Notice2024-07565
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Columbia Gulf East Lateral XPRESS Project
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
April 10, 2024
Effective
December 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Pursuant to 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 Columbia Gulf, LLC (Columbia Gulf) to incidentally harass, by Level B harassment only, marine mammals during pile driving activities associated with the East Lateral XPRESS construction project (the Project) in Barataria Bay, Louisiana. There are no changes from the proposed authorization in this final authorization.
Full Text
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<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25238-25249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07565]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD550]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Columbia Gulf East Lateral XPRESS
Project
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: Pursuant to 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
Columbia Gulf, LLC (Columbia Gulf) to incidentally harass, by Level B
harassment only, marine mammals during pile driving activities
associated with the East Lateral XPRESS construction project (the
Project) in Barataria Bay, Louisiana. There are no changes from the
proposed authorization in this final authorization.
DATES: This authorization is effective from December 1, 2023, to
November 30, 2024.
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/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, 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 monitoring and
reporting of the takings. The definitions of all applicable MMPA
statutory terms cited above are included in the relevant sections
below.
Summary of Request
On March 3, 2023, NMFS received a request from TC Energy/Columbia
Gulf Transmission, LLC for an IHA to take marine mammals incidental to
construction activities that include pile driving to install: (1) a
point of delivery metering station (POD), and (2) a tie-in facility
(TIF) in Barataria Bay. The Project is intended to provide feed fuel
for on-shore Liquefied Natural Gas (LNG) compressor stations. The
application was deemed adequate and complete on June 5, 2023. Columbia
Gulf's request is for take of bottlenose dolphin (Tursiops truncatus,
Barataria Bay Estuarine System stock, BBES) by Level B harassment only.
Neither Columbia Gulf nor NMFS expects serious injury or mortality to
result from this activity and, therefore, an IHA is appropriate.
Description of Specified Activity
Overview
Columbia Gulf proposes to construct two new compressor stations, a
new meter station, approximately 8 miles (13 kilometers) of new 30-inch
diameter natural gas pipeline lateral, two new mainline valves, a TIF,
launcher and receiver facilities, and other auxiliary appurtenant
facilities all located in St. Mary, Lafourche, Jefferson, and
Plaquemines parishes, Louisiana. A summary of all construction
activities necessary to complete all elements of the Project are shown
in table 1.
Table 1--All Elements of the Project
[Bolded elements include in-water activities that may result in the take of marine mammals]
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Pipeline milepost
Facility Parish location Description
----------------------------------------------------------------------------------------------------------------
Pipeline Facilities
----------------------------------------------------------------------------------------------------------------
30-inch Pipeline Lateral........... Jefferson............. 0.00-2.47............. Install approximately 13.1
Plaquemines........... 2.47-8.14............. kilometers (8.14) miles of
new 30-inch- diameter
pipeline lateral.
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[[Page 25239]]
Aboveground Facilities
----------------------------------------------------------------------------------------------------------------
Centerville Compressor Station..... St. Mary.............. 66.50 \a\, 66.70 \b\, Construct a new gas-fired
67.00 \c\. compressor station with a
23,470 hp compressor unit,
which will interconnect
with Columbia Gulf's
existing EL-100, EL-200,
and EL-300 pipelines.
----------------------------------------------------------------------------------------------------------------
Golden Meadow Compressor Station... Lafourche............. 149.50 \c\............ Construct a new gas-fired
compressor station with a
23,470 hp compressor unit,
which will interconnect
with Columbia Gulf's
existing EL-300 pipeline.
Point of Delivery Meter Station.... Plaquemines........... 8.14.................. Construct one POD meter
station at the terminus of
the new 30-inch pipeline
lateral on an existing
platform shared with
Venture Global Gator
Express, LLC. A 30-inch
pig receiver will also be
installed at the POD Meter
Station.
Tie-in Facility.................... Jefferson............. 0.00.................. Install a new TIF situated
on a new platform at the
intersection of the new 30-
inch pipeline and Columbia
Gulf's existing EL-300
pipeline. A 30-inch pig
launcher will also be
Installed at the TIF.
Valves and Other Ancillary Jefferson............. 0.00, 1.71 \c\........ Install one new 30-inch
Facilities. mainline valve assembly on
the new 30-inch pipeline
lateral and one new 24-
inch mainline valve
assembly Columbia Gulf's
existing EL-300 pipeline.
Both mainline valve
assemblies will be
situated on the new TIF
platform.
----------------------------------------------------------------------------------------------------------------
\a\ Milepost is associated with Columbia Gulf's existing EL-100 pipeline.
\b\ Milepost is associated with Columbia Gulf's existing EL-200 pipeline.
\c\ Milepost is associated with Columbia Gulf's existing EL-300 pipeline.
