Notice2023-23948
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pier Maintenance and Bank Stabilization at U.S. Coast Guard Air Station Port Angeles, Port Angeles, 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
October 31, 2023
Effective
July 16, 2024
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 authorization to the U.S. Coast Guard (Coast Guard or USCG) to harass marine mammals incidental to construction activities associated with pier maintenance and bank stabilization at USCG Air Station Port Angeles, Port Angeles, Washington.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 209 (Tuesday, October 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74440-74451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23948]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD459]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pier Maintenance and Bank
Stabilization at U.S. Coast Guard Air Station Port Angeles, Port
Angeles, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an authorization to the U.S. Coast Guard (Coast
Guard or USCG) to harass marine mammals incidental to construction
activities associated with pier maintenance and bank stabilization at
USCG Air Station Port Angeles, Port Angeles, Washington.
DATES: This authorization is effective from July 16, 2024 through July
15, 2025.
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, OPR, NMFS, (301) 427-
8401.
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 (IHA) 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
[[Page 74441]]
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 definitions of all applicable MMPA
statutory terms cited above are included in the relevant sections
below.
Summary of Request
On August 9, 2022, NMFS received a request from Coast Guard for an
IHA to take marine mammals incidental to construction during pier
maintenance activities at USCG Air Station Port Angeles in Port
Angeles, Washington. Following NMFS' review of the application, Coast
Guard submitted revised versions on May 11, 2023 and July 14, 2023. The
application was deemed adequate and complete on July 18, 2023. The
notice of proposed IHA was published in the Federal Register on
September 7, 2023 (88 FR 61549). Coast Guard's request is for take of
five species of marine mammals by Level B harassment only. Neither
Coast Guard nor NMFS expect serious injury or mortality to result from
this activity and, therefore, an IHA is appropriate.
Description of Activity
Coast Guard plans to conduct pier maintenance and bank
stabilization on a portion of the shoreline at USCG Air Station Port
Angeles in Port Angeles, Washington. In-water work is expected to take
approximately 15 days and will occur during daylight hours during the
lowest possible tide conditions. USCG Air Station Port Angeles is
located on the south-facing side of Ediz Hook, a peninsula that extends
into the Strait of Juan de Fuca, encompassing approximately 8.73 square
kilometers (km\2\) (3.37 square miles (mi\2\)), opening to the east.
The U.S. Army Corps of Engineers has designated an in-water work window
between July 16 and February 15 to protect anadromous fishes in the
area. In-water work on this project may therefore occur between July
16, 2024 and February 15, 2025. The planned work may result in the
incidental take of marine mammals by Level B harassment due to exposure
to underwater sound produced during impact and vibratory pile driving.
The purpose of this project is to repair existing facilities and to
protect vital mission support infrastructure from continued tidal
action erosion and storm events. This project will repair up to 372
feet (ft) (113.4 meters (m)) of eroded riprap shoreline, replace 37
degraded timber piles with steel piles, repair up to 98 timber piles,
permanently remove 11 abandoned timber piles and 3 steel camel barrier
piles, and demolish 2 camels. Pile installation will be by vibratory
and impact driving; pile removal methods would include direct pull and,
if necessary, vibratory extraction. Impact and vibratory piling may
occur on the same day, but the hammers would not operate
simultaneously. Other components of this project include both in-water
and upland activities, which are not expected to result in take of
marine mammals. Pile repair (i.e., power washing, jacketing, and anti-
fouling coating), deck repair and replacement, utility installation,
and shoreline stabilization (i.e., removal and replacement of riprap
shoreline) are therefore not discussed further in this document.
A detailed description of the planned construction project is
provided in the Federal Register notice for the proposed IHA (88 FR
61549, September 7, 2023). Since that time, no changes have been made
to the planned activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specific activity. Required mitigation, monitoring,
and reporting measures are described in detail later in this document
(please see Mitigation and Monitoring and Reporting).
Comments and Responses
A notice of NMFS' proposal to issue an IHA to Coast Guard was
published in the Federal Register on September 7, 2023 (88 FR 61549).
That notice described, in detail, Coast Guard'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 available for a 30-day public comment period. During the 30-day
public comment period, NMFS did not receive any public comments.
