Notice2025-08357
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
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
May 13, 2025
Effective
May 12, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the United States Navy (Navy) to incidentally harass marine mammals during construction activities associated with pile driving training exercises at Naval Base Ventura County, Port Hueneme (NBVC). 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 90 Issue 91 (Tuesday, May 13, 2025)</title>
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[Federal Register Volume 90, Number 91 (Tuesday, May 13, 2025)]
[Notices]
[Pages 20283-20291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08357]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE500]
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
[[Page 20284]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an 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 an incidental harassment authorization (IHA) to
the United States Navy (Navy) to incidentally harass marine mammals
during construction activities associated with pile driving training
exercises at Naval Base Ventura County, Port Hueneme (NBVC). 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: This authorization is effective from May 12, 2025, through
December 31, 2025.
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-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, 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 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.
History of Request
On May 13, 2024, the Navy submitted an application requesting
issuance of an IHA authorizing take of California sea lions (Zalophus
californianus) and harbor seals (Phoca vitulina richardii), by Level B
harassment only, incidental to four pile driving training exercises at
NBVC. Revised applications were received on August 6, 2024, and
September 12, 2024. The application was deemed adequate and complete on
September 24, 2024, and the notice of the proposed IHA was published in
the Federal Register on October 23, 2024 (89 FR 84534). A correction to
this notice was published on October 30, 2024, that clarified the
appropriate public comment duration period (i.e., 30 days) (89 FR
86320). On April 15, 2025, the Navy submitted a memo with updated
information and clarification on revised pile driving training needs to
account for exercises planned through December 31, 2025.
Changes from the 2023 IHA include those associated with the Navy's
request, in some instances, to install and remove additional piles and
types of piles during the training exercises over additional days
(i.e., more than were addressed in the 2023 IHA) due to emergent
training requirements and tempo (see the Description of the Specified
Activities section for more details). In addition, on October 24, 2024,
NMFS published its Updated Technical Guidance for Assessing the Effects
of Anthropogenic Sound on Marine Mammal Hearing (Version 3.0) (89 FR
84872, NMFS (2024)), 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) that have been applied in NMFS' analysis herein.
These 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 planned training exercises
would be completed in 160 days instead of 96 days. In evaluating the
current request and to the extent deemed appropriate, NMFS relied on
the information presented in notices associated with the issuance of
the initial 2023 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 2023 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 2023 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 Specified Activities
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 2023 IHA, Naval
Construction Group ONE proposes to execute pile driving training
exercises at NBVC that are 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 2023 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
[[Page 20285]]
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 exercise for 11 days during the 2023 authorization period. The
Navy has requested 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 has requested, in some instances, to
install and remove additional piles and pile types during the training
exercises across a total of 160 days (40 days of in-water pile driving
per training exercise) (table 1). The new IHA is valid from the date of
issuance through December 31, 2025. 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 IHA.
A detailed description of the planned training activities is
provided in the Federal Register notice for the proposed IHA (89 FR
84534, October 23, 2024), as well as in the documents related to the
2023 IHA (i.e., the Federal Register notice of the proposed 2023 IHA
(88 FR 15956, March 15, 2023), the Federal Register notice of issuance
of the 2023 IHA (88 FR 28517, May 4, 2023), and all associated
references and documents). Only minor changes have been made to the
planned activities since the publication of those documents. Therefore,
a description is provided below. Please refer to those documents for
the description of the specific activity. 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>.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the Navy was
published in the Federal Register on October 23, 2024 (89 FR 84534).
That notice and the Federal Register notices related to the initial
2023 IHA (88 FR 15956, March 15, 2023; 88 FR 28517, May 4, 2023)
described, in detail, the Navy's activity, the marine mammal species
that may be affected by the activity, and the anticipated effects on
marine mammals. In the proposed notice for this 2025 IHA (89 FR 84534,
October 23, 2024), we requested public input on the request for
authorization described therein, our analyses, the proposed
authorization, and any other aspect of the notice of proposed IHA, and
requested that interested persons submit relevant information,
suggestions, and comments. During the 30-day public comment period,
NMFS did not receive any public comments.
