Notice2023-24977
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Maintenance and Rehabilitation of the Bellingham Shipping Terminal
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
November 14, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Port of Bellingham to incidentally harass marine mammals during construction activities associated with the Maintenance and Rehabilitation of the Bellingham Shipping Terminal project in Bellingham, WA. There are no changes from the proposed authorization in this final authorization.
Full Text
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<title>Federal Register, Volume 88 Issue 218 (Tuesday, November 14, 2023)</title>
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[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 77972-77985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24977]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD491]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Maintenance and Rehabilitation
of the Bellingham Shipping Terminal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the Port of Bellingham to incidentally harass marine mammals during
construction activities associated with the Maintenance and
Rehabilitation of the Bellingham Shipping Terminal project in
Bellingham, WA. There are no changes from the proposed authorization in
this final authorization.
DATES: This authorization is effective for 1-year from the date of
issuance.
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-port-bellinghams-bellingham-shipping-terminal-bellingham">https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, 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 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 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 May 5, 2023, NMFS received a request from the Port of Bellingham
for an IHA to take marine mammals incidental to pile driving and
removal. Following NMFS' review of the application, the Port of
Bellingham submitted a two revised versions on June 16, 2023 and August
28, 2023. The application was deemed adequate and complete on September
6, 2023. There are no changes from the proposed IHA to the final IHA.
Description of Activity
The Bellingham Shipping Terminal rehabilitation project includes
the removal of 36 existing 24-inch (in) diameter (61 centimeter (cm))
steel piles, 15 existing 14-in to 16-in (36 cm to 41 cm) timber fender
piles, and 2 existing 18-in to 20-in (46 cm to 51 cm) timber piles.
Fifty-six 24-in steel piles will be installed to support the main deck
of the shipping terminal and in addition 14, 24-in steel piles will be
installed behind the existing bulkhead. The existing fender piles will
be replaced by 13 16-in steel H-piles. Two 18-in to 20-in timber piles
will be installed on the south portion of the terminal. Vibratory and
impact hammers will be used for the installation and removal of all
piles (Table 1). Removal of piles will be conducted using a straight
pull method or vibratory hammers. After new piles are set with a
vibratory hammer, installed piles will be proofed with an impact hammer
to verify the structural capacity of the pile embedment. The work will
be completed at the existing Bellingham Shipping Terminal in
Bellingham, Washington. Work on the terminal will be completed within
1-year over 87 non-consecutive days. Sounds produced by these
activities may result in take, by Level A and Level B harassment, of
marine mammals located in Bellingham, Washington.
A detailed description of the planned construction project is
provided in the Federal Register notice for the proposed IHA (88 FR
65953, September 26, 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.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the Port of
Bellingham was published in the Federal Register on
[[Page 77973]]
September 26, 2023 (88 FR 65953). That notice described, in detail, the
Port of Bellingham's activity, the marine mammal species that may be
affected by the activity, 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.
During the 30-day public comment period, NMFS did not receive any
public comments.
Description of Marine Mammals in the Area of Specified Activities
Sections 4 and 5 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of the potentially affected species. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, instead of reprinting the information. Additional
information regarding population trends and threats may be found in
NMFS' Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) 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 to
be 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 to be 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. 2022 SARs. All values presented in Table 1 are the most
recent available at the time of publication (including from the final
2022 SARs) and are available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 1--Species Likely Impacted by the Specified Activities \1\
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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\
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Odontoceti (toothed whales, dolphins, and porpoises)
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Family Phocoenidae (porpoises):
Harbor porpoise................. Phocoena phocoena...... Washington Inland -,-; N 11,233 (0.37, 8,308, 66 >=7.2
Waters. 2015).
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Order Carnivora--Pinnipedia
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Family Otariidae (eared seals and
sea lions):
California Sea Lion............. Zalophus californianus. U.S.................... -,-; N 257,606 (N/A,233,515, 14,011 >321
2014).
Steller Sea Lion................ Eumetopias jubatus..... Eastern................ -,-; N 43,201 (N/A, 43,201, 2,592 112
2017).
Family Phocidae (earless seals):
Harbor Seal..................... Phoca vitulina......... Washington Northern -, -, N UNK (UNK, UNK, 1999).. UNK 9.8
Inland Waters.
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\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://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>; Committee on Taxonomy (2022)).
\2\ 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="https://www.nmfs.noaa.gov/pr/sars/">https://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 maintenance and rehabilitation of the Bellingham Shipping
Terminal 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
65953; September 26, 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
[[Page 77974]]
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.
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 and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Effects of Specified Activities on Marine Mammals and Their Habitat
This section provides a discussion of the ways in which components
of the specified activity may impact marine mammals and their habitat.
The Estimated Take of Marine Mammals section later in this document
includes a quantitative analysis of the number of individuals that are
expected to be taken by this activity. The Negligible Impact Analysis
and Determination section considers the content of this section, the
Estimated Take of Marine Mammals section, and the Mitigation section,
to draw conclusions regarding the likely impacts of these activities on
the reproductive success or survivorship of individuals and whether
those impacts are reasonably expected to, or reasonably likely to,
adversely affect the species or stock through effects on annual rates
of recruitment or survival.
Description of Sounds Sources
The marine soundscape is comprised of both ambient and
anthropogenic sounds. Ambient sound is defined as the all-encompassing
sound in a given place and is usually a composite of sound from many
sources both near and far. The sound level of an area is defined by the
total acoustical energy being generated by known and unknown sources.
These sources may include physical (e.g., waves, wind, precipitation,
earthquakes, ice, atmospheric sound), biological (e.g., sounds produced
by marine mammals, fish, and invertebrates), and anthropogenic sound
(e.g., vessels, dredging, aircraft, construction).
The sum of the various natural and anthropogenic sound sources at
any given location and time--which comprise ``ambient'' or
``background'' sound--depends not only on the source levels (as
determined by current weather conditions and levels of biological and
shipping activity) but also on the ability of sound to propagate
through the environment. In turn, sound propagation is dependent on the
spatially and temporally varying properties of the water column and sea
floor, and is frequency-dependent. As a result of the dependence on a
large number of varying factors, ambient sound levels can be expected
to vary widely over both coarse and fine spatial and temporal scales.