Construction of the Project will temporarily impact 2.79 acres,
permanently alter 0.02 acres and include in-water activity that may
result in take of marine mammals in Barataria Bay. Specifically, in
order to provide fuel supply services to onshore LNG compressor
stations, Columbia Gulf proposes pile driving to construct a new POD
Meter Station on an existing platform and a new TIF at the terminus of
a new 30-inch lateral pipeline. Project activities include
installation, by impact hammer, of 20 18-inch concrete piles and 104
36-inch spun cast piles. The new POD Meter Station will include the
installation of three 16-inch meter runs and related facilities. The
new POD Meter Station will be constructed at the site of an existing
platform, and construction will require the installation of four new
18-inch square concrete piles to protect a 30-inch- diameter riser.
Pipelines will be installed by jetting and dredging with displaced
sediment precipitating back to the substrate or being side-cast
adjacent to the trench, respectively.
The new TIF will be situated on a new 180 foot (ft; 55 meter (m))
long by 80 ft (24.3 m) wide platform supported by 104 36-inch-diameter
spun cast and 4 18-inch-diameter concrete piles. Two 24-inch-diameter
and one 30-inch-diameter risers will be protected by 12 8-inch diameter
concrete piles. The TIF will include a boat landing measuring 10 ft (3
m) long by 10 ft (3 m) wide that will be used for maintenance and
servicing of the platform.
Dates and Duration
Construction was planned to begin in January 2024 in order to meet
a planned in-service date of April 2025. Pile driving within Barataria
Bay will occur within a 3 month period within the 1-year effective
dates of the IHA, from December 1, 2023, through November 30, 2024.
Pile driving activity will be intermittent, conducted in accordance
with project phasing requirements, and as such will not be continuous
throughout the 3-month period. Pile driving activities will take place
from 7 a.m. to 7 p.m. (adjusted as appropriate to conduct work during
daylight hours), and may occur on any day of the week (five piles per
day). In-water work is planned to occur on between 25 and 42 days. The
pile specifications and method of installation are presented in table
2, below.
A detailed description of the Project is provided in the Federal
Register notice for the proposed IHA (88 FR 61530, September 7, 2023).
Since that time, no changes have been made to the pile driving
activities described in the notice. Therefore, a detailed description
is not provided here. Please refer to that Federal Register notice for
the description of the specific activity.
BILLING CODE 3510-22-P
[[Page 25240]]
[GRAPHIC] [TIFF OMITTED] TN10AP24.009
BILLING CODE 3510-22-C
Figure 1--Map of Project Area and Features
[[Page 25241]]
Table 2--Pile Driving Activities
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Number of Proxy pile for Impact strikes Strikes per Days of
Location piles Pile diameter/type calculations per pile Piles per day day installation
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Tie-in Facility................. 104 36'' Spun Cast 36'' Concrete 4,800 5 24,000 24
Concrete Piles. (round, hollow)
Tie-in Facility................. 16 18'' Concrete .............. .............. .............. ..............
(round).
Point of Delivery Platform...... 4 18'' Concrete .............. .............. .............. 1
(square).
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Total....................... 120 .................. .................. .............. .............. .............. 25
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Comments and Responses
Notice of NMFS's proposal to issue an IHA to Columbia Gulf was
published in the Federal Register on September 7, 2023 (88 FR 61530).
That notice described, in detail, Columbia'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 received one comment
letters from the Sierra Club. The Sierra Club expressed submitted a
public comment expressing its concerns, providing recommendations, and
attaching a March 2022 letter sent to NMFS' Southeast Regional Field
Office on projects located further north in Barataria Bay. The Sierra
Club also submitted a short cover letter transmitting more than 700
signatures from individuals expressing general concern over the
Columbia project's effect on the BBES stock of bottlenose dolphins and
Barataria Bay as a whole. There were no other public comments
submitted. A summary of the comments received from the Sierra Club and
NMFS' response are provided below. The comments are available online
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</a>.
Please see the comment submissions at the link provided in order to
access the complete set of comments and the accompanying rationale.
Comment: In summary, the Sierra Club comments suggest that NMFS did
not adequately consider the ongoing impacts to the Barataria Bay stock
of bottlenose dolphins from the 2010 Deepwater Horizon (DWH) oil spill.
Specifically, they asserted that, given the poor health of some of the
individuals, some of the impacts we evaluated and predicted would be in
the form of Level B harassment may actually manifest in the form of
Level A harassment, and that a greater number of takes by Level B
harassment may occur than are authorized or analyzed. They also suggest
that NMFS should further consider the impact from this project in
connection with impacts to the species from the numerous additional oil
and gas infrastructure projects proposed in this area, and assess
whether these projects will contribute to further impacts to this
dolphin population.
Response: This short duration, low impact construction project
includes 25 to 42 non-consecutive days of in-water work spread out
across a 3-month period. We expect lower-level acoustic exposures from
a dolphin swimming through the comparatively small ensonified zone on a
day or two. The Level B harassment zone is about 430 m and the Level A
harassment zone is just under 50 m, and there is a mandatory 50-m
monitored shutdown zone that is expected to avoid Level A harassment.
