Notice2024-20392
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferndale Pier Maintenance Activities in Ferndale, 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
September 10, 2024
Effective
August 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 Petrogas Pacific, LLC (Petrogas) to incidentally harass marine mammals during construction activities associated with Ferndale Pier Maintenance Activities in Ferndale, Washington.
Full Text
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73381-73392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20392]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE196]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ferndale Pier Maintenance
Activities in Ferndale, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Petrogas Pacific, LLC (Petrogas) to incidentally harass marine mammals
during construction activities associated with Ferndale Pier
Maintenance Activities in Ferndale, Washington.
DATES: The authorization is effective from August 1, 2025 to July 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/action/incidental-take-authorization-petrogas-pacific-llcs-ferndale-pier-maintenance-activities">https://www.fisheries.noaa.gov/action/incidental-take-authorization-petrogas-pacific-llcs-ferndale-pier-maintenance-activities</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are proposed or, if the taking is limited to harassment, a notice of a
proposed IHA is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the monitoring and
reporting of the takings. The definitions of all applicable MMPA
statutory terms cited above are included in the relevant sections
below.
Summary of Request
On January 3, 2024 we received a request from Petrogas for an IHA
to take marine mammals incidental to Ferndale Pier Maintenance
Activities in Ferndale, Washington. Following NMFS' review of the
application, Petrogas submitted a revised version on March 26, 2024.
The application was deemed adequate and complete on April 25, 2024. The
notice of proposed IHA published for public comment on June 4, 2024 (89
FR 47903). Petrogas requested authorization of take of harbor seal,
California sea lion, Steller sea lion and harbor porpoise by Level B
harassment and, for harbor seal and harbor porpoise only, take by Level
A harassment. Neither Petrogas nor NMFS expect serious injury or
mortality to result from this activity and, therefore, an IHA is
appropriate.
Description of the Specified Activity
Petrogas is planning to remove the existing timber Pier that has
served as a loading facility since 1965 and replace it with a new
structure that meets current industry best practices. The activity
includes vibratory removal of existing timber piles and installation of
steel piles by both vibratory and impact driving. Due to in-water work
timing restrictions to protect Endangered Species Act (ESA)-listed
salmonids, all planned in-water construction in this area is limited to
a work window
[[Page 73382]]
beginning August 1 and ending February 1. However, since the Strait of
Georgia is a very large water body with a long fetch, calm in-water
work conditions are typically only available from August to the end of
October. In-water construction will occur for 17 days intermittently
between August 1, 2025 and October 31, 2026. Take of marine mammals is
anticipated to occur due to vibratory pile removal as well as impact
and vibratory pile installation.
A detailed description of the planned project is provided in the
Federal Register notice for the proposed IHA (89 FR 47903, June 4,
2024). 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 Petrogas was
published in the Federal Register on June 4, 2024 (89 FR 47903). That
notice described, in detail, Petrogas' activity, the marine mammal
species that may be affected by the activity, and the anticipated
effects on marine mammals. In that notice, we requested public input on
the request for authorization described therein, our analyses, the
proposed authorization, and any other aspect of the notice of proposed
IHA, and requested that interested persons submit relevant information,
suggestions, and comments. During the 30-day public comment period,
NMFS did not receive any public comments.
Changes From the Proposed IHA to Final IHA
The notice of proposed IHA (89 FR 47903, June 4, 2024) indicated
that the IHA would be effective from August 1, 2024 to July 31, 2025.
Petrogas has decided to delay the start of the project by 1 year. The
new effective dates are from August 1, 2025 to July 31, 2026.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of 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 exposure is expected
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 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' Alaska and Pacific 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-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>). All species that could potentially occur in
the planned project area are included in table 2 of the IHA
application. While the gray whale, minke whale, Dall's porpoise, and
the Eastern North Pacific Northern Resident stock of killer whale have
been reported in the area, the temporal and/or spatial occurrence of
these species is such that take is not expected to occur, and they are
not discussed further beyond the explanation provided in the Federal
Register notice for the proposed IHA (89 FR 47903, June 4, 2024).
Table 1--Species for Which Take Could Occur in the Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stock abundance
ESA/MMPA status; (CV, Nmin, most Annual M/SI3
Common name Scientific name Stock strategic (Y/N) \1\ recent abundance PBR \3\
survey) \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Artiodactyla--Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals)
Humpback Whale............... Megaptera Central America/ E, D, Y............. 1,494 (0.171, 3.5 14.9
novaeangliae. Southern Mexico--CA/ 1,284, 2021).
OR/WA.
Humpback Whale............... Megaptera Mainland Mexico--CA/ T, D, Y............. 3,477 (0.101, 43 22
novaeangliae. OR/WA. 3,185, 2018).
Humpback Whale............... Megaptera Hawaii.............. -, -, N............. 11,278 (0.56, 127 27.09
novaeangliae. 7,265, 2020).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae
Killer Whale................. Orcinus orca........ Eastern North E, D, Y............. 73 (N/A, 73, 2022). 0.13 0
Pacific Southern
Resident.