Changes From the Proposed IHA to Final IHA
There are minor changes from the proposed IHA to the final IHA,
including the addition of a new pile type (16-inch plastic pile),
decrease in time to install and remove timber and sheet piles by
vibratory methods, decrease in days of installation and total days per
exercise for timber and H-beam piles, increase in buffer days per
exercise (table 1), and changes to calculated distances and areas to
the estimated Level A and Level B harassment thresholds (table 5),
resulting in changes to the Level A harassment shutdown zones and Level
B harassment monitoring zones for all activities (table 7). These
changes do not affect the estimated take amounts, and no changes have
been made to the authorized take (table 6). These changes are
incorporated herein but do not change any of the analyses or
determinations from the proposed IHA (89 FR 84534, October 23, 2024).
Table 1--Summary of Pile Details and Estimated Production Rates for Pile Installation and Removal During Each Training Exercise
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Production rate (piles/day)
Potential ------------------------------------------------
Number of Vibratory installation/ impact Installation Removal Days of Days of Buffer Total
Pile size/type/shape sheets/ removal duration per pile strikes per ------------------------------------------------ installation removal days \a\ days per
piles pile, if Vibratory Impact Vibratory Impact exercise
needed hammer hammer hammer hammer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Sheet.......................... 30 7/7 minutes................... N/A 30 N/A 30 N/A 1 1 12 14
16-in Timber Pile.......................... 12 10/7 minutes.................. 1,800 12 6 12 N/A 1 1 7 9
14-in H-Beam Pile.......................... 6 20/30 minutes................. 1,800 6 2 6 N/A 1 1 6 8
16-inch Plastic Pile....................... 12 5/5 minutes................... 500 12 6 12 N/A 1 1 7 9
----------------------------------------------------------------------------------------------------------------------------------------------------
Totals................................. ......... 21.25 hours/22.25 hours....... ........... ........... ......... ........... ......... 4 4 32 40
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\a\ Buffer days are included in this 2025 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 2023 IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized 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 2023 authorization. NMFS has reviewed the monitoring data from
the 2023 IHA, 2024 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 2023 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
[[Page 20286]]
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.). Subsequently, NMFS (2024)
described updated generalized hearing ranges for these marine mammal
hearing groups. Generalized hearing ranges were chosen based on the ~65
decibel (dB) threshold from composite audiograms, previous analyses in
NMFS (2018), and/or data from Southall et al. (2007) and Southall et
al. (2019). Marine mammal hearing groups and their associated hearing
ranges are provided in table 2.
Table 2--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.
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2024) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from the Navy's training activities
have the potential to result in behavioral harassment of marine mammals
in the vicinity of NBVC. The notice of the 2023 proposed IHA (88 FR
15956, March 15, 2023) included a discussion of the effects of
anthropogenic noise on marine mammals and the potential effects of
underwater noise from the Navy's training activities on marine mammals
and their habitat. That information and analysis is referenced in this
final IHA determination and is not repeated here; please refer to the
notice of the 2023 proposed IHA (88 FR 15956, March 15, 2023). NMFS has
reviewed the monitoring data from the 2023 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 2023 authorization (88
FR 15956, March 15, 2023; 88 FR 28517, May 4, 2023). Specifically, the
source levels and marine mammal occurrence data applicable to this
authorization remain unchanged from the 2023 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 will increase compared to the 2023 IHA
so that personnel can meet new training requirements during the 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 2023 IHA considered this activity could take 20 minutes. As
described in the Federal Register notices of the proposed and final
IHAs for the 2023 authorization (88 FR 15956, March 15, 2023; 88 FR
28517, May 4, 2023), 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 do not increase because activity duration is not
considered in their calculation.
In the notice of this proposed IHA (89 FR 84534, October 23, 2024),
we provided calculations using the NMFS' 2024 Updated Technical
Guidance for the purposes of understanding the number of potential
takes by Level A harassment in comparison to NMFS' 2018 Technical
Guidance;); since that time the Updated Technical Guidance has been
finalized and is thus only considered herein (89 FR 84872, October 24,
2024)). The NMFS' 2024 Updated Technical Guidance criteria include both
updated thresholds and updated weighting functions for each hearing
group to inform auditory injury estimates (89 FR 36762). The thresholds
are provided in table 3. The references, analysis, and methodology used
in the development of the criteria, as well as the detailed description
of the updated weighting functions, are described in the NMFS' 2024
Updated Technical Guidance, 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 training activities include the use of impulsive (impact
pile driving) and non-impulsive (vibratory driving) sources.
