Notice2024-23797
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment Remediation Project, San Francisco Bay
Primary source
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Published
October 16, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Pacific Gas & Electric Company (PG&E) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to construction associated with a sediment remediation project in San Francisco Bay, CA. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
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[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83459-83464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23797]
[[Page 83459]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE364]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment
Remediation Project, San Francisco Bay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from Pacific Gas & Electric Company
(PG&E) for the renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to construction
associated with a sediment remediation project in San Francisco Bay,
CA. Pursuant to the Marine Mammal Protection Act, prior to issuing the
currently active IHA, NMFS requested comments on both the proposed IHA
and the potential for renewing the initial authorization if certain
requirements were satisfied. The renewal requirements have been
satisfied, and NMFS is now providing an additional 15-day comment
period to allow for any additional comments on the proposed renewal not
previously provided during the initial 30-day comment period.
DATES: Comments and information must be received no later than October
31, 2024.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources, NMFS,
and should be submitted via email to <a href="/cdn-cgi/l/email-protection#034a57532d6962606c617670436d6c62622d646c75"><span class="__cf_email__" data-cfemail="e0a9b4b0ce8a81838f829593a08e8f8181ce878f96">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
Electronic copies of the original application, renewal request, and
supporting documents (including NMFS Federal Register notices of the
original proposed and final authorizations, and the previous IHA), as
well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of
problems accessing these documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT: Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are promulgated or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and the NMFS's implementing regulations (see 16
U.S.C. 1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal of an IHA following notice to the public providing an
additional 15 days for public comments when (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal
[[Page 83460]]
service to commenters on the initial IHA, is provided to allow for any
additional comments on the proposed renewal. A description of the
renewal process may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any comments received on the
potential renewal, along with relevant comments on the initial IHA,
have been considered in the development of this proposed IHA renewal,
and a summary of agency responses to applicable comments is included in
this notice. NMFS will consider any additional public comments prior to
making any final decision on the issuance of the requested renewal, and
agency responses will be summarized in the final notice of our
decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On January 30, 2024, NMFS issued an IHA to PG&E to take marine
mammals incidental to construction associated with sediment remediation
in San Francisco Bay, CA (89 FR 5865), effective from May 1, 2024,
through April 30, 2025. On September 26, 2024, NMFS received an
application for the renewal of that initial IHA. As described in the
application for renewal IHA, the activities for which incidental take
is requested are nearly identical to those covered in the initial IHA.
Although PG&E anticipates that construction will begin during the
timeframe of the initial IHA, no work has yet commenced and therefore
no preliminary monitoring data are available.
Description of the Specified Activities and Anticipated Impacts
The planned activities are nearly identical to those analyzed in
the initial IHA. As the first phase of a 5- to 7-year project to
remediate sediments impacted with polycyclic aromatic hydrocarbons
(PAHs) in San Francisco Bay, PG&E is planning to install hydroacoustic
data collection piles, piles to attach a turbidity curtain, sediment
pins to promote slope stability, and install and remove piles to
relocate the Red and White Fleet (RWF). A detailed description of these
activities can be found in the Notice of the Proposed IHA (88 FR 82836,
November 27, 2023). Under the initial IHA, eight 24-inch steel shell
piles and eight 36-inch steel shell piles were to be installed and
removed for the RWF Relocation. Under the renewal IHA, PG&E proposes to
install and remove 10 24-inch piles and 10 36-inch steel shell piles
for the RWF Relocation. No more than four of each of these piles would
be installed or removed per day. As analyzed in the initial IHA,
installation of these piles would be done through primarily vibratory
pile driving with impact pile driving only as needed to seat the piles.
Removal would be through vibratory methods. The remainder of the work
would be identical to that of the initial IHA, and the total proposed
number of days of in-water work would be the same.
Under the initial IHA, take by Level B harassment from pile driving
was authorized for harbor seal (Phoca vitulina), northern elephant seal
(Mirounga angustirostris), California sea lion (Zalophus
californianus), northern fur seal (Callorhinus ursinus), Steller sea
lion (Eumetopias jubatus), bottlenose dolphin (Tursiops truncatus), and
harbor porpoise (Phocoena phocoena). Under the renewal IHA, NMFS
proposes to take, by Level B harassment, the same number of these
species as were authorized under the initial IHA.
Documents related to the initial IHA including the Federal Register
notices for the proposed IHA (88 FR 82836, November 27, 2023) and final
IHA (89 FR 5865, January 30, 2024) and PG&E's application can be found
at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san">https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san</a>.
Detailed Description of the Activity
A detailed description of the pile driving activities for which
take is proposed here may be found in the notices of the proposed and
final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30,
2024) for the initial authorization. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are identical to those described in the previous notices.