Killer Whale................. Orcinus orca........ West Coast Transient -, -, N............. 349 (N/A, 349, 3.5 0.4
2018).
Family Phocoenidae (porpoises)
Harbor porpoise.............. Phocoena phocoena... Washington Inland -, -, N............. 11,233 (0.37, 66 >=7.2
Waters. 8,308, 2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 73383]]
Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
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, 2,178 93.2
36,308, 2022).
Family Phocidae (earless seals)
Harbor Seal.................. Phoca vitulina...... Washington Northern -, -, N............. 16,451 (0.07, 928 40
Inland Waters. 15,462, 2019).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(<a href="https://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>). 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.
\2\ NMFS marine mammal stock assessment reports 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> assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, vessel strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
A detailed description of the species likely to be affected by
Petrogas' construction 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 47903, June 4, 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 the NMFS website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Note that no direct measurements of
hearing ability have been successfully completed for mysticetes (i.e.,
low-frequency cetaceans). Subsequently, NMFS (2018) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65
decibel (dB) threshold from the normalized composite audiograms, with
the exception for lower limits for low-frequency cetaceans where the
lower bound was deemed to be biologically implausible and the lower
bound from Southall et al. (2007) retained. Marine mammal hearing
groups and their associated hearing ranges are provided in table 2.
Table 2--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 35 kHz.
whales).
Mid-frequency (MF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus
cruciger & L. australis).
Phocid pinnipeds (PW) (underwater) 50 Hz to 86 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 39 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth et al.,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from Petrogas' activities have the
potential to result in harassment of marine mammals in the vicinity of
the southeastern shores of the Strait of Georgia, in Puget Sound,
Washington.
[[Page 73384]]
The notice of proposed IHA (89 FR 47903, June 4, 2024) included a
discussion of the effects of anthropogenic noise on marine mammals and
the potential effects of underwater noise from vibratory pile driving
on marine mammals and their habitat. That information and analysis is
referenced in this final IHA determination and is not repeated here;
please refer to the notice of proposed IHA (89 FR 47903, June 4, 2024).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through the IHA, which informed 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 would primarily be by Level B harassment, as use
of the acoustic stressors (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 high frequency species (harbor
porpoise) and phocids (harbor seal). Auditory injury is unlikely to
occur for other species. The required 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. Below we describe how the
authorized take numbers were estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the authorized take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur permanent threshold shift (PTS) of some
degree (equated to Level A harassment). Acoustic thresholds used in
this analysis were discussed in detail in the notice of proposed IHA
(89 FR 47903, June 4, 2024) and not repeated here. Please see that
notice for additional detail.
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 (TL)
coefficient.
The sound field in the project area is the existing background
noise plus additional construction noise from the project. Marine
mammals are expected to be affected via sound generated by the primary
components of the project (i.e., impact pile driving, vibratory pile
driving and removal). Additionally, vessel traffic and other commercial
and industrial activities in the project area may contribute to
elevated background noise levels which may mask sounds produced by the
project.
TL is the decrease in acoustic intensity as an acoustic pressure
wave propagates out from a source. TL parameters vary with frequency,
temperature, sea conditions, current, source and receiver depth, water
depth, water chemistry, and bottom composition and topography. The
general formula for underwater TL is:
TL = B * Log<INF>10</INF> (R<INF>1</INF>/R<INF>2</INF>),
where
TL = transmission loss in dB
B = transmission loss coefficient
R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement
This formula neglects loss due to scattering and absorption, which
is assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. Spherical spreading occurs in a perfectly unobstructed
(free-field) environment not limited by depth or water surface,
resulting in a 6-dB reduction in sound level for each doubling of
distance from the source (20*log[range]). Cylindrical spreading occurs
in an environment in which sound propagation is bounded by the water
surface and sea bottom, resulting in a reduction of 3 dB in sound level
for each doubling of distance from the source (10*log[range]). A
practical spreading value of 15 is often used under conditions, such as
the project site, where water increases with depth as the receiver
moves away from the shoreline, resulting in an expected propagation
environment that 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. The
project includes vibratory and impact pile installation of 30-in steel
piles and vibratory removal of 16-in timber piles. Source levels for
the various pile sizes and driving methods are presented in table 3.
Bubble curtains will employed during all impact driving, with an
assumed 5 dB effective attenuation (Caltrans 2020).
[[Page 73385]]
Table 3--Proxy Sound Source Levels for Pile Sizes and Driving Methods
----------------------------------------------------------------------------------------------------------------
Noise level \1\ Distance from
Equipment used ------------------------------------------------ measurement
dB peak dB rms dB SEL (m)
----------------------------------------------------------------------------------------------------------------
Impact pile driving 30-inch steel piles \2\..... 210 190 177 10
Vibratory pile driving 30-inch steel piles \3\.. 196 159 .............. 10
Vibratory pile driver pulling 16-inch timber .............. 162 .............. 10
piles\3\.......................................
----------------------------------------------------------------------------------------------------------------
\1\ SL values shown do not include -5 dB attenuation for bubble curtain usage. The -5 dB correction for
attenuation was applied to determine harassment isopleths (Table 5).
