Notice2024-17470
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Weyerhaeuser Company for Their Log Export Dock Project on the Columbia River Near Longview, Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2024
Effective
September 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Weyerhaeuser Company (Weyerhaeuser) to incidentally harass marine mammals during construction activities associated with the Log Export Dock Project on the Columbia River near Longview, Washington.
Full Text
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<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
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[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64420-64432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17470]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE088]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Weyerhaeuser Company for Their Log
Export Dock Project on the Columbia River Near Longview, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Weyerhaeuser Company (Weyerhaeuser) to incidentally harass marine
mammals during construction activities associated with the Log Export
Dock Project on the Columbia River near Longview, Washington.
DATES: This authorization is effective from September 1, 2025 through
August 31, 2026.
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-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of
Protected Resources (OPR), NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are proposed or, if the taking is limited to harassment, a notice of a
proposed 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 October 29, 2023, NMFS received a request from Weyerhaeuser for
an IHA to take marine mammals incidental to pile driving and removal
activities associated with the Log Export Dock
[[Page 64421]]
Project on the Columbia River near Longview, Washington. Following
NMFS' review of the application, Weyerhaeuser submitted a revised
version on March 14, 2024. The application was deemed adequate and
complete on April 16, 2024. Weyerhaeuser's request is for take of
harbor seal (Phoca vitulina), California sea lion (Zalophus
californiaus), and Steller sea lion (Eumatopius jubatus) by Level B
harassment and, for harbor seals, by Level A harassment. Neither
Weyerhaeuser nor NMFS expect serious injury or mortality to result from
this activity and, therefore, an IHA is appropriate.
Description of the Specified Activity
Overview
Weyerhaeuser is planning the partial demolition and replacement of
the existing Log Export dock on the Columbia River, near Longview,
Washington. The project includes impact and vibratory pile installation
and vibratory pile removal. Vibratory and impact pile driving are
expected to start in September 2025 and take about 120 days of in-water
work within the U.S. Army Corps of Engineers (USACE) and the U.S. Fish
and Wildlife Service (USFWS)-designated in-water work window (September
1, 2025-January 3, 2026). All pile installation will occur during the
work window, which would minimize potential exposure of Endangered
Species Act (ESA) listed fish species from impact pile driving. An
additional 30 days of vibratory pile removal may occur outside the
window.
The demolition and replacement of the 612-foot (ft), or 186.5-meter
(m) berth A of the Log Export Dock would include the removal of 983 16-
inch (in), or 0.41-m, timber piles, 36 16-in (0.41-m) steel pipe piles,
10 12-in (0.30-m) steel H-piles, 7 12-in (0.30-m) steel pipe piles, and
20 14- or 16-in (0.36- or 0.41-m) steel fender piles. Existing piles
would be primarily removed by the deadpull method, with piles being
removed with the vibratory hammer if the deadpull is unsuccessful.
Broken or damaged piles would be cut at the mudline. It is anticipated
that 75 percent of the existing 983 timber piles will be removed by the
deadpull method, with the remaining 246 being removed with the
vibratory hammer. The new structure will be supported by the
installation of 325 30-in (0.76-m) steel pipe piles. In addition, up to
26 24-in (0.61 m) temporary steel pipe piles may be installed and
removed to support permanent pile installation. Temporary and permanent
piles would be initially installed with a vibratory hammer, with
permanent piles being followed by an impact hammer to embed them to
their final depth. To reduce underwater noise produced by impact pile
driving, an unconfined bubble curtain will be used during impact pile
installation.
In order to maintain project schedules, it is possible that
multiple pieces of equipment would operate at the same time within the
project area. Piles may be driven on the same day or, less commonly, at
the same time, by two impact hammers, one impact hammer and one
vibratory hammer, or two vibratory hammers. The method of installation,
and whether concurrent pile driving scenarios will be implemented, will
be determined by the construction crew once the project has begun.
Therefore, the total take estimate reflects the worst-case scenario
(both hammers installing 30-in steel pipe piles) for the proposed
project. However, the most likely scenario is the vibratory removal of
a 16-in timber pile at the same time as installing a 30-in steel pipe
piles by vibratory or impact methods.
A detailed description of the planned construction project is
provided in the Federal Register notice for the proposed IHA (89 FR
48579, June 7, 2024). Since that time, no changes have been made to the
planned activities. Therefore, a detailed description is not provided
here. Please refer to that Federal Register notice for the description
of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to Weyerhaeuser was
published in the Federal Register on June 7, 2024 (89 FR 48579). That
notice described, in detail, Weyerhaeuser's activity, the marine mammal
species that may be affected by the activity, and the anticipated
effects on marine mammals. In that notice, we requested public input on
the request for authorization described therein, our analyses, the
proposed authorization, and any other aspect of the notice of proposed
IHA, and requested that interested persons submit relevant information,
suggestions, and comments. During the 30-day public comment period,
NMFS did not receive any substantive comments on the proposed IHA.
