023-17682
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Pier 58 Reconstruction Project in Seattle, Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2023
Effective
August 10, 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 a renewal incidental harassment authorization (IHA) to the City of Seattle, Washington (City) to incidentally harass marine mammals incidental to the Pier 58 Reconstruction Project.
Full Text
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<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56004-56009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17682]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD237]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Pier 58 Reconstruction Project
in Seattle, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to the City of Seattle, Washington (City) to incidentally harass
marine mammals incidental to the Pier 58 Reconstruction Project.
DATES: This renewal IHA is effective from August 10, 2023 through July
31, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
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
[[Page 56005]]
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
1-time 1-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); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized; and
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On May 20, 2022, NMFS issued an IHA to the City to take marine
mammals incidental to the Pier 58 Reconstruction Project in Seattle,
Washington (87 FR 31985), effective from August 1, 2022 through July
31, 2023. NMFS received an application for the renewal of that initial
IHA on April 3, 2023. As described in the application for renewal IHA,
the activities for which the renewal IHA was issued are a subset of
those covered in the initial authorization in addition to a small
amount of nearly identical work that was not covered under the initial
IHA. As required, the City also provided a preliminary monitoring
report (available at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-city-seattle-pier-58-reconstruction-project-seattle-wa">https://www.fisheries.noaa.gov/action/incidental-take-authorization-city-seattle-pier-58-reconstruction-project-seattle-wa</a>) which confirmed that it had implemented the required mitigation and
monitoring, and which also showed that no impacts of a scale or nature
not previously analyzed or authorized occurred as a result of the
activities conducted.
Description of the Specified Activities and Anticipated Impacts
The City is in the process of reconstructing Waterfront Park, which
will be renamed Pier 58, along the Elliott Bay shoreline in Seattle,
Washington. The City is repairing structural and safety deficiencies
and optimizing public access and recreational uses of the piers. The
Pier 58 reconstruction project includes vibratory removal of existing
in-water piles and vibratory and impact installation of new piles. The
reconstructed pier requires installation of 120 permanent 30-inch steel
piles by vibratory hammer and impact proofing. Under the initial IHA,
76 steel piles were successfully installed. The remaining 44 piles,
which represent a subset of the originally planned 120 piles, would be
installed under the renewal IHA. In addition, installation of 100 24-
inch temporary steel template piles by vibratory hammer and impact
proofing was analyzed for the initial IHA. The 24-inch piles were to be
subsequently removed by vibratory extraction. However, none of the 100
24-inch temporary piles were installed during Season 1 and these piles
may not be required at all under the renewal IHA. At most, a subset of
33 24-inch temporary piles would be utilized. A total of 31 existing
steel H-piles and timber piles were removed under the initial IHA by
pulling the piles using vibratory extraction or the clamshell bucket
method. The nearly identical activity included under the renewal IHA is
the removal of eight 12-inch creosote timber piles (1 day) by vibratory
hammer and the vibratory installation of eight 16-inch steel piles (2
days) at the nearby Don Armeni Boat Ramp. All in-water work with the
potential to affect marine mammals will occur during the work window
allowed by NOAA, U.S. Fish and Wildlife Service, U.S. Army Corps of
Engineers, and Washington State Department of Fish and Wildlife. For
this renewal request, this window is anticipated to be September 1,
2023, through February 15, 2024. Pile removal and installation will
occur during daylight hours, typically during a work shift of 8 hours
or fewer. The work would include periods of vibratory removal of timber
piles, vibratory installation of steel piles, and impact installation
of steel piles.
Under the initial IHA, take by Level B harassment was authorized
for 11 species/stocks and limited take by Level A harassment was
authorized for 3 of these species (harbor porpoise (Phocoena phocoena),
Dall's porpoise (Phocoenoides dalli), and harbor seal (Phoca
vitulina)). No species were observed in the estimated Level A
harassment zones during Season 1 pile driving. Observations in the
Level B harassment zones during pile activity include 130 harbor seals
out of 660 take incidents authorized; 92 California sea lions (Zalophus
californianus) out of 700 incidents of take that were authorized; and
one Steller sea lion (Eumetopias jubatus) out of 140
[[Page 56006]]
incidents of take that were authorized. No other species were observed
in the Level B harassment zones during pile driving activity. The total
number of potential takes by Level B harassment for Season 1 were only
a small fraction of what were authorized in the IHA: potential harbor
seal takes were only 20 percent of the authorized takes, potential
California sea lion takes were only 13 percent of the authorized takes,
and potential Steller sea lion takes were only 0.7 percent of the
authorized takes.