\2\ Caltrans 2015.
\3\ Caltrans 2020.
The ensonified area associated with Level A harassment is more
technically challenging to predict due to the need to account for a
duration component. Therefore, NMFS developed an optional User
Spreadsheet tool to accompany the Technical Guidance that can be used
to relatively simply predict an isopleth distance for use in
conjunction with marine mammal density or occurrence to help predict
potential takes. We note that because of some of the assumptions
included in the methods underlying this optional tool, we anticipate
that the resulting isopleth estimates are typically going to be
overestimates of some degree, which may result in an overestimate of
potential take by Level A harassment. However, this optional tool
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources such as impact or vibratory pile driving and
removal, the optional User Spreadsheet tool predicts the distance at
which, if a marine mammal remained at that distance for the duration of
the activity, it would be expected to incur PTS. Inputs used for impact
driving in the optional User Spreadsheet tool, and the resulting
estimated isopleths, are reported below in table 4 and table 5 below.
Table 4--User Spreadsheet Inputs for Level A Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
30-in steel
Inputs 30-in steel impact vibratory 16-in timber
installation installation vibratory removal
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used....................... (E.1) Impact Pile Driving (A.1) Vibratory Pile Driving
(STATIONARY SOURCE: (STATIONARY: Non-impulsive,
Impulsive, Intermittent). Continuous)
-------------------------------------
Source Level (Single Strike/shot SEL)...... 177..........................
Peak....................................... 210..........................
RMS........................................ 190.......................... 159 162
Weighting Factor Adjustment (kHz).......... 2............................ 2.5 2.5
Strikes per pile........................... 2000.........................
Piles Per day.............................. 1.5.......................... 1.5 20
Propagation (xLogR)........................ 15........................... 15 15
Duration................................... ............................. 20 2
Distance of source level measurement 10........................... 10 10
(meters).
----------------------------------------------------------------------------------------------------------------
Table 5--Calculated Level A and Level B Harassment Isopleths (m) and Ensonified Areas
[km\2\ in Parentheses]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A pinnipeds Level A cetaceans
Pile size/type -------------------------------------------------------------------------------- Level B
Harbor seal Sea lions LF MF HF
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact Installation 160 dB
threshold
-----------------------------------------------------------------------------------------------
30-in steel............................................. 205.4 (0.139) 15 (0.001) 383.2 (0.463) 13.7 (0.001) 457.2 (0.665) 464.2 (0.679)
-----------------------------------------------------------------------------------------------
Vibratory Installation/Removal * 120 dB
threshold
-----------------------------------------------------------------------------------------------
16-in Timber Piles...................................... 3.7 0.3 6.1 0.5 9.0 6,309.6 (62.5)
30-in steel............................................. 1.9 0.1 3.2 0.3 4.7 3,981 (24.9)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The Level A harassment isopleths associated with vibratory installation/removal are all below the minimum shutdown zone and result in very small
ensonified areas. Therefore they are not provided in this table but will be included in the following calculated take tables.
[[Page 73386]]
Marine Mammal Occurrence and Take Estimation
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information which
will inform the take calculations. The primary source for density
estimates is from the Navy Marine Species Density Database (NMSDD)
Phase III for the Northwest Training and Testing Study Area (Navy,
2019). Therefore, a lower value was used for harbor porpoise density.
These density estimates are shown in table 6 and will be used to
calculate take due to the lack of site-specific data that is available.
To quantitatively assess potential exposure of marine mammals to
noise levels from pile driving over the NMFS threshold guidance, the
following equation was first used to provide an estimate of potential
exposures within estimated harassment zones:
Exposure estimate = N x Level B harassment zone (km\2\) x maximum days
of pile driving
where
N = density estimate (animals per km\2\) used for each species.
Table 6--Marine Mammal Species Densities Used for Exposure Calculations
------------------------------------------------------------------------
Density
Species Region characterized (animals/
km\2\)
------------------------------------------------------------------------
Humpback Whale................. North Puget Sound/San 0.0027
Juan Islands (Fall and
Winter).
Killer Whale (Southern North Puget Sound/San 0.0078
Resident). Juan.
Islands (Fall and
Winter).
Killer Whale (Transient)....... North Puget Sound/San 0.0031
Juan Islands (Fall and
Winter).
Harbor Porpoise................ North Puget Sound...... 2.16
Steller Sea Lion............... North Puget Sound/San 0.0027
Juan Islands (Fall).
California Sea Lion............ North Puget Sound/San 0.0179
Juan Islands (Fall).
Harbor Seal.................... North Puget Sound/San 0.76
Juan Islands (Fall).
------------------------------------------------------------------------
Source: Navy 2019.
Table 7 below shows the total calculated take by Level A and Level
B harassment over the 17 in-water work days for the Petrogas activity
resulting in total calculated take.