The only minor change that PG&E proposes for this renewal IHA is
the addition of two 24-inch and two 36-inch steel shell piles in the
RWF relocation, which would be installed with vibratory pile driving
and impact pile driving only as needed to seat the piles. The piles
would be removed with vibratory methods. The addition of these piles
would not change the proposed number of in-water work days (50 days;
see table 1). The proposed renewal would be effective for a period not
exceeding 1 year from the date of expiration of the initial IHA. The
effective dates would be from May 1, 2025, to April 30, 2026.
Table 1--Schedule of In-Water Construction
----------------------------------------------------------------------------------------------------------------
Number of piles Days of pile
Type of pile Total number of pile installed/removed driving or
installation/ removal per day removal
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain (Steel H-Piles or Steel 40 (20 installed, 20 removed). 4 10
Shell Pile <=24 inches).
RWF Temporary Relocation (24-inch and 36- 40 (20 installed, 20 removed). 4 10
inch Steel Shell Piles).
Sediment Pin Installation (14- to 16-inch 120 (installation only)....... 8 15
timber or plastic).
Hydroacoustic Data Collection Piles (18- 20 (10 installed, 10 removed). 2 10
inch composite).
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[[Page 83461]]
Total.................................. 180........................... ................... 45
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Total (+10% buffer).................... .............................. * 50
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* Rounded to maximum number of full days
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notice of the proposed IHA (88 FR 82836, November 27, 2023) for the
initial authorization. NMFS has reviewed the 2023 draft Stock
Assessment Reports (SARs), information on relevant Unusual Mortality
Events, and other scientific literature, and determined there is no new
information that affects which species or stocks have the potential to
be affected or the pertinent information in the Description of the
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA. The abundance estimate for
the Eastern stock of the Steller sea lion has decreased from 43,201 to
36,308 according to the 2023 draft SAR (Young et al., 2024), but this
does not change estimated take numbers or influence the findings made
in support of the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an
authorization of incidental take is proposed here may be found in the
notice of the proposed IHA (88 FR 82836, November 27, 2023) for the
initial authorization. NMFS has reviewed recent draft SARs, information
on relevant Unusual Mortality Events, and other scientific literature,
and determined that there is no new information that affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity is found in the notices of the proposed
and final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30,
2024) for the initial authorization. The only changes PG&E proposes to
make for the renewal IHA is to add 2 24-inch steel shell piles and 2
36-inch steel shell piles, resulting in a total of 10 of each piles,
for installation and removal in the RWF Relocation portion of the
project. The source levels, days of operation, and marine mammal
occurrence data applicable to this authorization remain unchanged from
the previously issued IHA. Similarly, the stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA, as do the number of takes, which are indicated below in table 2.
Table 2--Summary of Marine Mammal Takes by Species
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Proposed
Level B
Species Stock harassment Stock abundance Percent of stock (%)
takes
----------------------------------------------------------------------------------------------------------------
Harbor seal................... California....... 1,000 30,968................. 3.2
Northern elephant seal........ California 25 187,386................ 0.01
breeding.
California sea lion........... United States.... 9,550 257,606................ 3.7
Northern fur seal............. California; 5 14,050; 626,618........ 0.04; 0.001
Eastern North
Pacific.
Steller sea lion.............. Eastern.......... 5 36,308................. 0.01
Bottlenose dolphin............ Coastal 25 453.................... 5.5
California.
Harbor porpoise............... San Francisco- 100 7,777.................. 1.3
Russian River.
----------------------------------------------------------------------------------------------------------------
On May 3, 2024, NMFS published (89 FR 36762) and solicited public
comment on its draft Updated Technical Guidance (<a href="https://www.fisheries.noaa.gov/s3/2024-05/NMSFAcousticGuidance-DraftTECHMEMOGuidance-3.0-FEB-24-OPR1.pdf">https://www.fisheries.noaa.gov/s3/2024-05/NMSFAcousticGuidance-DraftTECHMEMOGuidance-3.0-FEB-24-OPR1.pdf</a>), which includes updated
thresholds and weighting functions to inform auditory injury estimates,
and is intended to replace the 2018 Technical Guidance referenced in
the notices for the proposed and final IHA (88 FR 82836, November 27,
2023; 89 FR 5865, January 30, 2024), once finalized. The public comment
period ended on June 17, 2024, and although the Updated Technical
Guidance is not final, NMFS expects the Updated Technical Guidance to
represent the best available science once it is. In consideration of
the best available science, NMFS has conducted calculations using the
draft Updated Technical Guidance and NMFS draft optional user
spreadsheet, using the source levels and spreadsheet inputs provided in
the notices for the proposed and final IHAs (88 FR 82836, November 27,
2023; 89 FR 5865, January 30, 2024), for the purpose of understanding
how Level A harassment (auditory injury) zones would change from the
initial IHA. The relevant draft updated weighting functions may be
found in the executive summary of the draft Updated Technical Guidance,
on page 3. The draft updated marine mammal hearing groups and draft
updated thresholds can be found in tables 3 and 4.