Sound levels at a given frequency and location can vary by 10 to 20 dB
from day to day (Richardson et al., 1995). The result is that,
depending on the source type and its intensity, sound from the
specified activity may be a negligible addition to the local
environment or could form a distinctive signal that may affect marine
mammals.
In-water construction activities associated with the project will
include impact pile driving, vibratory pile driving, and vibratory pile
removal. The sounds produced by these activities fall into one of two
general sound types: impulsive and non-impulsive. Impulsive sounds
(e.g., explosions, gunshots, sonic booms, impact pile driving) are
typically transient, brief (less than 1 second), broadband, and consist
of high peak sound pressure with rapid rise time and rapid decay (ANSI,
1986; NIOSH, 1998; ANSI, 2005; NMFS, 2018). Non-impulsive sounds (e.g.,
aircraft, machinery operations such as drilling or dredging, vibratory
pile driving, and active sonar systems) can be broadband, narrowband or
tonal, brief or prolonged (continuous or intermittent), and typically
do not have the high peak sound pressure with raid rise/decay time that
impulsive sounds do (ANSI, 1995; NIOSH, 1998; NMFS, 2018). The
distinction between these two sound types is important because they
have differing potential to cause physical effects, particularly with
regard to hearing (e.g., Ward, 1997 and Southall, et al. 2007).
Two types of pile hammers will be used on this project: impact and
vibratory. Impact hammers operate by
[[Page 77975]]
repeatedly dropping a heavy piston onto a pile to drive the pile into
the substrate. Sound generated by impact hammers is characterized by
rapid rise times and high peak levels, a potentially injurious
combination (Hastings and Popper, 2005). Vibratory hammers install
piles by vibrating them and allowing the weight of the hammer to push
them into the sediment. Vibratory hammers produce significantly less
sound than impact hammers. Peak sound pressure levels (SPLs) may be 180
dB or greater, but are generally 10 to 20 dB lower than SPLs generated
during impact pile driving of the same-sized pile (Oestman, et al.,
2009). Rise time is slower, reducing the probability and severity of
injury, and sound energy is distributed over a greater amount of time
(Nedwell and Edwards, 2002; Carlson, et al., 2005).
The likely or possible impacts of the Port of Bellingham's activity
on marine mammals could involve both non-acoustic and acoustic
stressors. Potential non-acoustic stressors include the physical
presence of the equipment and personnel; however, any impacts to marine
mammals are expected to primarily be acoustic in nature.
Auditory Effects
The introduction of anthropogenic noise into the aquatic
environment from pile driving and removal is the primary means by which
marine mammals may be harassed from the Port of Bellingham's specified
activity. In general, animals exposed to natural or anthropogenic sound
may experience physical and behavioral effects, ranging in magnitude
from none to severe (Southall et al., 2007 and Southall et al., 2021).
Exposure to pile driving noise has the potential to result in auditory
threshold shifts and behavioral reactions (e.g., avoidance, temporary
cessation of foraging and vocalizing, changes in dive behavior).
Exposure to anthropogenic noise can also lead to non-observable
physiological responses such an increase in stress hormones. Additional
noise in a marine mammal's habitat can mask acoustic cues used by
marine mammals to carry out daily functions such as communication and
predator and prey detection. The effects of pile driving noise on
marine mammals are dependent on several factors, including, but not
limited to, sound type (e.g., impulsive vs. non-impulsive), the
species, age and sex class (e.g., adult male vs. mom with calf),
duration of exposure, the distance between the pile and the animal,
received levels, behavior at time of exposure, and previous history
with exposure (Wartzok et al., 2004; Southall et al., 2007). Here we
discuss physical auditory effects (threshold shifts) followed by
behavioral effects and potential impacts on habitat.
NMFS defines a noise-induced threshold shift (TS) as a change,
usually an increase, in the threshold of audibility at a specified
frequency or portion of an individual's hearing range above a
previously established reference level (NMFS, 2018). The amount of
threshold shift is customarily expressed in dB. A TS can be permanent
or temporary. As described in NMFS (2018), there are numerous factors
to consider when examining the consequence of TS, including, but not
limited to, the signal temporal pattern (e.g., impulsive or non-
impulsive), likelihood an individual would be exposed for a long enough
duration or to a high enough level to induce a TS, the magnitude of the
TS, time to recovery (seconds to minutes or hours to days), the
frequency range of the exposure (i.e., spectral content), the hearing
and vocalization frequency range of the exposed species relative to the
signal's frequency spectrum (i.e., how animal uses sound within the
frequency band of the signal; e.g., Kastelein et al., 2014), and the
overlap between the animal and the source (e.g., spatial, temporal, and
spectral).
Permanent Threshold Shift (PTS)--NMFS defines PTS as a permanent,
irreversible increase in the threshold of audibility at a specified
frequency or portion of an individual's hearing range above a
previously established reference level (NMFS 2018). Available data from
humans and other terrestrial mammals indicate that a 40 dB threshold
shift approximates PTS onset (Ward et al., 1958, 1959; Ward, 1960;
Kryter et al., 1966; Miller, 1974; Ahroon et al., 1996; Henderson et
al., 2008). PTS levels for marine mammals are estimates, as with the
exception of a single study unintentionally inducing PTS in a harbor
seal (Kastak et al., 2008), there are no empirical data measuring PTS
in marine mammals largely due to the fact that, for various ethical
reasons, experiments involving anthropogenic noise exposure at levels
inducing PTS are not typically pursued or authorized (NMFS, 2018).
Temporary Threshold Shift (TTS)--A temporary, reversible increase
in the threshold of audibility at a specified frequency or portion of
an individual's hearing range above a previously established reference
level (NMFS, 2018). Based on data from cetacean TTS measurements
(Southall et al., 2007), a TTS of 6 dB is considered the minimum
threshold shift clearly larger than any day-to-day or session-to-
session variation in a subject's normal hearing ability (Schlundt et
al., 2000; Finneran et al., 2000, 2002). As described in Finneran
(2015), marine mammal studies have shown the amount of TTS increases
with cumulative sound exposure level (SELcum) in an accelerating
fashion: At low exposures with lower SELcum, the amount of TTS is
typically small and the growth curves have shallow slopes. At exposures
with higher higher SELcum, the growth curves become steeper and
approach linear relationships with the noise SEL.