Table 7--Calculated Take by Level A and Level B Harassment
----------------------------------------------------------------------------------------------------------------
7 days 7 days 10 days
------------------------------------------------
Total days 30-in steel 16-in timber Requested
30-in steel vibratory vibratory level A take
impact driving driving removal
----------------------------------------------------------------------------------------------------------------
Level A Level A Level A Totals Total
----------------------------------------------------------------------------------------------------------------
Humpback Whale.................. 0.009 0.000 0.000 0.009 0
Southern Resident Killer Whales. 0.000 0.000 0.000 0.000 0
Transient Killer whales......... 0.000 0.000 0.000 0.000 0
Harbor Porpoise................. 10.1 0.005 0.007 10.063 10
Steller Sea Lion................ 0.000 0.000 0.000 0.000 0
Cali Sea Lion................... 0.000 0.000 0.000 0.000 0
Harbor Seal..................... 0.737 0.002 0.002 0.741 1
----------------------------------------------------------------------------------------------------------------
Level B Calculated Take .............. .............. .............. Total Level B Requested
Calculated Level B Take
Take
----------------------------------------------------------------------------------------------------------------
Level B Level B Level B Totals
----------------------------------------------------------------------------------------------------------------
Humpback Whale.................. 0.013 0.471 1.689 2.172 0
Southern Resident Killer Whale.. 0.037 1.359 4.878 6.275 0
Transient Killer Whale.......... 0.015 0.533 1.914 2.462 0
Harbor Porpoise................. 10.271 376.405 1,350.927 1,738 1,738
Steller Sea Lion................ 0.013 0.471 1.689 2.172 17
California Sea Lion............. 0.085 3.119 11.195 14.400 51
Harbor Seal..................... 3.614 132.439 475.326 611.379 611
----------------------------------------------------------------------------------------------------------------
Humpback Whale
Humpback whales are an uncommon occurrence near the project area
but they do have the potential to be in the area as they migrate to
feeding grounds to the north and mating grounds far south. Based on
best available density estimates Petrogas has calculated the potential
take of two humpback whales by Level B harassment. However, they will
shut down whenever humpback whales approach the Level B harassment
zone. Given the low density of humpback whales in the project area, the
ability to detect the whales visually from a considerable distance, the
capacity to track whales through the Orca Network, and the anticipated
efficacy of required mitigation and monitoring measures, Petrogas did
not request take. NMFS concurs with this assessment and, therefore, has
not authorized take of humpback whales.
[[Page 73387]]
Killer Whales
Both Southern resident killer whales (SRKWs) and transient killer
whales could occur near the project area. Take calculations indicate
that up to six SRKWs and two transient whales could be taken by Level B
harassment. Even though the project site is located in summer core area
critical habitat, the southeastern corner of the Strait of Georgia is
not a location where SRKW are commonly located. After reviewing the
monthly reports of September through October from 2016-2023, the
occurrence of killer whales from any stock was uncommon in the
southeastern corner of the Strait of Georgia. Furthermore SRKWs were
far less prevalent when compared to transients (ORCA 2024). Given the
expansive range of SRKWs; the relatively small area of their habitat
that may be affected by the planned project; the ready availability of
habitat of similar or higher value, and short-term nature of
construction (17 days), NMFS concluded that take of SRKWs would be
unlikely. Additionally, Petrogas will shut down whenever a killer whale
from any stock is observed approaching a harassment zone so take of
transients is also not likely. Given the ability to visually detect
killer whales from planned protected species observer (PSO) locations
(including boats), the capacity to track SRKWs through contact with the
ORCA Network, and the expected efficacy of required mitigation and
monitoring measures, Petrogas did not request take. NMFS concurs and
has not authorized take of killer whales.
Harbor Porpoise
Harbor porpoises are commonly found in the Strait of Georgia as
indicated by regular sightings from the British Columbia Cetacean
Sightings Network and the Orca Network (Zier, 2015). Use of NMSDD data
yielded an estimated 10 takes by Level A harassment and 1,738 by Level
B harassment. NMFS concurs. Note that Petrogas has committed to
extending the shutdown zone beyond the Level A harassment zone in order
to minimize potential PTS, but also requested limited take by Level A
harassment in case some animals enter into the injury zone unseen by
PSOs and remain for sufficient time to incur PTS. NMFS has authorized
10 takes by Level A harassment and 1,738 takes by Level B harassment.
Steller Sea Lion
Calculated take based upon the species density in the Strait of
Georgia yielded two potential takes by Level B harassment during the 17
days of in-water pile driving work. While there are no known nearby
haulouts, there are haulouts in the greater Strait of Georgia. Petrogas
felt that the calculated value was too low since this species is known
to travel significant distances in search for prey, possibly into the
marine waters of the Cherry Point Aquatic Reserve.
NMFS reviewed other IHA monitoring reports from Puget Sound and
found that the Seattle Pier 63 construction project (87 FR 31985, May
26, 2022) reported a maximum of one animal taken per day over 17 in-
water work days between October 12 and November 30, 2022. Therefore,
NMFS has authorized 17 (1/day) takes of Steller sea lion by Level B
harassment.
