Notice2024-24555
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Training Exercises at Naval Base Ventura County, Port Hueneme
Primary source
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Published
October 23, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the United States Navy (Navy) for authorization to take marine mammals, by Level B harassment only, incidental to pile driving training exercises at Naval Base Ventura County, Port Hueneme (NBVC). NMFS previously issued an incidental harassment authorization IHA to the Navy for similar activities on April 28, 2023 (hereinafter referred to as the initial IHA); however, during the initial authorization period, only one of four planned training exercise was performed. The Navy is requesting, and NMFS is proposing to issue an IHA authorizing incidental take for an additional four training exercises. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible 1-year Renewal IHA that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA).
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84534-84544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24555]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE356]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pile Driving Training Exercises at
Naval Base Ventura County, Port Hueneme
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an incidental harassment
authorization; request for comments on proposed authorization and
possible renewal.
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SUMMARY: NMFS has received a request from the United States Navy (Navy)
for authorization to take marine mammals, by Level B harassment only,
incidental to pile driving training exercises at Naval Base Ventura
County, Port Hueneme (NBVC).
NMFS previously issued an incidental harassment authorization IHA
to the Navy for similar activities on April 28, 2023 (hereinafter
referred to as the initial IHA); however, during the initial
authorization period, only one of four planned training exercise was
performed. The Navy is requesting, and NMFS is proposing to issue an
IHA authorizing incidental take for an additional four training
exercises. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue an IHA to incidentally
take marine mammals during the specified activities. NMFS is also
requesting comments on a possible 1-year Renewal IHA that could be
issued under certain circumstances and if all requirements are met, as
described in Request for Public Comments at the end of this notice.
NMFS will consider public comments prior to making any final decision
on the issuance of the requested MMPA authorizations and agency
responses will be summarized in the final notice of our decision. The
Navy's activities are considered military readiness activities pursuant
to the MMPA, as amended by the National Defense Authorization Act for
Fiscal Year 2004 (NDAA).
DATES: Comments and information must be received no later than November
7, 2024.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#3d74696d1349444e5253135052524f587d53525c5c135a524b"><span class="__cf_email__" data-cfemail="f4bda0a4da808d879b9ada999b9b8691b49a9b9595da939b82">[email protected]</span></a>. 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/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.
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. 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.
FOR FURTHER INFORMATION CONTACT: Reny Tyson Moore, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
[[Page 84535]]
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 issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be 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 such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.'' The activity for which incidental take of marine
mammals is being requested addressed here qualifies as a military
readiness activity.
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 a Renewal
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 has preliminarily determined that the
issuance of the proposed IHA qualifies to be categorically excluded
from further NEPA review.
We will review all comments submitted in response to this
notification prior to concluding our NEPA process or making a final
decision on the IHA request.
History of Request
On August 18, 2021, NMFS received a request from the Navy for an
IHA to take marine mammals incidental to pile driving training
exercises at NBVC. That application was deemed adequate and complete on
January 12, 2023. NMFS published a notice of a proposed IHA and request
for comments in the Federal Register on March 15, 2023 (88 FR 15956).
We subsequently published the final notice of our issuance of the IHA
on May 4, 2023 (88 FR 28517); the IHA was effective from May 1, 2023
through April 30, 2024. The specified activities were expected to
result in the take of California sea lions (Zalophus californius) and
harbor seals (Phoca vitulina richardii) by Level B harassment only.
Neither the Navy nor NMFS expected serious injury or mortality to
result from this activity and, therefore, an IHA was appropriate.
On February 22, 2024 NMFS received notification from the Navy that
only one of four planned training exercises were completed under the
initial IHA. On March 5, 2023 the Navy requested a renewal of the
initial IHA; however, the Navy and NMFS deemed that it would be
appropriate to issue a proposed IHA rather than undertake the renewal
process given the Navy's desire to request changes to the specified
activity. On May 13, 2024, the Navy submitted an application requesting
that a new IHA be issued that would allow take of California sea lions
and harbor seals, by Level B harassment only, incidental to four pile
driving training exercises at NBVC, effective for 1 year after the date
of issuance. Revised applications were received on August 6, 2024, and
September 12, 2024. The application was deemed adequate and complete on
September 24, 2024. Proposed changes from the initial IHA include those
associated with the Navy's request, in some instances, to install and
remove additional piles during the training exercises over additional
days (i.e., more than were addressed in the initial IHA) due to
emergent training requirements and tempo (see the Description of the
Specified Activities and Anticipated Impacts section for more details).
In addition, on May 3, 2024, NMFS published and solicited public
comment on its draft Updated Technical Guidance (89 FR 36762), which
includes updated hearing ranges and names for marine mammal hearing
groups as well as updated thresholds and weighting functions to inform
auditory injury estimates (i.e., for Level A harassment). To ensure
take by Level A harassment is appropriately considered, and in order to
support consideration of the best available science, comparative
calculations using both the existing NMFS Technical Guidance (NMFS,
2018) and the NMFS Updated Technical Guidance (NMFS, 2024) have been
conducted and provided for consideration of take by Level A harassment.
