Notice2024-25021
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Maintenance and Rehabilitation of the Bellingham Shipping Terminal
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2024
Effective
November 7, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to the Port of Bellingham to incidentally harass marine mammals incidental to maintenance and rehabilitation of the Bellingham Shipping Terminal in Bellingham, WA.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85520-85523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25021]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE406]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Maintenance and Rehabilitation
of the Bellingham Shipping Terminal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to the Port of Bellingham to incidentally harass marine mammals
incidental to maintenance and rehabilitation of the Bellingham Shipping
Terminal in Bellingham, WA.
DATES: This renewal IHA is effective from November 7, 2024 through
November 7, 2025.
ADDRESSES: Electronic copies of the original application, renewal
request, and supporting documents (including NMFS Federal Register
notices of the initial proposed and final authorizations, and the
proposed renewal 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/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham">https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham</a>. In case of
problems accessing these documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are promulgated or, if the taking is limited to harassment, an
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 NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice will not be completed by the time the initial IHA
expires and a renewal will 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:
[[Page 85521]]
<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; and
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On November 6, 2023, NMFS issued an IHA to the Port of Bellingham
to take marine mammals incidental to the Maintenance and Rehabilitation
of the Bellingham Shipping Terminal Project in Bellingham, WA (88 FR
77972, November 11, 2023), effective from November 6, 2023 through
November 6, 2024. On September 20, 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 authorization and
will not be completed prior to its expiration. Under the initial IHA a
number of piles have been removed but no pile installations have
occurred. As required, the Port of Bellingham also provided preliminary
monitoring data, which confirms that the Port of Bellingham had
implemented the required mitigation and monitoring, and also showed
that no impacts of a scale or nature not previously analyzed or
authorized have occurred as a result of the activities conducted. The
notice of the proposed renewal incidental harassment authorization was
published on October 4, 2024 (89 FR 80890). There are no changes from
the proposed renewal IHA to the final renewal IHA.
Description of the Specified Activities and Anticipated Impacts
The purpose of the project at the Bellingham Shipping Terminal is
to repair some of the failing wharf and pier structures of the
terminal. As described in detail in the notice for the initial IHA (88
FR 77972, November 11, 2023), in-water construction will include both
pile removal and installation of a multiple types of piles with
vibratory and impact hammers. A minor change to the activities
conducted by the Port of Bellingham was requested in the renewal
letter. The initial IHA noted that the Port of Bellingham would limit
vibratory pile driving time to 90 minutes per day. The Port of
Bellingham will increase the vibratory pile driving time to 360 minutes
per day for this renewal period. This change will increase the size of
the Level A harassment zones and shutdown zones associated with
vibratory pile driving and removal as compared with those analyzed in
the initial IHA (see Description of Mitigation, Monitoring and
Reporting Measures). The increase to shutdown zones follows the same
goals for mitigation articulated in the notice of the initial proposed
IHA, i.e., the shutdown zones are equal to the estimated Level A
harassment zones, and there is no increase to the estimated take
numbers. Therefore, NMFS has determined that this change is minor and
that the action is eligible for renewal. The construction is still
expected to occur for 87 non-consecutive days. Sounds produced by these
activities may result in take, by Level A harassment and Level B
harassment, of marine mammals located in Bellingham Bay.
Incidental take resulting from the in-water pile driving and
removal in this renewal will be at the same level as authorized in the
initial IHA. Four marine mammal species are expected to experience
Level B harassment and one of these species additionally has the
potential for Level A harassment (see Estimated Take).
All documents related to the initial IHA are available on our
website: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham">https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham</a>.
Detailed Description of the Activity
A detailed description of the demolition and construction
activities for which take is authorized here may be found in the
Notices of the Proposed and Final IHAs 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.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the notices of the
proposed and final IHAs 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 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.
It should be noted that the draft 2023 NMFS' Marine Mammal Stock
Assessment Reports (SARs) updated stock abundances for the Eastern
Distinct Population Segment for Steller sea lions (Eumetopias jubatus)
and harbor seals (Phoca vitulina) (Carretta et al. 2023). For Steller
sea lions, the abundance decreased slightly from the initial IHA stock
abundance estimate of 43,201 individuals to 36,308 individuals. During
the development of the initial IHA the Washington Northern Inland
Waters stock of harbor seals had an unknown abundance. Since then, the
abundance estimate in the draft 2023 SARs has been updated to 16,451
individuals. None of these population changes impact the findings made
in support of the initial IHA. Additional information on all stocks
affected by this action is available in the NMFS' U.S. Pacific SARs
(available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized may be found in the notices of the
[[Page 85522]]
proposed and final IHAs for the initial authorization. NMFS has
reviewed the monitoring data from the initial IHA, 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 are found in the notices of the
proposed and final IHAs for the initial authorization. Specifically,
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 1.