Changes From the Proposed IHA to Final IHA
In table 5 of the proposed IHA Federal Register notice (89 FR
48579, June 7, 2024) the source levels for the impact driving of the
30-in steel pipe piles did not include the 5 decibel (dB) reduction
from the bubble curtain. These values have been corrected in tables 4
and 5 of this notice. The 5 dB reduction resulted in smaller Level A
and Level B isopleths, which have been corrected in table 7 of this
notice. The estimated number of takes by Level B harassment remains the
same for all species because the smaller Level B isopleth still spans
the width of the river and the same number of marine mammals are
expected to be transiting through the project area. The estimated
number of takes by Level A harassment for harbor seals was reduced to
56 to account for the smaller Level A isopleth which no longer spans
the full width of the river. These values have been corrected in table
8 of this notice. Finally the smaller isopleths from the 5 dB reduction
also decreased the minimum shutdown zone and harassment monitoring zone
for impact pile driving. The reduced shutdown and monitoring zones have
been corrected in table 9 of this notice.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of Weyerhaeuser's application summarize available
information regarding status and trends, distribution and habitat
preferences, and behavior and life history of the potentially affected
species. NMFS fully considered all of this information, and we refer
the reader to these descriptions, instead of reprinting the
information. Additional information regarding population trends and
threats may be found in NMFS' Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS'
website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
authorized for this activity and summarizes information related to the
population or stock, including regulatory status under the MMPA and ESA
and potential biological removal (PBR), where known. PBR is defined by
the MMPA as the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal stock while
allowing that stock to reach or maintain its optimum sustainable
population (as described in NMFS' SARs). While no serious injury or
mortality is anticipated or authorized here, PBR and annual serious
injury and mortality from anthropogenic sources are included here as
gross indicators of
[[Page 64422]]
the status of the species or stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' U.S. 2022 SARs. All values presented in table 1 are the most
recent available at the time of publication (including from the draft
2023 SARs) and are available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 1--Marine Mammal Species \1\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/ MMPA Stock abundance (CV,
status; Nmin, most recent Annual M/
Common name Scientific name Stock strategic (Y/N) abundance survey) PBR SI \4\
\2\ \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Pinnipedia
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Family Otariidae (eared seals and
sea lions).
California Sea Lion.......... Zalophus U.S.................... -, -, N 257,606 (N/A, 14,011............. >321
californianus. 233,515, 2014).
Steller Sea Lion............. Eumetopias jubatus.. Eastern................ -, -, N 36,308 (N/A, 36,308, 2,178.............. 93.2
2022) \5\.
Family Phocidae (earless seals):
Harbor Seal.................. Phoca vitulina...... OR/WA Coastal.......... -, -, N UNK (UNK, UNK, 1999) UND................ 10.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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\ 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 SARs 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. In some cases, CV is not applicable.
\4\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual mortality and serious injury (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.
\5\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the U.S.
only.
As indicated above, all three species (with three managed stocks)
in table 2 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur.
A detailed description of the species likely to be affected by
Weyerhaeuser's project, including brief introductions to the species
and relevant stocks as well as available information regarding
population trends and threats, and information regarding local
occurrence, were provided in the Federal Register notice for the
proposed IHA (89 (FR 48579, June 7, 2024); since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to NMFS' website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Subsequently, NMFS (2018) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65-
decibel (dB) threshold from the normalized composite audiograms, with
the exception for lower limits for low-frequency cetaceans where the
lower bound was deemed to be biologically implausible and the lower
bound from Southall et al. (2007) retained. Marine mammal hearing
groups and their associated hearing ranges are provided in table 2.
Table 2--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Generalized hearing range
Hearing group in hertz (Hz) and kilohertz
(kHz) *
------------------------------------------------------------------------
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 spp., river dolphins,
Cephalorhynchids, Lagenorhynchus cruciger
& L. australis).
Phocid pinnipeds (PW) (underwater) (true 50 Hz to 86 kHz.
seals).
[[Page 64423]]
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 the ~65-dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al., 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth et al.,
2013). This division between phocid and otariid pinnipeds is now
reflected in the updated hearing groups proposed in Southall et al.
(2019).
For more detail concerning these groups and associated frequency
ranges, 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 Weyerhaeuser's pile driving
activities have the potential to result in behavioral harassment of
marine mammals in the vicinity of the project area. The notice of the
proposed IHA (FR 48579, June 7, 2024) included a discussion of the
effects of anthropogenic noise on marine mammals and the potential
effects of underwater noise from Weyerhaeuser's pile driving activities
on marine mammals and their habitat. That information and analysis is
incorporated by reference into this final IHA determination and is not
repeated here; please refer to the notice of the proposed IHA (FR
48579, June 7, 2024).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through the IHA, which will inform NMFS' consideration of
``small numbers,'' the negligible impact determinations, and impacts on
subsistence uses.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes will primarily be by Level B harassment, as use of
the acoustic source (i.e., pile driving) has the potential to result in
disruption of behavioral patterns for individual marine mammals. There
is also some potential for auditory injury (Level A harassment) to
result, primarily for phocids because predicted auditory injury zones
are larger than for otariids. Auditory injury is unlikely to occur for
otariids. The proposed mitigation and monitoring measures are expected
to minimize the severity of the taking to the extent practicable.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. 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 is
authorized.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the authorized take numbers.
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 permeant threshold shift (PTS) of some
degree (equated to Level A harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021; Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. Generally speaking, Level B harassment take
estimates based on these behavioral harassment thresholds are expected
to include any likely takes by 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
[[Page 64424]]
result in changes in behavior patterns that would not otherwise occur.
Weyerhaeuser's activity includes the use of continuous (vibratory
pile driving) and impulsive (impact pile driving) sources, and
therefore the RMS SPL thresholds of 120 and 160 dB re 1[mu]Pa are
applicable.
Level A harassment--NMFS' Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0;
Technical Guidance, 2018) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive).
Weyerhaeuser's activity includes the use of impulsive (impact pile
driving) and non-impulsive (vibratory pile driving) sources.