As a result, we are authorizing 42 takes by Level B harassment of
Barataria Bay bottlenose dolphins.
NMFS' Federal Register notice of proposed IHA did consider the
impact the DWH spill has had on the BBES stock. Even so, the agency
made a preliminary negligible impact determination due to the nature of
the specified activity as a whole and the estimated takes. While it may
be true that the effects of exposure to the elevated sound levels of
the pile driving might affect a dolphin in a more compromised condition
(such as those that have been exposed to the DWH spill) in a slightly
more severe way, the comments offer no information supporting the idea
that Level A harassment (i.e., injury) could result, nor that there
might be more Level B harassment than estimated.
Given the small footprint of the activity, the small number of
takes, and the very low likelihood that any individual dolphin will be
taken on more than a few likely non-consecutive days, even given the
potential more weakened state of any specific individual dolphin, there
is no evidence that the activity will result in the Level A harassment
of any individual, that the take by Level B harassment will be more
numerous than authorized, or that the result of one animal incurring
Level B harassment on 1 to a few days within 1 year from this activity
will result in the scale of energetic impacts that could affect
fitness, reproduction, or survival of any individual dolphins.
Regarding the suggestion that NMFS consider the impacts of this
project in conjunction with the impacts of numerous other oil and gas
infrastructure projects in the area, section 101(a)(5)(D) of the MMPA
specifies NMFS consider the impacts of the ``specified activity'' in
making a negligible impact determination. The impacts of other
activities are considered in the baseline of the analysis, as described
in the notice for the proposed IHA. Specific to the two projects
referenced in the Sierra Club letter, Venture Global's ``Gator
Express'' and ``Plaquemines,'' construction on the latter project is
not anticipated in the near future, and the Gator Express in-water work
in Barataria Bay consists primarily of installation of small (12-in)
piles, the impacts of which are be expected to be minor avoidance of a
comparatively small impact area and not reasonably anticipated to
change the baseline for Barataria Bay bottlenose dolphins. Further,
while other projects that are not the subject of this IHA may have
impacts on the Barataria Bay bottlenose dolphin population, the limited
impacts authorized by this IHA will not significantly, incrementally
increase the scale or severity of impacts, either alone or in
combination, as determined in the analyses supporting NMFS' National
Environmental Policy Act determination that a Categorical Exclusion is
appropriate for this IHA.
[[Page 25242]]
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of BBES bottlenose dolphins. NMFS fully
considered all of this information, including relevant citations which
may be included here, and we refer the reader to these materials
instead of reprinting the information. Additional information regarding
population estimates and potential threats for BBES bottlenose
dolphins, can be found in NMFS' Stock Assessment Reports (SARs) 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> and more information about this species
in general (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>).
Take of BBES bottlenose dolphins may occur incidental to the
specified activities described in the request for authorization.
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 is provided in table 3. 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 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.
Table 3--Marine Mammal 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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Family Delphinidae:
Bottlenose dolphin.............. Tursiops truncatus..... Barataria Bay -/-; Y 2,071 (0.06, 1,971, 18 160
Estuarine Stock. 2019).
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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://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>; Committee on Taxonomy (2022)).
\2\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\3\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\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.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995, Wartzok and
Ketten, 1999, Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Note that no direct measurements of
hearing ability have been successfully completed for mysticetes (i.e.,
low-frequency cetaceans). Subsequently, NMFS (2018) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65
decibel (dB) threshold from the normalized composite audiograms, with
the exception for lower limits for low-frequency cetaceans where the
lower bound was deemed to be biologically implausible and the lower
bound from Southall et al. (2007) retained. Marine mammal hearing
groups and their associated hearing ranges are provided in table 4.
Table 4--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 (dolphins, 150 Hz to 160 kHz.
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) (true 50 Hz to 86 kHz.
seals).
Otariid pinnipeds (OW) (underwater) (sea 60 Hz to 39 kHz.
lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al., 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006, Kastelein et al., 2009, Reichmuth et al.,
2013).
For more detail concerning these groups and associated frequency
ranges,
[[Page 25243]]
please see NMFS (2018) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from pile driving for Columbia
Gulf's 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 61530, September 7, 2023) included a discussion on
the effects of anthropogenic noise on marine mammals and the potential
effects of underwater noise from Columbia Gulf's construction
activities on marine mammals and their habitat. That information and
analysis is referenced in this final IHA determination and is not
repeated here; please refer to the notice of proposed IHA (88 FR 61530,
September 7, 2023).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through this IHA, which informed both NMFS' consideration of
``small numbers'' and the negligible impact determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes are by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to sound emanated from pile driving activity.