Depending on the degree (elevation of threshold in dB), duration
(i.e., recovery time), and frequency range of TTS, and the context in
which it is experienced, TTS can have effects on marine mammals ranging
from discountable to serious (similar to those discussed in auditory
masking, below). For example, a marine mammal may be able to readily
compensate for a brief, relatively small amount of TTS in a non-
critical frequency range that takes place during a time when the animal
is traveling through the open ocean, where ambient noise is lower and
there are not as many competing sounds present. Alternatively, a larger
amount and longer duration of TTS sustained during time when
communication is critical for successful mother/calf interactions could
have more serious impacts. We note that reduced hearing sensitivity as
a simple function of aging has been observed in marine mammals, as well
as humans and other taxa (Southall et al., 2007), so we can infer that
strategies exist for coping with this condition to some degree, though
likely not without cost.
Currently, TTS data only exist for four species of cetaceans
(bottlenose dolphin (Tursiops truncatus), beluga whale (Delphinapterus
leucas), harbor porpoise, and Yangtze finless porpoise (Neophocoena
asiaeorientalis)) and five species of pinnipeds exposed to a limited
number of sound sources (i.e., mostly tones and octave-band noise) in
laboratory settings (Finneran, 2015). TTS was not observed in trained
spotted (Phoca largha) and ringed (Pusa hispida) seals exposed to
impulsive noise at levels matching previous predictions of TTS onset
(Reichmuth et al., 2016). In general, harbor seals and harbor porpoises
have a lower TTS onset than other measured pinniped or cetacean species
(Finneran, 2015). Additionally, the existing marine mammal TTS data
come from a limited number of individuals within these species. No data
are available on noise-induced hearing loss for mysticetes. For
summaries of data on TTS in marine mammals or for further discussion of
[[Page 77976]]
TTS onset thresholds, please see Southall et al. (2007), Finneran and
Jenkins (2012), Finneran (2015), and Table 5 in NMFS (2018).
Installing piles requires a combination of impact pile driving and
vibratory pile driving. For the project, these activities will not
occur at the same time and there will likely be pauses in activities
producing the sound during each day. Given these pauses and that many
marine mammals are likely moving through the action area and not
remaining for extended periods of time, the potential for TS declines.
Behavioral Effects
Exposure to noise from pile driving and removal also has the
potential to behaviorally disturb marine mammals. Available studies
show wide variation in response to underwater sound; therefore, it is
difficult to predict specifically how any given sound in a particular
instance might affect marine mammals perceiving the signal. If a marine
mammal does react briefly to an underwater sound by changing its
behavior or moving a small distance, the impacts of the change are
unlikely to be significant to the individual, let alone the stock or
population. However, if a sound source displaces marine mammals from an
important feeding or breeding area for a prolonged period, impacts on
individuals and populations could be significant (e.g., Lusseau and
Bejder, 2007; Weilgart, 2007; NRC, 2005, Southall et al., 2021).
Disturbance may result in changing durations of surfacing and
dives, number of blows per surfacing, or moving direction and/or speed;
reduced/increased vocal activities; changing/cessation of certain
behavioral activities (such as socializing or feeding); visible startle
response or aggressive behavior (such as tail/fluke slapping or jaw
clapping); avoidance of areas where sound sources are located.
Pinnipeds may increase their haul out time, possibly to avoid in-water
disturbance (Thorson and Reyff, 2006). Behavioral responses to sound
are highly variable and context-specific and any reactions depend on
numerous intrinsic and extrinsic factors (e.g., species, state of
maturity, experience, current activity, reproductive state, auditory
sensitivity, time of day), as well as the interplay between factors
(e.g., Richardson et al., 1995; Wartzok et al., 2003; Southall et al.,
2007, 2021; Weilgart, 2007; Archer et al., 2010). Behavioral reactions
can vary not only among individuals but also within exposures of an
individual, depending on previous experience with a sound source,
context, and numerous other factors (Ellison et al., 2012, Southall et
al., 2021), and can vary depending on characteristics associated with
the sound source (e.g., whether it is moving or stationary, number of
sources, distance from the source). In general, pinnipeds seem more
tolerant of, or at least habituate more quickly to, potentially
disturbing underwater sound than do cetaceans, and generally seem to be
less responsive to exposure to industrial sound than most cetaceans.
For a review of studies involving marine mammal behavioral responses to
sound, see Southall et al., 2007; Gomez et al., 2016; and Southall et
al., 2021 reviews.
Disruption of feeding behavior can be difficult to correlate with
anthropogenic sound exposure, so it is usually inferred by observed
displacement from known foraging areas, the appearance of secondary
indicators (e.g., bubble nets or sediment plumes), or changes in dive
behavior. As for other types of behavioral response, the frequency,
duration, and temporal pattern of signal presentation, as well as
differences in species sensitivity, are likely contributing factors to
differences in response in any given circumstance (e.g., Croll et al.,
2001; Nowacek et al., 2004; Madsen et al., 2006; Yazvenko et al.,
2007). A determination of whether foraging disruptions incur fitness
consequences would require information on or estimates of the energetic
requirements of the affected individuals and the relationship between
prey availability, foraging effort and success, and the life history
stage of the animal.
The area likely impacted by the project is relatively small
compared to the available habitat in the surrounding waters of the
Salish Sea.
In 2017, the U.S. Navy documented observations of marine mammals
during construction activities (i.e., pile driving) at the U.S. Coast
Guard Air Station Sector Field Office, Port Angeles, Washington (81 FR
67985, October 3, 2016). This project was roughly 60 miles (mi) (97
kilometers (km)) from the project cite and features that are very
similar (i.e. a shallow bay of the Salish Sea). In the marine mammal
monitoring report for that project (Northwest Environmental Consulting,
2018), 261 harbor seals were observed within the behavioral disturbance
zone during pile driving or drilling (i.e., documented as Level B
harassment take). Twelve California sea lions and 2 Steller sea lions
were observed within the disturbance zone during pile driving
activities. Six harbor porpoise were sighted in the Level B harassment
zone during construction. No visible signs of disturbance were noted
for any of these species that were present in the harassment zones.