Under the original authorization IHA, Season 1 in-water pile
activity occurred at Pier 58 across 45 workdays between October 3,
2022, and February 15, 2023. Most workdays consisted of both vibratory
and impact hammer installation of 30-inch steel piles; vibratory pile
activity occurred on 36 workdays, and impact pile activity occurred on
36 workdays. Of the total 81 piles installed, 5 test piles and 76
production piles were installed via vibratory and impact hammer.
It is anticipated that approximately 8 additional days will be
required for installation of the remaining 44 30-inch steel piles at
Pier 58, and approximately 10 days will be required for impact proofing
of the 30-inch steel piles. It is anticipated that only 1 day will be
required to remove the eight timber piles at Don Armeni Boat Ramp, and
2 days will be required for the installation of eight 16-inch steel
piles. This work could occur over a period of 3 months.
Detailed Description of the Activity
A detailed description of the construction activities, including
the installation of 30-inch permanent steel piles and 24-inch temporary
template steel piles, may be found in the notices of the proposed and
final IHAs for the initial authorization (87 FR 12089, March 3, 2022;
87 FR 31985, May 26, 2022). As previously mentioned, these specific
activities represent a subset of the activities authorized in the
initial IHA that would not be completed prior to its expiration. The
location, timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notice for the initial IHA.
Minor changes to the initial scope include the removal of eight 12-
inch creosote timber piles by vibratory hammer and the vibratory
installation of eight 16-inch steel piles at the boat ramp. Vibratory
removal of the 12-inch creosote timber piles, requiring an estimated 2
days, is nearly identical to the vibratory removal of H-piles and
timber piles, which required 3 days, under the initial IHA. The
installation of eight 16-inch steel piles under the renewal IHA is
nearly identical to the installation of 30-inch steel piles under the
initial IHA with the only difference being the size of piles (30-inch
vs. 16-inch) and the duration (36 days vs. 2 days). The renewal IHA
would be effective for a period not exceeding 1 year from the date of
expiration of the initial IHA, through July 31, 2024.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
including information on abundance, status, distribution, and hearing,
may be found in the Notice of the Proposed IHA for the initial
authorization (87 FR 12089, March 3, 2022). NMFS has reviewed the
monitoring data from the initial IHA, recent draft Stock Assessment
Reports, information on relevant Unusual Mortality Events, and other
scientific literature, and determined that neither this nor any other
new information affects which species or stocks have the potential to
be affected or the pertinent information in the Description of the
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA (87 FR 12089, March 3, 2022).
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 planned activities may be
found in the proposed and final IHAs (87 FR 12089, March 3, 2022; 87 FR
31985, May 26, 2022) for the initial authorization. NMFS has reviewed
the monitoring data from the initial IHA, recent draft Stock Assessment
Reports, information on relevant Unusual Mortality Events, and other
scientific literature, and determined that neither this nor any other
new information affects 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 Notice of the proposed
and/or final IHAs for the initial authorization (87 FR 12089, March 3,
2022; 87 FR 31985, May 26, 2022). Note that the sound source levels
(SLs) for the vibratory and impact installation of 30-inch steel piles
have been updated based on acoustic measurements from Season 1. The
Waterfront Park Reconstruction Project Acoustic Monitoring Report by
the Greenbusch Group (2023a) may be found as an attachment to the
City's IHA renewal application. Data revealed that the SL for vibratory
installation of steel 30-inch piles was 170 decibels (dB) root mean
square (RMS), and the SL for impact installation of 30-inch steel piles
was 187 dB RMS with a peak of 201.5 dB. Note that the unweighted value
for impact driving of 30-inch steel piles (187 dB) was not listed in
the Acoustic Monitoring Report but was provided directly by Greenbusch
from the Season 1 monitoring data. These SLs were greater than those
utilized for the initial IHA (163 dB RMS for vibratory installation;
180 dB RMS and 193 dB Peak for impact installation). Additionally, the
total strikes per day during impact installation of 30-inch steel piles
was increased from 1,200 strikes per day in Season 1 (3 piles at 400
strikes per pile) to 4,500 strikes per day (5 piles at 900 strikes per
pile) under the IHA renewal. The increase in strikes per pile (from 400
to 900 strikes) is based on data from the Waterfront Park
Reconstruction Project Acoustic Monitoring Report (Greenbusch 2023a).