Based on the nature of the activity and the anticipated effectiveness
of the mitigation measures including the utilization of Protected
Species Observers to monitor for marine mammals and implementation of
pre-clearance and soft start protocols discussed in detail below in the
Mitigation section, Level A harassment is neither anticipated nor
authorized. Specifically, in-water construction activities will be
completed in less than 3 months (a total of 25 to 42 days) and are not
expected to result in serious injury or mortality to marine mammals
within Barataria Bay. Based on calculated threshold distances for mid-
frequency cetaceans, an individual dolphin would need to remain within
43 meters of the piles being driven through the entire day of pile
driving activity in order for injury from cumulative exposure to occur.
Given the mobility of bottlenose dolphins and the expected avoidance
behavior of the species when encountering noise disturbance (i.e., pile
driving), such a scenario is extremely unlikely to occur.
The method for calculating take by Level B Harassment was described
in the Federal Register notice announcing the proposed IHA and remains
unchanged. Accordingly, the amount of authorized take is also the same
as that presented in the proposed IHA.
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 for
example, permanent threshold shift (or PTS); (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 authorized
take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur PTS of some degree (equated to Level A
harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 microPascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. Generally speaking, Level B harassment
estimates based on these behavioral harassment thresholds are expected
to include any likely takes by Temporary Threshold Shift (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 that would not otherwise occur. Columbia
Gulf's Request for Authorization includes actions known to generate
impulsive sound (impact pile driving) that may cause incidental
harassment, and therefore the RMS SPL threshold of 160 re 1 [mu]Pa is
applicable.
Level A harassment--NMFS' Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0)
(Technical Guidance, 2018) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive). The
specified activity planned by Columbia Gulf includes the use of an
impulsive source type and is planned to occur in an area where BBES
bottlenose dolphins, a mid-frequency cetacean, are found.
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, available 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>.
[[Page 25244]]
Table 5--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lp,0-pk,flat: 219 Cell 2: LE,p,LF,24h: 199 dB.
dB; LE,p,LF,24h: 183 dB
Mid-Frequency (MF) Cetaceans........... Cell 3: Lp,0-pk,flat: 230 Cell 4: LE,p,MF,24h: 198 dB.
dB; LE,p,MF,24h: 185 dB
High-Frequency (HF) Cetaceans.......... Cell 5: Lp,0-pk,flat: 202 Cell 6: LE,p,HF,24h: 173 dB.
dB; LE,p,HF,24h: 155 dB
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lp,0-pk.flat: 218 Cell 8: LE,p,PW,24h: 201 dB.
dB; LE,p,PW,24h: 185 dB
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lp,0-pk,flat: 232 Cell 10: LE,p,OW,24h: 219 dB.
dB; LE,p,OW,24h: 203 dB
----------------------------------------------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS
onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
exposure level (LE,p) has a reference value of 1[mu]Pa\2\s. In this Table, thresholds are abbreviated to be
more reflective of International Organization for Standardization standards (ISO 2017). The subscript ``flat''
is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized
hearing range of marine mammals (i.e., 7 Hz to 160 kHz). The subscript associated with cumulative sound
exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The weighted
cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure
levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the
conditions under which these thresholds will be exceeded.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area that may be ensonified to
levels above the acoustic thresholds, including source levels and
transmission loss coefficient.
To calculate the ensonified area, Columbia Gulf used the NMFS User
Spreadsheet and accompanying 2018 guidance. Columbia Gulf located data
for impact installation of a 36 inch concrete pile (MacGillivray et
al., 2007), measured at 50 meters, to serve as a suitable proxy source
level for the 104 36-inch spun-cast piles selected for the project (see
table 6). The applicant then elected to apply the source levels for the
36-in proxy pile to all piles being driven, including the 20 18-inch
piles, likely resulting in an overestimate of resulting noise from
these smaller piles.
Transmission loss (TL) is the decrease in acoustic intensity as an
acoustic pressure wave propagates out from a source. TL parameters vary
with frequency, temperature, sea conditions, current, source and
receiver depth, water depth, water chemistry and bottom composition and
topography. The general formula for underwater TL is:
TL = B * Log10 (R1/R2), where:
TL = Transmission loss in dB,
B = Transmission loss coefficient,
R1 = the distance of the modeled SPL from the driving pile, and
R2 = the distance from the driven pile of the initial measurement.
Absent site-specific acoustic monitoring with differing measured
transmission loss, a practical spreading value of 15 is used as the
transmission loss coefficient. Site-specific transmission loss data for
the project area in Barataria Bay is not available; therefore, the
default coefficient of 15 is used to determine the distances to the
Level A harassment and Level B harassment thresholds. 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 and accompanying
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 the optional
tool, we anticipate that the resulting isopleth estimates are typically
overestimates of some degree, which may result in an overestimate of
potential 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 pile driving, the User Spreadsheet tool predicts the distance
at which, if a marine mammal remained at that distance for the duration
of the activity, it would be expected to incur PTS. Inputs used in the
option User Spreadsheet tool, and the resulting estimated isopleths,
are reported in tables 6 and 7, below. The applicant applied a 15LogR
propagation loss rate in the User Spreadsheet, and included a 5 dB
attenuation factor for use of a bubble curtain which is consistent with
NMFS recommendations.