Given the similarities in activities and habitat and the fact the same
species are involved, we expect similar behavioral responses of marine
mammals to the specified activity. That is, disturbance, if any, is
likely to be temporary and localized (e.g., small area movements).
Monitoring reports from other recent pile driving projects have
observed similar behaviors.
Masking--Sound can disrupt behavior through masking, or interfering
with, an animal's ability to detect, recognize, or discriminate between
acoustic signals of interest (e.g., those used for intraspecific
communication and social interactions, prey detection, predator
avoidance, navigation) (Richardson et al., 1995). Masking occurs when
the receipt of a sound is interfered with by another coincident sound
at similar frequencies and at similar or higher intensity, and may
occur whether the sound is natural (e.g., snapping shrimp, wind, waves,
precipitation) or anthropogenic (e.g., pile driving, shipping, sonar,
seismic exploration) in origin. The ability of a noise source to mask
biologically important sounds depends on the characteristics of both
the noise source and the signal of interest (e.g., signal-to-noise
ratio, temporal variability, direction), in relation to each other and
to an animal's hearing abilities (e.g., sensitivity, frequency range,
critical ratios, frequency discrimination, directional discrimination,
age or TTS hearing loss), and existing ambient noise and propagation
conditions. Masking of natural sounds can result when human activities
produce high levels of background sound at frequencies important to
marine mammals. Conversely, if the background level of underwater sound
is high (e.g., on a day with strong wind and high waves), an
anthropogenic sound source would not be detectable as far away as would
be possible under quieter conditions and would itself be masked.
Bellingham Bay is home to a busy industrial ports as well as large
numbers small private vessels that transit the area on a regular basis;
therefore, background sound levels in the bay are already elevated.
Airborne Acoustic Effects--Pinnipeds that occur near the project
site could be exposed to airborne sounds associated with pile driving
and removal that have the potential to cause behavioral harassment,
depending on their distance from pile driving activities. Cetaceans are
not expected to be exposed to airborne sounds that will result in
harassment as defined under the MMPA.
[[Page 77977]]
Airborne noise will primarily be an issue for pinnipeds that are
swimming or hauled out near the project site within the range of noise
levels exceeding the acoustic thresholds. We recognize that pinnipeds
in the water could be exposed to airborne sound that may result in
behavioral harassment when looking with their heads above water. Most
likely, airborne sound will cause behavioral responses similar to those
discussed above in relation to underwater sound. For instance,
anthropogenic sound could cause hauled-out pinnipeds to exhibit changes
in their normal behavior, such as reduction in vocalizations, or cause
them to temporarily abandon the area and move further from the source.
However, these animals will previously have been ``taken'' because of
exposure to underwater sound above the behavioral harassment
thresholds, which are in all cases larger than those associated with
airborne sound. Thus, the behavioral harassment of these animals is
already accounted for in these estimates of potential take. Therefore,
we do not believe that authorization of incidental take resulting from
airborne sound for pinnipeds is warranted, and airborne sound is not
discussed further here.
Marine Mammal Habitat Effects
The effects of underwater noise from the Port of Bellingham's
construction activities have the potential to result in behavioral
harassment of marine mammals in the vicinity of the project area. The
notice of proposed IHA (88 FR 65953; September 26, 2023) included a
discussion of the effects of anthropogenic noise on marine mammals and
the potential effects of underwater noise from Port of Bellingham's
construction 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 proposed IHA (88 FR 65953; September 26, 2023).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
for authorization through this IHA, which will inform 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 will primarily be by Level B harassment, as use of
the construction (i.e., pile driving) has the potential to result in
disruption of behavioral patterns for individual marine mammals. There
is also some potential for auditory injury (Level A harassment) to
result, primarily for phocids. Auditory injury is unlikely to occur for
other authorized species. The mitigation and monitoring measures are
expected to minimize the severity of the taking to the extent
practicable.
As described previously, no serious injury or mortality is
anticipated or to be authorized for this activity. Below we describe
how the take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
will be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur 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 microPascal [mu]Pa)) for continuous (e.g.,
vibratory pile driving) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., impact pile driving) 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 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 will not otherwise occur.
The Port of Bellingham's activity includes the use of continuous
(vibratory driving and removal) and impulsive (impact pile driving),
and therefore the RMS SPL thresholds of 120 and 160 dB re 1 [mu]Pa are
applicable. Originally the applicant had recommended a RMS SPL
thresholds of 130 1 [mu]Pa to predict take by Level B harassment, based
on ambient sound measurements in Bassett et al. (2010). After further
review of measurements in the area, the mean underwater noise levels
was 117 re 1 [mu]Pa and, therefore, NMFS determined the 120 RMS SPL
threshold was more appropriate for calculating the level B harassment
zone.
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
[[Page 77978]]
exposure to noise from two different types of sources (impulsive or
non-impulsive). The Port of Bellingham's activity includes the use of
(impact pile driving) and non-impulsive (vibratory pile driving and
removal) sources.
These thresholds are provided in the table below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS' 2018 Technical Guidance, which may be accessed at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">https://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: 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[micro]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, vibratory pile
driving and removal). The maximum (underwater) area ensonified above
the thresholds for behavioral harassment referenced above is 11.66
km\2\ (7.25 mi\2\), and will consist of the majority of Bellingham Bay
(see Figure 10 in the IHA application). Additionally, vessel traffic
and other commercial and industrial activities in the project area may
contribute to elevated background noise levels which may mask sounds
produced by the project.
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 assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. 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[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[range]). A
practical spreading value of 15 is often used under conditions, such as
the project site, where water increases with depth as the receiver
moves away from the shoreline, resulting in an expected propagation
environment that will lie between spherical and cylindrical spreading
loss conditions. Practical spreading loss is assumed here.
