Notice2025-12228
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Terminal 4 Expansion and Redevelopment Project at the Port of Grays Harbor, Washington
Primary source
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Published
July 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the Port of Grays Harbor (Port) for the renewal of a currently active incidental harassment authorization (IHA) to take marine mammals incidental to construction activities associated with the Terminal 4 (T4) Expansion and Redevelopment Project (Project) at the Port of Grays Harbor in Grays Harbor County, Washington. The Port's activities will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28725-28733]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12228]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE964]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Terminal 4 Expansion and
Redevelopment Project at the Port of Grays Harbor, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the Port of Grays Harbor (Port)
for the renewal of a currently active incidental harassment
authorization (IHA) to take marine mammals incidental to construction
activities associated with the Terminal 4 (T4) Expansion and
Redevelopment Project (Project) at the Port of Grays Harbor in Grays
Harbor County, Washington. The Port's activities will not be completed
prior to the IHA's expiration. Pursuant to the Marine Mammal Protection
Act (MMPA), prior to issuing the currently active IHA, NMFS requested
comments on both the proposed IHA and the potential for renewing the
initial authorization if certain requirements were satisfied. The
renewal requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.
DATES: Comments and information must be received no later than July 16,
2025.
ADDRESSES: Comments should be addressed to the Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service, and should be submitted via email to <a href="/cdn-cgi/l/email-protection#4b021f1b651b2a3e2722252e0b25242a2a652c243d"><span class="__cf_email__" data-cfemail="206974700e7041554c494e45604e4f41410e474f56">[email protected]</span></a>.
Electronic copies of the original application, renewal request, and
supporting documents (including NMFS Federal Register notices of the
original proposed and final authorizations, and the previous IHA), as
well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-ag-processing-incs-port-grays-harbor-terminal-4-expansion-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-ag-processing-incs-port-grays-harbor-terminal-4-expansion-and</a>. In case of problems accessing these documents, please
call the contact listed below.
[[Page 28726]]
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, 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 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 one 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>. Any comments received on the potential renewal, along with
relevant comments on the initial IHA, have been considered in the
development of this proposed IHA renewal, and a summary of agency
responses to applicable comments is included in this notice. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notice of our decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of a renewal
IHA) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On June 7, 2024, NMFS issued an IHA to Ag Processing Inc. (AGP) to
take marine mammals incidental to construction activities associated
with the Terminal 4 (T4) Expansion and Redevelopment Project (Project)
at the Port of Grays Harbor (Port) in both the City of Aberdeen and
City of Hoquiam, Grays Harbor County, Washington (89 FR 48565),
effective from July 16, 2024 through July 15, 2025. Note that this
[[Page 28727]]
Project is a joint effort between the Port and AGP. The initial IHA was
issued to AGP but the Port is requesting to be the holder of the
proposed renewal authorization. On April 16, 2025, NMFS received an
application for the renewal of that initial IHA from the Port. As
described in the application for renewal IHA, the activities for which
incidental take is requested are consistent with activities that are
covered by the initial authorization but will not be completed prior to
its expiration. As required, AGP also provided a preliminary monitoring
report which confirms that it 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.
Description of the Specified Activities and Anticipated Impacts
The purpose of the project is to construct a new export facility at
Terminal 4 (T4). The activity includes removal of existing piles and
the installation of both temporary and permanent piles of various
sizes. Takes of marine mammals by Level A and Level B harassment are
expected to occur as a result of noise produced by both impact and
vibratory pile driving and vibratory removal. The initial IHA
authorized take incidental to in-water construction activities
associated with the installation of a new fendering system at Terminal
4A and the installation of a new commodity export facility at Terminal
4B. AGP has completed the in-water construction activities for the new
commodity export facility at Terminal 4B. However, a one-year renewal
of the initial IHA is needed to complete the in-water construction
activities associated with the new fendering system at Terminal 4A.
Detailed Description of the Activity
A detailed description of the demolition and construction
activities for which take is proposed here may be found in the Notices
of the Proposed (89 FR 24436, April 8, 2024) and Final (89 FR 48565,
June 7, 2024) IHAs for the initial authorization. The location, timing,
and nature of the activities, including the types of equipment planned
for use, are similar to those described in the previous notices. The
proposed renewal would be effective for a period not exceeding 1 year
from the date of expiration of the initial IHA.