These thresholds are provided in the table below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS' 2018 Technical Guidance, which may be accessed at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
Table 3--Thresholds Identifying the Onset of PTS
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds \*\ (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB Cell 8: LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB Cell 10: LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
a reference value of 1[mu]Pa\2\s. In this table, thresholds are abbreviated to reflect American National
Standards Institute (ANSI) standards (ANSI, 2013). However, peak sound pressure is defined by ANSI as
incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
exceeded.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
The sound field in the project area is the existing background
noise plus additional construction noise from the proposed project.
Pile driving generates underwater noise that can potentially result in
disturbance to marine mammals in the project area. The maximum
(underwater) area ensonified is determined by the topography of the
Columbia River, including intersecting land masses that will reduce the
overall area of potential impact. Additionally, vessel traffic,
including the other half of the dock (berth B) remaining operational
during construction, in the project area may contribute to elevated
background noise levels, which may mask sounds produced by the project.
Transmission loss (TL) is the decrease in acoustic intensity as an
acoustic pressure wave propagates out from a source. TL parameters vary
with frequency, temperature, sea conditions, current, source and
receiver depth, water depth, water chemistry, and bottom composition
and topography. The general formula for underwater TL is:
TL = B x Log<INF>10</INF> (R<INF>1</INF>/R<INF>2</INF>),
Where
TL = transmission loss in dB;
B = transmission loss coefficient; for practical spreading equals
15;
R<INF>1</INF> = the distance of the modeled SPL from the driven
pile; and,
R<INF>2</INF> = the distance from the driven pile of the initial
measurement.
This formula neglects loss due to scattering and absorption, which
is assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. Spherical spreading occurs in a perfectly unobstructed
(free-field) environment not limited by depth or water surface,
resulting in a 6-dB reduction in sound level for each doubling of
distance from the source (20 x log <INF>10</INF> [range]). Cylindrical
spreading occurs in an environment in which sound propagation is
bounded by the water surface and sea bottom, resulting in a reduction
of 3 dB in sound level for each doubling of distance from the source
(10 x log <INF>10</INF> [range]). A practical spreading value of 15 is
often used under conditions, such as the project site, where water
increases with depth as the receiver moves away from the shoreline,
resulting in an expected propagation environment that would lie between
spherical and cylindrical spreading loss conditions. Practical
spreading loss is assumed here.
The intensity of pile driving sounds is greatly influenced by
factors such as the type of piles, hammers, and the physical
environment in which the activity takes place. In order to calculate
the distances to the Level A harassment and the Level B harassment
sound thresholds for the methods and piles being used in this project,
NMFS used acoustic monitoring data from other locations to develop
proxy source levels for the various pile types, sizes and methods
(table 4). Generally, we choose source levels from similar pile types
from locations (e.g., geology, bathymetry) similar to the project.
[[Page 64425]]
Table 4--Proxy Sound Source Levels for Pile Sizes and Driving Methods
----------------------------------------------------------------------------------------------------------------
Peak SPL (re 1 RMS SPL (re 1 SEL (re 1
Pile type and size [mu]Pa) [mu]Pa) [mu]Pa\2\-s ) Source
----------------------------------------------------------------------------------------------------------------
Vibratory pile installation and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile..................... .............. 162 .............. Caltrans, 2020.
12-in steel pipe...................... .............. 158 .............. Laughlin, 2012.
12-in steel H-pile.................... .............. 152 .............. Laughlin, 2019.
16-in steel pipe \1\.................. .............. 161 .............. Navy, 2015.
24-in temporary steel pipe............ .............. 161 .............. Navy, 2015.
30-in steel pipe...................... .............. 163 .............. Anchor, QEA, 2021;
Greenbush, 2019; Denes
et al., 2016, table 72.
----------------------------------------------------------------------------------------------------------------
Impact pile installation
----------------------------------------------------------------------------------------------------------------
30-in steel pipe \2\.................. 210 (205) 190 (185) 177 (177) Caltrans, 2020.
----------------------------------------------------------------------------------------------------------------
\1\ For the purposes of this analysis, the underwater sound source level for removal of existing 16-in steel
piles (i.e., 161 dB RMS per Navy, 2015) has been used for the removal of approximately 36 16-in steel pipe
piles and 20 fender piles (14- or 16-in steel pipe piles).
\2\ Values in parentheses indicate the calculated proxy source value minus 5 dB of assumed attenuation from the
unconfined bubble curtain.
For this project, two hammers, including any combination of
vibratory and impact hammers, may operate simultaneously. As noted
earlier, the estimated ensonified area reflects the worst-case scenario
(both hammers installing 30-in steel pipe piles) for the project.
However, the most likely scenario is the removal of a 16-in timber pile
at the same time as installing a 30-in steel pipe pile. The calculated
proxy source levels for the different potential concurrent pile driving
scenarios are shown in table 5.
Two Impact Hammers
For simultaneous impact driving of two 30-in steel pipe piles (the
most conservative scenario), the number of strikes per pile was doubled
to estimate total sound exposure during simultaneous installation.
While the likelihood of impact pile driving strikes completely
overlapping in time is rare due to the intermittent nature and short
duration of strikes, NMFS conservatively estimates that up to 20
percent of strikes may overlap completely in time. Therefore, to
calculate Level B isopleths for simultaneous impact pile driving, dB
addition (if the difference between the two sound source levels is
between 0 and 1 dB, 3 dB are added to the higher sound source level)
was used to calculate the combined sound source level of 188 dB RMS
that was used in this analysis.
One Impact Hammer, One Vibratory Hammer
To calculate Level B isopleths for one impact and one vibratory
hammer operating simultaneously, sources were treated as though they
were non-overlapping and the isopleth associated with the individual
source which results in the largest Level B harassment isopleth was
conservatively used for both sources to account for periods of
overlapping activities.