The intensity of pile driving sounds is greatly influenced by
factors such as the type of piles, hammers, and the physical
environment in which the activity takes place. In order to calculate
the distances to the Level A harassment and the Level B harassment
sound thresholds for the methods and piles being used in this project,
NMFS used acoustic monitoring data from other locations to develop
proxy source levels for the various pile types, sizes and methods. The
project includes vibratory and impact pile installation of steel and
timber piles and vibratory removal of steel and timber piles. Pile
sizes range from 14-in to 24-in, and the applicant has decided to
implement mitigation and monitoring measures and take estimates
associated with 24-in. piles for all pile types and sizes. Source
levels for the 24-in. pile size and driving methods are presented in
Table 4. The source levels for vibratory and impact installation of 24-
in. steel piles are based on the averaged source level of the same type
of pile reported by California Department of Transportation (Caltrans)
in pile driving source level compendium documents (Caltrans, 2015,
2020).
[[Page 77979]]
Table 4--Proxy Sound Source Levels for Pile Sizes and Driving Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proxy source level
-------------------------------------------------------------
Pile size Method dB RMS re dB SEL re dB peak re Literature source
1[micro]Pa 1[micro]Pa\2\sec 1[micro]Pa
--------------------------------------------------------------------------------------------------------------------------------------------------------
24 in.............................. Vibratory............ 166 N/A N/A Caltrans 2020.
24 in.............................. Impact............... 190 174 203 Caltrans 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The ensonified area associated with Level A harassment is more
technically challenging to predict due to the need to account for a
duration component. Therefore, NMFS developed an optional User
Spreadsheet tool to accompany the Technical Guidance that can be used
to relatively simply predict an isopleth distance for use in
conjunction with marine mammal density or occurrence to help predict
potential takes. We note that because of some of the assumptions
included in the methods underlying this optional tool, we anticipate
that the resulting isopleth estimates are typically going to be
overestimates of some degree, which may result in an overestimate of
potential take by Level A harassment. However, this optional tool
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources such as impact or vibratory pile driving and
removal, the optional User Spreadsheet tool predicts the distance at
which, if a marine mammal remained at that distance for the duration of
the activity, it will be expected to incur PTS. Inputs used in the
optional User Spreadsheet tool, and the resulting estimated isopleths,
are reported below.
Although many different pile types and sizes are to be used during
the construction project, the Port of Bellingham is implementing
mitigation and reporting measures and take estimates for the 24-in.
steel pipe piles. Use of this pile size results in the largest Level A
and Level B harassment zones and most conservative mitigation measures.
Therefore the only calculations the applicant ran were using the 24-in.
piles. The applicant also plans to limit the number of impact strikes
per day for all piles to 1,725 and the vibratory install of all piles
to 90 minutes per day and the vibratory removal of all piles to 30
minutes per day.
Table 5--User Spreadsheet Input Parameters Used for Calculating Level A Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
Weighting
factor Number of Number of Activity
Pile size and installation method Spreadsheet tab used adjustment strikes per piles per duration
(kHz) pile day (minutes)
----------------------------------------------------------------------------------------------------------------
24-in vibratory installation...... A.1 Vibratory pile 2.5 N/A 1 90
driving.
24-in vibratory removal........... A.1 Vibratory pile 2.5 N/A 1 30
driving.
24-in impact installation......... E.1 Impact pile 2 1,725 1 N/A
driving.
----------------------------------------------------------------------------------------------------------------
Table 6--Calculated Level A and Level B Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
Level A harassment zone (m)
--------------------------------------- Level B
Activity HF- harassment
cetaceans Phocids Otariids zone (m)
----------------------------------------------------------------------------------------------------------------
24-in vibratory installation............................. 29 12 1 11,659
24-in vibratory removal (temporary)...................... 14 6 1
24-in impact installation (1 pile per day; 1,725 strikes 430 193 14 25
per pile)...............................................
----------------------------------------------------------------------------------------------------------------
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.
When available, peer-reviewed scientific publications were used to
estimate marine mammal abundance in the project area. Some data from
monitoring reports from previous projects near Bellingham Bay were
used. However, scientific surveys and resulting data, such as
population estimates, densities, and other quantitative information,
are lacking for some marine mammal populations. Therefore, the
applicant gathered qualitative information from discussions with
knowledgeable local people in the Bellingham Bay area.
Here we describe how the information provided is synthesized to
produce a quantitative estimate of the take that is reasonably likely
to occur and for authorization. Since reliable densities are not
available, the applicant requests take based on the maximum number of
animals that may occur in the harbor in a specified measure of time
multiplied by the total duration of the activity.
Harbor Porpoise
The applicant did not initially request take of harbor porpoise for
this project. Harbor porpoises are known to be an inconspicuous species
and are challenging for protected species observers (PSOs) to sight,
making any approach to a specific area potentially difficult to detect.
Because harbor porpoises move quickly and elusively, it is possible
that they may enter the Level B harassment zone during vibratory pile
driving and removal. NMFS reviewed monitoring data from the 2017 U.S.
Navy construction project at the Coast Guard Air Station in Port
Angeles, Washington in order to determine a take estimate for harbor
porpoise.
During that project the Level B harassment zone was 13.6 km (8.6
mi) which could only partially be observed by monitors during the
project. Therefore, take estimates were
[[Page 77980]]
extrapolated from the observations to account for unobserved area where
take may have occurred. It was assumed that 87 takes by Level B
harassment may have occurred in the unobserved area, for a total of 93
takes during the project. Given 93 total takes it was expected that 3
harbor porpoise were taken per day during the construction project
(Northwest Environmental Consulting, 2018). Thus, NMFS recommended 3
animals per day for a total of 261 takes by Level B harassment.
The largest Level A harassment zone results from impact driving of
24-in piles, and extends 430 m from the source for high frequency
cetaceans (Table 7). The Port of Bellingham will implement a shutdown
zone for harbor porpoises that encompasses the largest Level A
harassment zone (see Mitigation section). Although harbor porpoises can
be challenging to observe, given the relatively confined and observable
ensonified area combined with the fact that harbor porpoises are
generally considered more likely than some other species to avoid
louder areas of higher activity, takes by Level A harassment has not
been authorized.