These proposed changes do not affect the previous analyses, mitigation,
and monitoring requirements, or method of take calculations, outside of
the inclusion of slightly larger Level A harassment zones and shutdown
zones due to the increased numbers of piles anticipated to be installed
and or removed within a day, and that the proposed training exercises
would be completed in 136 days instead of 96 days. In evaluating the
2024 request and to the extent deemed appropriate, NMFS relies on the
information presented in notices associated with the issuance of the
initial IHA (88 FR 15956, March 15, 2023; 88 FR 28517, May 4, 2023).
The Navy submitted a monitoring report on March 4, 2023, based on
the work completed under the initial IHA, which confirms that the
applicant implemented the required mitigation and monitoring during the
initial year of the activity, and that they did not exceed the
authorized levels of take under the initial IHA. These monitoring
results, as well as the Navy's current request and application, are
available to the public on our website: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port</a>.
Description of the Proposed Activities and Anticipated Impacts
Overview
The primary mission of NBVC is to provide a home port and to
furnish training, administrative, and logistical support for the Naval
Construction Battalions. As described in the initial IHA, Naval
Construction Group ONE proposed to execute pile driving training
exercises at NBVC that are
[[Page 84536]]
essential to construction battalion personnel prior to deployment. The
specific components of each exercise could vary based on the specific
training requirements for each battalion, but could include vibratory
and impact pile driving, temporary pier construction, and subsequent
removal of all installed materials. These are military readiness
activities, as defined under the NDAA of Fiscal Year 2004 (Pub. L. 108-
136).
Under the initial IHA, the Navy requested take by Level B
harassment for California sea lions and harbor seals incidental to up
to four pile driving training exercises, each of which could include
installation and removal of a sheet pile wall and round pile pier.
Level A harassment was not anticipated, requested, or authorized. It
was estimated that each training exercise could take up to 24 days (12
days for pile installation and 12 days for pile removal), for a total
of up to 96 days over the four training exercises. Due to issues with
equipment, the Navy only performed one training activity for 11 days
during the initial authorization period. The Navy is requesting a new
IHA so that it can complete an additional four training exercises
during the new IHA period. Due to emergent training requirements and
tempo, the Navy is requesting, in some instances, to install and remove
additional piles during the training exercises across a total of 136
days (34 active in-water pile driving per training exercise). The new
IHA, if authorized, would be valid for 1 year from the date of
issuance.
To support public review and comment on the IHA that NMFS is
proposing to issue here, we refer to the documents related to the
previously issued IHA and discuss any new or changed information here.
The previous documents include the Federal Register notice of the
proposed IHA (88 FR 15956, March 15, 2023), the Federal Register notice
of issuance of the initial IHA (88 FR 28517, May 4, 2023), and all
associated references and documents. We also refer the reader to the
Navy's previous and current applications and monitoring reports which
can be found at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port</a>.
Dates and Duration
The initial IHA considered 96 total annual days of active in-water
pile installation and removal, which would be spread over four annual
training exercises, each of which was estimated to last 24 days. The
current request considers a total of 136 total annual days of active
water in-water pile installation and removal spread over four annual
training exercises (i.e., each training exercise is estimated to last
up to 34 days). Each workday would occur during daylight hours, and
would last approximately 8 hours, but pile installation/removal would
not occur for the entire eight hours. Due to the availability of
resources, requirements by NBVC for port use, and battalion training
needs, it is not possible to predict the precise dates of training
activities; however, no more than four separate training events would
occur over the duration of the proposed 1-year IHA.
Specific Geographic Region
A detailed description of the specific geographic region for the
Navy's activities is found in the Federal Register notice of the
proposed IHA for the initial IHA (88 FR 15956, March 15, 2023) and
associated documents (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port</a>). This description remains accurate and
is referenced herein.
Detailed Description of the Activity
A detailed description of the training exercise for which take is
proposed here may be found in the Federal Register notices of the
proposed and final IHA for the initial authorization (88 FR 15956,
March 15, 2023 and 88 FR 28517, May 4, 2023, respectively), and in
associated documents (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port</a>). The description, including of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices and remains
accurate with the exception of anticipated production rates, which are
described in more detail below.
The Navy has requested, in some instances, to increase the number
of piles that may be driven in a day due to emergent training
requirements and tempo. Differences between the initial and proposed
IHAs are shown in table 1. Specifically, the initial IHA considered
that a total of 15 24-inch steel sheet piles, 10 16-inch timber piles,
and 4 14-inch H-beam steel piles may be driven during each training
exercise. The current request proposes that up to 30 24-inch steel
sheet piles, 12 16-inch timber piles, and 6 14-inch H-beam steel piles
may be driven during each training exercise. These changes represent a
65.5-percent increase in the total number of piles anticipated to be
installed and removed each training exercise.