Table 6--Proxy Pile Characteristics
[User spreadsheet input]
----------------------------------------------------------------------------------------------------------------
SLs Measured
Pile type ------------------------------------------ distance Source
dB Peak dB rms dB SEL (m)
----------------------------------------------------------------------------------------------------------------
36'' concrete pile, Impact pile 186 174 160 50 MacGillivray et al.,
driven (5 dB attenuated). 2007.
----------------------------------------------------------------------------------------------------------------
To calculate the harassment zones, Columbia Gulf identified a
representative location in the center of the TIF and second
representative location in the center of the POD Meter Station and used
these locations to calculate the harassment zones for each site. Given
the close proximity of individual piles to one another, NMFS concurred
with this approach. Columbia Gulf then accessed the User Spreadsheet to
calculate the distance from each of the two representative pile driving
locations to the furthest extent of Level A and Level B thresholds for
mid-
[[Page 25245]]
frequency cetaceans. In order to ensure conservative results, the
source level data for 36 inch piles was used as a proxy for all pile
driving activities, including installation of smaller diameter piles.
Table 7--Harassment Zone Isopleths Attributable to Pile Driving
------------------------------------------------------------------------
Distance from representative sound
source
---------------------------------------
Behavioral
Activity PTS: Level A disturbance: Level
harassment zone B harassment zone
(mid-frequency (all marine
cetaceans) mammals)
------------------------------------------------------------------------
Impact pile driving in Barataria 43.2 m............ 428.9 m.
Bay \a\.
------------------------------------------------------------------------
\a\ User Spreadsheet output based on installation by impact hammer of
(proxy) 36-inch-diameter concrete piles, and use of bubble curtains
(estimated 5 dB reduction, per consultations with NMFS) (MacGillivray
et al., 2007).
Based on the User Spreadsheet outputs reflected in table 7, the
Level B harassment zone would have a radius of approximately 428.9 m
(m; 1,407.0 ft) from the source pile, or an approximate area of 0.58
square kilometers (km\2\). The Level A zone would have a calculated
radius of approximately 43.2 m (142.0 ft), or an approximate area of
0.006 km\2\ (63,347 square feet (ft\2\)). Columbia Gulf plans to
implement a 50 m shutdown zone that extends coverage beyond the 43.2 m
Level A harassment zone indicated by the User Spreadsheet. As a result,
given that detection of bottlenose dolphins within this distance is
expected to be successful, no Level A take is anticipated to occur, or
is authorized, as a result of project activities.
Marine Mammal Occurrence
In order to estimate the distribution and density of BBES dolphins
that may occur in the area affected by the specified activity, we
turned to prior area-specific surveys and studies conducted in the Bay.
Density estimates for Columbia Gulf's proposal reference the
findings of the 2017 McDonald (et al.) study and an average of the
calculated densities for each habitat region defined within the study
area. Density estimates for bottlenose dolphins within Barataria Bay
were derived from estimates calculated through vessel-based capture-
mark-recapture photo-ID surveys conducted during ten survey sessions
from June 2010 to May 2014 (McDonald et al., 2017). Because the surveys
were conducted during the DWH oil spill, the resulting density estimate
does not account for mortality following the spill.
The study was conducted from June 2010 to May 2014 and utilized
vessel-based capture-mark-recapture photo ID surveys. The study area
for these surveys included Barataria Bay and Pass, Bayou Rigaud,
Caminada Bay and Pass, Barataria Waterway, and Bay des Ilettes.
Densities varied in different areas within broader Barataria Bay, and
the study area was divided into three (East, West, and Island) habitat
regions to capture these observed density variations. Results were
parsed and densities were calculated for each habitat region. Project
activities may have some effect on both the East and West habitat
regions, with estimated densities of 0.601 individuals per km\2\ and
1.24 individuals per km\2\, respectively. Study results indicate
density of 11.4 individuals per km\2\ for the Island region. Given
uncertainties regarding fidelity to and transiting among habitat
regions, the average densities for each habitat region in the study
area are then averaged together to create an estimated density for the
project area. NMFS concurs with this approach. Inclusion of the higher
estimated density from the Island habitat region results in a
cumulative average higher than the estimated density for the East and
West habitat regions alone, and reflects a conservative approach. Based
on this calculation and using the best available information for
estimating density given the project type and location, the average
bottlenose dolphin density for the project is estimated to be 2.83
individuals per km\2\.
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur (and authorized).