[[Page 20287]]
Table 3--NMFS' 2024 Thresholds Identifying the Onset of Auditory Injury
[AUD INJ]
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AUD INJ onset acoustic thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lp,0-pk,flat: 222 Cell 2: LE,p,LF,24h: 197 dB
dB; LE,p,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans.......... Cell 3: Lp,0-pk,flat: 230 Cell 4: LE,p,HF,24h: 201 dB
dB; LE,p,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans.... Cell 5: Lp,0-pk,flat: 202 Cell 6: LE,p,VHF,24h: 181 dB
dB; LE,p,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lp,0-pk.flat: 223 Cell 8: LE,p,PW,24h: 195 dB
dB; LE,p,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lp,0-pk,flat: 230 Cell 10: LE,p,OW,24h: 199 dB
dB; LE,p,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric criteria for impulsive sounds: Use whichever criteria 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 criteria associated with impulsive sounds, the Peak sound pressure level (PK SPL) criteria are
recommended for consideration for non-impulsive sources.
Note: Peak sound pressure (Lp,0-pk) has a reference value of 1 microPascal ([micro]Pa), and weighted cumulative
sound exposure level (LE,p) has a reference value of 1 [micro]Pa\2\s. In this table, criteria are abbreviated
to be more reflective of International Organization for Standardization (ISO) standards (ISO 2017; ISO 2020).
The subscript ``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted
within the generalized hearing range of marine mammals underwater (i.e., 7 hertz (Hz) to 165 kHz). The
subscript associated with cumulative sound exposure level criteria 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 criteria 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 criteria will be exceeded.
NMFS developed optional User Spreadsheet tools to accompany the
2024 Updated 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 permanent AUD INJ. Inputs
used in the optional User Spreadsheet tools based on the Navy's request
are reported in table 4. The isopleths calculated for this IHA based on
NMFS' 2024 Updated Technical Guidance are reported in table 5.
Table 4--NMFS User Spreadsheet Inputs
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Vibratory pile driving Impact pile driving
---------------------------------------------------------------------------------------------------------------------------------------------------------------
Pile size and type 16-inch Plastic 16-inch Timber 14-inch Steel H 16-inch Plastic 16-inch Timber 14-inch Steel H 24-inch Steel
Piles Piles Beam 24-inch Steel Sheet Piles Piles Beam Sheet
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Source Level.................... 162 dB RMS......... 162 dB RMS......... 147 dB RMS......... 159 dB RMS......... 170 dB SEL........ 160 dB SEL........ 170 dB SEL........ N/A
Transmission Loss Coefficient... 15................. 15................. 15................. 15................. 15................ 15................ 15................ N/A
Weighting Factor Adjustment 2.5................ 2.5................ 2.5................ 2.5................ 2................. 2................. 2................. N/A
(kHz).
Time to install/remove single 5/5................ 10/7............... 30/30.............. 7/7................ N/A............... N/A............... N/A............... N/A
pile (minutes).
Number of strikes per pile...... N/A................ N/A................ N/A................ N/A................ 500............... 1,800............. 1,800............. N/A
Piles to install/remove per day. 12/12.............. 12................. 6.................. 30................. 6................. 6................. 2................. N/A
Distance of sound pressure level 10................. 10................. 10................. 11................. 10................ 10................ 10................ N/A
measurement (meters).
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Table 5--Calculated Distances and Areas to the Estimated Level A and Level B Harassment Thresholds by Pile Type and Pile Driving Method
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment Level A Level B Level B
distances (m) harassment harassment harassment
Piles per -------------------------- areas distance areas
Activity Pile description day (km\2\) for (m) all (km\2\) for
PW OW all hearing hearing all hearing
groups \a\ groups \b\ groups \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal............. 16-inch Timber Piles......... 12 22.0 7.4 <0.1 790 <0.3
16-inch Plastic Piles........ 12 13.8 4.7 <0.1 790 <0.3
14-inch Steel H Beam......... 6 2.9 1.0 <0.1 631 <0.3
24-inch Steel Sheet.......... 30 20.1 6.8 <0.1 790 <0.3
Impact Installation........................ 16-inch Timber Piles......... 6 126.5 47.1 <0.1 47 <0.1
16-inch Plastic Piles........ 6 249.9 93.2 <0.1 790 <0.3
[[Page 20288]]
14-inch Steel H-Beam......... 2 282.2 105.2 <0.1 790 <0.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Harassment areas have been truncated where appropriate to account for land masses.