Anticipated production rates for installation and removal with a
vibratory and or impact hammer, and how these rates compared to the
initial IHA, are provided in table 1. To allow for unanticipated
variation in production rates and to account for any training that is
slowed or delayed due to the need to meet specific training or
mitigation requirements (e.g., additional delays or shutdowns due to
larger shutdown zones; see the Proposed Mitigation section of this
notice for more details), the Navy has added buffer days to the total
anticipated activity days proposed for the training exercises. The
buffers for vibratory pile installation and removal include 12 days for
24-inch steel sheets, 3 days for 16-in round timber piles, and 3 days
for 14-in steel H-piles. The buffers for impact driving include 4 days
for 16-in round timber piles and 3 days for 14-in steel H-piles. With
these buffer days added, the Navy anticipates that pile driving could
occur on up to 34 days each training exercise, for a total of 136 days
spread across the four training exercises. Buffer days were not
considered in the initial IHA. The initial IHA anticipated that it
could take 5 days to install and 5 days to remove the 24-inch steel
sheets, 5 days to install and 5 days to remove 16-in round timber
piles, and 2 days to install and 2 days to remove the 14-in steel H-
piles, for a total of 24 days per training exercise and 96 days during
the 1-year IHA effective period (see table 1 in the Federal Register
notices of the proposed and final IHA for the initial authorization; 88
FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023, respectively).
Therefore, the current proposed training exercises could occur for up
to 10 additional days each training exercise and up to 40 additional
days during the proposed 1-year authorization period compared to the
initial IHA.
[[Page 84537]]
Table 1--Summary of Pile Details and Estimated Production Rates for Pile Installation and Removal During Each Training Exercise for the Initial and Proposed IHAs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Production rate (piles/day)
Vibratory Potential ------------------------------------------------
Number of installation/ impact Installation Removal Days of Days of Buffer Total days
Pile size/type/shape Authorization sheets/ removal duration strikes ------------------------------------------------ installation removal days \1\ per
piles per pile per pile, Vibratory Impact Vibratory Impact exercise
if needed hammer hammer hammer hammer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Sheet............ Initial IHA.......... 15 10/20 minutes... NA 3 3 3 NA 5 5 0 10
Proposed IHA......... 30 10/30 minutes... NA 30 NA 30 NA 1 1 12 14
12-in Timber Pile............ Initial IHA.......... 10 20/30 minutes... 1,800 2 2 2 NA 5 5 0 10
Proposed IHA......... 12 20/30 minutes... 1,800 12 6 12 NA 2 1 7 10
14-in H-Beam Pile............ Initial IHA.......... 4 20/30 minutes... 1,800 2 2 2 NA 2 2 0 4
Proposed IHA......... 6 20/30 minutes... 1,800 6 2 6 NA 3 1 6 10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Totals for the Initial IHA................................... 7.17 hours/12 .......... .......... .......... .......... NA 12 12 0 24
hours.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Totals for the Proposed IHA.................................. 11 hours/24 .......... .......... .......... .......... NA 6 3 25 34
hours.
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\1\ Buffer days are included in the proposed IHA to allow for unanticipated variation in production rates and to account for any training that is slowed or delayed due to the need to meet
specific training or mitigation requirements; buffer days were not considered in the initial IHA.
[[Page 84538]]
The anticipated duration of vibratory removal of steel sheet piles
has also changed from the initial IHA. The initial IHA estimated that
this activity would take 20 minutes, whereas the Navy now estimates
that this activity could take 30 minutes (table 1). This increase in
duration, in addition to the increased number of piles to be installed
and removed each training exercise, increases both the daily duration
and the total duration of active pile driving anticipated to occur. The
initial IHA considered that vibratory installation and removal of all
piles could take 7.17 hours and 12 hours, respectively, during each
training exercise; whereas the current request anticipates that
vibratory installation and removal of all piles could take 11 hours and
24 hours, respectively, during each training exercise (table 1). These
changes represent a 100-percent increase in the total estimated amount
of time required each training exercise for vibratory installation and
removal of piles. The number of strikes estimated to be required per
pile during impact hammer installation is the same as that estimated in
the initial IHA; however, given more piles are anticipated to be
installed, it is also anticipated that the total amount of time for
impact pile driving would also increase.
This change in the total number of piles and the increased daily
durations of pile durations would result in slightly larger Level A
harassment zones and shutdown zones due to increased durations of pile
driving activities. In addition, the additional days of estimated
activity would result in a higher amount of take by Level B harassment
to be proposed to be authorized compared to the initial IHA. No other
changes have been made to the planned activities. The details of these
requested changes are provided in table 1 and in the Estimated Take of
Marine Mammals and Proposed Mitigation sections of this notice. The
proposed IHA, if authorized, would be effective for 1 year from the
date of issuance.
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
Federal Register notice of the proposed IHA (88 FR 15956, March 15,
2023) for the initial authorization. NMFS has reviewed the monitoring
data from the initial IHA, 2023 draft Stock Assessment Reports,
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.
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, 2024) 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.
On May 3, 2024, NMFS published and solicited public comment on its
draft Updated Technical Guidance (89 FR 36762), which includes updated
hearing ranges and names for the marine mammal hearing groups and is
intended to replace the 2018 Technical Guidance once finalized. The
public comment period ended on June 17th, 2024. Because NMFS may
finalize the Guidance prior to taking a final agency action on this
proposed IHA, we considered both the 2018 and 2024 Technical Guidance
in our effects and estimated take analysis below. Marine mammal hearing
groups and their associated hearing ranges from NMFS (2018) and NMFS
(2024) are provided in tables 2 and 3. In the draft Updated Technical
Guidance, mid-frequency cetaceans have been re-classified as high-
frequency cetaceans, and high-frequency cetaceans have been updated to
very-high-frequency (VHF) cetaceans. Additionally, the draft Updated
Technical Guidance includes in-air data for phocid (PA) and otariid
(OA) pinnipeds.