Table 8--Level B Harassment Takes Requested and Percentage of Stock Potentially Affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage (%)
Level B takes Stock of stock
Pile driving location Species Estimated density Level B harassment requested abundance potentially
area (individuals) (individuals) affected by
level B take
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tie-In Facility.................... Bottlenose Dolphin... 2.83 individuals per 0.58 km\2\........... 40 2,071 1.93
POD Meter Station.................. km\2\. 2 0.10
-----------------------------------------------
Project Totals................. ..................... ..................... ..................... 42 .............. 2.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B harassment take estimates for pile driving activities were
calculated using the density estimate described above, averaging across
the three areas in Barataria Bay. The Level B harassment zone is
calculated using source level data for 36-inch concrete piles
(including use of bubble curtains) and assumes an even distribution of
animals throughout the affected area. Initial Level B take estimates
for TIF and POD Meter Station pile driving activity were calculated
using the area of the Level B harassment zone (0.58 km \2\) multiplied
by the calculated density (2.83 individuals per km \2\). This results
in a daily take estimate of 1.64 individuals for pile driving at the
TIF and the POD Meter Station. The daily Level B harassment estimate
(1.64 individuals) was then multiplied by the number of days when pile
driving will take place (24 days at the TIF and 1 day at the POD Meter
Station) to calculate the number of requested takes for pile driving
related to the Project. The estimated takes are indicated in table 8.
Level A harassment is not anticipated to occur and authorization
was not requested. In-water construction
[[Page 25246]]
activities will be completed within 1-2 months (a total of 25 to 42
days) and are not expected to result in serious injury or mortality to
marine mammals within Barataria Bay. Based on calculated threshold
distances in Table 7 for mid-frequency cetaceans, an individual would
need to remain within 142.0 ft of the piles being driven throughout the
entire day of pile driving activities for cumulative exposure injury to
occur. Given the mobility of bottlenose dolphins and the expected
behavior of the species to avoid noise disturbance (i.e., pile
driving), such a scenario is extremely unlikely to occur.
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, and impact on
operations.
Mitigation for Marine Mammals and Their Habitat
As described below, Columbia Gulf will retain and deploy qualified
Protected Species Observers to implement a clearance zone to ensure
that BBES bottlenose dolphins are not present within 430 meters of the
pile being driven when pile driving activities begin, and also a 50-
meter shutdown zone to ensure that dolphins and other marine mammals
are not exposed to levels of construction noise associated with Level A
harassment. A bubble curtain will be used to lower the overall levels
of sound produced by the pile driving, and soft-start measures will
allow for even lower sound levels when pile driving starts, allowing
time for marine mammals to move away from the source before it gets
louder. Columbia Gulf must implement the following mitigation measures:
(a) The Holder must employ Protected Species Observers (PSOs) and
establish monitoring locations as described in section 5 of this IHA.
The Holder must monitor the Project area to the maximum extent possible
based on the required number of PSOs, required monitoring locations,
and environmental conditions.
(b) Monitoring must commence 30 minutes prior to initiation of pile
driving activity. (i.e., pre-start clearance monitoring) and be
continuously maintained until 30 minutes post-completion of pile
driving activity.
(c) Pile driving may only begin if visibility is sufficient to
allow monitoring of the entire pre-clearance zone (430 m) and the lead
PSO determines that it has been clear of marine mammals for 30
consecutive minutes.
(d) If a marine mammal is observed entering or within the shutdown
zone (50 m), pile driving activity must be suspended. Pile driving may
only commence or resume as described in condition 4(e) of this IHA.
(e) If pile driving is delayed due to the presence of a marine
mammal in the pre-start clearance zone or the shutdown zone, the
activity may not commence or resume until either the animal has
voluntarily exited and been visually confirmed beyond the applicable
protective zone, or after 15 minutes have passed without re-detection
of the animal.
(f) The Holder must employ soft-start procedures at the start of
each day's pile driving activity, and at any time following cessation
of impact pile driving that lasts for 30 minutes or longer. Soft-starts
require an initial set of three strikes at reduced energy, followed by
a 30-second waiting period, then two subsequent reduced-energy strike
sets.
(g) The Holder must use a bubble curtain during impact pile
driving. The bubble curtain must be operated in a manner most likely to
achieve optimal sound dampening performance. At a minimum, the Holder
must adhere to the following performance standards:
(i) The bubble curtain must distribute air bubbles around 100
percent of the piling circumference for the full depth of the water
column.
(ii) The lowest bubble ring must be in contact with the substrate
for the full circumference of the ring, and weights attached to the
bottom ring shall ensure 100 percent substrate contact. No parts of the
ring or other objects shall prevent full substrate contact.
(iii) Air flow to the bubblers must be balanced around the
circumference of the pile.
(h) Pile driving activity must be halted (as described in condition
4(d) of this IHA) upon observation, at any distance, of either a
species for which incidental take is not authorized or a species for
which incidental take has been authorized but the authorized number of
takes has been met (as shown in table 1 of the IHA).
(i) The Holder, construction supervisors and crews, PSOs, and other
personnel must avoid direct physical interaction with marine mammals
during construction. If a marine mammal comes within 10 meters of
construction activity, operations must cease and vessels must reduce
speed to the minimum level required to maintain steerage and safe
working conditions, and take other actions as may be necessary to avoid
direct physical interaction with the animal.