Changes From Proposed IHA to Final IHA
Between the publication of the proposed IHA (88 FR 61549, September
7, 2023) and this notice, Coast Guard requested that the effective
dates of the authorization be shifted from November 15, 2023 through
November 14, 2024 to July 16, 2024 through July 15, 2025 due to
availability of funding and other logistical constraints. The analysis
presented in the proposed IHA remains valid due to the consistent dates
of the U.S. Army Corps of Engineers in-water work window (July 16
through February 15 annually). The change to the effective dates of the
authorization is reflected in the DATES section, above.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the IHA 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, 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 1 lists all species or stocks for which take is expected and
authorized for this activity, 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 or
stocks 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. All values presented in table 1 are the most
recent available at the time of publication and are available online
at:
[[Page 74442]]
<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>.
Table 1--Species Likely Impacted by the Specified Activities \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (y/n) Nmin, most recent PBR Annual M/
\2\ abundance survey) \3\ SI \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Artiodactyla--Infraorder Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals)
Humpback whale.................. Megaptera novaeangliae. Hawai[revaps]i......... -, -, N 11,278 (0.56, 7,265, 127 27.09
2020).
Mainland Mexico--CA/OR/ T, D, Y 3,477 (0.101, 3,185, 43 22
WA. 2022).
Central America/ E, D, Y 1,496 (0.171, 1,284, 5.2 14.9
Southern Mexico--CA/OR/ 2022).
WA.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae
Killer whale.................... Orcinus orca........... Eastern North Pacific E, D, Y 74 (N/A, 74, 2021).... 0.13 >=0.4
Southern Resident.
West Coast Transient... -, -, N 349 (N/A, 349, 2018).. 3.5 0.4
Family Phocoenidae (porpoises)
Harbor porpoise................. Phocoena phocoena...... Washington Inland -, -, N 11,233 (0.37, 8,308, 66 >=7.2
Waters. 2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions)
Steller sea lion................ Eumetopias jubatus..... Eastern................ -, -, N 43,201 (N/A, 43,201, 2,592 112
2017).
California sea lion............. Zalophus californianus. U.S.................... -, -, N 257,606 (N/A, 233,515, 14,011 >321
2014).
Family Phocidae (earless seals)
Harbor seal..................... Phoca vitulina......... Washington Northern -, -, N UNK (UNK, UNK, 1999).. UND 9.8
Inland Waters.
Northern elephant seal.......... Mirounga angustirostris CA Breeding............ -, -, N 187,386 (N/A, 85,369, 5,122 13.7
2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(<a href="https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>; Committee on Taxonomy (2022)).
\2\ 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.
\3\ NMFS marine mammal stock assessment reports online at: <a href="http://www.nmfs.noaa.gov/pr/sars/">www.nmfs.noaa.gov/pr/sars/</a>. CV is coefficient of variation; Nmin is the minimum estimate of
stock abundance. In some cases, CV is not applicable.
\4\ 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, vessel 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.
A detailed description of the of the species likely to be affected
by the USCG Pier Maintenance and Bank Stabilization project, 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 61549, September 7, 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 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 (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 2.
[[Page 74443]]
Table 2--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 35 kHz.
whales).
Mid-frequency (MF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus
cruciger & L. australis).
Phocid pinnipeds (PW) (underwater) 50 Hz to 86 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 39 kHz.
(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 et al.,
2013). This division between phocid and otariid pinnipeds is now
reflected in the updated hearing groups proposed in Southall et al.
(2019).
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 of underwater noise from Coast Guard's pile driving
activities have the potential to result in behavioral harassment of
marine mammals in the vicinity of the project area. The notice of the
proposed IHA (88 FR 61549, September 7, 2023) included a discussion of
the effects of anthropogenic noise on marine mammals and the potential
effects of underwater noise from Coast Guard's pile driving activities
on marine mammals and their habitat. That information and analysis is
incorporated by reference into this final IHA determination and is not
repeated here; please refer to the notice of the proposed IHA (88 FR
61549, September 7, 2023).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through the IHA, which informed both NMFS' consideration of
``small numbers,'' and the negligible impact determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes are by Level B harassment only, in the form of
disruption of behavioral patterns and/or TTS for individual marine
mammals resulting from exposure to noise from impact and vibratory pile
driving. Based on the nature of the activity and the anticipated
effectiveness of the mitigation measures (i.e., shutdown zones
implemented at no less than the distance to the Level A isopleths)
discussed in detail below in the Mitigation section, Level A harassment
is neither anticipated nor authorized.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur PTS of some degree (equated to Level A
harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. Generally speaking, Level B harassment take
estimates based on these behavioral harassment thresholds are expected
to include any likely takes by TTS as, in most cases, the likelihood of
TTS occurs at
[[Page 74444]]
distances from the source less than those at which behavioral
harassment is likely. TTS of a sufficient degree can manifest as
behavioral harassment, as reduced hearing sensitivity and the potential
reduced opportunities to detect important signals (conspecific
communication, predators, prey) may result in changes in behavior
patterns that would not otherwise occur.