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).
[[Page 84539]]
Table 3--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Underwater:
Low-frequency (LF) cetaceans 7 Hz to 36 kHz.
(baleen whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales,
beaked whales, bottlenose
whales).
Very High-frequency (VHF) 200 Hz to 165 kHz.
cetaceans (true porpoises,
Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus
cruciger & L. australis).
Phocid pinnipeds (PW) 40 Hz to 90 kHz.
(underwater) (true seals).
Otariid pinnipeds (OW) 60 Hz to 68 kHz.
(underwater) (sea lions and fur
seals).
In-Air:
Phocid pinnipeds (PA) (true 42 Hz to 52 kHz.
seals).
Otariid pinnipeds (OA) (sea lions 90 Hz to 40 kHz.
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
Potential Effects of Specified Activities 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
Federal Register notice of the proposed IHA (88 FR 15956, March 15,
2023) for the initial authorization. NMFS has reviewed the monitoring
data from the initial IHA, recent draft Stock Assessment Reports,
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 of Marine Mammals
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notices of the proposed and final IHAs for the initial authorization
(88 FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023,
respectively). Specifically, the source levels and marine mammal
occurrence data applicable to this authorization remain unchanged from
the previously issued IHA, as do the thresholds and methodology for
estimating take by Level B harassment.
The Navy, however, anticipates that the number of piles that could
be installed or removed per day would increase compared to the initial
IHA so that personnel can meet new training requirements during the
proposed IHA authorization period (see table 1). In addition, the Navy
anticipates that the vibratory removal of 24-in steel sheets could take
30 minutes, whereas the initial IHA considered this activity could take
20 minutes. As described in the Federal Register notices of the
proposed and final IHAs for the initial authorization (88 FR 15956,
March 15, 2023, and 88 FR 28517, May 4, 2023, respectively) for the
initial authorization, the ensonified area associated with Level A
harassment accounts for both source level of the specified activity and
duration of that activity. Increasing the number of piles to be
installed/removed per day, as well as the anticipated duration of
vibratory removal of steel sheet piles, increases the total estimated
daily duration of the activity, and thus, the extent of the Level A
harassment zones. Note; the estimated distances to the Level B
harassment isopleths would not increase because activity duration is
not considered in their calculation.
Further, to ensure we have considered an adequate estimate of take
by Level A harassment and in order to support consideration of the best
available science, we have conducted basic comparative calculations
using both the existing Technical Guidance (NMFS, 2018) and the draft
Updated Technical Guidance (NMFS, 2024) for the purposes of
understanding the number of potential takes by Level A harassment. The
thresholds used to assess Level A harassment from each Guidance are
provided in tables 4 and 5, respectively. The references, analysis, and
methodology used in the development of these thresholds are described
in NMFS' 2018 Technical Guidance and NMFS' 2024 draft Updated Technical
Guidance, respectively, both of which may be accessed at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
The Navy's proposed activity includes the use of impulsive (impact
pile driving) and non-impulsive (vibratory driving) sources.
Table 4--NMFS' 2018 Thresholds Identifying the Onset of Permanent Threshold Shift (PTS)
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds \1\ (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
[[Page 84540]]
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa\2\s. In this table, thresholds are abbreviated to reflect American
National Standards Institute standards (ANSI, 2013). However, peak sound pressure is defined by ANSI as
incorporating frequency weighting, which is not the intent for NMFS' 2018 Technical Guidance. Hence, the
subscript ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted
within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds
indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle).
When possible, it is valuable for action proponents to indicate the conditions under which these acoustic
thresholds will be exceeded.
Table 5--NMFS' 2024 Thresholds Identifying the Onset of Auditory Injury (AUD INJ)
----------------------------------------------------------------------------------------------------------------
AUD INJ acoustic thresholds \1\ (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Underwater:
Low-Frequency (LF) Cetaceans....... Cell 1: L 0-pk,flat: 222 Cell 2: LE, LF,24h: 197 dB.
dB; LE, LF,24h: 183 dB.
High-Frequency (HF) Cetaceans...... Cell 3: L0-pk,flat: 230 Cell 4: LE, HF,24h: 201 dB.
dB; LE, HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans Cell 5: L0-pk,flat: 202 Cell 6: LE, VHF,24h: 181 dB.
dB; LE,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater). Cell 7: L0-pk,flat: 223 Cell 8: LE,PW,24h: 195 dB.
dB; LE,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater) Cell 9: L0-pk,flat: 230 Cell 10: LE,OW,24h: 199 dB.
dB; LE,OW,24h: 185 dB.
In-Air:
Phocid Pinnipeds (PA) (In-Air)..... Cell 11: L0-pk.flat: 162 Cell 12: LE,PA,24h: 154 dB.
dB; LE,PA,24h: 140 dB.
