Notice2025-03577
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Oceanic and Atmospheric Administration Office of Marine and Aviation Operations Research Vessel Relocation at Naval Station Newport, Rhode Island
Primary source
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Published
March 6, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to the National Oceanic Atmospheric Administration (NOAA) Office of Marine and Aviation Operations (OMAO) to incidentally harass marine mammals during construction activities associated with the relocation of NOAA research vessels at Naval Station Newport (NAVSTA) in Rhode Island.
Full Text
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<title>Federal Register, Volume 90 Issue 43 (Thursday, March 6, 2025)</title>
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[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Notices]
[Pages 11400-11407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03577]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE654]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to National Oceanic and Atmospheric
Administration Office of Marine and Aviation Operations Research Vessel
Relocation at Naval Station Newport, Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of a 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 National Oceanic Atmospheric Administration (NOAA) Office
of Marine and Aviation Operations (OMAO) to incidentally harass marine
mammals during construction activities associated with the relocation
of NOAA research vessels at Naval Station Newport (NAVSTA) in Rhode
Island.
DATES: This renewal IHA is effective for one year from date of
issuance.
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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
[[Page 11401]]
are made and either regulations are proposed or, if the taking is
limited to harassment, a notice of a proposed IHA is provided to the
public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as
``mitigation''); and requirements pertaining to the monitoring and
reporting of the takings. The definition of all applicable MMPA
statutory used above are included in the relevant sections below and
can be found in section 3 of the MMPA (16 U.S.C. 1362) and the NMFS's
implementing regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal of an IHA following notice to the public providing an
additional 15 days for public comments when (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal 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 December 21, 2022, NMFS announced issuance of an IHA to NOAA
OMAO to take marine mammals incidental to construction activities
associated with vessel relocation at NAVSTA in Newport, RI (87 FR
78072), effective from February 1, 2024 through January 31, 2025. On
November 15, 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 authorized consist of
activities that are covered by the initial authorization but will not
be completed prior to its expiration. As required, the applicant also
provided a preliminary monitoring report which confirms that the
applicant has implemented the required mitigation and monitoring, and
which also shows 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 January 23, 2025 (90 FR 8009). There are
no changes from the proposed renewal IHA to the final renewal IHA.
Description of the Specified Activities and Anticipated Impacts
NOAA OMAO's initial IHA authorized take of marine mammals
incidental to construction activities associated with NOAA research
vessel relocation at NAVSTA in Newport, RI. NOAA OMAO plans to
establish adequate pier, shoreside, and support facilities for four
NOAA research vessels in Coddington Cove at NAVSTA. All facilities must
meet NOAA docking and berthing requirements for the four relocated
research vessels. As part of this activity, a new pier, trestle, and
bulkhead have been constructed over a total of approximately 191 days.
Due to unanticipated delays, NOAA OMAO will be unable to complete the
remaining activities before the expiration date of the current IHA. The
remaining necessary activities include removal of abandoned guide piles
along the bulkhead, demolition of the current floating dock,
installation of gangway support piles and fender piles, installation
and removal of piles for a construction template, and construction of a
small boat floating dock. Vibratory pile driving and removal, impact
pile driving, and down-the-hole (DTH) mono-hammer pile installation
will be used to complete these remaining construction activities.
Approximately 110 days will be necessary to complete these remaining
activities.
The potential impacts of NOAA OMAO's planned activities on marine
mammals could involve acoustic stressors and are unchanged from the
impacts described in the notice of the proposed 2022 IHA (87 FR 66133,
November 2, 2022). Underwater sound resulting from NOAA OMAO's
activities has the potential to result in incidental take of marine
mammals in the form of Level A harassment and Level B harassment in the
specified geographic region.