Based on our evaluation of the applicant's planned measures, NMFS
has determined that the planned mitigation measures provide the means
of effecting the least practicable impact to BBES bottlenose dolphins
and their habitat.
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
[[Page 25247]]
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.
Monitoring
The following monitoring will be required during pile installation
activities associated with the East Later XPRESS Project:
(a) The Holder must establish at least one monitoring location that
provides optimal visibility of the pre-clearance and shutdown zone for
each location where pile driving will occur. For all pile driving
activities, a minimum of one PSO must be assigned to each active pile
driving location to log all marine mammal sightings and to monitor the
shutdown zone.
(b) PSOs must record all observations of marine mammals, regardless
of distance from the pile being driven, as well as the additional data
indicated in section 6 of this IHA.
(c) Monitoring must be conducted by qualified, NMFS-approved PSOs,
in accordance with the following conditions:
(i) PSOs must be independent of the contractor conducting the
specified pile driving activity (for example, employed by a
subcontractor) and have no other assigned tasks during monitoring
periods.
(ii) At least one PSO must have prior experience performing the
duties of a PSO during construction activity pursuant to a NMFS-issued
incidental take authorization.
(iii) Other PSOs may substitute other relevant experience,
education (degree in biological science or related field), or training
for prior experience performing the duties of a PSO during construction
activity pursuant to a NMFS-issued incidental take authorization.
(iv) If a team of three or more PSOs is needed in order to meet
monitoring requirements, a lead observer or monitoring coordinator must
be designated. The lead observer must have prior experience performing
the duties of a PSO during construction activity pursuant to a NMFS-
issued incidental take authorization.
(v) PSOs must be approved by NMFS prior to beginning any activity
subject to this IHA.
Reporting
Columbia Gulf is required to implement the following reporting
measures:
(a) Columbia Gulf must submit its draft marine mammal monitoring
report for the Project describing all monitoring activities conducted
under this IHA within 90 calendar days of the completion of monitoring,
or 60 calendar days prior to the requested issuance of any subsequent
IHA for construction activity at the same location, whichever comes
first. A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report. If no
comments are provided by NMFS within 30 calendar days of receipt of the
draft report, the report shall be considered final.
(b) All draft and final monitoring reports must be submitted to
both <a href="/cdn-cgi/l/email-protection#d08082fe998480fe9dbfbeb9a4bfa2b9beb782b5a0bfa2a4a390bebfb1b1feb7bfa6"><span class="__cf_email__" data-cfemail="b8e8ea96f1ece896f5d7d6d1ccd7cad1d6dfeaddc8d7cacccbf8d6d7d9d996dfd7ce">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#c9809d99e7a1a6bdaaa1a2a0a789a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="8ac3dedaa4e2e5fee9e2e1e3e4cae4e5ebeba4ede5fc">[email protected]</span></a>.
(c) The marine mammal monitoring report must contain the
informational elements described in the Request for Authorization, and
must include:
(i) Dates and times (begin and end) of all marine mammal monitoring
shifts;
(ii) Construction activities occurring during each daily
observation period, including:
A. The number and type of piles that were driven and the method
(e.g., impact, vibratory, down-the-hole);
B. The number of strikes required to install each pile, or the
duration that any vibratory equipment is in use.
(iii) PSO locations during marine mammal monitoring;
(iv) 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;
(v) Summary of all observations of marine mammals, including:
A. Name and location of PSO who sighted the animal(s), bearing to
the sighted animal, means of detection and potentially relevant human
activity in the area (including construction activity) at time of
sighting;
B. Time of sighting;
C. 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;
D. Distance and location of each observed marine mammal relative to
the pile being driven at the time of each sighting;
E. Estimated number of animals (min/max/best estimate);
F. Estimated number of animals by cohort (adults, juveniles,
neonates, group composition, etc.);
G. Animal's closest point of approach and estimated time spent
within the pre-start clearance and/or shutdown zone;
H. Description of any marine mammal behavioral observations (e.g.,
observed behaviors such as feeding or traveling), including an
assessment of behavioral responses that may be attributable to
construction activity (e.g., no response or changes in behavioral state
such as ceasing feeding, changing direction, flushing, or breaching);
I. Observations of skin and body condition, including atypical skin
or body condition (if any) and potentially identifying marks or other
novel physical characteristics.
(vi) Number of marine mammals detected within the harassment zones,
by species;
(vii) Detailed information about implementation of any mitigation
(e.g., shutdowns and delays), a description of specific actions that
ensued, and resulting changes in behavior of the animal(s), if any; and
(viii) An assessment of implementation and effectiveness of
prescribed mitigation and monitoring measures.
[[Page 25248]]
(d) The Holder must submit all PSO datasheets and/or raw sighting
data with the draft report.
(e) Reporting injured or dead marine mammals.