Otariid Pinnipeds (OA) (In-Air).... Cell 13: L0-pk,flat: 177 Cell 14: LE,OA,24h: 177 dB.
dB; LE,OA,24h: 163 dB.
----------------------------------------------------------------------------------------------------------------
\1\ Dual metric acoustic 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 should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa\2\s. In this table, thresholds are abbreviated to reflect American
National Standards Institute standards (ANSI, 2013). However, peak sound pressure is defined by ANSI as
incorporating frequency weighting, which is not the intent for NMFS' 2018 Technical Guidance. Hence, the
subscript ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted
within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds
indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle).
When possible, it is valuable for action proponents to indicate the conditions under which these acoustic
thresholds will be exceeded.
NMFS developed optional User Spreadsheet tools to accompany both
the 2018 Technical guidance and the 2024 draft 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 these optional tools, 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, these optional tools
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources, such as vibratory and impact pile driving, the
optional User Spreadsheet tools predict the distance at which, if a
marine mammal remained at that distance for the duration of the
activity, it will be expected to incur PTS. Inputs used in the optional
User Spreadsheet tools for the proposed IHA based on the Navy's request
are reported in table 6. The isopleths calculated for the proposed IHA
based on NMFS' 2018 Technical guidance and NMFS' 2024 draft Technical
guidance, as well as those considered in the initial IHA (based on
NMFS' 2018 Technical guidance), are reported in table 7.
Table 6--NMFS User Spreadsheet Inputs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory pile driving Impact pile driving
--------------------------------------------------------------------------------------------------------------------
16-Inch timber piles 14-Inch steel H beam 24-Inch steel sheet 16-Inch timber piles 14-Inch steel H beam
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used............... A.1) Non-Impul, Stat, A.1) Non-Impul, Stat, A.1) Non-Impul, Stat, E.1) Impact pile E.1) Impact pile
Cont. Cont. Cont. driving. driving.
Source Level (SPL)................. 162 dB RMS............ 147 dB RMS............ 159 dB RMS........... 160 dB SEL........... 170 dB SEL.
Transmission Loss Coefficient...... 15.................... 15.................... 15................... 15................... 15.
Weighting Factor Adjustment (kHz).. 2.5................... 2.5................... 2.5.................. 2.................... 2.
Time to install/remove single pile 30.................... 30.................... 30................... ..................... .....................
(minutes).
Number of strikes per pile......... ...................... ...................... ..................... 1,800................ 1,800.
Piles to install/remove per day.... 12.................... 6..................... 30................... 6.................... 2.
Distance of sound pressure level 10.................... 10.................... 11................... 10................... 10.
measurement (meters).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 84541]]
Table 7--Calculated Distances and Areas to the Estimated Level A (Based on NMFS' 2018 Technical Guidance and NMFS' Proposed 2024 Update to the 2018
Technical Guidance) and Level B Harassment Thresholds by Pile Type and Pile Driving Method for the Initial and Proposed IHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment distances Level A Level B
(m) (2018 Technical Guidance/ harassment Level B harassment
Pile Piles 2024 Proposed Update to the areas harassment areas
Activity description Authorization period per day 2018 Technical Guidance) \1\ (km\2\) for distance (m) (km\2\) for
--------------------------------- all hearing all hearing all hearing
PW OW groups \2\ groups groups \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation/ 16-inch Timber Initial IHA......... 3 4.8 0.3 <0.1 \3\ 6,310 <0.3
Removal. Piles. Proposed IHA........ 12 16.0/45.7 1.1/15.4 <0.1 \3\ 6,310 <0.3
14-inch Steel H Initial IHA......... 2 0.5 0 <0.1 631 <0.3
Beam. Proposed IHA........ 6 1.0/2.9 0.1/1.0 <0.1 631 <0.3
24-inch Steel Initial IHA......... 3 3.4 0.2 <0.1 \3\ 4,379 <0.3
Sheet. Proposed IHA........ 30 \4\ 20.4/\4\ \4\ 1.4/\4\ <0.1 \3\ 4,379 <0.3
58.4 19.7
Impact Installation......... 16-inch Timber Initial IHA......... 3 36.8 2.7 <0.1 47 <0.1
Piles. Proposed IHA........ 6 76.5/126.5 5.6/47.1 <0.1 47 <0.1
14-inch Steel H- Initial IHA......... 2 170.6 12.4 <0.1 216 <0.1
Beam. Proposed IHA........ 2 170.6/282.2 12.4/105.2 <0.1 216 <0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial IHA only calculated distances to the Level A harassment thresholds based on the 2018 Technical Guidance, whereas the proposed IHA
considers calculated distances to the Level A harassment thresholds based on both the 2018 Technical Guidance and the 2024 Proposed Update to the 2018
Technical Guidance.
\2\ Harassment areas have been truncated where appropriate to account for land masses.
\3\ The maximum harassment distances are approximately 790 m for Wharf 4 South, 795 m for Wharf 4 East, and 655 m for Wharf D due to the presence of
land masses in the project area, which truncate sound transmission.
\4\ The Navy made a typographical error made in their calculation of the distance to the Level A harassment thresholds. Specifically they used a sound
pressure level measurement distance of 10 m when the correct measurement distance is 11 m. Therefore, the distances provided here are slightly larger
than the distances provided in their IHA application.