Coast Guard's planned activity includes the use of continuous
(e.g., vibratory pile installation and extraction) and impulsive (e.g,
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). Coast
Guard's planned construction activity includes the use of non-impulsive
(e.g., vibratory pile installation and extraction) and impulsive (e.g,
impact pile installation) sources.
These thresholds are provided in table 3, below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS' 2018 Technical Guidance, which may be accessed at:
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: <ls-thn-eq>LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic 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 should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[mu]Pa\2\s. In this table, thresholds are abbreviated to reflect American National
Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized
hearing range. 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 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 acoustic 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.
The sound field in the project area is the existing background
noise plus additional construction noise from the project. Marine
mammals are expected to be affected via sound generated by the primary
components of the project (i.e., impact pile driving and vibratory pile
installation and removal). Calculation of the area ensonified by the
planned action is dependent on source levels of the planned activities
and the estimated transmission loss coefficients for the planned
activities at the site. These factors are addressed below.
Sound Source Levels of Activities--The intensity of pile driving
sounds is greatly influenced by factors such as the type of piles
(material and diameter), hammer type, and the physical environment
(e.g., sediment type) in which the activity takes place. In order to
calculate the distances to the Level A harassment and the Level B
harassment thresholds for the methods and piles being used in this
project, Coast Guard used acoustic monitoring data from sound source
verification studies to develop proxy source levels for the various
pile types, sizes and methods (table 4).
Table 4--Pile Installation and Extraction Parameters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Proxy levels (@10m)
Strikes per ------------------------------------------------
Pile type Method Total number Number per day pile or hours dB re 1 Reference
per day dB re 1 [mu]Pa dB re 1 [mu]Pa [mu]Pa\2\s
peak RMS SELss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
12-in steel............................. Impact.................... 37 5 100 strikes 192 177 166 CALTRANS 2020.
12-in steel............................. Vibratory installation.... 37 10 5 hrs .............. 155 .............. Greenbusch 2018.
18-in steel............................. Vibratory installation.... 3 2 1 hr .............. 158 .............. CALTRANS 2020.
12-14-in timber......................... Vibratory extraction...... 48 16 8 hrs .............. 160 .............. Greenbusch 2018.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Transmission Loss--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 * Log<INF>10</INF> (R<INF>1</INF>/R<INF>2</INF>), where:
TL = transmission loss in dB,
B = transmission loss coefficient,
R<INF>1</INF>= the distance of the modeled SPL from the driven pile,
and,
R<INF>2</INF>= the distance from the driven pile of the initial
measurement.
This formula neglects loss due to scattering and absorption, which
is
[[Page 74445]]
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 bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. Spherical spreading occurs in a perfectly unobstructed
(free-field) environment not limited by depth or water surface,
resulting in a 6 dB reduction in sound level for each doubling of
distance from the source (20*log<INF>10</INF>[range]). Cylindrical
spreading occurs in an environment in which sound propagation is
bounded by the water surface and sea bottom, resulting in a reduction
of 3 dB in sound level for each doubling of distance from the source
(10* log<INF>10</INF>[range]). A practical spreading value of 15 is
often used under conditions where water increases with depth as the
receiver moves away from the shoreline, resulting in an expected
propagation environment that would lie between spherical and
cylindrical spreading loss conditions.
Site-specific transmission loss measurements are not available for
Port Angeles Harbor. NMFS has therefore used the practical spreading
loss model for both vibratory and impact pile driving in this analysis.
Estimated Harassment Isopleths--All Level B harassment isopleths
are reported in table 5. Level B harassment isopleths from the project
will be limited by the coastline along and across from the project
site. The maximum attainable isopleth distance is 4,642 m during
vibratory extraction of timber piles (see Figure 1 in the IHA
application for further detail).