This renewal IHA is for the remainder of the work that will not be
completed by the expiration date of the initial IHA. The renewal IHA
will authorize incidental take, by Level A harassment and Level B
harassment, of seven species (comprising seven stocks) of marine
mammals for a subset of the construction activities to be completed in
1 year, in the same area, using identical construction methods
(vibratory pile driving and removal, impact pile driving, and DTH mono-
hammer pile installation) described in the initial IHA. Neither NOAA
OMAO
[[Page 11402]]
nor NMFS expect serious injury or mortality to result from this
activity and, therefore, an IHA is appropriate. The anticipated effects
on marine mammals and the affected stocks also remain the same. All
mitigation, monitoring, and reporting measures would remain exactly as
described in the Federal Register notice of the initial IHA (87 FR
78072, December 21, 2022).
Detailed Description of the Activity
A detailed description of the construction activities for which
incidental take is proposed here may be found in the notices of the
proposed IHA (87 FR 66133, November 2, 2022) and final IHA (87 FR
78072, December 21, 2022) for the initial authorization. The location,
timing, and nature of the activities, including the types of equipment
planned for use, are nearly identical to those described in the
previous notices. The only differences are in the timing of activities,
as described here and in the renewal IHA request. The NOAA OMAO
proposed trestle rotary drilling, over a total of 4 in-water work days,
and mono-hammer DTH drilling for bulkhead construction, over a total of
12 in-water work days. These actions were not required once
construction activities began, thus there was a reduction of 16 in-
water work days. In addition, 57 of the 30-inch steel pipe piles for
the pier were installed incorrectly. These piles were cut at the
mudline, but 57 new 30-inch steel pipe piles needed to be installed
instead. The in-water work time for installing the 30-inch steel pipe
piles was 4 piles/day, leading to an additional 15 in-water work days
than was allotted for these piles. There was also a decrease of 45 in-
water work days due to the ability to use a construction template that
accommodates 12 piles instead of 4 piles. Lastly, construction
activities did not occur concurrently, as previously proposed, and
remaining construction activities are not proposed to occur
concurrently. The renewal IHA will be effective for a period not
exceeding 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 initial IHA (87 FR 66133,
November 2, 2022). NMFS has reviewed the monitoring data from the
initial IHA, recent Stock Assessment Reports (SARs), information on
relevant Unusual Mortality Events, and other scientific literature and
determined there is no new information that affects which species or
stocks have the potential to be affected or the pertinent information
in the descriptions of marine mammals provided in the supporting
documents for the initial IHA. Since the initial IHA was issued, NMFS
released its final 2023 stock assessment reports (SARs). NMFS has
reviewed the 2023 SARs (Hayes et al., 2024), which included updates to
certain stock abundances since the initial IHA was issued, information
on relevant unusual mortality events (UME), and other scientific
literature. The 2023 SARs updated information related to stock
abundance for the common dolphin (172,974 to 93,100), harbor porpoise
(95,543 to 85,765), and hooded seal (stock abundance is now unknown
based upon uncertainty in available population estimates). Information
related to the relatively small portion of the gray seal population
found in U.S. waters was also updated. NMFS has determined that neither
this nor any other new information affects which species or stocks have
the potential to be affected or any other pertinent information in the
Description of the Marine Mammals in the Area of Specified Activities
contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an
authorization of incidental take is proposed here may be found in the
notice of the proposed IHA for the initial authorization (87 FR 66133,
November 2, 2022). NMFS has reviewed the monitoring data from the
initial IHA, recent 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 used to estimate take for the
specified activity are found in the notices of the proposed and final
IHAs for the initial authorization (87 FR 66133, November 2, 2022; 87
FR 78072, December 21, 2022). Specifically, the action area and marine
mammal density and occurrence data applicable to this authorization
remain unchanged from the initial IHA. Similarly, source levels, type
of activity, methods of take, and types of take remain unchanged from
the initial IHA. However, there are changes to the estimated Level A
harassment zones based on the revised amount of piles to be driven per
day and the 2024 draft Technical Guidance, further discussed below. The
number of takes authorized is based on the subset of activities to be
completed under this renewal IHA, and therefore represents a proportion
of the initial authorized takes. These takes reflect the estimated
remaining number of days of work and number of piles to be driven.