The stocks taken, methods of take, and types of take remain
unchanged from the initial authorization. Here, we estimate the
proposed amount of taking by Level B harassment for both species using
the same method and rates of daily occurrence for California sea lions
(342 individuals) and harbor seals (21 individuals) used in the initial
IHA, applied across the proposed 136 days of activity, resulting in
46,512 and 2,856 instances of take by Level B harassment, respectively
(table 8). While the estimated distances to the Level A thresholds and
the shutdown zones are larger here than in the initial IHA (see table 7
and the Proposed Mitigation section of this notice), and in some cases
larger than the estimated distances to the Level B thresholds (see
distances for impact driving in table 7), they are still relatively
small (i.e., less than 171 m or 283 m based on NMFS' 2018 Technical
Guidance and NMFS' 2024 draft Technical Guidance, respectively) and it
is unlikely that an individual would remain in these zones long enough
to incur PTS. Further, we anticipate that the Navy will be able to
effectively shut down operations as necessary to avoid any take by
Level A harassment. Therefore, take by Level A harassment is not
proposed to be authorized. During the initial authorization period, the
Navy detected 40 California sea lions and 4 harbor seals within the
estimated Level B harassment zone.
Table 8--Amount of Authorized Take in the Initial IHA and Proposed Take as a Percentage of Stock Abundance, by
Stock and Harassment Type
----------------------------------------------------------------------------------------------------------------
Proposed amount of taking
Species Stock Authorization --------------------------------- Percent
Level A Level B Total of stock
----------------------------------------------------------------------------------------------------------------
California Sea Lion........... U.S.............. Initial IHA...... 0 36,960 36,960 14.30
Proposed IHA..... 0 46,512 46,512 18.05
Harbor Seal................... California....... Initial IHA...... 0 2,016 2,016 6.51
Proposed IHA..... 0 2,856 2,856 9.22
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (88 FR 28517, May 4, 2023), except for the size of the
respective shutdown zones as discussed below, and the discussion of the
least practicable adverse impact included in that document remains
accurate. The following measures are proposed for this IHA:
<bullet> The Navy would conduct briefings between supervisors and
trainees, the marine mammal monitoring team, and Navy staff prior to
the start of all in-water pile driving activity, and when new personnel
join the work, to ensure that responsibilities, communication
procedures, marine mammal monitoring protocols, and operational
procedures are clearly understood.
<bullet> During all in-water work other than pile driving (e.g.,
pile placement, boat use), in order to prevent injury from physical
interaction with construction equipment, a shutdown zone of 10 m would
be implemented. If a marine mammal comes within 10 m, operations would
cease and vessels would reduce speed to the minimum level required to
maintain steerage and safe working conditions. If human safety is at
risk, the in-water activity would be allowed to continue until it is
safe to stop.
<bullet> The Navy would establish shutdown zones for all for in-
water pile driving activities. The purpose of a shutdown zone is
generally to define an area within which shutdown of activity will
occur upon sighting of a marine mammal (or in anticipation of an animal
entering the defined area). Shutdown zones would vary based on the type
of
[[Page 84542]]
pile installation/removal activity, but are proposed to be larger than
the calculated Level A harassment isopleths shown in table 9. The
proposed shutdown zones have increased slightly from what was required
in the initial IHA based on the Navy's request to increase the number
of piles that may be installed and or removed each day, and in the case
of 24-in steel sheets, the longer duration estimated to remove piles
with a vibratory hammer (see table 1). The placement of lookouts during
all pile driving activities (described in detail in below) would ensure
that the entirety of all shutdown zones and Level A harassment zones
are visible during pile installation and removal.
Table 9--Proposed Shutdown Zones During In-Water Pile Driving Activities for the Initial and Proposed IHAs
----------------------------------------------------------------------------------------------------------------
Distance (m) \1\
Activity Pile description Authorization period -------------------------
PW OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal..... 16-inch Timber Piles. Initial IHA............... 15 15
Proposed IHA.............. 20/50 >20/50
14-inch Steel H Beam. Initial IHA............... 15 15
Proposed IHA.............. 20/20 20/20
24-inch Steel Sheet.. Initial IHA............... 15 15
Proposed IHA.............. \2\ 30/60 \2\ 30/60
Impact Installation................ 16-inch Timber Piles. Initial IHA............... 40 40
Proposed IHA.............. 80/130 80/130
14-inch Steel H-Beam. Initial IHA............... 175 175
Proposed IHA.............. 175/290 175/290
----------------------------------------------------------------------------------------------------------------
\1\ Shutdown zones for the proposed IHA consider calculated distances to the Level A harassment thresholds based
on both the 2018 Technical Guidance and the 2024 Proposed Update to the 2018 Technical Guidance, whereas
shutdown zones for the initial IHA only considered calculated distances to the Level A harassment thresholds
based on the 2018 Technical Guidance. Here, we are proposing the Navy implement the larger distance as the
shutdown zones, which consider the 2024 Proposed Update to the 2018 Technical Guidance.