\b\ 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.
The stocks taken, methods of take, and types of take remain
unchanged from the 2023 authorization. Here, we estimate the 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 2023 IHA, applied across
the 160 days of anticipated activity, resulting in 46,512 and 2,856
instances of take by Level B harassment, respectively (table 6). While
the estimated distances to the Level A harassment thresholds and the
shutdown zones are in some cases larger than the estimated distances to
the Level B harassment thresholds (see distances for impact driving in
table 5), they are still relatively small (i.e., less than 283 m based
on NMFS' 2024 Updated Technical Guidance) and it is unlikely that an
individual would remain in these zones long enough to incur AUD INJ.
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 authorized.
Table 6--Amount of Authorized Take as a Percentage of Stock Abundance, by Stock and Harassment Type
----------------------------------------------------------------------------------------------------------------
Authorized amount of taking
Species Stock ------------------------------------------------ Percent of
Level A Level B Total stock
----------------------------------------------------------------------------------------------------------------
California Sea Lion........... U.S............. 0 46,512 46,512 18.05
Harbor Seal................... California...... 0 2,856 2,856 9.22
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The 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 2023 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 IHA
includes the following measures:
<bullet> The Navy will 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 (32.8
ft) will be implemented. If a marine mammal comes within 10 m (32.8
ft), operations will cease and vessels will reduce speed to the minimum
level required to maintain steerage and safe working conditions. If
human safety is at risk, the in-water activity will be allowed to
continue until it is safe to stop.
<bullet> The Navy will 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 will vary based on the type
of pile installation/removal activity, but are larger than the
calculated Level A harassment isopleths shown in table 7. The shutdown
zones have increased slightly from what was required in the 2023 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) will ensure that the entirety
of all shutdown zones and Level A harassment zones are visible during
pile installation and removal.
Table 7--Shutdown Zones During In-Water Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Distance (m)
Activity Pile description -------------------------------
PW OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal................ 16-inch Timber Piles............ 25 25
16-inch Plastic Piles........... 25 25
14-inch Steel H Beam............ 25 25
24-inch Steel Sheet............. 25 25
Impact Installation........................... 16-inch Timber Piles............ 130 130
16-inch Plastic Piles........... 260 260
[[Page 20289]]
14-inch Steel H-Beam............ 290 290
----------------------------------------------------------------------------------------------------------------
<bullet> The Navy will delay or shutdown all in-water pile driving
activities should an animal approach or enter the appropriate shutdown
zone. The Navy can 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 will 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 IHA. Lookouts will 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 will 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 will be used.
<bullet> The placement of the lookouts during all pile driving and
removal activities will ensure that the entire applicable shutdown
zones are visible during all in-water pile installation and removal.
One observer will 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) will be monitored for a minimum of 30 minutes to
ensure that they are clear of marine mammals (i.e., pre-clearance
monitoring). Pile driving will only commence once observers have
declared the shutdown zone(s) are clear of marine mammals. Monitoring
will also take place for 30 minutes post-completion of pile driving.
<bullet> If in-water work ceases for more than 30 minutes, the Navy
will conduct pre-clearance monitoring of both the Level B harassment
zone and shutdown zone.
<bullet> Pre-start clearance monitoring will be conducted during
periods of visibility sufficient for the lead lookout to determine that
the shutdown zones indicated in table 7 are clear of marine mammals.
Pile driving can commence following 30 minutes of observation when the
determination is made that the shutdown zones are clear of marine
mammals.
<bullet> The Navy will 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
will be implemented at the start of each day's impact pile driving and
at any time following cessation of impact pile driving for a period of
30 minutes or longer. Soft starts will not be used for vibratory pile
installation and removal. Lookouts will 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 authorized, in-water pile installation/removal
will 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 will be stopped as these
species approach the Level B harassment zone to avoid additional take
of them.