The source level used for the vibratory installation of 16-inch
steel piles (158 dB RMS) at Don Armeni Boat Ramp was found in Caltrans
(2020) while the source level used for the vibratory removal of 12-inch
timber piles (145 dB RMS) at the Don Armeni Boat Ramp was taken from
the Pier 63 Removal Project Acoustic Monitoring Report (Greenbusch
2023b).
Table 1 below shows the distances to the Level A and Level B
harassment zones during Season 1 under the initial IHA while Table 2
shows the distances during Season 2 under the IHA renewal.
Table 1--Pier 58 Level A Harassment and Level B Harassment Zones Under Season 1 and Initial IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment zone (m)
----------------------------------------------------------------- Level B Number of
Pile size, type, and method LF MF HF harassment days
cetacean cetacean cetacean Phocids Otariids zone (m)
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Timber and steel H-pile removal.............................. 6.1 0.5 9.0 3.7 0.3 1,359 9
[[Page 56007]]
30-inch steel vibratory install, 24-inch steel vibratory 19.3 1.7 28.6 11.7 0.8 7,357 36
install and removal *.......................................
30-in steel impact install................................... 153.3 5.5 182.6 82.0 6.0 215
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* No installation or removal of 24-in steel piles was conducted
Table 2--Pier 58 Level A Harassment and Level B Harassment Zones From Season 2 Under the IHA Renewal
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Level A harassment zone (m)
----------------------------------------------------------------- Level B Number of
Pile size, type, and method LF MF HF harassment days
cetacean cetacean cetacean Phocids Otariids zone (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Timber vibratory removal..................................... 1.1 0.1 1.6 0.7 0.0 453 1
30-inch steel vibratory install, 24-inch steel vibratory 57.0 5.1 84.3 34.6 2.4 21,710 8
install and removal *.......................................
30-inch steel impact installation............................ 550.7 19.6 655.9 294.7 21.5 616 10
16-inch steel vibratory installation......................... 9.0 0.8 13.3 5.4 0.4 3,415 2
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* Use of 24-inch temporary piles may not be necessary under the renewal IHA. At most, a subset of 33 24-inch piles would be utilized. Note that if the
24-inch steel pile installation and removal activities occur, it would be on the same days as vibratory and impact driving of the 30-inch piles, so
there are no added extra days for this activity.
The Level A and Level B harassment zone sizes for 30-inch steel
pile impact and vibratory installation were calculated to be larger for
the Season 2 renewal IHA than those used in Season 1 under the initial
IHA. This is due to the results from Season 1 acoustic measurements
that demonstrated higher SLs for vibratory and impact driving. In
addition, increased zone sizes result from an increase in the number of
strikes per pile, number of piles per day and total number of strikes
per day for impact driving. Additionally, while the behavioral
harassment zone for 30-inch vibratory installation has been calculated
to extend to just under 22 kilometers (km), the actual maximum
ensonified distance is approximately 14 km since the sound field is
constrained by the shoreline of Elliott Bay as well as by Bainbridge
Island located west of Elliott Bay.
The stocks taken (11 total), methods of take (impact and vibratory
installation; vibratory removal), and types of take (11 by Level B
harassment; 3 by Level A harassment) remain unchanged from the
previously issued IHA covering Season 1. The City utilized the same
approach for estimating take for Season 2 and the renewal IHA as was
used in support of the initial IHA. The results of the preliminary
monitoring report were also considered. The 30-inch pile driving work
for Pier 58 is anticipated to occur over 18 days within an estimated 2
month time period. The pile removal and driving work for Don Armeni is
anticipated to occur over 3 days within 1 month of work.