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, the Holder must report the
incident to the Office of Protected Resources (OPR), NMFS
(<a href="/cdn-cgi/l/email-protection#6e3e3c40273a3e40230100071a011c0700093c0b1e011c1a1d2e00010f0f40090118"><span class="__cf_email__" data-cfemail="c39391ed8a9793ed8eacadaab7acb1aaada491a6b3acb1b7b083adaca2a2eda4acb5">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#226b76720c4a4d56414a494b4c624c4d43430c454d54"><span class="__cf_email__" data-cfemail="9cd5c8ccb2f4f3e8fff4f7f5f2dcf2f3fdfdb2fbf3ea">[email protected]</span></a>) and to
the Southeast Region marine mammal stranding network (1-877-433-8299)
as soon as is feasible. If the death or injury was clearly caused by
the specified activity, the Holder must immediately cease the activity
until NMFS OPR reviews the circumstances of the incident determines
what, if any, additional measures are appropriate to ensure compliance
with the terms of this IHA and notifies the holder of these findings
and any additional requirements that must be met prior to re-initiation
of the activity.
The report of an injured or dead marine mammal must include the
following information:
(i) Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
(ii) Species identification (if known) or description of the
animal(s) involved;
(iii) Condition of the animal(s) (including carcass condition if
the animal is dead);
(iv) Observed behaviors of the animal(s), if alive;
(v) If available, photographs or video footage of the animal(s);
and
(vi) General circumstances under which the animal was discovered.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the preamble for NMFS' implementing regulations published in the
Federal Register (54 FR 40338, September 29, 1989), the impacts from
other past and ongoing anthropogenic activities are incorporated into
this analysis via their impacts on the baseline (e.g., as reflected in
the regulatory status of the species, population size and growth rate
where known, ongoing sources of human-caused mortality, or ambient
noise levels).
The BBES stock of bottlenose dolphins is considered a strategic
stock because mortality attributable to human activity is thought to
exceed PBR. However, potential effects of this project on BBES dolphins
are limited to Level B harassment in the form of temporary avoidance of
the construction area. As described above, no Level A harassment is
expected or authorized. This short duration, low impact construction
project includes 25 to 42 non-consecutive days of in-water work spread
out across a 3-month period. We expect lower-level acoustic exposures
from a dolphin swimming through the comparatively small ensonified zone
on a day or two. The Level B harassment zone is about 430 m and the
Level A harassment zone is just under 50 m, and the mandatory 50-m
monitored shutdown zone is expected to avoid Level A harassment. Given
the nature of the harassment, its temporary nature and planned
mitigation, NMFS does not expect the take to affect the reproduction or
survival of any individuals.
The BBES stock of bottlenose dolphins is also considered a small
and resident population, and the Project site is within an identified
Biologically Important Area (BIA) for Small and Resident Populations
(Lebreque et al., 2015). The BBES stock is present within the area
year-round. However, the project area overlaps only a small portion of
available habitat and the BIA, and adjacent areas of open water within
the embayment will remain accessible to BBES dolphins throughout the
construction process. 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 BBES bottlenose
dolphins by reducing annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized; and no impacts to reproductive success or survival of any
individual animals are expected.
<bullet> The required mitigation measures are expected to avoid any
Level A harassment and to reduce the number and severity of takes by
Level B harassment.
<bullet> Behavioral impacts and displacement that may occur in
response to pile driving are expected to be limited in duration to 25
to 42 days concurrent with the pile-driving activity.
<bullet> The pile driving activities do not impact any known
important habitat areas such as calving grounds or unique feeding
areas, and alternate habitat is readily available.
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 planned monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned pile driving activity will have a negligible impact on BBES
bottlenose dolphins.
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 to determine 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.
Based on a conservative estimate of the number of takes that may
occur as a result of Columbia's pile driving activities, less than two
percent of the BBES population will be subject to take via Level B
harassment. This is less than the one-third of the stock abundance and
meets the criteria for small numbers described above.
Based on the analysis contained herein of the planned activity
(including the planned mitigation and monitoring measures) and the
anticipated take of
[[Page 25249]]
marine mammals, NMFS 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
No subsistence uses of BBES bottlenose dolphins are known to occur.
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 ESA of 1973 (16 U.S.C. 1531 et seq.)
requires that each Federal agency insure that any action it authorizes,
funds, or carries out is not likely to jeopardize the continued
existence of any endangered or threatened species or result in the
destruction or adverse modification of designated critical habitat. To
ensure ESA compliance for the issuance of IHAs, NMFS consults
internally whenever we propose to authorize take for endangered or
threatened species.
No incidental take of ESA-listed species is authorized for 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 proposed 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 determined that the issuance
of the IHA qualified to be categorically excluded from further NEPA
review.
Authorization
NMFS has issued an IHA to Columbia Gulf, LLC for the potential
harassment of small numbers of marine mammal species incidental to the
East Lateral XPRESS project in Barataria Bay, Louisiana, that includes
the previously explained mitigation, monitoring, and reporting
requirements.
Dated: April 4, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-07565 Filed 4-9-24; 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.