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, including 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 would be
expected to incur PTS. Inputs used in the User Spreadsheet (e.g.,
number of piles per day, duration and/or strikes per pile, source
levels) are presented in table 4. The resulting isopleths and
ensonified areas are reported in table 5 and table 6, respectively.
Table 5--Estimated Isopleths by Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
Underwater harassment isopleths [m] Airborne Level B
------------------------------------------------------------------------------ harassment isopleths [m]
Activity Method Level A -------------------------
----------------------------------------------------------------- Level B Harbor Other
LF MF HF PW OW seals pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-in steel.................. Impact........... 46.0 1.6 55.0 25.0 2.0 136.0 150 47
12-in steel.................. Vibratory 8.0 0.7 11.8 4.8 0.3 2,154 19 6
installation.
18-in steel.................. Vibratory 4.3 0.4 6.4 2.6 0.2 3,415
installation.
12-14-in timber.............. Vibratory 23.4 2.1 34.6 14.2 1.0 4,642
extraction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6--Areas Ensonified (Underwater)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment [km\2\] Level B
Activity Method -------------------------------------------------------------------------------- harassment
LF MF HF PW OW [km\2\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-in steel...................... Impact............... 0.02 <0.01 0.02 0.01 <0.01 0.07
12-in steel...................... Vibratory <0.01 <0.01 <0.01 <0.01 <0.01 7.74
installation.
18-in steel...................... Vibratory <0.01 <0.01 <0.01 <0.01 <0.01 14.52
installation.
12-14-in timber.................. Vibratory extraction. 0.01 <0.01 0.02 <0.01 <0.01 17.59
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information which
will inform the take calculations.
For marine mammal density information in the Port Angeles area we
used data from the Pacific Navy Marine Species Density Database (U.S.
Navy, 2019) to estimate take for marine mammals. The Marine Species
Density Database incorporates analyzed literature and research for
marine mammal density estimates per season for the Gulf of Alaska and
the West Coast of the United States. Density estimates specific to the
Strait of Juan de Fuca are not available for any of the species
addressed here, and therefore takes were estimated based on the nearest
available and most appropriate density estimates, plus site-specific
knowledge and professional judgement. Table 7 density estimates are
calculated based on the in-water work window (July-February) and based
on the highest seasonal density estimates for the relevant area.
Table 7--Seasonal Density of Species in the Project Area
------------------------------------------------------------------------
Species Densities (animals/km\2\)
------------------------------------------------------------------------
Humpback whale............................ 0.0027 (summer/fall).
Killer whale--Southern Resident........... 0.0012 (summer).
Killer whale--Transient................... 0.0208 (fall).
Harbor porpoise........................... 2.16 (annual).
Harbor seal............................... 0.76 (summer/fall).
Northern elephant seal.................... 0.0029 (fall).
Steller sea lion.......................... 0.0027 (fall/winter).
[[Page 74446]]
California sea lion....................... 0.300 (September).
------------------------------------------------------------------------
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur and authorized under the IHA.
Using the overall area of disturbance generated by pile removal and
installation given calculated distances to attenuation below
disturbance (Level B harassment) thresholds, incidental take for each
activity is estimated by the following equation:
Incidental take estimate = species density * ensonified area* days of
pile-related activity
This equation is a reasonable extrapolation for take estimates,
which relies on the likelihood that a species is present within the
ensonified area on a day where the planned activity is occurring. Take
estimates were calculated with the conservative assumption that each
activity (i.e., vibratory extraction of steel piles, vibratory
extraction of timber piles, vibratory installation, and impact
installation) will occur on separate days, using a maximum of 23 days
of in-water work. However, Coast Guard will perform some activities on
the same day, resulting in reduced numbers of overall take during the
planned 15 days of pile driving.
No take by Level A harassment is authorized for any species of
marine mammal due to the small zones, in conjunction with Coast Guard's
required shutdown mitigation measure. Shutdown zones will be enforced
at the extent of the estimated Level A harassment isopleth for all
species groups except for large whales (i.e., baleen whales, including
humpbacks, and killer whales). Coast Guard plans to shut down for
killer whales upon observation regardless of location in order to
prevent potential take of members of the Southern Resident stock, and
shutdown zones for other large whale species will be enforced at the
extent of the Level B harassment isopleths. Given the remote likelihood
of large whale species entering Port Angeles Harbor during the 15 days
of pile driving work (see calculated take estimates for humpback and
killer whales in table 8) and the locations of Protected Species
Observers (PSOs) described in the Monitoring and Reporting section,
NMFS agrees that monitoring and shutdown measures are likely to be
successful at avoiding take of these species. Therefore, no take of
large whale species (including but not limited to humpback and killer
whales) has been requested and none is authorized.