California Sea Lion
Calculated take based upon the species density in the Strait of
Georgia found 14 potential takes by Level B harassment during the 17
days of pile driving work at the Petrogas pier. While there are no
known nearby haulouts, there are haulouts in the greater Strait of
Georgia, and because this species may travel significantly in search
for prey, possibly into the marine waters of the Cherry Point Aquatic
Reserve. Petrogas felt this estimate was also low. Results from the
Seattle Pier 63 project showed a maximum of three California sea lions
taken per day over 17 in-water work days between October 12 and
November 30, 2022. Assuming the same maximum number of takes (3) over
17 planned days of in-water work, NMFS has authorized 51 takes by Level
B harassment.
Harbor Seal
Harbor seals are common in the Strait of Georgia. Use of NMSDD
(Navy 2019) found that there would be a single take by Level A
harassment. Note that Petrogas committed to extending the shutdown zone
beyond the Level A harassment zone in order to minimize potential PTS
to harbor seals, but also requested a single take by Level A harassment
in case some animals enter into the injury zone unseen by PSOs and
remain for sufficient duration to incur PTS. The density data utilized
also resulted in 611 calculated takes by Level B harassment. Therefore,
NMFS is authorizing a single take of harbor seal by Level A harassment
and 611 takes by Level B harassment.
Authorized takes by Level A and Level B harassment are shown in
table 8.
Table 8--Authorized Take of Marine Mammals by Level A and Level B Harassment by Species and Stock and Percent of Take by Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized
Stock Total take as
Common name Stock abundance Level A Level B authorized percentage of
take stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise........................... Washington Inland Waters.... 11,233 10 1,738 1,748 15.56.4
Steller sea lion.......................... Eastern U.S................. 36,308 .............. 17 17 0.05
California sea lion....................... U.S......................... 257,606 .............. 51 51 0.02
Harbor seal............................... Washington Northern Inland.. 16,451 1 611 612 3.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 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
[[Page 73388]]
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, impact on
operations.
Pre-start Clearance Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving/
removal of 30 minutes or longer occurs, PSOs must observe the shutdown
and monitoring zones for a period of 30 minutes. The shutdown zone will
be considered cleared when a marine mammal has not been observed within
the zone for that 30-minute period. If a marine mammal is observed
within the shutdown zone, a soft-start (discussed below) cannot proceed
until the animal has left the zone or has not been observed for 15
minutes. If the monitoring zone has been observed for 30 minutes and
marine mammals are not present within the zone, soft-start procedures
can commence and work can continue. Pre-start clearance monitoring must
be conducted during periods of visibility sufficient for the lead PSO
to determine that the shutdown zones indicated in table 9 are clear of
marine mammals. Pile driving may commence following 30 minutes of
observation when the determination is made that the shutdown zones are
clear of marine mammals. If work ceases for more than 30 minutes, the
pre-activity monitoring of both the monitoring zone and shutdown zone
would commence.
Implementation of Shutdown Zones--For all pile driving/removal
activities, Petrogas must implement shutdowns within designated zones.
The purpose of a shutdown zone is generally to define an area within
which shutdown of activity would occur upon sighting of a marine mammal
(or in anticipation of an animal entering the defined area).
Implementation of shutdowns will be used to avoid or minimize takes by
Level A harassment from impact pile driving for all four species for
which take may occur. Shutdown zones will be based upon the Level A
harassment isopleth for each pile size/type and driving method where
applicable. This is anticipated to reduce Level A harassment exposures
without resulting in a substantial risk to the project schedule that
could occur if marine mammals repeatedly enter into larger shutdown
zones.
A minimum shutdown zone of 10 m will be implemented for all in-
water construction activities to avoid physical interaction with marine
mammals. Authorized shutdown and monitoring zones for each activity
type are shown in table 9.
Table 9--Shutdown Zones during Pile Installation and Removal (m)
----------------------------------------------------------------------------------------------------------------
Shutdown zone Level B
Pile size/type ------------------------------------------------ harassment
HF Phocid Otariid monitoring zone
----------------------------------------------------------------------------------------------------------------
16-in timber Vibratory....................... 10 10 10 6,310
30-in steel Vibratory........................ 10 10 10 3,990
30-in steel Impact........................... 460 210 20 465
----------------------------------------------------------------------------------------------------------------
All marine mammals will be monitored in the Level B harassment
zones and throughout the area as far as visual monitoring can take
place. If a marine mammal enters the Level B harassment zone, in-water
activities would 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 a
species which has been granted but 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.
Coordination with Local Marine Mammal Research Network--Prior to
the start of pile driving for the day the PSOs will contact the Orca
Network to find out the location of the nearest sightings of SRKW and
humpback whale. Petrogas must delay or halt pile driving activities if
a SRKW, unidentified killer whale (i.e. transient) or humpback whales
are sighted within the vicinity of the project area and are approaching
the Level B harassment zones (table 9) during in-water activities.
Finally, if a SRKW, unidentified killer whale, or humpback whale enters
the Level B harassment zone undetected, in-water pile driving must be
suspended immediately upon detection and must not resume until the
animal exits the Level B harassment zone or 15 minutes have passed
without re-detection of the animal.