Estimated take by Level A and Level B harassment was calculated using
the same methodology as in the initial IHA.
On October 24 2024, NMFS published (89 FR 84872) its final Updated
Technical Guidance (<a href="https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf">https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf</a>), which includes updated
thresholds and weighting functions to inform auditory injury estimates
and is replacing the 2018 Technical Guidance referenced in the notices
of the proposed and final IHAs for the initial authorization (87 FR
66133, November 2, 2022; 87 FR 78072, December 21, 2022). In
consideration of the best available science, NMFS conducted
calculations using the Updated Technical Guidance and NMFS optional
user spreadsheet, using the source levels and spreadsheet inputs
provided in the notices for the proposed and final IHAs (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022), for the purpose of
understanding how Level A harassment (auditory injury) zones might
change from the initial IHA. The relevant updated weighting functions
may be found in the executive summary of the Updated Technical Guidance
NMFS, 2024), on pg. 3. The updated marine mammal hearing groups and
updated thresholds can be found in tables 1 and 2.
[[Page 11403]]
Table 1--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on ~65 dB threshold from composite audiogram, previous
analysis in NMFS 2018, and/or data from Southall et al., 2007;
Southall et al., 2019. Additionally, animals are able to detect very
loud sounds above and below that ``generalized'' hearing range.
Table 2--Onset of Auditory Injury (AUD INJ)
[NMFS, 2024]
----------------------------------------------------------------------------------------------------------------
AUD INJ onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: L0-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.
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* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
exposure level (LE,) has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to be
more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying
exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate
the conditions under which these thresholds will be exceeded.
NMFS has also considered whether modifications to mitigation
requirements, i.e., shutdown zones, would be appropriate in light of
the Updated Technical Guidance. Based on the outcome of these analyses
using the Updated Technical Guidance, updated Level A harassment zones
are presented in table 3 as well as the Level A harassment zones from
the initial IHA, based on the 2018 Technical Guidance, for comparison.
Mitigation zones, in consideration of the Updated Technical Guidance
where appropriate, are discussed in Description of Proposed Mitigation,
Monitoring, and Reporting Measures section. Although some estimated
Level A harassment zones have increased using the 2024 guidance,
consistent with the initial IHA, take by Level A harassment for these
species is not expected to exceed the amount of take initially
authorized, in consideration of the reduced number of days of
construction activity remaining. Maximum distances to the Level A
harassment threshold for remaining construction activities are shown in
table 3.
Table 3--Remaining Construction Activities and Maximum Distances to the Level A Harassment Thresholds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment distance (m) (auditory injury
onset) \1\
Number Total --------------------------------------------------
Structure Pile size/type of piles Activity days Hf
cetaceans Vhf cetaceans \2\ Phocids
\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abandoned guide piles along 12-inch steel pipe 3 Vibratory extract (non- 1 1.8 (0.3) 3.9 (5.3) 6.2 (2.2)
bulkhead. pile. impulsive).
Floating dock demolition........... 12-inch timber pile... 4 Vibratory extract (non- 1 1.4 (0.2) 3.0 (4.0) 4.7 (1.7)
impulsive).
Fender Piles....................... 16-inch steel pipe 96 Vibratory install/ 48 5.0 (1.1) 10.6 (18.7) 16.8 (7.7)
template pile. extract (non-
impulsive).
16-inch steel pipe 201 Vibratory install (non- 48 6.6 (0.9) 13.9 (14.3) 22.0 (5.9)
pile. impulsive).
Gangway support piles \3\.......... 18-inch steel pipe 4 Vibratory/impact (non- 2 4.1 (0.7) 8.8 (11.8) 13.8 (4.8)
pile. impulsive/impulsive).
4 Impact install 2 68.8 (19.3) 834.6 (644.8) 479.1 (289.7)
(impulsive).