\2\ The Navy considered a shutdown zone of 20 m due to a typographical error made in their calculation of the
distance to the Level A harassment thresholds. Specifically they used a sound pressure level measurement
distance of 10 m when the correct measurement distance is 11 m.
<bullet> The Navy would delay or shutdown all in-water pile driving
activities should an animal approach or enter the appropriate shutdown
zone. The Navy could resume in-water pile driving activities after one
of the following conditions has been met: (1) the animal is observed
exiting the shutdown zone; (2) the animal is thought to have exited the
shutdown zone based on a determination of its course, speed, and
movement relative to the pile driving location; or (3) the shutdown
zone has been clear from any additional sightings for 15 minutes.
<bullet> The Navy would employ lookouts trained in marine mammal
identification and behaviors to monitor marine mammal presence in the
action area. Requirements for numbers and locations of observers will
be based on hammer type, pile material, and Seabees training location
as described in section 5 of the proposed IHA. Lookouts would track
marine mammals observed anywhere within their visual range relative to
in-water training activities, and estimate the amount of time a marine
mammal spends within the Level A or Level B harassment zones while pile
driving activities are underway. The Navy would monitor the project
area, including the Level B harassment zones, to the maximum extent
possible based on the required number of lookouts, required monitoring
locations, and environmental conditions. For all pile driving and
removal activities, at least one lookout would be used.
<bullet> The placement of the lookouts during all pile driving and
removal activities would ensure that the entire applicable shutdown
zones are visible during all in-water pile installation and removal.
One observer would be placed in a position to implement shutdown/delay
procedures, when applicable, by notifying the hammer operator of a need
for a shutdown of pile driving or removal.
<bullet> Prior to the start of pile driving or removal, the
shutdown zone(s) would be monitored for a minimum of 30 minutes to
ensure that they are clear of marine mammals (i.e., pre-clearance
monitoring). Pile driving would only commence once observers have
declared the shutdown zone(s) are clear of marine mammals. Monitoring
would also take place for 30 minutes post-completion of pile driving.
<bullet> If in-water work ceases for more than 30 minutes, the Navy
would conduct pre-clearance monitoring of both the Level B harassment
zone and shutdown zone.
<bullet> Pre-start clearance monitoring would be conducted during
periods of visibility sufficient for the lead lookout to determine that
the shutdown zones indicated in table 5 are clear of marine mammals.
Pile driving could commence following 30 minutes of observation when
the determination is made that the shutdown zones are clear of marine
mammals.
<bullet> The Navy would use soft start techniques when impact pile
driving. Soft start requires contractors to provide an initial set of
three strikes at reduced energy, followed by a 30-second waiting
period, then two subsequent reduced energy strike sets. A soft start
would 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 starts would not be used for vibratory pile
installation and removal. Lookouts would begin observing for marine
mammals 30 minutes before ``soft start'' or in-water pile installation
or removal begins.
<bullet> For any marine mammal species for which take by Level B
harassment has not been requested or authorized, in-water pile
installation/removal would shut down immediately when the animals are
sighted.
<bullet> If take by Level B harassment reaches the authorized limit
for an authorized species, pile installation would be stopped as these
species approach the Level B harassment zone to avoid additional take
of them.
<bullet> Monitoring would be conducted by qualified lookouts with
support from Navy biologists, in accordance with the following:
<bullet> Navy biologists would train and certify lookouts in
accordance with the mitigation, monitoring and reporting requirements
of the issued IHA;
<bullet> All lookouts would maintain contact via either handheld
[[Page 84543]]
communication devices or flags to signal sightings and shutdowns;
<bullet> Lookouts would be placed at vantage points to monitor for
marine mammals and implement shutdown/delay procedures when applicable
by calling for the shutdown to the hammer operator;
<bullet> The Lead lookout would be located within auditory range of
the pile driving team and would have primary responsibility for calling
activity shutdowns;
<bullet> Lookouts would use a hand-held global positioning device
(GPS) device, rangefinder, visual reference points, or marker buoy to
verify the required monitoring distance from the project site;
<bullet> Monitoring would occur in all-weather until training has
concluded for the day;
<bullet> Lookouts would scan the waters within the Level A
harassment and Level B harassment zones using binoculars (10x42 or
similar) and or the naked eye and make visual observations of marine
mammals present; and
<bullet> Lookouts would record all observations of marine mammals
as described in the section 5 of the IHA, regardless of distance from
the pile being driven. Lookouts would document any behavioral reactions
in concert with distance from piles being driven or removed.
<bullet> Lookouts would have the following additional
qualifications:
<bullet> Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
The Navy would submit a draft marine mammal monitoring report to
NMFS within 90 days after the completion of pile driving training
activities, or 60 days prior to a requested date of issuance of any
future IHAs for projects at the same location, whichever comes first.
NMFS would provide comments within 30 days after receiving the draft
report, and the Navy would address the comments and submit revisions
within 30 days of receipt. If no comments are received from NMFS within
30 days, the draft report would be considered as final.