The existing IHA authorizes take incidental to the in-water pile
driving/removal activities shown in tables 1 and 2. The activities in
table 1 are proposed to be completed under this renewal IHA and the
activities in table 2 were completed under the initial IHA. The
previously planned impact proofing of 24-inch (60.96 centimeter (cm))
steel pipe piles was not required at Terminal 4B. Since the impact
proofing of 24-inch (60.96 cm) steel pipe piles planned for the
Terminal 4B commodity export facility portion of the Project was not
required, the Port intends to conduct similar impact proofing for the
fendering system construction at Terminal 4A under the proposed renewal
IHA. With the exception of impact proofing for the new fendering
system, the Port did not propose any new activities or modifications
from the originally proposed actions. Pile removal and installation
activities are anticipated to occur during the in-water work window
(July 16 through February 15). The most conservative estimate of time
required to complete pile installation and removal activities under
this renewal is 36 days of intermittent vibratory pile driving/removal
and an additional 8 days of impact proofing.
Table 1--In-Water Pile Removal and Installation Activities Proposed for the Renewal IHA for the Terminal 4A New Fendering System
--------------------------------------------------------------------------------------------------------------------------------------------------------
Removal/ Impact
Pile type and size Activity installation Number of piles Total days of Piles per day Hours vibratory strikes per
method operation per day day
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-inch (45.72 cm) timber Removal......... Vibratory hammer, Up to 50........ Up to 12........ Up to 10........ Up to 5.0....... ...........
piles. direct pull.
18-inch (45.72 cm) steel pipe Installation.... Vibratory hammer. Up to 15........ Up to 6......... Up to 6......... Up to 3.0....... ...........
pile.
24-to-30-inch (60.96-76.2 cm) Installation.... Vibratory hammer. Up to 24........ Up to 18........ Up to 6......... Up to 6.0....... ...........
steel pipe pile.
24-inch (60.96 cm) steel pipe Installation.... Impact proof..... Up to 24........ Up to 8......... Up to 4......... ................ 2,000
pile.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--In-Water Pile Removal and Installation Completed for New AGP Commodity Export Facility at Terminal 4B Under Initial IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation/ Total days of Hours vibratory Impact strikes
Pile type and size Activity removal method Number of piles operation Piles per day per day per day
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-inch (30.48 cm) steel H Removal......... Vibratory hammer Up to 6........ Up to 3........ Up to 3........ Up to 1.5......
sections. or direct pull.
16.5-inch (41.91 cm) concrete Removal......... Vibratory hammer, Up to 27....... Up to 9........ Up to 8........ Up to 8........
octagonal pile. direct pull.
36-inch (91.44 cm) steel pipe Installation.... Vibratory........ Up to 50....... Up to 24....... Up to 4........ Up to 8........
pile. * Impact proof... ............... Up to 6........ ............... ............... Up to 2,400.
24-inch (60.96 cm) steel pipe Installation.... Vibratory and Up to 24....... Up to 10....... Up to 4........ Up to 6........
pile. impact hammer. ............... Up to 2........ ............... ............... Up to 2,000.
* Impact proof...
12-inch (30.48 cm) steel H- Installation.... Vibratory hammer. Up to 6........ Up to 3........ Up to 3........ Up to 1.5......
piles.
24-inch (60.96 cm) steel pipe Installation.... Vibratory hammer. Up to 24....... Up to 6........ Up to 8........ Up to 4........
pile.
24-inch (60.96 cm) steel pipe Removal......... Vibratory hammer. Up to 24....... Up to 6........ Up to 8........ Up to 4........
pile.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The planned impact proofing of 36-in and 24-in steel pipe pile was not required. Impact proofing of 24-inch steel piles has been added to work under
the proposed renewal and has been applied to pile installation activities in table 1.
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
Notices of the Proposed IHA for the initial authorization (89 FR 24436,
April 8, 2024). NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock
[[Page 28728]]
Assessment Reports, information on relevant Unusual Mortality Events,
and other scientific literature, and determined there is no new
information that affects which species or stocks have the potential to
be affected or the pertinent information in the Description of the
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA (89 FR 24436, April 8, 2024).
Note that the abundance estimate for the Oregon/Washington coastal
stock of harbor seal has been updated to 22,549 from 24,731 animals
based on more recent best available information (Pearson et al. 2024),
but this does not impact estimated take numbers under the proposed
renewal or influence the findings made in support of the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an
authorization of incidental take is proposed here may be found in the
notices of the proposed IHA for the initial authorization (89 FR 24436,
April 8, 2024). NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that there is no new information that affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
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 (89 FR 24436, April 8, 2024; 89 FR
48565, June 7, 2024). Specifically, the action area and marine mammal
density and occurrence data applicable to this authorization remain
unchanged from the initial and modified 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 2024 Updated Technical Guidance,
further discussed below. The estimated number of takes proposed for
authorization 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 for the proposed renewal was
calculated using the same methodology as in the initial proposed and
final IHAs (89 FR 24436, April 8, 2024; 89 FR 48565, June 7, 2024).