Small Boat Floating Dock........... 36-inch steel casing/ 2 Vibratory install (non- 2 30.4 (5.2) 64.6 (86.6) 101.8 (35.6)
shaft guide pile with 2 impulsive). 2 127.0 1,539.8 (1,189.5) 883.9 (534.4)
rock socket. 2 Impact install 2 (35.5) 3,164.2 (2,444.5) 1,816.5 (1,098.2)
(impulsive). 260.9
DTH mono-hammer (73.0)
(impulsive/non-
impulsive).
[[Page 11404]]
16-inch steel pipe 4 Vibratory install/ 2 6.6 (1.1) 13.9 (18.7) 22.0 (7.7)
template pile. extract (non-
impulsive).
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\1\ Level A harassment zones from the initial IHA are shown in parentheses.
\2\ Hf cetaceans = high-frequency cetaceans; vhf cetaceans = very high frequency cetaceans.
\3\ Gangway support piles would be in support of the small boat floating dock.
In this renewal IHA, use of the Updated Technical Guidance results
in changes to the estimated Level A harassment zones, but there are no
changes to the estimated Level B harassment zones. The updated Level A
harassment zones are used to inform our understanding of potential take
by Level A harassment. In table 4, total take numbers are based on the
methodology that was included in the previous authorization,
incorporating the previously described changes (number of piles per
day). Takes by Level B harassment are a proportion of the initial
authorized takes and based on the days of work included in this renewal
IHA. Level A harassment numbers have been held constant in reflection
of the increases to estimated Level A harassment zone sizes. Planned
mitigation zones, in consideration of the updated isopleths, are
discussed in the Mitigation section.
The number of takes authorized are a subset of the initial
authorized takes. The source levels, stocks taken, density values,
methods of take, and types of take remain unchanged from the initial
IHA. Estimated takes by Level A harassment and Level B harassment,
based upon the number of remaining in-water work days, are indicated in
table 4.
Table 4--Authorized Number of Takes by Level A Harassment and Level B Harassment, by Species and Stock and Percent of Take by Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Authorized take 2025 Proposed renewal
----------------------------------------------------------------
Proposed Proposed
Species Scientific name Stock Abundance Take by Take by take by take by Max percent
Level A Level B Level A Level B population
harassment harassment harassment harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin..... Lagenorhynchus Western North \1\ 93,233 0 16 0 \2\ (3) 16 0.017
acutus. Atlantic.
Common dolphin................... Delphinus delphis.. Western North \1\ 93,100 0 39 0 \2\ (10) 28 0.030
Atlantic.
Harbor porpoise.................. Phocoena phocoena.. Gulf of Maine/Bay \1\ 85,765 2 40 2 11 0.015
of Fundy.
Harbor seal...................... Phoca vitulina..... Western North 61,336 56 2,067 56 585 1.045
Atlantic.
Gray seal........................ Halichoerus grypus. Western North \3\ 27,911 11 437 11 123 0.480
Atlantic.
Harp seal........................ Pagophilus Western North 7.6 M 4 164 4 47 0.00006
groenlandicus. Atlantic.
Hooded seal...................... Cystophora cristata Western North UNK 0 10 0 \4\ 5 UNK
Atlantic.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This estimate has been updated in the 2023 final stock assessment report.
\2\ Proposed take has been increased to mean group size (NUWC, 2017) for each species for which take estimates are less than mean group size. Calculated
take estimate is in parentheses.
\3\ This abundance estimate applies to the U.S. population only. The maximum percent population requested for take is based upon the total stock
abundance for the U.S. and Canada which is approximately 394,311 seals.