The draft and final marine mammal monitoring reports would be
submitted to <a href="/cdn-cgi/l/email-protection#b5e5e79bfce1e59bf8dadbdcc1dac7dcdbd2e7d0c5dac7c1c6f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="eebebcc0a7babec0a38180879a819c878089bc8b9e819c9a9dae80818f8fc0898198">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#7e372a2e500a070d1110501311110c1b3e10111f1f50191108"><span class="__cf_email__" data-cfemail="f8b1aca8d68c818b9796d69597978a9db896979999d69f978e">[email protected]</span></a>. The reports would include an overall
description of work completed, a narrative regarding marine mammal
sightings, and associated data sheets. Specifically, the reports would
include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
<bullet> Training activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., impact or vibratory) and the total
equipment duration for vibratory installation and removal for each pile
or estimated total number of strikes for each pile for impact driving;
<bullet> Lookout locations during marine mammal monitoring;
<bullet> Environmental conditions during monitoring periods (at
beginning and end of lookout 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> Description of any deviation from initial proposal in pile
numbers, pile types, average driving times, etc.;
<bullet> Brief description of any impediments to obtaining reliable
observations during training periods; and
<bullet> Description of any impediments to complying with the
aforementioned mitigation measures.
Lookouts would record all incidents of marine mammal occurrence in
the area in which take is anticipated regardless of distance from
activity, and would98 document any behavioral reactions in concert with
distance from piles being driven or removed. Specifically, lookouts
would record the following:
<bullet> Name of lookout who sighted the animal(s) and lookout
location and activity at time of sighting;
<bullet> Time of sighting;
<bullet> Identification of the animal(s) (e.g., genus/species,
lowest possible taxonomic level, or unidentified), lookout confidence
in identification, and the composition of the group if there is a mix
of species;
<bullet> 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);
<bullet> Estimated number of animals (min/max/best estimate);
<bullet> Estimated number of animals by cohort (adults, juveniles,
neonates, group composition, sex class, etc.);
<bullet> Animal's closest point of approach and estimated time
spent within the harassment zone;
<bullet> 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 and shutdown zones, by species; and
<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.
Preliminary Determinations
The proposed IHA consists of the same activities analyzed through
the initial authorization. The proposed IHA would authorize the
incidental take by Level B harassment of California sea lions and
harbor seals to up to four 34-day pile driving training exercises. This
activity was originally authorized under the initial IHA, but the Navy
only completed one, 11-day, exercise. The Navy is requesting an IHA so
that it can conduct an additional four training exercises during the
proposed authorization period. However, due to emergent training
requirements and tempo, the Navy is requesting, in some instances, to
install and remove additional piles over additional days during the
training exercises than what was analyzed in the initial IHA (i.e., 136
total days considered in the proposed IHA versus 96 days considered in
the initial IHA), which results in an increase in the number of takes
by Level B harassment proposed for authorization for harbor seals and
sea lions (see table 8). In addition, on May 3, 2024 NMFS published and
solicited public comment on its draft Updated Technical Guidance (89 FR
36762), which includes updated hearing ranges and names for marine
mammal hearing groups as well as updated thresholds and weighting
functions to inform
[[Page 84544]]
auditory injury estimates (i.e., for Level A harassment). These changes
result in slightly larger Level A harassment zones and shutdown zones
due to increased durations of pile driving activities. No other changes
have been made to the planned activities.
In analyzing the effects of the activities for the initial IHA,
NMFS determined that the Navy's activities would have a negligible
impact on the affected species or stocks. There is no new information
that affects NMFS' determinations supporting issuance of the initial
IHA or this proposed IHA. While the takes by Level B harassment
proposed for authorization are greater than the takes by Level B
harassment authorized in the initial IHA, the anticipated impacts of
the Navy's training exercises on marine mammals is the same as what was
considered in the initial IHA (e.g., temporary modifications in
behaviors or Temporary Threshold Shifts (TTS) that would not result in
fitness impacts to any individuals). In addition, the specified
activity and ensonification areas are still very small relative to the
overall habitat ranges of all species and do not include habitat areas
of special significance (Biologically Important Areas or ESA-designated
critical habitat). Lastly, the intensity of anticipated takes by Level
B harassment is relatively low for all stocks and would not be of a
duration or intensity expected to result in impacts on reproduction or
survival. The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA,
except for the requirement of slightly larger shutdown zones.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily 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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; (4) the Navy'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
No incidental take of Endangered Species Act (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.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue an HA to the Navy for conducting pile driving training exercises
in NBVC for 1 year after the date of issuance, provided the previously
described mitigation, monitoring, and reporting requirements are
incorporated. A draft of the proposed IHA can be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port</a>.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the initial IHA), the proposed
authorization, and any other aspect of this notice of proposed IHA for
the Navy's proposed pile driving training exercises at NBVC. We also
request comment on the potential for renewal of this proposed IHA as
described in the paragraph below. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
On a case-by-case basis, NMFS may issue a one-time, 1-year renewal
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical or nearly
identical, or nearly identical, activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice is planned or (2) the activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice would not be completed by the time the IHA expires and a
renewal would allow for completion of the activities beyond that
described in the Dates and Duration section of this notice, provided
all of the following conditions are met:
<bullet> 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).
<bullet> The request for renewal must include the following:
(1) 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).
(2) 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.
<bullet> 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.
Dated: October 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-24555 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.