Notice2024-11533
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California
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
May 28, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to Chevron Products Company (Chevron) to incidentally harass marine mammals incidental to the Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California.
Full Text
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<title>Federal Register, Volume 89 Issue 103 (Tuesday, May 28, 2024)</title>
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[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46069-46072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11533]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD920]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Chevron Long Wharf Maintenance
and Efficiency Project in San Francisco Bay, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to Chevron Products Company (Chevron) to incidentally harass
marine mammals incidental to the Long Wharf Maintenance and Efficiency
Project (LWMEP) in San Francisco Bay, California.
DATES: This renewal IHA is valid from June 1, 2024, through May 31,
2025.
ADDRESSES: Electronic copies of the original application, Renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these documents, please call the
contact listed below.
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, 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 promulgated or, if the taking is limited to harassment, an IHA is
issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
[[Page 46070]]
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On May 12, 2023, NMFS issued an IHA to Chevron to take marine
mammals incidental to the LWMEP in San Francisco Bay, California (88 FR
31703, May 18, 2023), effective from June 1, 2023, through May 31,
2024. On February 23, 2024, NMFS received an application for the
renewal of that initial IHA. As described in the application for
renewal, the activities for which incidental take is requested consist
of activities that are covered by the initial authorization but will
not be completed prior to its expiration. As required, the applicant
also provided a preliminary monitoring report which confirms that the
applicant has implemented the required mitigation and monitoring, and
which also shows that no impacts of a scale or nature not previously
analyzed or authorized have occurred as a result of the activities
conducted. The notice of the proposed renewal IHA was published on
April 11, 2024 (89 FR 25573).
Description of the Specified Activities and Anticipated Impacts
The Chevron LWMEP consists of construction activities to upgrade
Berth 1 of the Refinery Long Wharf in San Francisco Bay, California, in
order to meet current safety and efficiency standards. Chevron's
planned construction at Berth 1 included: vibratory extraction of two
18-inch concrete piles associated with an existing gangway and catwalk;
impact installation of 42 24-inch square concrete piles to construct a
mooring dolphin and hook, breasting dolphin and breasting points with
standoff fenders, and to replace the catwalk in a different location;
vibratory installation of a temporary construction template composed of
up to 12 36-inch steel piles; and vibratory extraction of the same
temporary steel piles when in-water construction activities were
complete. All in-water work was expected to be completed in a seasonal
work window from June 1 through November 30, 2023.
Due to unexpected difficulty with pile installation, Chevron was
only able to complete vibratory extraction and impact installation of
concrete piles, and vibratory installation of temporary steel piles.
The applicant initially determined 12 36-inch steel piles would be
needed to support the template; however, only 10 steel piles were
needed and installed via vibratory hammer. Chevron plans to complete
the remaining construction activities, which includes vibratory
extraction of the 10 steel piles, in up to 8 non-consecutive days over
1 month during June 1 through November 30, 2024. This renewal request
is to cover the subset of activities in the initial IHA that will not
be completed during the effective IHA period.
The initial IHA was intended to cover 1 year of a larger project
for which Chevron obtained prior IHAs and intends to request take
authorization for subsequent facets of the project. The larger 5-year
project involves upgrading Long Wharf to satisfy current Marine Oil
Terminal Engineering and Maintenance Standards. The Long Wharf has 6
berths for receiving raw materials and shipping products. The project
area encompasses the entirety of Berth 1, an area of approximately 470
square meters (m\2\).
Chevron's planned activity includes vibratory pile removal, which
may result in the incidental take of marine mammals, by harassment
only. Due to mitigation measures, no Level A harassment is anticipated
to occur, and none is authorized. The likely or possible impacts of
Chevron's planned activity on marine mammals could involve both non-
acoustic and acoustic stressors and is unchanged from the impacts
described in Federal Register notices for the initial IHA (88 FR 19247,
March 31, 2023; 88 FR 31703, May 18, 2023). Potential non-acoustic
stressors could result from the physical presence of the equipment,
vessels, and personnel; however, any impacts to marine mammals are
expected to primarily be acoustic in nature. Sounds resulting from pile
extraction may result in the incidental take of marine mammals, by
Level B harassment only, in the form of behavioral harassment.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the notices of the proposed and
final IHAs for the initial authorization (88 FR 19247, March 31, 2023;
88 FR 31703, May 18, 2023). The location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices. This renewal IHA
is effective for a period of 1 year from June 1, 2024, through May 30,
2025.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
proposed IHA for the initial authorization (88 FR 19247, March 31,
2023). NMFS has reviewed the preliminary monitoring data from the
initial IHA, recent draft Stock Assessment Reports (SARs), information
on relevant Unusual Mortality Events (UMEs), and other scientific
literature, and determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the description of the marine
mammals in the area of specified activities contained in the supporting
documents for the initial IHA (88 FR 31703, May 18, 2023).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the Federal
[[Page 46071]]
Register notices of the proposed IHA for the initial authorization (88
FR 19247, March 31, 2023). NMFS has reviewed the monitoring data from
the initial IHA, recent draft SARs, information on relevant UMEs, and
other scientific literature and determined that there is no new
information that affects our initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization (88 FR 19247,
March 31, 2023; 88 FR 31703, May 18, 2023). Specifically, the area or
space within which harassment is likely to occur and marine mammal
occurrence data applicable to this authorization remain unchanged from
the initial IHA. Similarly, methods of take, daily take estimates and
types of take remain unchanged from the initial IHA, with the exception
of California sea lion and gray whale. The number of takes authorized
through this renewal are a subset of the initial authorized takes that
better represent the amount of activity left to complete. These takes,
which reflect the lower number of remaining days of work, are indicated
below in table 1. Takes are calculated using the same methodology as
the initial IHA, and are just a proportion of the initial takes based
on up to 8 days of work remaining.