Two Vibratory Hammers
To calculate Level B isopleths for two simultaneous vibratory
hammers, the NMFS acoustic threshold calculator was used with modified
inputs to account for accumulation, weighting, and source overlap in
space and time. Using the rules of dB addition if the difference
between the two sound source levels is between 0 and 1 dB, 3 dB are
added to the higher sound source level), the combined sound source
level for the simultaneous vibratory installation of two 30-in steel
piles is 166 dB RMS.
The ensonified area associated with Level A harassment is more
technically challenging to predict due to the need to account for a
duration component. Therefore, NMFS developed an optional User
Spreadsheet tool to accompany the Technical Guidance that can be used
to relatively simply predict an isopleth distance for use in
conjunction with marine mammal density or occurrence to help predict
potential takes. We note that because of some of the assumptions
included in the methods underlying this optional tool, we anticipate
that the resulting isopleth estimates are typically going to be
overestimates of some degree, which may result in an overestimate of
potential take by Level A harassment. However, this optional tool
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources, like pile driving, the optional User Spreadsheet
tool predicts the distance at which, if a marine mammal remained at
that distance for the duration of the activity, it would be expected to
incur PTS. Inputs used in the optional User Spreadsheet tool, and the
resulting estimated isopleths, are reported in table 6, below.
To calculate Level A isopleths for two impact hammers operating
simultaneously, the NMFS User Spreadsheet calculator was used with
modified inputs to account for the total estimated number of strikes
for all piles. For simultaneous impact driving of two 30-in steel pipe
piles (the most conservative scenario), the number of strikes per pile
was doubled to estimate total sound exposure during simultaneous
installation, and the number of piles per day was reduced to one. The
source level for two simultaneous impact hammers was not adjusted
because for identical sources the accumulation of energy depends only
on the total number of strikes, whether or not they overlap fully in
time. Therefore, the source level used for two simultaneous impact
hammers was 172 dB single-strike sound exposure level
(SEL<INF>ss</INF>).
To calculate Level A isopleths of one impact hammer and one
vibratory hammer operating simultaneously, sources were treated as
though they were non-overlapping and the isopleth associated with the
individual source which resulted in the largest Level A isopleth was
conservatively used for both sources to account for periods of
overlapping activities.
To calculate Level A isopleths of two vibratory hammers operating
simultaneously, the NMFS acoustic threshold calculator was used with
modified inputs to account for accumulation, weighting, and source
overlap in space and time. Using the rules of dB addition (NMFS, 2024;
if the difference between the two sound source levels is between 0 and
1 dB, 3 dB are added to the higher sound source
[[Page 64426]]
level), the combined sound source level for the simultaneous vibratory
installation of two 30-in steel piles is 166 dB RMS.
Table 5--Calculated Proxy Sound Source Levels for Potential Concurrent Pile Driving Scenarios
----------------------------------------------------------------------------------------------------------------
Calculated proxy sound
Scenario Pile type and proxy source level
----------------------------------------------------------------------------------------------------------------
Two impact hammers...................... Impact install of 30-in steel pipe pile 172 dB SEL for Level A.
(172 dB SEL, 185 dB RMS) AND impact 188 dB RMS for Level B
install of 30-in steel pipe pile (172 dB
SEL, 185 dB RMS).
One impact hammer, one vibratory hammer. Impact install of 30-in steel pipe pile 172 dB SEL for Level A.
(172 dB SEL, 185 dB RMS) AND vibratory 163 dB RMS for Level B
install of 30-in steel pipe pile (163 dB
RMS).
Two vibratory hammers................... Vibratory install of 30-in steel pipe pile 166 dB RMS.
(163 dB RMS) AND vibratory install of 30-
in steel pipe pile (163 dB RMS).
----------------------------------------------------------------------------------------------------------------
Table 6--NMFS User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
Weighting
Spreadsheet tab factor Number of Duration to Number of
Pile size and type used adjustment piles per day drive a single strikes per
(kHz) pile (min) pile
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile............. A.1. Vibratory 2.5 8 60 NA
pile driving.
12-in steel pipe.............. A.1. Vibratory 2.5 8 60 NA
pile driving.
12-in steel H-pile............ A.1. Vibratory 2.5 8 60 NA
pile driving.
16-in steel pipe.............. A.1 Vibratory 2.5 8 60 NA
pile driving.
24-in temporary steel pipe.... A.1 Vibratory 2.5 8 60 NA
pile driving.
30-in steel pipe.............. A.1. Vibratory 2.5 8 60 NA
pile driving.
----------------------------------------------------------------------------------------------------------------
Impact pile driving
----------------------------------------------------------------------------------------------------------------
30-in steel pipe.............. E.1. Impact pile 2 8 NA 1000
driving.
----------------------------------------------------------------------------------------------------------------
Concurrent pile driving \1\
----------------------------------------------------------------------------------------------------------------
Impact install of 30-in steel E.1. Impact pile 2 1 NA 8000
pipe pile AND impact install driving.
of 30-in steel pipe pile.
Impact install of 30-in steel E.1. Impact pile 2 1 NA 8000
pipe pile AND vibratory driving.
install of 30-in steel pipe
pile.
Vibratory install of 30-in A.1. Vibratory 2.5 1 480 NA
steel pipe pile AND vibratory pile driving.
install of 30-in steel pipe
pile.
----------------------------------------------------------------------------------------------------------------
\1\ Number of strikes is no longer per pile, it is the total number of strikes per day. The number of piles per
day has been reduced to one.