Based on sightings reported during the 2016-2017 Navy TPS Port
Angeles project (Northwest Environmental Consulting, LLC 2018), Coast
Guard anticipates the number of harbor seals present in the project
area during the planned in-water activities may exceed calculated
exposure estimates. During the 2016-2017 Navy TPS Port Angeles project,
275 harbor seals were observed in the estimated Level B harassment zone
over approximately 45 days during which pile driving occurred
(Northwest Environmental Consulting, LLC., 2018). Coast Guard project
will have only 15 days of in-water pile driving. Therefore, Coast Guard
has requested, and NMFS has authorized, 210 incidents of Level B
harassment for harbor seals, approximately half the difference in
sightings between the 2016-2017 Navy TPS Port Angeles project and the
calculated exposure estimate for this project.
Table 8--Calculated and Authorized Amount of Taking and Percent of Stocks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Take by Level A harassment Take by Level B harassment
Species Stock ---------------------------------------------------------------- Total take Percent of
Calculated Authorized Calculated Authorized stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale....................... Hawai[revaps]i......... 0 0 0.51 0 0 0
Mainland Mexico--CA/OR/
WA.
Central America/
Southern Mexico--CA/OR/
WA.
Killer whale......................... Eastern North Pacific 0 0 0.23 0 0 0
Southern Resident.
West Coast Transient... 0 0 3.94 0 0 0
Harbor porpoise...................... Washington Inland 0.73 0 408.9 409 409 4.92
Waters.
Harbor seal.......................... Washington Northern 0.13 0 143.9 210 210 \1\ NA
Inland Waters.
Northern Elephant Seal............... CA Breeding............ 0 0 0.55 1 1 <0.01
Steller Sea Lion..................... Eastern................ 0 0 0.51 1 1 <0.01
California Sea lion.................. U.S.................... 0.1 0 56.8 57 57 0.02
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Stock size for the Washington Northern Inland Waters stock of harbor seals is not available from the most recent SARs due to a lack of recent data.
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
[[Page 74447]]
(probability implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost and impact on
operations.
Shutdown Zones--The purpose of a shutdown zone is generally to
define an area within which shutdown of the activity would occur upon
sighting of a marine mammal (or in anticipation of an animal entering
the defined area). Construction supervisors and crews, Protected
Species Observers (PSO), and relevant Coast Guard staff must avoid
direct physical interaction with marine mammals during construction
activities, which could include (but are not limited to) the following:
(1) barge movement to the pile location; (2) pile positioning on the
substrate via a crane (i.e., stabbing the pile); and (3) pile removal
from the water column/substrate via a crane (i.e., deadpull). If a
marine mammal comes within 10 meters of such activity, operations must
cease and vessels must reduce speed to the minimum level required to
maintain steerage and safe working conditions, as necessary to avoid
direct physical interaction.
Further, Coast Guard must implement activity-specific shutdown
zones as described in table 9. The shutdown zone for humpback whales or
other non-authorized marine mammal species (except killer whales) will
be the predicted Level B harassment isopleth. For these species,
project activity may resume after the animal has not been observed for
15 minutes, or has been observed leaving the shutdown zone (i.e. the
Level B harassment zone). As proposed by Coast Guard, killer whales
will require a shutdown upon observation no matter location in order to
prevent take of members of the Southern Resident stock. If killer
whales are sighted, the project activity would resume only after the
killer whale is not observed for 15 minutes.
Table 9--Required Shutdown Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shutdown zone (m) Monitoring
------------------------------------------------------------------------ zone (m)--
Pile type Pile driving method all
Killer whales LF MF HF PW OW species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel.................................. Vibratory................. Any sighting at any 3,415 12 3,415
distance.