Detailed explanations describing how the take numbers were derived
from observational data may be found in the notice of final IHA (87 FR
31985, May 26, 2022). Note that even though the Level A and Level B
harassment zone sizes are larger in the renewal IHA compared to the
initial IHA, as a result of NMFS' consideration of new site-specific
data, we have concluded that the authorized take numbers remain
appropriate and sufficient. As part of the Season 1 monitoring
requirements, the City was required to station a protected species
observer (PSO) on the Seattle-Bainbridge Ferry whenever vibratory
installation was underway. The Ferry runs non-stop throughout the day
and the PSO recorded all animal observations, even those outside of the
specified harassment zones. The number of observations beyond the Level
B harassment zone during Season 1 (7,357 meters (m)) was comparatively
small. Only four species were observed beyond the behavioral harassment
zone.
A brief summary of take assumptions for each species is provided
here. For gray whales, minke whales, and northern elephant seals, the
City, with NMFS' concurrence, assumed a single animal would be taken
per month by Level B harassment. For long-beaked common dolphin and
common bottlenose dolphin, the City assumed, and NMFS concurred, there
would be seven takes per month by Level B harassment. For transient
killer whales it was assumed that six animals could be taken per month.
The Level A harassment zone is larger than the Level B harassment zone
for high-frequency cetaceans. For the harbor porpoise, it was assumed
that six animals could be taken per day by Level B harassment. That is,
they may enter into the larger Level A harassment zone, but are
unlikely to remain long enough to accumulate energy at levels that
would result in injury. Although the City must implement a shutdown
zone of 660 m during this activity, due to the cryptic nature and lower
detectability of harbor porpoises at large distances, the City
anticipates that up to 6 of the harbor porpoises (2 per month) that
enter the Level A harassment zone could enter undetected and remain
long enough to experience auditory injury. It was assumed that up to 12
Dall's porpoises could experience Level B harassment per month. As a
high frequency cetacean, the Level A harassment zone is larger than the
Level B harassment zone. As with harbor porpoises, the Dall's porpoise
could enter into the Level A harassment zone, but are unlikely to
remain long enough to sustain auditory injury. Therefore, the animal
would be exposed to Level B harassment. The City must implement a
shutdown zone of 660 m during this activity, but anticipates that due
to the cryptic nature and lower detectability of harbor porpoises at
large distances, up
[[Page 56008]]
to 6 of the Dall's porpoises (2 per month) that enter the Level A
harassment zone could remain long enough to experience auditory injury.
It was assumed that up to 10 California sea lions and 2 Steller sea
lions could be taken by Level B harassment each in-water work day. NMFS
concurred with the City's request for take by Level B harassment of a
single northern elephant seal per month. Finally, it was assumed that
10 harbor seals could enter the Level B harassment zone per day and 1
seal may approach closer and enter the 82 m Level A harassment zone
before the animal is detected and activities shut down.
Table 3--Authorized Take of Marine Mammals by Level A and Level B Harassment From Pier 58 Renewal IHA by Species
and Stock and Percent of Take by Stock
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Take by Take by
Species Stock Level A Level B Stock Percent of
harassment harassment abundance stock
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Pacific harbor seal................. Washington Northern 21 189 11,036 1.90
Inland Waters stock.
Northern elephant seal.............. California breeding... 0 3 187,386 <0.01
California sea lion................. U.S................... 0 210 257,606 0.08
Steller sea lion.................... Eastern U.S........... 0 42 43,201 0.10
Harbor porpoise..................... Washington Inland 6 120 11,233 1.12
Waters.
Dall's porpoise..................... California/Oregon/ 6 30 16,498 0.22
Washington.
Long-beaked common dolphin.......... California............ 0 21 83,379 0.03
Common bottlenose dolphin........... California/Oregon/ 0 21 3,477 0.60
Washington Offshore.
Transient killer whale.............. West Coast Transient.. 0 18 349 5.16
Gray whale.......................... Eastern North Pacific. 0 3 26,960 0.01
Minke whale......................... California/Oregon/ 0 3 915 0.33
Washington Stock.