\4\ In the initial IHA, NOAA OMAO conservatively requested 1 take by Level B harassment of hooded seal per month of construction when this species may
occur in the project area (January through May). Although NOAA OMAO estimated 1 take by Level B harassment of hooded seal for this renewal request,
NMFS has increased this proposed take to 1 take by Level B harassment of hooded seal per month, January through May.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures described here
are identical to those included in the Federal Register notice
announcing the issuance of the initial IHA (87 FR 78072, December 21,
2022). In addition, the discussion of the least practicable adverse
impact included in those documents as well as the notice of the
proposed IHA (87 FR 66133, November 2, 2022) remains accurate. The
following measures are planned for this renewal IHA:
Implementation of shutdown zones--Marine mammal shutdown zones must
be implemented for all pile driving activities. As shutdown zones are
based upon the Level A harassment zone for each pile type/size and
activity, shutdown zones have been updated since the issuance of the
initial IHA (87 FR 78072, December 21, 2022) and are shown in table 5.
However, as in the initial IHA, required shutdown zones would be
limited to a radial distance of 200 m from the acoustic source (87 FR
78072, December 21, 2022). Shutdown zones must be implemented and
monitored by NMFS-approved protected species observers (PSOs) as
follows:
<bullet> A minimum shutdown zone of 10 m would be applied for all
in-water construction activities if the Level A harassment zone is less
than 10 meters (m);
<bullet> If an activity is delayed or halted due to the presence of
a marine mammal, the activity may not commence or resume until either
the animal has voluntarily exited and been visually confirmed beyond
the shutdown zone indicated in table 4 or 15 minutes have passed
without re-detection of the animal; and
<bullet> Construction activities must be halted upon observation of
a species for which incidental take is not authorized or a species for
which incidental take has been authorized but the authorized number of
takes has been met entering or within the harassment zone.
[[Page 11405]]
If a marine mammal enters the Level B harassment zone, in-water
work would proceed and PSOs will document the marine mammal's presence
and behavior. Level B harassment zones remain unchanged since issuance
of the initial IHA and are shown in table 12 of the Federal Register
notice of the final IHA (87 FR 78072, December 21, 2022).
Table 5--Shutdown Zones by Activity
----------------------------------------------------------------------------------------------------------------
Shutdown zone (m)
Pile type/size Driving method -------------------------------
Cetaceans Pinnipeds
----------------------------------------------------------------------------------------------------------------
12-inch steel pipe......................... Vibratory.......................... 10 10
12-inch timber............................. Vibratory extraction............... 10 10
16-inch steel pipe......................... Vibratory install/extract.......... 15 22
18-inch steel pipe......................... Impact install..................... \1\ 200 \1\ 200
Vibratory install.................. 10 15
36-inch steel pipe......................... Impact install..................... \1\ 200 \1\ 200
Vibratory install.................. 65 102
36-inch shafts............................. DTH Mono-hammer.................... \1\ 200 \1\ 200
----------------------------------------------------------------------------------------------------------------
\1\ Distance to shutdown zone distances limited to 200 m from the acoustic source, as described in the Federal
Register notices for the proposed and final initial IHA (87 FR 66133, November 2, 2022; 87 FR 78072, December
21, 2022).
Visual Monitoring--Monitoring must be conducted by NMFS-approved
PSOs with minimum qualifications as described in the Federal Register
notices for the proposed and final initial IHA (87 FR 66133, November
2, 2022; 87 FR 78072, December 21, 2022). Visual monitoring will be
conducted by a minimum of two trained PSOs positioned at suitable
vantage points. Any activity for which the Level B harassment isopleth
would exceed 1,900 meters requires a minimum of three PSOs to
effectively monitor the entire Level B harassment zone. Where a team of
three or more PSOs is required, a lead observer or monitoring
coordinator would be designated. PSOs will likely be located on Gould
Island South, Gould Island Pier, Coddington Point, Bishop Rock,
Breakwater, or Taylor Point as shown in figure 11-1 in the application
for the initial IHA. The lead observer would be required to have prior
experience working as a marine mammal observer during construction. All
PSOs would have access to high-quality binoculars, range finders to
monitor distances, and a compass to record bearing to animals as well
as radios or cells phones for maintaining contact with work crews.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after all in water construction activities. In addition, PSOs
will record all incidents of marine mammal occurrence, regardless of
distance from activity, and will document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving
activities include the time to install or remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than 30 minutes.