On October 24, 2024 NMFS published (89 FR 84872) its final Updated
Technical Guidance (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools</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 (89 FR 24436, April 8, 2024; 89 FR
48565, June 7, 2024). 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 (89 FR
24436, April 8, 2024; 89 FR 48565, June 7, 2024), for the purpose of
understanding how Level A harassment (auditory injury) zones might
change from the initial IHA. The updated marine mammal hearing groups
and updated thresholds can be found in tables 3 and 4.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on ~65-dB threshold from composite audiogram, previous
analysis in NMFS, 2018, and/or data from Southall et al., 2007;
Southall et al., 2019. Additionally, animals are able to detect very
loud sounds above and below that ``generalized'' hearing range. Hz =
Hertz. kHz = kilohertz.
Table 4--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.
----------------------------------------------------------------------------------------------------------------
* 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.
[[Page 28729]]
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.
The inputs contained in the 2018 Technical Guidance user
spreadsheet for the initial IHA are identical to those utilized in the
2024 Technical Guidance user spreadsheet. However, the estimated Level
A harassment isopleths have increased in some cases when the updated
2024 Technical Guidance is used as shown in table 5. The Port proposes
to change the shutdown zones accordingly and consistent with the intent
of the measures prescribed through the initial IHA, as discussed in
Description of Proposed Mitigation, Monitoring and Reporting Measures
section.
Table 5--Level A Harassment Isopleths Using 2024 Updated Technical Guidance and 2018 Technical Guidance
[Meters]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal Sea lion Harbor porpoise
Pile type and size Activity Removal/installation -----------------------------------------------------------------
method 2024 2018 2024 2018 2024 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Up to 18-inch (45.72 cm) timber Removal................ Vibratory hammer....... 41 15 14 1 26 35
piles.
Up to 18-inch (45.72 cm) steel pipe Installation........... Vibratory hammer....... 16 6 5 1 10 13
pile.
24-to-30-inch (60.96-76.2 cm) steel Installation........... Vibratory hammer....... 29 10 10 1 18 25
pipe pile.
Up to 24-inch (60.96 cm) steel pipe Installation........... Impact Proof........... 259 157 97 12 452 349
pile.
--------------------------------------------------------------------------------------------------------------------------------------------------------
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Notices of the
Proposed and/or Final IHAs (89 FR 24436, April 8, 2024; 89 FR 48565,
June 7, 2024) for the initial authorization. Specifically, the source
levels, days of operation, and marine mammal density/occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA. The sizes of the estimated Level A harassment zones have
changed in some cases as shown in table 5 and these are reflected in
tables 6-11. The stocks taken, methods of take, and types of take
remain unchanged from the previously issued IHA. The estimated number
of takes for the proposed renewal were calculated by adding the
individual takes associated with each of the activities listed in table
5. Tables 6-11 show calculated take numbers by Level A (where
authorized) and Level B harassment.
Table 6--Calculated Take of Harbor Porpoise by Level B Harassment
----------------------------------------------------------------------------------------------------------------
Harbor
porpoise Days of pile Level B area Shutdown area Level B take
Pile type density per driving (km\2\) (km\2\) estimate
km\2\
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 0.467 18 4.95 0.023 41.42
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 0.467 8 0.46 0.05 1.53
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 0.467 6 4.3 0.014 12.01
piles (installation) vibratory.
18-inch (45.72 cm) creosote 0.467 12 7.4 0.034 41.28
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 96.2
----------------------------------------------------------------------------------------------------------------
Table 7--Calculated Take of Harbor Porpoise by Level A Harassment
----------------------------------------------------------------------------------------------------------------
Harbor
porpoise Days of pile Level A area Shutdown area Level A take
Pile type density per driving (km\2\) (km\2\) estimate
km\2\
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 0.467 18 0.008 0.023 0.00
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 0.467 8 0.44 0.047 1.47
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 0.467 6 0.009 0.014 0.00
piles (installation) vibratory.
[[Page 28730]]
18-inch (45.72 cm) creosote 0.467 12 0.025 0.034 0.00
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 1.5
----------------------------------------------------------------------------------------------------------------
The Port requested and NMFS is proposing to authorize 2 Level A
harassment and 94 Level B harassment takes of harbor porpoise.
Table 8--Calculated Take of Steller Sea Lion by Level B Harassment
----------------------------------------------------------------------------------------------------------------
Stellar sea
Pile type lion density Days of pile Level B area Shutdown area Level B take
per km\2\ driving (km\2\) (km\2\) estimate
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 0.1993 18 4.95 0.009 17.73
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 0.1993 8 0.46 0.047 0.66
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 0.1993 6 4.3 0.009 5.13
piles (installation) vibratory.