Impact.................... 136 55 136
Timber................................. Vibratory................. 4,642 35 4,642
--------------------------------------------------------------------------------------------------------------------------------------------------------
Protected Species Observers--The placement of PSOs during all
construction activities (described in the Monitoring and Reporting
section) will ensure that the entire shutdown zone is visible. Coast
Guard will employ three PSOs for vibratory installation and extraction
of steel and timber piles. Two PSOs will be land-based, while one will
be positioned on a vessel to ensure full monitoring coverage to the
estimated Level B harassment isopleth. For impact pile driving
activities, Coast Guard will employ one PSO.
Pre and Post-Activity Monitoring--Monitoring must take place from
30 minutes prior to initiation of pile driving activity (i.e., pre-
start clearance monitoring) through 30 minutes post-completion of pile
driving activity. Pre-start clearance monitoring must be conducted
during periods of visibility sufficient for the lead PSO 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. If a marine mammal is observed entering or within the
shutdown zones, pile driving activity must be delayed or halted. If
pile driving is delayed or halted due to the presence of a marine
mammal, the activity may not commence or resume until either the animal
has voluntarily exited and been visually confirmed beyond the shutdown
zone or 15 minutes have passed without re-detection of the animal. If a
marine mammal for which take by Level B harassment is authorized is
present in the Level B harassment zone, activities will begin and Level
B harassment take will be recorded.
Monitoring for Level B Harassment--PSOs will monitor the shutdown
zones and beyond to the extent that PSOs can see. For this activity,
the monitoring zone is defined as the largest predicted Level B
harassment isopleth for a given activity (table 9). Monitoring beyond
the shutdown zones enables observers to be aware of and communicate the
presence of marine mammals in the project areas outside the shutdown
zones and thus prepare for a potential cessation of activity should the
animal enter the shutdown zone. If weather or sea conditions restrict
the observer's ability to observe the monitoring zone, pile driving
activities must cease until conditions are favorable for observations
to resume.
Soft Start--Soft-start procedures are used to provide additional
protection to marine mammals by providing warning and/or giving marine
mammals a chance to leave the area prior to the hammer operating at
full capacity. For 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.
If unsafe working conditions during ramp ups are reported (e.g.,
crane failure from excess wear due to the ramp up procedure) by the
contractor and verified by an independent safety inspection, Coast
Guard may elect to discontinue impact driver ramp ups. Coast Guard will
inform NMFS if the ramp up procedure is discontinued. If use of a
variable moment driver is infeasible and the model of impact driver was
not specifically designed for ramp up procedures, then Coast Guard will
not employ impact ramp up procedures due to personnel safety concerns.
In-water Work Window--To reduce impacts to marine fishes, Coast
Guard will follow the in-water work window designated for the Strait of
Juan de Fuca and associated bays and inlets by the U.S. Army Corps of
Engineers. The work window extends from July 16 to February 15; no in-
water work will be conducted outside of that date range unless a
modification is negotiated with the relevant regulatory agencies,
including the U.S. Army Corps of Engineers.
NMFS and Coast Guard considered the use of bubble curtains as a
mitigation measure during this project. However, based on the limited
amount of impact driving expected, the relatively small estimated Level
A harassment isopleths, and the potential
[[Page 74448]]
for increased turbidity during bubble curtain use, NMFS has determined
that use of a bubble curtain would not further reduce take of marine
mammals during this project and they are not included in the required
mitigation methods.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
described 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 activity; 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
Marine mammal monitoring must be conducted in accordance with the
Marine Mammal Monitoring Plan, dated July 2023, available online at
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and</a>. Marine
mammal monitoring during pile driving and removal must be conducted by
NMFS-approved PSOs in a manner consistent with the following:
<bullet> PSOs must be independent of the activity contractor (for
example, employed by a subcontractor) and have no other assigned tasks
during monitoring periods;
<bullet> At least one PSO must have prior experience performing the
duties of a PSO during construction activity pursuant to a NMFS-issued
incidental take authorization;
<bullet> Other PSOs may substitute other relevant experience,
education (degree in biological science or related field) or training
for experience performing the duties of a PSO during construction
activities pursuant to a NMFS-issued incidental take authorization;
<bullet> Where a team of three or more PSOs is required, a lead
observer or monitoring coordinator must be designated. The lead
observer must have prior experience performing the duties of a PSO
during construction activity pursuant to a NMFS-issued incidental take
authorization; and
<bullet> PSOs must be approved by NMFS prior to beginning any
activity subject to this IHA.