California Sea Lion
California sea lions are infrequent visitors to Bellingham Bay. It
is expected that the occasional presence of California sea lions will
occur during the fall and winter following forage (fish runs) into the
bay. Based on anecdotal evidence from port staff sightings, the
applicants estimated that one California sea lion per day may enter the
Level B harassment zone during vibratory pile driving and removal. The
total number of takes by Level B harassment will be 87 California sea
lions.
The largest Level A harassment zone for otariid pinnipeds extends
14 m from the source (Table 7). The Port of Bellingham is planning to
implement larger shutdown zones than the Level A harassment zones
during all pile installation and removal activities (see Mitigation
section), which is expected to eliminate the potential for take by
Level A harassment of California sea lions. Therefore, no takes of
California sea lions by Level A harassment were requested or are
authorized.
Steller Sea Lions
Steller sea lions from the eastern DPS, are also rare visitors to
Bellingham Bay that typically occur during the fall and winter
following prey into the bay. Based on anecdotal evidence from port
staff sightings, the applicants estimated that one Steller sea lion per
day may enter the Level B harassment zone during vibratory pile driving
and removal. The total number of takes by Level B harassment will be 87
Steller sea lions.
Similar to California sea lions, the largest Level A harassment
zone for otariid pinnipeds extends 14 m from the source (Table 7). The
Port of Bellingham is planning to implement larger shutdown zones than
the Level A harassment zones during all pile installation and removal
activities (see Mitigation section), which is expected to eliminate the
potential for take by Level A harassment of Steller sea lions.
Therefore, no takes of Steller sea lions by Level A harassment were
requested or are authorized.
Harbor Seal
The applicant originally estimated that up to 15 harbor seals per
day could be taken by Level A harassment during impact driving and 20
harbor seals per day could be taken by Level B harassment during
vibratory pile driving and removal. The applicant expected to take 275
harbor seals by Level A harassment and 2,000 seals by Level B
harassment.
After further analysis of the survey data provided by the applicant
the NMFS recommended a daily rate of 7.7 harbor seals per day in the
project area per haulout. The Level B harassment zone encompasses three
haulouts and it is expected that roughly the same amount of seals
haulout at each location per day. It is expected that up to 23 harbor
seals per day could be present in the Level B harassment zone during
vibratory pile driving and removal. Therefore, NMFS expects that 2,029
harbor seal takes by Level B harassment over the course of
constructions.
The largest Level A harassment zone for phocid pinnipeds extends
193 m from the source (Table 7). The Port of Bellingham expressed
concern with the ability to complete work in an efficient manner with
the common occurence of harbor seals in the project area. The applicant
and NMFS agreed on the implementation of a 50 m shutdown zone in order
to shutdown for those animals closest to the pile driving activity but
allow for pile driving to continue for animals that may beyond 50 m
(see Mitigation section). It is expected that 7.7 harbor seals per day
may be subject to Level A harassment during 17 days of impact pile
driving for a total of 264 takes by Level A harassment.
Table 7--Estimated Take by Level A and Level B Harassment, by Species and Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Take as
Common name Stock Stock Level A Level B Total take percentage
abundance \a\ of stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise................................. Washington Inland Waters.......... 11,233 0 261 261 2.3
Steller sea lion................................ Eastern U.S....................... 43,201 0 87 87 .2
California sea lion............................. U.S............................... 257,606 0 87 87 <0.1
Harbor seal..................................... Lynn Canal/Stephens Passage....... \b\ 7,513 264 2,029 3,050 30.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Stock or DPS size is Nbest according to NMFS 2022 Final Stock Assessment Reports.
\b\ Stock abundance estimate derived from Jefferson et al. 2021.
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species. 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:
[[Page 77981]]
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned), and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations.
The following measures will apply to the Port of Bellingham's
mitigation requirements:
Implementation of Shutdown Zones for Level A Harassment--For all
pile driving/removal activities, the Port of Bellingham will implement
shutdowns within designated zones. The purpose of a shutdown zone is
generally to define an area within which shutdown of activity will
occur upon sighting of a marine mammal (or in anticipation of an animal
entering the defined area). Implementation of shutdowns will be used to
avoid or minimize incidental Level A harassment exposures from
vibratory and impact pile driving for all four species for which take
may occur (see Table 7). Shutdown zones for impact and vibratory pile
driving activities are based on the Level A harassment zones for the
24-in steel piles, strikes (impact) or duration (vibratory) per day,
and marine mammal hearing group (Table 8). The shutdown zone for harbor
seals during impact pile driving is less that the Level A harassment
zone in order to facilitate efficient work operations during the
project. The placement of PSOs during all pile driving activities
(described in detail in the Monitoring and Reporting Section) will
ensure the full extent of shutdown zones are visible to PSOs.
Table 8--Shutdown Zones During Pile Installation and Removal
------------------------------------------------------------------------
Shutdown zones (m)
Activity ------------------------------------------
HF cetaceans Phocids Otariids
------------------------------------------------------------------------
Vibratory installation (90 30 20 10
minutes)....................
Vibratory removal (30 20 10 10
minutes)....................
Impact installation (1,725 430 50 20
strikes)....................
------------------------------------------------------------------------
Establishment of Monitoring Zones--The Port of Bellingham has
identified monitoring zones that will be in effect for all pile driving
activities. Vibratory installation and removal is expected to occur on
all day of construction and the zone for 24-in steel piles will be
implemented at all times (Table 9) Monitoring zones provide utility for
observing by establishing monitoring protocols for areas adjacent to
the shutdown zones. Monitoring zones enable observers to be aware of
and communicate the presence of marine mammals in the project area
outside the shutdown zone and thus prepare for a potential cease of
activity should the animal enter the shutdown zone. PSOs will monitor
the entire visible area to maintain the best sense of where animals are
moving relative to the zone boundaries defined in Tables 8 and 9.
Placement of PSOs on the on the Port of Bellingham facility or in a
small boat in the Bellingham Bay will allow PSOs to observe marine
mammals within and near the bay.