Table 7--Calculated Levels A and B Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
Level A harassment zone (m/km\2\) Level B
Pile size and type -------------------------------------- harassment zone
Phocid Otariid (m/km\2\)
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile...................................... 20/0.000693 2/0.000012 6,310/8.25
12-in steel pipe....................................... 11/0.000226 1/0.000003 3,415/5.14
12-in steel H-pile..................................... 5/0.000055 1/0.000003 1,585/2.46
16-in steel pipe....................................... 17/0.000509 2/0.000012 5,412/7.47
24-in temporary steel pipe.............................
30-in steel pipe....................................... 23/0.000906 2/0.000012 7,356\a\ \b\/8.96
----------------------------------------------------------------------------------------------------------------
Impact pile driving
----------------------------------------------------------------------------------------------------------------
30-in steel pipe....................................... 395/0.25181 29/0.001393 464/0.35
----------------------------------------------------------------------------------------------------------------
Concurrent pile driving
----------------------------------------------------------------------------------------------------------------
Impact install of 30-in steel pipe pile AND impact 395/0.25181 29/0.001393 736/0.89
install of 30-in steel pipe pile......................
Impact install of 30-in steel pipe pile AND vibratory 7,356\a\ \b\/8.96
install of 30-in steel pipe pile......................
[[Page 64427]]
Vibratory install of 30-in steel pipe pile AND 36/2,153 3/0.000023 11,660 \b\/10.52
vibratory install of 30-in steel pipe pile............
----------------------------------------------------------------------------------------------------------------
\a\ The Level B harassment thresholds for the vibratory installation of a single 30-in steel pile are equivalent
to the potential simultaneous installation of up to two 30-inch steel piles using one impact hammer and one
vibratory hammer operating concurrently. As noted previously, Levels A and B harassment thresholds for
simultaneous pile driving were analyzed based on interim guidance provided by NMFS (2024).
\b\ The Level B harassment thresholds reported above were calculated using the practical spreading loss model,
although the extent of actual sound propagation will be limited to the areas identified in figure 6-3 of
Weyerhaeuser's application due to the shape and configuration of the Columbia River in the vicinity.
Marine Mammal Occurrence and Take Estimation
In this section, we provide information about the occurrence of
marine mammals that will inform the take calculations, and describe how
the information provided is synthesized to produce a quantitative
estimate of the take that is reasonably likely to occur and authorized.
Daily occurrence data cones from USACE compiled weekly monitoring
reports collected at the Bonneville Dam (river mile (RM) 146) from 2020
through 2021 (van der Leeuw and Tidwell, 2022). As pinnipeds would need
to swim past the proposed project site to reach the dam, the number of
animals observed at Bonneville Dam may be slightly lower than what
would be observed at the project site. The take calculations for this
project are:
Incidental take estimate = (number of days during work window x
estimated number of animals per day) + (number of days outside work
window x estimated number of animals per day).
California Sea Lion
The numbers of California sea lions observed at Bonneville Dam have
been in decline in recent years and ranged from 149 in 2016 to a total
of 24 in 2021 (van der Leeuw and Tidwell, 2022). During the spring
period from January 1 to May 6, 2020, daily counts averaged 0.9 animals
<plus-minus> 3.3 standard deviation, with a high of seven individuals
(Tidwell et al., 2020). During spring 2021, California sea lions were
present from late March through late May, but in relatively low
numbers, with most days having five or fewer present (van der Leeuw and
Tidwell, 2022). It is difficult to estimate the number of California
sea lions that could potentially occur in the Level B harassment zone
during the fall in-water work window from these data, because the
numbers at Bonneville Dam reflect a strong seasonal presence in spring.
A conservative estimate of three California sea lions per day during
the in-water work window and five California sea lions per day outside
the in-water work window was used. Therefore, using the equation given
above, the estimated number of takes by Level B harassment for
California sea lions would be 510.
The largest Level A harassment zone for California sea lions
extends 29 m from the sound source (table 7) during impact pile
driving. All construction work would be shut down prior to a California
sea lion entering the Level A harassment zone specific to the in-water
activity underway at the time. In consideration of the small Level A
harassment isopleth and proposed shutdown requirements, no take by
Level A harassment is anticipated or authorized for California sea
lions.
Steller Sea Lion
Steller sea lions have been observed in varying numbers at
Bonneville Dam throughout much of the year, with a peak in April and
May (Tidwell et al., 2020; van der Leeuw and Tidwell, 2022). Reports
from a 2-year period observed daily counts of 12 to 20 Steller sea
lions during the fall survey period (Tidwell et al., 2020, Tidwell and
van der Leeuw, 2021), and up to 27 Steller sea lions per day in the
spring (van der Leeuw and Tidwell, 2022). A conservative estimate of 20
Steller sea lions per day during the in-water work window and 27
Steller sea lions per day outside the in-water work window was used.
Therefore, using the equation given above, the estimated number of
takes by Level B harassment for Steller sea lions would be 3,210.
The largest Level A harassment zone for Steller sea lions extends
29 m from the sound source (table 7) during impact pile driving. All
construction work would be shut down prior to a Steller sea lion
entering the Level A harassment zone specific to the in-water activity
underway at the time. In consideration of the small Level A harassment
isopleth and proposed shutdown requirements, no take by Level A
harassment is anticipated or authorized for Steller sea lions.