PSOs should have the following additional qualifications:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
A team of one to two land based PSOs will be deployed to observe
the monitoring zones for vibratory and impact pile driving during this
project. PSOs will be located at the best vantage points to see the
entirety of the active zone. One PSO will have an unobstructed view of
all water within the shutdown zones, and will be stationed at or near
the project activity. While the exact monitoring stations have not yet
been determined, Coast Guard provided potential locations in Figure 1
of its Marine Mammal Monitoring and Mitigation Plan. Additionally, a
PSO will be stationed for monitoring on an observation vessel in order
to ensure the entire monitoring zone to the extent of the relevant
predicted Level B harassment isopleth can be observed during vibratory
pile installation and removal.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after all in water construction activities. In addition, PSOs
will record all incidents of marine mammal occurrence, regardless of
distance from activity, and will document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving
activities include the time to install or remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than 30 minutes.
Reporting
Coast Guard will submit a draft report to NMFS within 90 calendar
days of the completion of monitoring or 60 calendar days prior to the
requested issuance of any subsequent IHA for construction activity at
the same location, whichever comes first. The marine mammal monitoring
report will include an overall description of work completed, a
narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report would include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
<bullet> Construction activities occurring during each daily
observation period, including: (1) The number and type of piles that
were driven and the method (e.g., impact or vibratory); and (2) Total
[[Page 74449]]
duration of driving time for each pile (vibratory driving) and number
of strikes for each pile (impact driving);
<bullet> PSO locations during marine mammal monitoring;
<bullet> Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance;
<bullet> Upon observation of a marine mammal, the following
information: (1) Name of PSO who sighted the animal(s) and PSO location
and activity at time of sighting; (2) Time of sighting; (3)
Identification of the animal(s) (e.g., genus/species, lowest possible
taxonomic level, or unidentified), PSO confidence in identification,
and the composition of the group if there is a mix of species; (4)
Distance and location of each observed marine mammal relative to the
pile being driven for each sighting; (5) Estimated number of animals
(min/max/best estimate); (6) Estimated number of animals by cohort
(adults, juveniles, neonates, group composition, etc.); (7) Animal's
closest point of approach and estimated time spent within the
harassment zone; (8) 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, by species; and
<bullet> Detailed information about implementation of any
mitigation (e.g., shutdowns and delays), a description of specific
actions that ensued, and resulting changes in behavior of the
animal(s), if any.
A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report. If no
comments are received from NMFS within 30 calendar days of receipt of
the draft report, the report shall be considered final.
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, Coast Guard must report the
incident to the OPR, NMFS (<a href="/cdn-cgi/l/email-protection#3060621e7964601e7d5f5e59445f42595e576255405f424443705e5f51511e575f46"><span class="__cf_email__" data-cfemail="0555572b4c51552b486a6b6c716a776c6b625760756a777176456b6a64642b626a73">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#caa3bebae4a2a5bea9a2a1a3a48aa4a5ababe4ada5bc"><span class="__cf_email__" data-cfemail="f49d8084da9c9b80979c9f9d9ab49a9b9595da939b82">[email protected]</span></a>) and to the West Coast regional stranding network
(866-767-6114) as soon as feasible. If the death or injury was clearly
caused by the specified activity, Coast Guard must immediately cease
the activities until NMFS OPR 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 this IHA. Coast
Guard must not resume their activities until notified by NMFS. The
report must include the following information:
[ssquf] Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
[ssquf] Species identification (if known) or description of the
animal(s) involved;
[ssquf] Condition of the animal(s) (including carcass condition if
the animal is dead);
[ssquf] Observed behaviors of the animal(s), if alive;
[ssquf] If available, photographs or video footage of the
animal(s); and
[ssquf] General circumstances under which the animal was
discovered.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338;
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, the majority of our analysis applies to all
the species listed in table 8, given that many of the anticipated
effects of this project on different marine mammal stocks are expected
to be relatively similar in nature. Where there are meaningful
differences between species or stocks, or groups of species, in
anticipated individual responses to activities, impact of expected take
on the population due to differences in population status, or impacts
on habitat, they are described independently in the analysis below.
Pile driving and removal activities associated with the project, 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, from underwater sounds generated from
pile driving and removal. Potential takes could occur if individuals of
these species are present in zones ensonified above the thresholds for
Level B harassment, identified above, when these activities are
underway.