Table 9--Marine Mammal Monitoring Zone
------------------------------------------------------------------------
Monitoring zone
Activity (m)
------------------------------------------------------------------------
24-in vibratory installation and removal............ 11,660
------------------------------------------------------------------------
Soft Start--The use of soft-start procedures are believed to
provide additional protection to marine mammals by providing warning
and/or giving marine mammals a chance to leave the area prior to the
hammer operating at full capacity. For impact pile driving, contractors
will be required to provide an initial set of strikes from the hammer
at reduced energy, with each strike followed by a 30-second waiting
period. This procedure will be conducted a total of three times before
impact pile driving begins. Soft start will be implemented at the start
of each day's impact pile driving and at any time following cessation
of impact pile driving for a period of 30 minutes or longer. Soft start
is not required during vibratory pile driving and removal activities.
Pre-Activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving/removal of
30 minutes or longer occurs, PSOs will observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone will be
considered cleared when a marine mammal has not been observed within
the zone for that 30-minute period. If a marine mammal is observed
within the shutdown zone, a soft-start cannot proceed until the animal
has left the zone or has not been observed for 15 minutes. If the
monitoring zone has been observed for 30 minutes and marine mammals are
not present within the zone, soft-start procedures can commence and
work can continue. When a marine mammal permitted for take by Level B
harassment is present in the Level B harassment zone, activities may
begin. No work may begin unless the entire shutdown zone is visible to
the PSOs. If work ceases for more than 30 minutes, the pre-activity
monitoring of both the monitoring zone and shutdown zone will commence.
Bubble Curtin--A bubble curtain will be employed during impact
installation or proofing of steel piles. A noise attenuation device
will not be required during vibratory pile driving. If a bubble curtain
or similar measure is used, it will distribute air bubbles around 100
percent of the piling perimeter for the full depth of the water column.
Any other attenuation measure will be required to provide 100 percent
coverage in the water column for the
[[Page 77982]]
full depth of the pile. The lowest bubble ring will be in contact with
the mudline for the full circumference of the ring. The weights
attached to the bottom ring will ensure 100 percent mudline contact. No
parts of the ring or other objects will prevent full mudline contact.
Based on our evaluation of the applicant's measures, NMFS has
preliminarily determined that the mitigation measures provide the means
of effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the 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
Monitoring shall be conducted by NMFS-approved observers in
accordance with section 13.2 of the application. Trained observers
shall be placed from the best vantage point(s) practicable to monitor
for marine mammals and implement shutdown or delay procedures when
applicable through communication with the equipment operator. Observer
training must be provided prior to project start, and shall include
instruction on species identification (sufficient to distinguish the
species in the project area), description and categorization of
observed behaviors and interpretation of behaviors that may be
construed as being reactions to the specified activity, proper
completion of data forms, and other basic components of biological
monitoring, including tracking of observed animals or groups of animals
such that repeat sound exposures may be attributed to individuals (to
the extent possible).
Monitoring will be conducted 30 minutes before, during, and 30
minutes after pile driving/removal activities. In addition, observers
shall record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving/
removal 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.
A minimum of one PSO will be on duty during impact pile driving
activities and a minimum of two PSOs during vibratory installation/
removal. Locations from which PSOs will be able to monitor for marine
mammals are readily available from the Port of Bellingham property and,
if necessary, on small boats in Bellingham Bay. PSOs will monitor for
marine mammals entering the Level B harassment zones; the position(s)
may vary based on construction activity and location of piles or
equipment.
PSOs will scan the waters using binoculars and will use a handheld
range-finder device to verify the distance to each sighting from the
project site. All PSOs will be trained in marine mammal identification
and behaviors and are required to have no other project-related tasks
while conducting monitoring. In addition, monitoring will be conducted
by qualified observers, who will be placed at the best vantage point(s)
practicable to monitor for marine mammals and implement shutdown/delay
procedures when applicable by calling for the shutdown to the hammer
operator via a radio. The Port of Bellingham will adhere to the
following observer qualifications:
(i) Independent observers (i.e., not construction personnel) are
required;
(ii) One PSO will be designated as the lead PSO or monitoring
coordinator and that observer must have prior experience working as an
observer;
(iii) Other observers may substitute education (degree in
biological science or related field) or training for experience; and
(iv) The applicant must submit observer Curriculum Vitaes for
approval by NMFS.
Additional standard observer qualifications include:
<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 and times when in-water construction
activities were suspended to avoid potential incidental injury from
construction sound of marine mammals observed within a defined shutdown
zone; and marine mammal behavior; and
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
Reporting
A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities. It will include an overall description of work completed, a
narrative regarding marine mammal sightings, and
[[Page 77983]]
associated PSO data sheets. Specifically, the report must include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring.
<bullet> Construction activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., impact driving) and the total
equipment duration for cutting for each pile or total 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: Name of PSO who sighted the animal(s) and PSO location and
activity at time of sighting; Time of sighting; 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; Distance and bearing of each
marine mammal observed relative to the pile being driven for each
sighting (if pile driving was occurring at time of sighting); Estimated
number of animals (min/max/best estimate); Estimated number of animals
by cohort (adults, juveniles, neonates, group composition, etc.);
Animal's closest point of approach and estimated time spent within the
harassment zone; 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.
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting changes in behavior of the
animal(s), if any.
If no comments are received from NMFS within 30 days, the draft
final report will constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury, serious injury or mortality, the Port
of Bellingham will immediately cease the specified activities and
report the incident to the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS, and the Alaska Regional
Stranding Coordinator. The report will include the following
information:
<bullet> Description of the incident;
<bullet> Environmental conditions (e.g., Beaufort sea state,
visibility);
<bullet> Description of all marine mammal observations in the 24
hours preceding the incident;
<bullet> Species identification or description of the animal(s)
involved;
<bullet> Fate of the animal(s); and
<bullet> Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with the Port of
Bellingham to determine what is necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. The Port of
Bellingham will not be able to resume their activities until notified
by NMFS via letter, email, or telephone.
In the event that the Port of Bellingham discovers an injured or
dead marine mammal, and the lead PSO determines that the cause of the
injury or death is unknown and the death is relatively recent (e.g., in
less than a moderate state of decomposition as described in the next
paragraph), the Port of Bellingham will immediately report the incident
to the Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#673735492e3337492a08090e1308150e090035021708151314270908060649000811"><span class="__cf_email__" data-cfemail="6434364a2d30344a290b0a0d100b160d0a033601140b161017240a0b05054a030b12">[email protected]</span></a>), NMFS and to the West Coast Region
regional stranding coordinator as soon as feasible. The report will
include the same information identified in the paragraph above.