For California sea lions, a maximum of four individuals have been
seen in a single day based on previous monitoring reports. To account
for this possibility, Chevron estimated 2 days of four individuals
entering the project area and one individual for the remaining 6 days
of work. Therefore, Chevron requested, and NMFS has authorized, 14
takes of California sea lions by Level B harassment.
The initial IHA authorized 2 takes by Level B harassment of gray
whale. No gray whale takes have occurred, and given the already very
low number of takes previously authorized (2 animals), NMFS has
authorized 2 takes of gray whale by Level B harassment in this renewal
IHA, rather than a proportion of the initial takes.
Based upon prior occurrences in the Bay, Chevron conservatively
estimated, and NMFS concurred, that a maximum of 10 northern fur seals
could occur in the project area during the 30 day in-water construction
activity period for the initial IHA. Since only 8 days of in-water work
are planned for this renewal IHA, NMFS has authorized 3 takes of
northern fur seals by Level B harassment.
Table 1--Authorized Take by Level B Harassment and Take as a Percentage of the Population
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Estimated take as
Species Expected occurrence Total estimated a percentage of
take population
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Harbor seal................................ 237 seals per day............ 1,896 <7
California sea lion *...................... 14 over project duration..... 14 <1
Harbor porpoise............................ 1 porpoise per day........... 8 <1
Bottlenose dolphin......................... Up to 8 dolphins once per 8 <2
month.
Gray whale **.............................. 2 whales over project 2 <1
duration.
Northern elephant seal..................... 1 seal every 3 days.......... 3 <1
Northern fur seal ***...................... 3 seals over project duration 3 <1
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* Takes of California sea lion are calculated to account for up to 2 days with a maximum of four individuals per
day, based on previous observations, and 6 days of one individual per day.
** The initial IHA authorized 2 takes by Level B harassment of gray whale. No gray whale takes have occurred,
and given the already very low number of takes previously authorized (2 animals), NMFS has authorized 2 takes
of gray whale in this renewal IHA, rather than a proportion of the initial takes.
*** Takes of northern fur seal are calculated using the same proportions as the initial IHA, which is based on a
maximum of 10 individuals per 30 days.
Description of Mitigation, Monitoring, and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA,
and the discussion of the least practicable adverse impact included in
that document and the notice of the proposed IHA remains accurate. The
following measures are included in the renewal IHA, Chevron will:
<bullet> Employ at least two protected species observers (PSOs) to
monitor the full shutdown zones, the Level B harassment zones to the
extent practicable, and implement pre- and post-clearance monitoring;
<bullet> Implement a minimum shutdown zone of 10 meters for in-
water construction activities;
<bullet> Shut down if marine mammals come within the designated
hearing group-specific shutdown zones;
<bullet> Shut down if any species for which take has not been
authorized enters the Level B harassment zone;
<bullet> Submit a draft monitoring report to NMFS within 90 days of
completion of marine mammal monitoring or 60 days prior to issuance of
any subsequent IHA for this project, whichever comes first;
<bullet> Prepare and submit a final report within thirty days
following resolution of comments on the draft report from NMFS;
<bullet> Submit all PSO datasheets and/or raw sighting data (in a
separate file from the Final Report referenced immediately above); and
<bullet> Report injured or dead marine mammals.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to Chevron was
published in the Federal Register on April 11, 2024 (89 FR 25573). That
notice either described, or referenced descriptions of, Chevron's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
The renewal request consists of a subset of activities analyzed
through the initial authorization described above. In analyzing the
effects of the activities for the initial IHA, NMFS determined that
Chevron's activities would have a negligible impact on the affected
species or stock and that authorized take
[[Page 46072]]
numbers of each species or stock were small relative to the relevant
stocks (e.g., less than one-third the abundance of all stocks). The
mitigation measures and monitoring and reporting requirements as
described above are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) Chevron's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action; and (5) appropriate
monitoring and reporting requirements are included.
National Environmental Policy Act
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
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
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 initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a renewal IHA to Chevron for the take of marine
mammals incidental to conducting pile extraction activities in San
Francisco Bay from June 1, 2024, through May 31, 2025.
Dated: May 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-11533 Filed 5-24-24; 8:45 am]
BILLING CODE 3510-22-P
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