Harbor Seal
Harbor seals are rarely observed at Bonneville Dam, but have been
recorded in low numbers over the past 10 years. A recent IHA issued for
the Port of Kalama Manufacturing and Marine Export Facility (85 FR
76527), which is located near the proposed project site, used a
conservative estimate based on anecdotal information of harbor seals
residing near the mouths of the Cowlitz and Kalama Rivers and estimated
that there could be up to 10 present on any given day of pile driving
(NMFS, 2017; 81 FR 15064, March 21, 2016). Therefore, using the
equation given above, the calculated estimate of take by Level B
harassment for harbor seals would be 1,500.
The largest Level A harassment zone for harbor seals extends 395 m
from the sound source (table 7) during impact pile driving. The Port of
Kalama project estimated that one harbor seal per day could be present
in the Level A harassment zone for each day of impact pile driving.
Given that the largest Level A isopleth extends approximately half the
width of the river (810 m), the calculated estimated take by Level A
harassment for harbor seals would be 58 (1 seal on 48.5% of the 120
impact pile driving days).
[[Page 64428]]
Table 8--Estimated Take by Levels A and B Harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized
Stock Level A Level B Total take as a
Common name Stock abundance harassment harassment authorized percentage of
take stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion....................... U.S. Stock.................. 257,606 0 510 510 0.2
Steller sea lion.......................... Eastern DPS................. 36,308 0 3,210 3,210 8.8
Harbor seal............................... OR/WA coastal stock......... 24,732 58 1,500 1,558 6.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
The mitigation measures described in the following paragraphs will
apply to the Weyerhaeuser in-water construction activities.
Shutdown and Monitoring Zones
Weyerhaeuser must establish shutdown zones and Level B harassment
monitoring zones for all pile driving activities. The purpose of a
shutdown zone is generally to define an area within which shutdown of
the activity would occur upon sighting of a marine animal (or in
anticipation of an animal entering the defined area). Shutdown zones
are based on the largest Level A harassment zone for each pile size/
type and driving method, and behavioral monitoring zones are meant to
encompass Level B harassment zones for each pile size/type and driving
method, as shown in table 9. A minimum shutdown zone of 10 m will be
required for all in-water construction activities to avoid physical
interaction with marine mammals. Shutdown zones for each activity type
are shown in table 9.
Prior to pile driving, Protected Species Observers (PSOs) will
survey the shutdown zones and surrounding areas for at least 30 minutes
before pile driving activities start. If marine mammals are found
within the shutdown zone, pile driving will be delayed until the animal
has moved out of the shutdown zone, either verified by an observer or
by waiting until 15 minutes has elapsed without a sighting. If a marine
mammal approaches or enters the shutdown zone during pile driving, the
activity will be halted. Pile driving may resume after the animal has
moved out of and is moving away from the shutdown zone or after at
least 15 minutes has passed since the last observation of the animal.
All marine mammals will be monitored in the Level B harassment to
the extent of visibility for the on-duty PSOs. If a marine mammal for
which take is authorized enters the Level B harassment zone, in-water
activities will continue and PSOs will document the animal's presence
within the estimated harassment zone.
If a species for which authorization has not been granted, or for
which the authorized takes are met, is observed approaching or within
the Level B harassment zone, pile driving activities will be shut down
immediately. Activities will not resume until the animal has been
confirmed to have left the area or 15 minutes has elapsed with no
sighting of the animal.
Table 9--Shutdown and Level B Monitoring Zones by Activity
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m) Harassment
Method Pile size and type -------------------------------- monitoring
Phocid Otariid zone (m)
----------------------------------------------------------------------------------------------------------------
Vibratory.......................... 16-in timber pile removal.. 20 10 6,310
12-in steel pipe pile 15 10 3,415
removal.
12-in steel H-pile removal. 10 10 1,585
16-in steel pipe removal... 20 10 5,412
24-in steel pipe pile 20 10 5,412
(temporary) installation
and removal.
30-in steel pipe pile 25 10 7,356
installation.
Impact............................. 30-in steel pipe pile 200 30 464
installation.
Concurrent pile driving............ Two impact hammers......... 200 30 736
One impact hammer and one 200 30 7,356
vibratory hammer.
Two vibratory hammers...... 40 10 11,660
----------------------------------------------------------------------------------------------------------------
[[Page 64429]]
PSOs
The placement of PSOs during all pile driving and removal
activities (described in detail in the Monitoring and Reporting
section) will ensure that the ensonified area of the Columbia River is
visible during pile installation.
Pre- and Post-Activity Monitoring
Monitoring must take place from 30 minutes prior to initiation of
pile driving activities (i.e., pre-clearance monitoring) through 30
minutes post-completion of pile driving. Prior to the start of daily
in-water construction activity, or whenever a break in pile driving of
30 minutes or longer occurs, PSOs will observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone will be
considered cleared when a marine mammal has not been observed within
the zone for a 30-minute period. If a marine mammal is observed within
the shutdown zones, pile driving activity will be delayed or halted. If
work ceases for more than 30 minutes, the pre-activity monitoring of
the shutdown zones will commence. A determination that the shutdown
zone is clear must be made during a period of good visibility (i.e.,
the entire shutdown zone and surrounding waters must be visible to the
naked eye).
Bubble Curtain
A bubble curtain must be employed during all impact pile driving
activities to interrupt the acoustic pressure and reduce impact on
marine mammals. The bubble curtain must distribute air bubbles around
100 percent of the piling circumference for the full depth of the water
column. The lowest bubble ring must be in contact with the mudline for
the full circumference of the ring. The weights attached to the bottom
ring must ensure 100 percent substrate contact. No parts of the ring or
other objects may prevent full substrate contact. Air flow to the
bubblers must be balanced around the circumference of the pile. If
simultaneous use of two impact hammers occurs, both piles must be
mitigated with bubble curtains as described above.