The takes by Level B harassment would be due to potential
behavioral disturbance. No mortality or serious injury is anticipated
given the nature of the activity, and no Level A harassment is
anticipated due to Coast Guard's construction method and the required
mitigation measures (see Mitigation section).
Effects on individuals that are taken by Level B harassment, on the
basis of reports in the literature as well as monitoring from other
similar activities, would 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; HDR, Inc. 2012; Lerma 2014; ABR 2016). Most likely, individuals
would simply move away from the sound source and be temporarily
displaced from the areas of pile driving and removal, although even
this reaction has been observed primarily only in association with
impact pile driving, which Coast Guard anticipates using for only 10
percent of pile driving. If sound produced by project activities is
sufficiently disturbing, animals are likely to simply avoid the area
while the activity is occurring, particularly as the project is
expected to occur over just 15 in-water pile driving days.
The project is also not expected to have significant adverse
effects on affected marine mammals' habitats. The project activities
would not modify
[[Page 74450]]
existing marine mammal habitat for a significant amount of time. The
activities may cause some fish to leave the area of disturbance, thus
temporarily impacting marine mammals' foraging opportunities in a
limited portion of the foraging range. Given the short duration of the
activities and the relatively small area of the habitat that may be
affected, the impacts to marine mammal habitat, including fish, are not
expected to cause significant or long-term negative consequences.
There are two known harbor seal haulouts close to the project site.
The first haulout site is directly across Port Angeles Harbor from the
USCG Air Station, approximately 2.4 km away. Seals swimming to and from
this haulout have the potential to experience Level B harassment due to
underwater sound exposure during vibratory or impact pile driving
activities. However, the project activities are not expected to occur
during any particularly sensitive time (e.g., molting or pupping
season), and the project duration is short, with approximately 15 days
of in-water work. Given the availability of a second haulout close by
(3.5 km (2.17 mi) from the project site on the opposite side of Ediz
Hook) which is not expected to be exposed to noise from pile driving,
and the short duration of the project, there are no anticipated
significant or long-term negative consequences to harbor seals in the
project area.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect any of the species or stocks
through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> The anticipated incidents of Level B harassment would
consist of, at worst, temporary modifications in behavior that would
not result in fitness impacts to individuals;
<bullet> Take estimates were calculated assuming that no activities
would occur on the same day. However, in reality, vibratory and impact
driving are likely to occur on the same day, reducing the overall
impact to marine mammal species;
<bullet> The area impacted by the specified activity is very small
relative to the overall habitat ranges of all species;
<bullet> While impacts will occur within areas that are important
for feeding or resting for multiple stocks, because of the small
footprint of the activity relative to the area of these important use
areas, and the scope and nature of the anticipated impacts of pile
driving exposure, we do not expect impacts to the reproduction or
survival of any individuals.
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 described monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned activity will have a negligible impact on all affected
marine mammal species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
The number of instances of take for each species or stock
authorized to be taken as a result of this project is included in table
8. Our analysis shows that less than one-third of the best available
population abundance estimate of each stock could be taken by
harassment. The number of animals authorized to be taken for all stocks
would be considered small relative to the relevant stock's abundances
even if each estimated taking occurred to a new individual, which is an
unlikely scenario.
A lack of an accepted stock abundance value for the Washington
Northern Inland Waters stock of harbor seal did not allow for the
calculation of an expected percentage of the population that would be
affected. The most relevant estimate of partial stock abundance is
7,513 seals (CV = 11.5%) (Jefferson et al. 2021). Given 210 authorized
takes by Level B harassment for the stock, comparison to the best
estimate of stock abundance shows, at most, 2.8 percent of the stock
would be expected to be impacted.
Based on the analysis contained herein of the planned activity
(including the required mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals would be taken relative to the population size of the
affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
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 ESA of 1973 (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 our action (i.e., the issuance of an IHA) with respect
to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Authorization
NMFS has issued an IHA to Coast Guard for the potential harassment
of
[[Page 74451]]
small numbers of five marine mammal species incidental to the Pier
Maintenance and Bank Stabilization project in Port Angeles, Washington,
that includes the previously explained mitigation, monitoring and
reporting requirements. The IHA can be found at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-coast-guard-air-station-port-angeles-pier-maintenance-and</a>.
Dated: October 25, 2023.
Catherin Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-23948 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 31, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.