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 hammer
operating at full capacity. For impact pile driving, contractors will
be required to provide an initial set of strikes from the hammer at
reduced energy, with each strike followed by a 30-second waiting
period. This procedure will be conducted a total of three times before
impact pile driving begins. Soft start will be implemented at the start
of each day's impact pile driving and at any time following cessation
of impact pile driving for a period of 30 minutes or longer. Soft start
is not required during vibratory pile driving and removal activities.
Bubble Curtain--A bubble curtain must be employed during impact
installation or proofing of steel piles. A noise attenuation device
will not be required during vibratory pile driving. If a bubble curtain
or similar measure is used, it would distribute air bubbles around 100
percent of the piling perimeter for the full depth of the water column.
Any other attenuation measure will be required to provide 100 percent
coverage in the water column for the full depth of the pile. 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 will
ensure 100 percent mudline contact. No parts of the ring or other
objects will prevent full mudline contact. Air flow to the bubblers
must be balanced around the circumference of the pile.
[[Page 73389]]
Based on our evaluation of the applicant's measures, NMFS has
determined that the required mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
<bullet> Mitigation and monitoring effectiveness.
Visual Monitoring
Monitoring must be conducted by NMFS-approved observers in
accordance with section 13 of the application. Trained observers will
be placed from the best vantage point(s) practicable to monitor for
marine mammals and implement shutdown or delay procedures when
applicable through communication with the equipment operator. Observer
training must be provided prior to project start, and shall include
instruction on species identification (sufficient to distinguish the
species in the project area), description and categorization of
observed behaviors and interpretation of behaviors that may be
construed as being reactions to the specified activity, proper
completion of data forms, and other basic components of biological
monitoring, including tracking of observed animals or groups of animals
such that repeat sound exposures may be attributed to individuals (to
the extent possible).
Monitoring will be conducted 30 minutes before, during, and 30
minutes after pile driving/removal activities. In addition, observers
must record all incidents of marine mammal occurrence, regardless of
distance from activity, and will document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving/
removal activities include the time to install or remove a single pile
or series of piles, as long as the time elapsed between uses of the
pile driving equipment is no more than 30 minutes.
A minimum of three PSOs must be on duty during all in-water pile
driving activities. Two shore-based observers will be stationed at
locations offering best line of sight views to monitor the entirety of
the shutdown zones and provide the most complete coverage of the
monitoring zones. The first observer may be on the alumina silos to the
east, roughly 100 feet (ft) (30.5 meters (m)) above the water to scan
the wider area. The second observer may be on the alumina unloader at
the north end of the Pier. This would place the observer roughly 50 ft
(15.25 m) above water, approximately 300 ft (91.5 m) south of the pile
driving activities. Additionally, Petrogas will deploy one boat-based
PSO that will be positioned at a location or moving in a pattern that
offers the most complete visual coverage of the monitoring zone. Note,
however, PSO position(s) may vary based on construction activity and
location of piles or equipment.
The U.S. Fish and Wildlife Service, (USFWS) under ESA section 7, is
requiring Petrogas to utilize observers to monitor for the endangered
marbled murrelet (Brachyramphus marmoratus). As long as an observer
meets the NMFS PSO qualifications as described below and has been
approved by NMFS, they may also serve as a USFWS-certified observer for
marbled murrelets. NMFS must be notified if any NMFS-approved PSO is
serving in this dual-purpose role.
PSOs will scan the waters using binoculars and would use a handheld
range-finder device to verify the distance to each sighting from the
project site. All PSOs must be trained in marine mammal identification
and behaviors and are required to have no other project-related tasks
while conducting monitoring. In addition, monitoring will be conducted
by qualified observers, who must be placed at the best vantage point(s)
practicable to monitor for marine mammals and implement shutdown/delay
procedures when applicable by calling for the shutdown to the hammer
operator via a radio. Petrogas will adhere to the following observer
qualifications:
(i) PSOs must be independent of the activity contractor (for
example, employed by a subcontractor) and have no other assigned tasks
during monitoring periods.
(ii) At least one PSO must have prior experience performing the
duties of a PSO during construction activity pursuant to a NMFS-issued
incidental take authorization.
(iii) Other PSOs may substitute other relevant experience,
education (degree in biological science or related field), or training
for prior experience performing the duties of a PSO during construction
activity pursuant to a NMFS-issued incidental take authorization.
(iv) Where a team of three or more PSOs is required, a lead
observer or monitoring coordinator must be designated. The lead
observer must have prior experience performing the duties of a PSO
during construction activity pursuant to a NMFS-issued incidental take
authorization.
(v) PSOs must be approved by NMFS prior to beginning any activity
subject to this IHA.
Additional standard observer qualifications include:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction
[[Page 73390]]
operation to provide for personal safety during observations;
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates and times when in-water construction
activities were suspended to avoid potential incidental injury from
construction sound of marine mammals observed within a defined shutdown
zone; and marine mammal behavior; and
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
Reporting
A draft marine mammal monitoring report must be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities. It will include an overall description of work completed, a
narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report must include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring.