Soft Start
Soft-start procedures are believed to provide additional protection
to marine mammals by providing warning and/or giving marine mammals a
chance to leave the area prior to the impact hammer operating at full
capacity. For impact driving, an initial set of three strikes will be
made by the hammer at reduced energy, followed by a 30-second waiting
period, then two subsequent three-strike sets before initiating
continuous driving. Soft start will be implemented at the start of each
day's impact pile driving and at any time following cessation of impact
pile driving for a period of 30 minutes or longer.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the proposed mitigation measures provide the means
of effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
<bullet> Mitigation and monitoring effectiveness.
Visual Monitoring
Marine mammal monitoring must be conducted in accordance with
section 5 of the IHA. Marine mammal monitoring during pile driving and
removal must be conducted by NMFS-approved PSOs in a manner consistent
with the following:
<bullet> PSOs must be independent of the activity contractor (for
example, employed by a subcontractor) and have no other assigned tasks
during monitoring periods;
<bullet> At least one PSO must have prior experience performing the
duties of a PSO during construction activity pursuant to a NMFS-issued
incidental take authorization;
<bullet> Other PSOs may substitute education (degree in biological
science or related field) or training for experience; and,
<bullet> Weyerhaeuser must submit PSO Curriculum Vitae for approval
by NMFS prior to the onset of pile driving.
PSOs must have the following additional qualifications:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and,
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary. Weyerhaeuser will employ up to four
PSOs. PSO locations will provide an unobstructed view of all water
within the shutdown zone(s), and as much of the Level A harassment and
Level B harassment zones as possible. PSOs will be stationed along the
shore of the Columbia River.
[[Page 64430]]
Weyerhaeuser will ensure that construction supervisors and crews,
the monitoring team, and relevant Weyerhaeuser staff are trained prior
to the start of activities subject to the proposed IHA, so that
responsibilities, communication procedures, monitoring protocols, and
operational procedures are clearly understood. New personnel joining
during the project will be trained prior to commencing work. Monitoring
will occur for all pile driving activities during the pile installation
work window (September 1, 2025 through January 31, 2026). For pile
removal activities outside the work window, one PSO will be on site to
monitor the ensonified area once every 7 calendar days, whether or not
vibratory pile extraction occurs on that day. Monitoring will be
conducted 30 minutes before, during, and 30 minutes after pile driving/
removal activities. In addition, observers shall record all incidents
of marine mammal occurrence, regardless of distance from activity, and
shall document any behavioral reactions in concert with distance from
piles being driven or removed. Pile driving/removal activities include
the time to install or remove a single pile or series of piles, as long
as the time elapsed between uses of the pile driving equipment is no
more than 30 minutes.
Data Collection
PSOs will use approved data forms to record the following
information:
<bullet> Dates and times (beginning and end) of all marine mammal
monitoring.
<bullet> PSO locations during marine mammal monitoring.
<bullet> Construction activities occurring during each daily
observation period, including how many and what type of piles were
driven or removed and by what method (i.e., vibratory or impact).
<bullet> Weather parameters and water conditions.
<bullet> The number of marine mammals observed, by species,
relative to the pile location and if pile driving or removal was
occurring at time of sighting.
<bullet> Distance and bearings of each marine mammal observed to
the pile being driven or removed.
<bullet> Description of marine mammal behavior patterns, including
direction of travel.
<bullet> Age and sex class, if possible, of all marine mammals
observed.
<bullet> Detailed information about implementation of any
mitigation triggered (such as shutdowns and delays), a description of
specific actions that ensued, and resulting behavior of the animal if
any.
Reporting
A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities. It would include an overall description of work completed,
a narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report must include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring.
<bullet> Construction activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., vibratory driving) and the total
equipment duration for cutting for each pile.
<bullet> PSO locations during marine mammal monitoring.
<bullet> Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance.
<bullet> Upon observation of a marine mammal, the following
information: (1) name of PSO who sighted the animal(s) and PSO location
and activity at time of sighting; (2) time of sighting; (3)
identification of the animal(s) (e.g., genus/species, lowest possible
taxonomic level, or unidentified), PSO confidence in identification,
and the composition of the group if there is a mix of species; (4)
distance and bearing of each marine mammal observed relative to the
pile being driven for each sighting (if pile driving was occurring at
time of sighting); (5) estimated number of animals (min/max/best
estimate); (6) estimated number of animals by cohort (adults,
juveniles, neonates, group composition, etc.); (7) animal's closest
point of approach and estimated time spent within the harassment zone;
and (8) description of any marine mammal behavioral observations (e.g.,
observed behaviors such as feeding or traveling), including an
assessment of behavioral responses thought to have resulted from the
activity (e.g., no response or changes in behavioral state such as
ceasing feeding, changing direction, flushing, or breaching).
<bullet> Number of marine mammals detected within the harassment
zones, by species.
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting changes in behavior of the
animal(s), if any.
If no comments are received from NMFS within 30 days, the draft
final report would constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, Weyerhaeuser shall report
the incident to the OPR, NMFS and to the west coast regional stranding
network as soon as feasible. If the death or injury was clearly caused
by the specified activity, Weyerhaeuser must immediately cease the
specified activities until NMFS is able to review the circumstances of
the incident and determine what, if any, additional measures are
appropriate to ensure compliance with the terms of the IHA. The IHA-
holder must not resume their activities until notified by NMFS. The
report must include the following information:
<bullet> Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and,
<bullet> 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
[[Page 64431]]
impacts affecting energetics), as well as effects on habitat, and the
likely effectiveness of the mitigation. We also assess the number,
intensity, and context of estimated takes by evaluating this
information relative to population status. Consistent with the 1989
preamble for NMFS' implementing regulations (54 FR 40338, September 29,
1989), the impacts from other past and ongoing anthropogenic activities
are incorporated into this analysis via their impacts on the baseline
(e.g., as reflected in the regulatory status of the species, population
size and growth rate where known, ongoing sources of human-caused
mortality, or ambient noise levels).