<bullet> Monitoring will be conducted by qualified lookouts with
support from Navy biologists, in accordance with the following:
<bullet> Navy biologists will train and certify lookouts in
accordance with the mitigation, monitoring and reporting requirements
of the issued IHA;
<bullet> All lookouts will maintain contact via either handheld
communication devices or flags to signal sightings and shutdowns;
<bullet> Lookouts will 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 will be located within auditory range of
the pile driving team and will have primary responsibility for calling
activity shutdowns;
<bullet> Lookouts will 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 will occur in all-weather until training has
concluded for the day;
<bullet> Lookouts will 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 will record all observations of marine mammals as
described in the section 5 of the IHA, regardless of distance from the
pile being driven. Lookouts will document any behavioral reactions in
concert with distance from piles being driven or removed.
<bullet> Lookouts will 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.
[[Page 20290]]
The Navy will 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 will provide comments within 30 days after receiving the draft
report, and the Navy will address the comments and submit revisions
within 30 days of receipt. If no comments are received from NMFS within
30 days, the draft report will be considered as final.
The draft and final marine mammal monitoring reports will be
submitted to <a href="/cdn-cgi/l/email-protection#d38381fd9a8783fd9ebcbdbaa7bca1babdb481b6a3bca1a7a093bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="f5a5a7dbbca1a5dbb89a9b9c819a879c9b92a790859a878186b59b9a9494db929a83">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#177e636739747b7261727964637e7972577978767639707861"><span class="__cf_email__" data-cfemail="d9b0ada9f7bab5bcafbcb7aaadb0b7bc99b7b6b8b8f7beb6af">[email protected]</span></a>. The reports must include an overall
description of work completed, a narrative regarding marine mammal
sightings, and associated data sheets. Specifically, the reports must
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 must record all incidents of marine mammal occurrence in
the area in which take is anticipated regardless of distance from
activity, and must document any behavioral reactions in concert with
distance from piles being driven or removed. Specifically, lookouts
must 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.
Determinations
The 2025 IHA consists of the same activities analyzed through the
initial 2023 authorization. The 2025 IHA authorizes the incidental take
by Level B harassment of California sea lions and harbor seals to up to
four 40-day pile driving training exercises. The Navy requested a new
IHA so that it can conduct an additional four training exercises during
the authorization period. However, due to emergent training
requirements and tempo, the Navy requested, in some instances, to
install and remove additional piles over additional days during the
training exercises than what was analyzed in the initial 2023 IHA
(i.e., 160 total days considered in this 2025 IHA versus 96 days
considered in the initial 2023 IHA), which results in an increase in
the number of takes by Level B harassment authorized for harbor seals
and sea lions (see table 6). In addition, on October 24, 2024, NMFS
published its Updated Technical Guidance (89 FR 84872), 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). 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 2023
IHA, NMFS determined that the Navy's activities will have a negligible
impact on the affected species or stocks. There is no new information
that affects NMFS' determinations supporting issuance of the initial
2023 IHA or this IHA. While the takes by Level B harassment authorized
for this IHA are greater than the takes by Level B harassment
authorized in the initial 2023 IHA, the anticipated impacts of the
Navy's training exercises on marine mammals are the same as what was
considered in the initial 2023 IHA (e.g., temporary modifications in
behaviors or temporary threshold shifts that will 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 endangered
species designated critical habitat). Lastly, the intensity of
anticipated takes by Level B harassment is relatively low for all
stocks and will 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 2023 IHA, except for the requirement of slightly larger
shutdown zones.
Based on the information 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 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
[[Page 20291]]
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 an IHA)
with respect to potential impacts on the human environment. This action
is consistent with categories of activities identified in Categorical
Exclusion B4 (incidental take authorizations with no anticipated
serious injury or mortality) of the Companion Manual for NAO 216-6A,
which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of this IHA qualifies to be categorically excluded
from further NEPA review.
Authorization
NMFS has issued an IHA to the Navy for the potential harassment of
two marine mammal species incidental to pile driving training exercises
at NBVC that includes the previously explained mitigation, monitoring,
and reporting requirements.
Dated: May 7, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-08357 Filed 5-12-25; 8:45 am]
BILLING CODE 3510-22-P
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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.