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Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are nearly identical to those
included in the FR Notice announcing the issuance of the initial IHA
(87 FR 31985, May 26, 2022), although the size of the shutdown and
Level B harassment areas has been revised as appropriate, as shown in
Table 4 below. The following identical measures for this renewal
include;
<bullet> Shut down construction operations (including in-water
heavy machinery work other than pile driving) if a marine mammal comes
within 10 m of construction activity or a vessel involved with
construction activity (e.g., barge) to avoid direct physical
interaction with marine mammals;
<bullet> Shut down during active pile driving if marine mammals
approach pile driving activities within hearing group-specific shutdown
zones;
<bullet> Contact the local marine mammal sightings network (Orca
Network) hourly to obtain real-time sightings reports of marine mammals
in the project area;
<bullet> Shut down if any species for which take has not been
authorized (e.g., Southern Resident killer whales, humpback whales), or
a species for which take has been authorized but the authorized take
numbers have been met, enters the Level B harassment zones;
<bullet> Implement impact pile driving soft starts whereby hammer
energy is gradually ramped up;
<bullet> Use of a bubble curtain during all impact pile driving.
<bullet> Use of NMFS-approved PSOs to monitor the entire Level A
and Level B harassment zones;
<bullet> Submit draft reports on all monitoring within 90 calendar
days of the completion of marine mammal monitoring at each pier or 60
days prior to the issuance of any subsequent IHAs for these projects,
whichever comes first;
<bullet> Prepare and submit final reports within 30 days following
resolution of comments on the draft report from NMFS;
<bullet> Submit all PSO datasheets and/or raw sightings data (in a
separate file from the final reports referenced above); and
<bullet> Report injured or dead marine mammals.
The shutdown and Level B harassment zones shown in Table 4 have
been revised from the Season 1 initial IHA to reflect the updated SLs
associated with 30-inch impact and vibratory driving as well as the
increase in strikes per day for impact driving described previously.
Table 4--Shutdown and Level B Harassment Zones for IHA Renewal
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m)
------------------------------------------------------- Level B
Pile size, type, and method LF MF HF harassment
Cetacean Cetacean Cetacean Phocid Otariid zone (m)
----------------------------------------------------------------------------------------------------------------
Timber vibratory removal (Don Armeni)....... 10 10 10 10 10 453
30-inch steel vibratory installation........ 60 10 85 35 10 21,710
30-inch steel impact installation........... 555 20 660 295 25 616
16-inch steel vibratory installation (Don 10 10 15 10 10 3,415
Armeni)....................................
----------------------------------------------------------------------------------------------------------------
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (87
FR 12089, March 3, 2022) and solicited public comments on both our
proposal to issue the initial IHA for the project and on the potential
for a renewal IHA, should certain requirements be met. NMFS then
published an additional 15-day opportunity to comment on the proposed
renewal IHA (88 FR 45393; July 17, 2023). No comments were received in
response to either public comment period.
[[Page 56009]]
Determinations
There is no new information which would change our potential
impacts to the specified marine mammal species and stocks. The
anticipated effects of the action under the renewal IHA are expected to
be the same as those that may have occurred under the initial IHA. The
species authorized for take are identical to those that were identified
in the initial IHA. The same species that were authorized for limited
take by Level A harassment under the initial IHA are authorized for
take by Level A harassment under the renewal IHA. The Level A and Level
B harassment zones for 30-inch pile installation under the renewal IHA
are larger than those contained in the initial IHA. However, the number
of animals of each species authorized for take is less than what was
authorized under the initial IHA since the number of in-water work days
anticipated is less than half of the number of work days that occurred
under the initial IHA. Furthermore, PSO monitoring of the renewal IHA's
extended harassment zones demonstrated that most take occurs closer to
the in-water driving location. The mitigation and monitoring measures
required under the renewal IHA are identical to those prescribed
through the initial IHA, with one exception. The shutdown and Level B
harassment zones under the renewal IHA are larger than those employed
in Season 1.
After analyzing the City's application for the initial IHA, NMFS
determined that the action would have a negligible impact on all
affected stocks and that the taking of authorized species would be
small relative to population size (< six percent of the total abundance
for all stocks).
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) The City's activities will not have an unmitigable adverse impact
on taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action, and; (5) appropriate
monitoring and reporting requirements are included.
National Environmental Policy Act
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations 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 determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
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 these activities. Therefore, NMFS has determined that
consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a renewal IHA to the City of Seattle for the take
of marine mammals incidental to construction activities associated with
the Pier 58 Reconstruction Project in Seattle, Washington effective
from August 10, 2023 through July 31, 2024.
Dated: August 14, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-17682 Filed 8-16-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 17, 2023.
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