<bullet> Construction activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., impact driving) and the total
equipment duration for cutting for each pile or total number of strikes
for each pile (impact driving).
<bullet> PSO locations during marine mammal monitoring.
<bullet> Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance.
<bullet> Upon observation of a marine mammal, the following
information: Name of PSO who sighted the animal(s) and PSO location and
activity at time of sighting; Time of sighting; Identification of the
animal(s) (e.g., genus/species, lowest possible taxonomic level, or
unidentified), PSO confidence in identification, and the composition of
the group if there is a mix of species; Distance and bearing of each
marine mammal observed relative to the pile being driven for each
sighting (if pile driving was occurring at time of sighting); Estimated
number of animals (min/max/best estimate); Estimated number of animals
by cohort (adults, juveniles, neonates, group composition, etc.);
Animal's closest point of approach and estimated time spent within the
harassment zone; and Description of any marine mammal behavioral
observations (e.g., observed behaviors such as feeding or traveling),
including an assessment of behavioral responses thought to have
resulted from the activity (e.g., no response or changes in behavioral
state such as ceasing feeding, changing direction, flushing, or
breaching).
<bullet> Number of marine mammals detected within the harassment
zones, by species.
<bullet> Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting changes in behavior of the
animal(s), if any.
If no comments are received from NMFS within 30 days, the draft
final report will constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury, serious injury or mortality, Petrogas
must immediately cease the specified activities and report the incident
to the Office of Protected Resources, NMFS, and the West Coast Region
regional stranding coordinator. The report must include the following
information:
<bullet> Description of the incident;
<bullet> Environmental conditions (e.g., Beaufort sea state,
visibility);
<bullet> Description of all marine mammal observations in the 24
hours preceding the incident;
<bullet> Species identification or description of the animal(s)
involved;
<bullet> Fate of the animal(s); and
<bullet> Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with Petrogas to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Petrogas will not be able
to resume their activities until notified by NMFS.
In the event that Petrogas discovers an injured or dead marine
mammal, and the lead PSO determines that the cause of the injury or
death is unknown and the death is relatively recent (e.g., in less than
a moderate state of decomposition as described in the next paragraph),
Petrogas must immediately report the incident to the Office of
Protected Resources (<a href="/cdn-cgi/l/email-protection#adfdff83e4f9fd83e0c2c3c4d9c2dfc4c3caffc8ddc2dfd9deedc3c2cccc83cac2db"><span class="__cf_email__" data-cfemail="376765197e6367197a58595e4358455e595065524758454344775958565619505841">[email protected]</span></a>), NMFS and to
the West Coast Region regional stranding coordinator as soon as
feasible. The report must include the same information identified in
the paragraph above. Activities will be able to continue while NMFS
reviews the circumstances of the incident. NMFS will work with Petrogas
to determine whether modifications in the activities are appropriate.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, the majority of our analysis applies to all
the species listed in table 8, given that many of the anticipated
effects of this project on different marine mammal stocks are expected
to be relatively similar in nature. Where there are meaningful
differences between species or stocks, or groups of species, in
anticipated individual responses to activities,
[[Page 73391]]
impact of expected take on the population due to differences in
population status, or impacts on habitat, they are described
independently in the analysis below.
Pile driving and removal activities associated with the project as
outlined previously, have the potential to disturb or displace marine
mammals. Specifically, the specified activities may result in take, in
the form of Level A harassment and Level B harassment from underwater
sounds generated from pile driving and removal. Potential takes could
occur if individuals of these species are present in zones ensonified
above the thresholds for Level A or Level B harassment identified above
when these activities are underway.
Take by Level A and Level B harassment would be due to potential
behavioral disturbance, temporary threshold shift (TTS) and PTS. No
serious injury or mortality is anticipated or authorized given the
nature of the activity and measures designed to minimize the
possibility of injury to marine mammals. Take by Level A harassment is
only anticipated for harbor porpoise and harbor seal. The potential for
harassment is minimized through the construction method and the
implementation of the planned mitigation measures (see Mitigation
section).
Based on reports in the literature as well as monitoring from other
similar activities, behavioral disturbance (i.e., Level B harassment)
would likely be limited to reactions such as increased swimming speeds,
increased surfacing time, or decreased foraging (if such activity were
occurring) (e.g., Thorson and Reyff, 2006; HDR, Inc., 2012; Lerma,
2014). Most likely for pile driving, individuals would simply move away
from the sound source and be temporarily displaced from the areas of
pile driving, although even this reaction has been observed primarily
only in association with impact pile driving. The pile driving
activities analyzed here are similar to, or less impactful than,
numerous other construction activities conducted in Washington, which
have taken place with no observed severe responses of any individuals
or known long-term adverse consequences. The impact of Level B
harassment takes on the affected individuals would be minimized through
use of mitigation measures described herein and, if sound produced by
project activities is sufficiently disturbing, animals are likely to
simply avoid the area while the activity is occurring. Vibratory
driving associated with the planned project may produce sound at
distances of up to six kilometers from the project site, thus
overlapping with some likely less-disturbed habitat (such as the Cherry
Point Aquatic Reserve). The project site itself is frequented by large
tankers every few days but the majority of sound fields produced by the
specified activities are relatively close to the Pier. Animals
disturbed by project sound would be expected to avoid the area and use
nearby higher-quality habitats.