Pre-start Clearance Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, PSOs will monitor the shutdown, Level A
harassment, and Level B harassment for a period of 30 minutes. Pile
driving may commence following 30 minutes of observation when the
determination is made that the shutdown zones are clear of marine
mammals. If a marine mammal is observed within the shutdown zones
listed in table 5, construction activity would be delayed until the
animal has voluntarily exited and been visually confirmed beyond the
shutdown zone indicated in table 5 or has not been observed for 15
minutes. When a marine mammal for which Level B harassment take is
authorized is present in the Level B harassment zone, activities would
begin or continue, and an observation of the marine mammal occurrence
in the Level B harassment zone would be recorded. A determination that
the shutdown zone is clear must be made during a period of good
visibility (i.e., the entire shutdown zone and surrounding waters are
visible). If the shutdown zone is obscured by fog or poor lighting
conditions, in-water construction activity would not be initiated until
the entire shutdown zone is visible.
Soft Start--Soft-start procedures are used to provide additional
protection to marine mammals by providing warning and/or giving marine
mammals a chance to leave the area prior to the hammer operating at
full capacity. For impact pile driving, contractors will be required to
provide an initial set of three strikes from the hammer at reduced
energy, followed by a 30-second waiting period, then two subsequent
reduced-energy strike sets. 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.
Hydro-Acoustic Monitoring--NOAA OMAO will implement in situ
acoustic monitoring efforts to measure sound pressure levels (SPLs)
from in-water construction activities by collecting and evaluating
acoustic sound recording levels during activities. Stationary
hydrophones would be placed 33 ft (10 m) from the noise source, in
accordance with NMFS' most recent guidance for the collection of source
levels. If there is the potential for Level A harassment, a second
monitoring location would be set up at an intermediate distance between
cetacean/phocid shutdown zones and Level A harassment zones.
Hydrophones will be deployed with a static line from a stationary
vessel. Locations of hydro-acoustic recordings would be collected via
GPS. A depth sounder and/or weighted tape measure would be used to
determine the depth of the water. The hydrophone will be attached to a
weighted nylon cord or chain to maintain a constant depth and distance
from the pile area. The nylon cord or chain will be attached to a float
or tied to a static line.
Each hydrophone will be calibrated at the start of each action and
will be checked frequently to the applicable standards of the
hydrophone manufacturer. Environmental data will be collected,
including but not limited to, the following: wind speed and direction,
air temperature, humidity, surface water temperature, water depth, wave
height, weather conditions, and other factors that could contribute to
influencing the airborne and underwater sound levels (e.g., aircraft,
boats, etc.). The chief inspector will supply the acoustics specialist
with the substrate composition, hammer or drill model and size, hammer
or drill energy settings and any changes to those
[[Page 11406]]
settings during the piles being monitored, depth of the pile being
driven or shaft excavated, and blows per foot for the piles monitored.
For acoustically monitored piles and shafts, data from the monitoring
locations will be post-processed to obtain the following sound
measures:
<bullet> Maximum peak pressure level recorded for all the strikes
associated with each pile or shaft, expressed in dB re 1 [mu]Pa. For
pile driving and DTH mono-hammer excavation, this maximum value would
originate from the phase of pile driving/drilling during which hammer/
drill energy was also at maximum (referred to as level 4); and
<bullet> From all the strikes associated with each pile occurring
during the level 4 phase these additional measures would be made: mean,
median, minimum, and maximum root mean square (RMS) pressure level in
[dB re 1 [mu]Pa]; mean duration of a pile strike (based on the 90
percent energy criterion); and number of hammer strikes. The cumulative
SEL would be computed from all the strikes associated with each pile
occurring during all phases, (i.e., soft-start, level 1 to level 4).
This measure is defined as the sum of all single strike SEL values. The
sum is taken of the antilog, with log10 taken of result to express in
[dB re [mu]Pa2 s].