[[Page 83462]]
Table 3--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 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 may not be as broad. Generalized hearing range
chosen based on ~65-dB threshold from composite audiogram, previous
analysis in NMFS, 2018, and/or data from Southall et al., 2007;
Southall et al., 2019. Additionally, animals are able to detect very
loud sounds above and below that ``generalized'' hearing range.
Table 4--Onset of Auditory Injury (AUD INJ)
[NMFS, 2024]
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AUD INJ onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
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Low-Frequency (LF) Cetaceans........... Cell 1: L,0-pk,flat: 222 Cell 2: LE,,LF,24h: 197 dB.
dB; L,E,p,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans.......... Cell 3: L,0-pk,flat: 230 Cell 4: LE,,HF,24h: 201 dB.
dB; LE,,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans.... Cell 5: L,0-pk,flat: 202 Cell 6: LE,,VHF,24h: 181 dB.
dB; LE,,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: L,0-pk.flat: 223 Cell 8: LE,,PW,24h: 195 dB.
dB; LE,,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: L,0-pk,flat: 230 Cell 10: LE,,OW,24h: 199 dB.
dB; LE,,OW,24h: 185 dB.
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* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L,0-pk) has a reference value of 1 [mu]Pa, and weighted cumulative sound
exposure level (LE,) has a reference value of 1[mu]Pa\2\s. In this table, thresholds are abbreviated to be
more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying
exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate
the conditions under which these thresholds will be exceeded.
NMFS has also considered whether modifications to mitigation
requirements, i.e., shutdown zones, would be appropriate in light of
the draft Updated Technical Guidance. Based on the outcome of these
analyses using the draft Updated Technical Guidance, alternate Level A
harassment zones are presented in table 5, as well as the Level A
harassment zones from the initial IHA, based on the 2018 Technical
Guidance, for comparison. Proposed mitigation zones, in consideration
of the draft Updated Technical Guidance where appropriate, are
discussed in the Description of Proposed Mitigation, Monitoring and
Reporting Measures section.
Although some estimated Level A harassment zones have increased
using the 2024 guidance, consistent with the initial IHA no Level A
harassment takes are anticipated, because PG&E proposes to change the
shutdown zones accordingly and consistent with the intent of the
measures prescribed through the initial IHA, as discussed in
Description of Proposed Mitigation, Monitoring and Reporting Measures
section.
Table 5--Level A Harassment Zones Using 2018 Technical Guidance and Draft 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment zones using 2018 technical Level A harassment zones using draft 2024
guidance (m) technical guidance (m)
---------------------------------------------------------------------------------------------
Pile type and method VHF
HF Cetacean Cetacean Phocids Otariids HF Cetacean VHF Phocids Otariids
\a\ \b\ Cetacean
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hydroacoustic Data Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact................................. <1 19 9 <1 2 25 14 5
18-inch Composite, Vibratory.............................. <1 6 3 1 1 2 3 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Turbidity Curtain
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory................................... 0 <1 <1 <1 <1 <1 <1 <1
Steel Shell Pile <=24-inch, Vibratory..................... <1 4 2 1 <1 2 3 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
RWF Temporary Relocation Piles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24-inch, Vibratory....................... <1 4 2 <1 <1 2 3 1
Steel Shell Pile 24-inch, Impact, Attenuated \c\.......... 11 351 158 12 37 454 261 97
[[Page 83463]]
Steel Shell Pile <=36 inch, Vibratory..................... 3 28 14 2 13 27 42 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sediment Pins
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 to 16-inch Timber, Vibratory........................... 2 23 10 1 8 17 27 9
14 to 16-inch Timber, Impact.............................. <1 14 6 <1 2 18 10 4
14 to 16-inch Composite, Vibratory........................ <1 6 3 <1 2 4 7 2
14 to 16-inch Composite, Impact........................... <1 9 4 <1 1 11 7 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ In the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans
\b\ In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
\c\ 5-dB reduction in sound due to use of bubble curtain assumed.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are nearly identical to
those included in the Federal Register notice announcing the issuance
of the initial IHA (89 FR 5865, January 30, 2024), and the discussion
of the lest practicable adverse impact included in that document and
the notice of the proposed IHA (88 FR 782836, November 27, 2023) remain
accurate. Consistent with the mitigation required through the initial
IHA, shutdown zones proposed for the renewal IHA will be based on the
largest Level A harassment zone for each pile size/type and driving
method, as updated using the draft 2024 Technical Guidance rather than
the 2018 Technical Guidance. The zones are calculated identically to
those presented in the notice of the proposed IHA (88 FR 82836,
November 27, 2023), with reference to the updated Technical Guidance.