To avoid repetition, the discussion of our analysis applies to
California sea lions, Steller sea lions, and harbor seals, given that
the anticipated effects of this activity on these different marine
mammal stocks are expected to be similar. There is little information
about the nature or severity of the impacts, or the size, status, or
structure of any of these species or stocks that would lead to a
different analysis for this activity.
Pile driving activities have the potential to disturb or displace
marine mammals. Specifically, the project activities may result in
take, in the form of Level A harassment and Level B harassment from
underwater sounds generated from pile driving and removal. Potential
takes could occur if individuals are present in the ensonified zone
when these activities are underway.
The takes from Level B harassment would be due to potential
behavioral disturbance, and TTS. Level A harassment takes would be due
to PTS. No mortality or serious injury is anticipated given the nature
of the activity, even in the absence of the required mitigation. The
potential for harassment is minimized through the construction method
and the implementation of the mitigation measures (see Mitigation
section).
Take would occur within a limited, confined area (the Columbia
River) of the stocks' ranges. Level A harassment and Level B harassment
would be reduced to the level of least practicable adverse impact
through use of mitigation measures described herein. Further, the
amount of take authorized is extremely small when compared to stock
abundance, and the project is not anticipated to impact any known
important habitat areas for any marine mammal species.
Take by Level A harassment is authorized to account for the
potential that an animal could enter and remain within the area between
a Level A harassment zone and the shutdown zone for a duration long
enough to be taken by Level A harassment. Any take by Level A
harassment is expected to arise from, at most, a small degree of PTS
because animals would need to be exposed to higher levels and/or longer
duration than are expected to occur here in order to incur any more
than a small degree of PTS. Additionally, and as noted previously, some
subset of the individuals that are behaviorally harassed could also
simultaneously incur some small degree of TTS for a short duration of
time. Because of the small degree anticipated, though, any PTS or TTS
potentially incurred here would not be expected to adversely impact
individual fitness, let alone annual rates of recruitment or survival.
Behavioral responses of marine mammals to pile driving at the
project site, if any, are expected to be mild and temporary. Marine
mammals within the Level B harassment zone may not show any visual cues
they are disturbed by activities or could become alert, avoid the area,
leave the area, or display other mild responses that are not observable
such as changes in vocalization patterns. Given the limited number of
piles to be installed or extracted per day and that pile driving and
removal would occur across a maximum of 150 days within the 12-month
authorization period, any harassment would be temporary.
Any impacts on marine mammal prey that would occur during
Weyerhaeuser's activity would have, at most, short-term effects on
foraging of individual marine mammals, and likely no effect on the
populations of marine mammals as a whole. Indirect effects on marine
mammal prey during the construction are expected to be minor, and these
effects are unlikely to cause substantial effects on marine mammals at
the individual level, with no expected effect on annual rates of
recruitment or survival.
In addition, it is unlikely that minor noise effects in a small,
localized area of habitat would have any effect on the stocks' annual
rates of recruitment or survival. In combination, we believe that these
factors, as well as the available body of evidence from other similar
activities, demonstrate that the potential effects of the specified
activities will have only minor, short-term effects on individuals. The
specified activities are not expected to impact rates of recruitment or
survival and will therefore not result in population-level impacts.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect any of the species or stocks
through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> The intensity of anticipated takes by Level B harassment
is relatively low for all stocks and would not be of a duration or
intensity expected to result in impacts on reproduction or survival;
<bullet> No important habitat areas have been identified within the
project area;
<bullet> For all species, the Columbia River is a very small and
peripheral part of their range and anticipated habitat impacts are
minor; and,
<bullet> Weyerhaeuser will implement mitigation measures, such as
soft-starts for impact pile driving and shut downs to minimize the
numbers of marine mammals exposed to injurious levels of sound, and to
ensure that take by Level A harassment, is at most, a small degree of
PTS.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
proposed activity will have a negligible impact on all affected marine
mammal species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
Table 8 demonstrates the number of animals that could be exposed to
received noise levels that could cause Level B harassment for the work.
Our analysis shows that less than 10 percent of each affected stock
could be taken by harassment. The numbers of animals authorized to be
taken for these stocks
[[Page 64432]]
would be considered small relative to the relevant stock's abundances,
even if each estimated taking occurred to a new individual--an
extremely unlikely scenario.
Based on the analysis contained herein of the activity (including
the mitigation and monitoring measures) and the authorized take of
marine mammals, NMFS finds that small numbers of marine mammals would
be taken relative to the population size of the affected species or
stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the 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.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our action (i.e., the issuance of an IHA) with respect
to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 216-6A, which do not
individually or cumulatively have the potential for significant impacts
on the quality of the human environment and for which we have not
identified any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of this IHA qualifies to be categorically excluded from
further NEPA review.
Authorization
NMFS has issued an IHA to Weyerhaeuser for the potential harassment
of small numbers of three marine mammal species incidental to the Log
Export Dock Project on the Columbia River near Longview, Washington
that includes the previously explained mitigation, monitoring and
reporting requirements.
Dated: August 2, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-17470 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 7, 2024.
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