In addition to the expected effects resulting from authorized Level
B harassment, we anticipate that harbor porpoises and harbor seals may
sustain some limited Level A harassment in the form of auditory injury
of low severity. However, animals in these locations that experience
PTS would likely only receive slight PTS, i.e. minor degradation of
hearing capabilities within regions of hearing that align most
completely with the energy produced by pile driving, i.e. the low-
frequency region below 2 kHz, not severe hearing impairment or
impairment in the regions of greatest hearing sensitivity. Harbor
porpoises are high-frequency cetaceans while the hearing ability of
harbor seal below 2 kHz is also poor (NMFS, 2018).
If hearing impairment occurs, it is most likely that the affected
animal would lose a few decibels in its hearing sensitivity, which in
most cases is not likely to meaningfully affect its ability to forage
and communicate with conspecifics. As described above, we expect that
marine mammals would be likely to move away from a sound source that
represents an aversive stimulus, especially at levels that would be
expected to result in PTS, given sufficient notice through use of soft
start.
The project also is not expected to have significant adverse
effects on affected marine mammals' habitat. The project activities
would not modify existing marine mammal habitat for a significant
amount of time. The activities may cause some fish or invertebrates to
leave the area of disturbance, thus temporarily impacting marine
mammals' foraging opportunities in a limited portion of the foraging
range; but, because of the intermittent driving schedule (17 in-water
work days between August 1 and October 31, 2024); short duration of the
activities (no more than 3 hours per day combined impact and vibratory
driving); the relatively small area of the habitat that may be
affected; and the availability of nearby habitat of similar or higher
value, the impacts to marine mammal habitat are not expected to cause
significant or long-term negative consequences.
While there are haulouts for pinnipeds in the area, these locations
are some distance from the actual project site. There are two
documented California sea lion haulouts in the southern Strait of
Georgia, both on the western coast of the Strait in British Columbia.
The closest haulout in near Tumbo Island on the eastern edge of the
Gulf Island, over 15 miles (24.12 kilometers (km)) from the project
site. The closest documented Steller sea lion haulout location is over
10 miles (16.1 km) from the project site, on Sucia Island (Jeffries et
al., 2000). The closest documented harbor seal haulouts are two
different low population (100 individuals) locations approximately 5
miles (3.1 km) from the project site, one to the north and one to the
south (Jeffries et al., 2000). To the southwest and west of the project
location are 14 other haulouts dotted throughout a few of the small
northern San Juan Islands (North of Orcas Island) within 10 miles
(16.1) km) of the project (Jeffries et al., 2000).
While repeated exposures of individuals to this pile driving
activity could cause limited Level A harassment in harbor seals and
harbor porpoises and Level B harassment in these two species in
addition to sea lions, they are unlikely to considerably disrupt
foraging behavior or result in significant decrease in fitness,
reproduction, or survival for the affected individuals.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect any of the species or stocks
through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> Any Level A harassment exposures (i.e., to harbor porpoise
and harbor seals, only) are anticipated to result in slight PTS (i.e.,
of a few decibels), within the lower frequencies associated with pile
driving;
<bullet> The anticipated incidents of Level B harassment would
consist of, at worst, temporary modifications in behavior that would
not result in fitness impacts to individuals;
<bullet> The ensonifed areas from the project is very small
relative to the overall habitat ranges of all species and stocks;
<bullet> Repeated exposures of pinnipeds to this pile driving
activity could cause slight Level A harassment in seals and harbor
porpoise and Level B harassment in seals, harbor porpoise and sea lion
species, but are unlikely to considerably disrupt foraging behavior or
result in significant decrease in fitness,
[[Page 73392]]
reproduction, or survival for the affected individuals. In all, there
would be no adverse impacts to the stocks as a whole; and
<bullet> The mitigation measures are expected to reduce the effects
of the specified activity to the level of least practicable adverse
impact.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the required monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned activity will have a negligible impact on all affected
marine mammal species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
Table 8 demonstrates the number of instances in which individuals
of a given species could be exposed to received noise levels that could
cause take of marine mammals. Our analysis shows that less than 6
percent of all species could be taken by harassment which is below one
third of the population for all.
Based on the analysis contained herein of the planned activity
(including the required mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals would be taken relative to the population size of the
affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our action (i.e., the issuance of an IHA) with respect
to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 216-6A, which do not
individually or cumulatively have the potential for significant impacts
on the quality of the human environment and for which we have not
identified any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of the IHA qualifies to be categorically excluded from further
NEPA review.
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.
Authorization
NMFS has issued an IHA to Petrogas for the potential harassment of
small numbers of four marine mammal species incidental to Ferndale Pier
Maintenance Activities in Ferndale, Washington.
Dated: September 5, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-20392 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-22-P
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