Activities will be able to continue while NMFS reviews the
circumstances of the incident. NMFS will work with the Port of
Bellingham to determine whether modifications in the activities are
appropriate.
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 4033;
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 7, 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 A harassment and 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 A or Level B harassment identified above
when these activities are underway.
Take by Level A and Level B harassment will be due to potential
behavioral disturbance, TTS, and PTS. No serious injury or mortality is
anticipated or for authorization given
[[Page 77984]]
the nature of the activity and measures designed to minimize the
possibility of injury to marine mammals. Take by Level A harassment is
only anticipated for harbor seal. The potential for harassment is
minimized through the construction method and the implementation of the
planned mitigation measures (see Mitigation section).
Based on reports in the literature as well as monitoring from other
similar activities, behavioral disturbance (i.e., Level B harassment)
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 for pile driving, individuals would
simply move away from the sound source and be temporarily displaced
from the areas of pile driving, although even this reaction has been
observed primarily only in association with impact pile driving. The
pile driving activities analyzed here are similar to, or less impactful
than, numerous other construction activities conducted in Washington,
which have taken place with no observed severe responses of any
individuals or known long-term adverse consequences. Level B harassment
would be reduced to the level of least practicable adverse impact
through use of mitigation measures described herein and, if sound
produced by project activities is sufficiently disturbing, animals are
likely to simply avoid the area while the activity is occurring. While
vibratory driving associated with the project may produce sound at
distances of many kilometers from the project site, thus overlapping
with some likely less-disturbed habitat, the project site itself is
located in a busy harbor and the majority of sound fields produced by
the specified activities are close to the harbor. Animals disturbed by
project sound would be expected to avoid the area and use nearby
higher-quality habitats.
In addition to the expected effects resulting from authorized Level
B harassment, we anticipate that harbor seals may sustain some limited
Level A harassment in the form of auditory injury. However, animals in
these locations that experience PTS would likely only receive slight
PTS, i.e., minor degradation of hearing capabilities within regions of
hearing that align most completely with the energy produced by pile
driving, i.e., the low-frequency region below 2 kilohertz (kHz), not
severe hearing impairment or impairment in the regions of greatest
hearing sensitivity. If hearing impairment occurs, it is most likely
that the affected animal would lose a few decibels in its hearing
sensitivity, which in most cases is not likely to meaningfully affect
its ability to forage and communicate with conspecifics. As described
above, we expect that marine mammals would be likely to move away from
a sound source that represents an aversive stimulus, especially at
levels that would be expected to result in PTS, given sufficient notice
through use of soft start.
The project also is not expected to have significant adverse
effects on affected marine mammals' habitat. The project activities
will not modify existing marine mammal habitat for a significant amount
of time. The activities may cause some fish or invertebrates to leave
the area of disturbance, thus temporarily impacting marine mammals'
foraging opportunities in a limited portion of the foraging range; but,
because of the short duration of the activities, the relatively small
area of the habitat that may be affected, and the availability of
nearby habitat of similar or higher value, the impacts to marine mammal
habitat are not expected to cause significant or long-term negative
consequences.
In summary and as described above, the following factors primarily
support our 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> Any Level A harassment exposures (i.e., to harbor seals,
only) are anticipated to result in slight PTS (i.e., of a few
decibels), within the lower frequencies associated with pile driving;
<bullet> The anticipated incidents of Level B harassment will
consist of, at worst, temporary modifications in behavior that will not
result in fitness impacts to individuals;
<bullet> The ensonifed areas from the project is very small
relative to the overall habitat ranges of all species and stocks;
<bullet> or any other areas of known biological importance; with
the exception of three haulout locations in Bellingham Bay that will be
affected by the project. Currently those haulout locations are not
known to be pupping locations for harbor seals but are important areas
throughout the year. Harbor seals at these haulouts will likely result
in repeated exposure of the same animals. Repeated exposures of
individuals to this pile driving activity could cause Level A and Level
B harassment but are unlikely to considerably disrupt foraging behavior
or result in significant decrease in fitness, reproduction, or survival
for the affected individuals. In all, there will be no adverse impacts
to the stock as a whole.
<bullet> The mitigation measures are expected to reduce the effects
of the specified activity to the level of least practicable adverse
impact.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS preliminarily finds that the total marine mammal take
from the activity will have a negligible impact on all affected marine
mammal species or stocks.
Small Numbers
As noted 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.
Table 7 demonstrates the number of instances in which individuals
of a given species could be exposed to receive noise levels that could
cause Level A and Level B harassment for the work in Bellingham Bay.
Our analysis shows that less than 3 percent of all but one stock could
be taken by harassment, and less than 30 percent of harbor seals,
noting that the percentage of individual harbor seals is likely notably
lower because some portion of the estimated instances of take are
expected to represent repeated takes of the same individuals on
multiple days. The numbers of animals to be taken for these stocks will
be considered small relative to the relevant stock's abundances, even
if each estimated taking occurred to a new individual--an extremely
unlikely scenario.
Based on the analysis contained herein of the activity (including
the
[[Page 77985]]
mitigation and monitoring measures) and the anticipated take of marine
mammals, NMFS preliminarily finds that small numbers of marine mammals
will be taken relative to the population size of the affected species
or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks will not
have an unmitigable adverse impact on the availability of such species
or stocks for taking for subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act 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 for authorization 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 NAO 216-6A, which do not
individually or cumulatively have the potential for significant impacts
on the quality of the human environment and for which we have not
identified any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of the final IHA qualifies to be categorically excluded from
further NEPA review.
Authorization
NMFS has issued an IHA to the Port of Bellingham for the potential
harassment of small numbers of three marine mammal species incidental
to the maintenance and rehabilitation of the Bellingham Shipping
Terminal project in Bellingham, WA, that includes the previously
explained mitigation, monitoring and reporting requirements.
Dated: November 7, 2023.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-24977 Filed 11-13-23; 8:45 am]
BILLING CODE 3510-22-P
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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.