Hydro-acoustic monitoring will be conducted for at least 10 percent
and up to 10 of each different pile type for each method of
installation as shown in Table 13-1 in the application for the initial
IHA. All acoustic data will be analyzed after the project period for
pile driving and DTH mono-hammer excavation events to confirm SPLs and
rate of transmission loss for each construction activity.
Training--NOAA OMAO and the Navy shall conduct briefings between
construction supervisors and crews, PSOs, NOAA OMAO and Navy staff
prior to the start of all pile driving activities and when new
personnel join the work. These briefings will explain responsibilities,
communication procedures, marine mammal monitoring protocol, and
operational procedures.
Reporting--PSOs must record specific information as described in
the Federal Register notice of the issuance of the initial IHA (87 FR
78072, December 21, 2022). NOAA OMAO would submit a draft marine mammal
monitoring report to NMFS within 90 days after the completion of pile
driving activities, or 60 days prior to a requested date of issuance of
any future IHAs for the project, or other projects at the same
location, whichever comes first. If no comments are received from NMFS
within 30 days, the draft report would constitute the final report. If
comments are received, a final report addressing NMFS' comments would
be required to be submitted within 30 days after receipt of comments.
All PSO datasheets and/or raw sighting data would be submitted with the
draft marine mammal report. NOAA OMAO must also provide a hydro-
acoustic monitoring report based upon hydro-acoustic monitoring
conducted during construction activities as described in the Federal
Register notice for the issuance of the initial IHA (87 FR 78072,
December 21, 2022).
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, NOAA OMAO would report the
incident to the Office of Protected Resources (OPR)
(<a href="/cdn-cgi/l/email-protection#a3f3f18deaf7f38deecccdcad7ccd1cacdc4f1c6d3ccd1d7d0e3cdccc2c28dc4ccd5"><span class="__cf_email__" data-cfemail="4e1e1c60071a1e60032120273a213c2720291c2b3e213c3a3d0e20212f2f60292138">[email protected]</span></a>), NMFS and to the Northeast Region
(GARFO) regional stranding coordinator as soon as feasible. If the
death or injury was clearly caused by the specified activity, NOAA OMAO
would immediately cease the specified activities until NMFS is able to
review the circumstances of the incident and determine what, if any,
additional measures are appropriate to ensure compliance with the terms
of the IHAs. NOAA OMAO would not resume their activities until notified
by NMFS.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (87
FR 66133, November 2, 2022) and solicited public comments on both our
proposal to issue the initial IHA for construction activities
associated with the relocation of NOAA vessels to NAVSTA and on the
potential for a renewal IHA, should certain requirements be met. No
public comments were received on the proposed IHA. A notice of NMFS'
proposal to issue a renewal IHA to NOAA OMAO was published in the
Federal Register on January 23, 2025 (90 FR 8009). That notice either
described, or referenced descriptions of, NOAA OMAO'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 measures. NMFS did not receive any public comment on the
proposed renewal of the IHA.
Determinations
NOAA OMAO's activities are a subset but otherwise unchanged from
those analyzed in support of the initial IHA. The effects of the
activity, taking into consideration the proposed mitigation and related
monitoring measures, remain unchanged from those evaluated in support
of 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. This includes consideration of the updated acoustic
guidance resulting in updated distances to the Level A harassment
thresholds and estimated abundance of common dolphin and harbor
porpoise stocks decreasing slightly based upon the 2023 SAR. 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) NOAA OMAO's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action, and; (5) appropriate monitoring and
reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our 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
[[Page 11407]]
serious injury or mortality) of the Companion Manual for NOAA
Administrative Order 216-6A, which do not individually or cumulatively
have the potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this renewal IHA.
Renewal IHA
As a result of these determinations, NMFS has issued a renewal IHA
to NOAA OMAO for take of marine mammals incidental to conducting
construction activities associated with NOAA vessel relocation at
NAVSTA in Newport, RI, effective from February XX, 2025 through
February XX, 2026, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated.
Dated: February 28, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-03577 Filed 3-5-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 6, 2025.
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.