The following mitigation, monitoring, and reporting measures are
proposed for this renewal:
<bullet> PG&E must shut down construction operations if a marine
mammal comes within 10 m of construction activity to avoid direct
physical interaction with marine mammals;
<bullet> PG&E must establish shutdown zones for all pile driving
activities. Shutdown zones are based on the largest Level A harassment
zone for each pile size/type and driving method;
<bullet> PG&E must shut down during active pile driving if marine
mammals approach shutdown zones (see table 6);
<bullet> NMFS-approved protected species observers (PSOs) must be
used to monitor the full shutdown zones and as much of the Level B
harassment zone as possible;
<bullet> PSOs must monitor the shutdown zones for at least 30
minutes prior to pile driving, throughout pile driving, and 30 minutes
after;
<bullet> If marine mammals are found within the shutdown zone, pile
driving must be delayed until the animal has moved out of the shutdown
zone;
<bullet> PG&E must shut down if any species for which take has not
been authorized, or a species for which take has been authorized but
the authorized take numbers have been met, approaches or enters the
Level B harassment zones;
<bullet> Should environmental conditions deteriorate such that
marine mammals within the entire shutdown zone would not be visible
(e.g., fog, heavy rain), pile driving must be delayed until observers
are confident marine mammals within the shutdown zone could be
detected;
<bullet> PG&E must implement impact pile driving soft starts
whereby hammer energy is gradually ramped up;
<bullet> A bubble curtain must be used during impact pile driving
of steel piles;
<bullet> PG&E must submit a draft marine mammal monitoring report
to NMFS within 90 days after the completion of pile driving activities
or 60 calendar days prior to the requested issuance of any subsequent
IHA for construction activity at the same location, whichever comes
first. A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report; and
<bullet> All injured or dead marine mammals must be reported to the
Office of Protected Resources and to the West Coast regional stranding
network.
Table 6--Proposed Updated Shutdown Zones
----------------------------------------------------------------------------------------------------------------
Shutdown zone for
Pile type and method all species (m) Change from initial IHA
----------------------------------------------------------------------------------------------------------------
Hydroacoustic Data Collection
----------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact.................. 30 Increased 10 m.
18-inch Composite, Vibratory Removal....... 10 No change.
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain
----------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory Installation and 10 No change.
Removal.
Steel Shell Pile <=24 inch, Vibratory 10 No change.
Installation and Removal.
----------------------------------------------------------------------------------------------------------------
RWF Relocation Piles
----------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24 inch, Vibratory 10 No change.
Installation and Removal.
Steel Shell Pile 24 inch, Impact, 450 Increased 90 m.
Attenuated.
[[Page 83464]]
Steel Shell Pile 36 inch, Vibratory........ 40 Increased 10 m.
----------------------------------------------------------------------------------------------------------------
Sediment Pins
----------------------------------------------------------------------------------------------------------------
14- to 16-inch Timber, Vibratory........... 30 No change.
14- to 16-inch Timber, Impact.............. 20 No change.
14- to 16-inch Composite, Vibratory........ 10 No change.
14- to 16-inch Composite, Impact........... 20 No change.
----------------------------------------------------------------------------------------------------------------
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (88
FR 82836, November 27, 2023) and solicited public comments on both our
proposal to issue the initial IHA for PG&E's sediment remediation
project and on the potential for a renewal IHA, should certain
requirements be met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (89 FR 5865, January 30, 2024) and none of
the comments specifically pertained to the renewal IHA.
Preliminary Determinations
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. This includes consideration of the
estimated abundance of the Eastern stock of the Steller sea lion
decreasing, updated analysis reflecting the 2024 Technical Guidance,
and corresponding updates to required shutdown zones. Based on the
information and analysis contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; (4) PG&E's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action, and; (5) appropriate monitoring and
reporting requirements are included.
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 proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to PG&E for conducting pile driving activities
associated with the Sediment Remediation Project in San Francisco Bay,
California from May 1, 2025, to April 30, 2026, provided the previously
described mitigation, monitoring, and reporting requirements are
incorporated. A draft of the proposed and final initial IHA can be
found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san">https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san</a>. We
request comment on our analyses, the proposed renewal IHA, and any
other aspect of this notice. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
Dated: October 9, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-23797 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-22-P
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