Table 1--Estimated Take by Level A and Level B Harassment, by Species and Stock
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Take as
Common name Stock Stock Level A Level B Total take percentage of
abundance \a\ stock
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Harbor porpoise........................... Washington Inland Waters.... 11,233 0 261 261 2.3
Steller sea lion.......................... Eastern U.S................. 36,308 0 87 87 0.2
California sea lion....................... U.S......................... 257,606 0 87 87 < 0.1
Harbor seal............................... Washington Northern Inland 16,451 264 2,029 3,050 18.5
Waters.
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\a\ Stock or DPS size is Nbest according to NMFS 2023 Draft Stock Assessment Reports.
Description of Mitigation, Monitoring and Reporting Measures
The 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, and the discussion of the least practicable adverse impact
included in that document and the notice of the proposed IHA remains
accurate.
As noted above, the increase vibratory pile installation time from
90 minutes per day to 360 minutes per day has increased the size of the
shutdown zones as noted in table 2 of this section. The applicant and
NMFS analyzed the Level A harassment and associated shutdown zones
using vibratory pile installation duration of 90 minutes a day, for
inputs in the optional User Spreadsheet tool as reported in table 5 of
the final IHA Federal Register notice (88 FR 77972, November 14, 2023).
In the request for renewal of the initial IHA the applicant requested
that NMFS analyze and revise the shutdown zones associated with an
increase in vibratory pile driving time to 360 minutes per day. Using
the optional User Spreadsheet tool the applicants and NMFS analyzed and
revised the shutdown zones based on this expected increase in vibratory
pile installation duration. The following standard mitigation measures
are required:
<bullet> Shutdown zones for Level A harassment as specified in the
initial IHA with the exception of vibratory pile installation where the
Port of Bellingham expects to drive piles for 360 minutes a day. The
updated shutdown zones are shown in table 2;
Table 2--Updated Shutdown Zones During Vibratory Pile Installation
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Shutdown zones (m) \1\
Activity --------------------------------------------------
HF cetaceans Phocids Otariids
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Vibratory installation (360 minutes)......................... 75 (30) 30 (20) 10 (10)
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\1\ Shutdown zones shown in parentheticals are what was included in the initial IHA.
<bullet> Protected species observers (PSO) observing the monitoring
zones established in the initial IHA during all pile installation and
removal activities;
<bullet> Soft start procedures for impact pile driving consisting
of an initial set of strikes from the hammer at reduced energy, with
each strike followed by a 30-second waiting period;
<bullet> The use of a marine pile-driving energy attenuator (i.e.,
air bubble curtain system) will be implemented by the Port of
Bellingham during impact pile driving of all steel pipe piles; and
<bullet> Prior to the start of daily in-water construction
activity, or whenever a break in pile driving/removal of 30 minutes or
longer occurs, PSOs will observe the shutdown and monitoring zones for
a period of 30 minutes. If a marine mammal is observed within the
shutdown zone, a soft start cannot proceed until the animal has left
the zone or has not been observed for 15 minutes.
Monitoring and reporting requirements associated with this renewal
are as follows:
<bullet> A minimum of one PSO will be on duty during impact pile
driving activities and a minimum of two PSOs during vibratory
installation/removal;
<bullet> Observers will be required to use approved data forms; and
<bullet> A draft report will be submitted to NMFS within 90 days of
the completion of marine mammal monitoring. The report will include
marine mammal observations pre-activity, during-activity, and post-
activity during pile driving days (and associated PSO data sheets).
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to the Port of
Bellingham was published in the Federal Register on October 4, 2024 (89
FR 80890). That notice either described, or referenced descriptions of,
the Port of Bellingham's activity, the marine mammal species that may
be affected by the activity, the anticipated effects on marine mammals
and their habitat, estimated amount and manner of take, and proposed
mitigation, monitoring and reporting
[[Page 85523]]
measures. NMFS received no public comments.
Determinations
The construction activities are nearly identical to those analyzed
for the initial IHA, as are the method of taking and the effects of the
action. The higher vibratory drive time does increase the size of the
Level A harassment zones and shutdown zones slightly. This increase in
zone sizes, however, does not change the anticipated take numbers
analyzed in the initial IHA. In analyzing the effects of the activities
for the initial IHA, NMFS determined that the Port of Bellingham's
activities will have a negligible impact on the affected species or
stocks and that the authorized take numbers of each species or stock
were small relative to the relevant stocks (e.g., less than one-third
of the abundance of all stocks). Although some marine mammal abundances
have changed since the initial IHA, none of this new information
affects NMFS' determinations supporting issuance of the initial IHAs.
The mitigation measures and monitoring and reporting requirements as
described above are nearly identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) the Port of Bellingham's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action, and;
(5) appropriate monitoring and reporting requirements are included.
National Environmental Policy Act
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
National Environmental Policy Act review. NMFS has determined that the
application of this categorical exclusion remains appropriate for this
renewal IHA.
Endangered Species Act
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a renewal IHA to the Port of Bellingham for the
take of marine mammals incidental to the Maintenance and Rehabilitation
of the Bellingham Shipping Terminal Project in Bellingham, WA from
November 7, 2024 to November 7, 2025.
Dated: October 23, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-25021 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 28, 2024.
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