18-inch (45.72 cm) creosote 0.1993 12 7.4 0.009 17.68
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 41.2
----------------------------------------------------------------------------------------------------------------
The Port requested and NMFS is proposing to authorize 42 takes of
Steller sea lion by Level B harassment. No take by Level A harassment
is anticipated or proposed for authorization.
Table 9--Calculated Take of California Sea Lion by Level B Harassment
----------------------------------------------------------------------------------------------------------------
California sea
Pile type lion density Days of pile Level B area Shutdown area Level B take
per km\2\ driving (km\2\) (km\2\) estimate
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 0.6493 18 4.95 0.009 57.75
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 0.6493 8 0.46 0.047 2.15
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 0.6493 6 4.3 0.009 16.72
piles (installation) vibratory.
18-inch (45.72 cm) creosote 0.6493 12 7.4 0.009 57.59
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 134.2
----------------------------------------------------------------------------------------------------------------
The Port requested and NMFS is proposing to authorize 134 takes of
California sea lion by Level B harassment. No take by Level A
harassment is anticipated or proposed for authorization.
Table 10--Calculated Take of Harbor Seal by Level B Harassment
----------------------------------------------------------------------------------------------------------------
Harbor seal
Pile type density per Days of pile Level B area Shutdown area Level B take
km\2\ driving (km\2\) (km\2\) estimate
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 30.8 18 4.95 0.009 2,739.29
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 30.85 8 0.46 0.05 101.19
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 30.85 6 4.3 0.009 794.26
piles (installation) vibratory.
18-inch (45.72 cm) creosote 30.85 12 7.4 0.014 2,734.30
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 6,369.0
----------------------------------------------------------------------------------------------------------------
[[Page 28731]]
Table 11--Calculated Take of Harbor Seal by Level A Harassment
----------------------------------------------------------------------------------------------------------------
Harbor seal
Pile type density per Days of pile Level A area Shutdown area Level A take
km\2\ driving (km\2\) (km\2\) estimate
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) 30.85 18 0.013 0.009 2.22
steel pipe piles-vibratory
(installation).................
24-inch (60.96 cm) steel piles, 30.85 8 0.174 0.05 30.60
permanent--impact
(installation).................
18-inch (45.72 cm) steel pipe 30.85 6 0.015 0.009 1.11
piles (installation) vibratory.
18-inch (45.72 cm) creosote 30.85 12 0.041 0.014 10.00
timber piles--Vibratory
(removal)......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 43.9
----------------------------------------------------------------------------------------------------------------
The Port requested and NMFS is proposing to authorize 44 Level A
harassment takes and 6,325 Level B harassment takes of harbor seal.
The total number of takes proposed for authorization under the
renewal for all species by Level A and Level B harassment as well as
the percentage of each stock are shown in table 12.
Table 12--Summary of Proposed Marine Mammal Takes by Species and Percentage of Stock Taken
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Level Proposed Level Stock Percent of
Common name Scientific name Stock A harassment B harassment abundance stock (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise...................... Phocoena phocoena....... Northern Oregon/ 2 94 22,074 <0.01
Washington Coast.
Steller sea lion..................... Eumetopias jubatus...... Eastern U.S............ .............. 42 36,308 <0.01
California sea lion.................. Zalophus californianus.. U.S.................... .............. 135 257,606 <0.01
Harbor seal.......................... Phoca vitulina.......... OR/WA coast stock...... 44 6,325 \*\ 22,549 28.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This is unlikely an underestimate of total abundance since it only includes data for the Washington portion of the Oregon-Washington Coastal Stock
(Pearson et al., 2024).
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this renewal authorization are similar to
those included in the Federal Register notice announcing the issuance
of the initial IHA (89 FR 48565, June 7, 2024), and the discussion of
the least practicable adverse impact included in that document and the
Notice of the Proposed IHA (89 FR 24436, April 8, 2024) remain
accurate. The following measures are proposed for this renewal:
<bullet> The Port must employ NMFS-approved protected Species
Observers (PSOs) and establish monitoring locations to the maximum
extent possible based on the required number of PSOs, required
monitoring locations, and environmental conditions;
<bullet> Monitoring must take place from 30 minutes prior to
initiation of pile driving activity (i.e., pre-start clearance
monitoring) through 30 minutes post-completion of pile driving
activity;
<bullet> Pre-start clearance monitoring must be conducted during
periods of visibility sufficient for the lead PSO to determine that the
shutdown zones are clear of marine mammals;
<bullet> If a marine mammal is observed entering or within the
shutdown zones pile driving activity must be delayed or halted;
<bullet> If pile driving 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;
<bullet> Soft start techniques must be used when impact pile
driving;
<bullet> A bubble curtain must be used during impact pile driving;
<bullet> Pile driving activity must be halted upon observation of
either 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;
<bullet> The Port must shut down construction operations if a
marine mammal comes within 10 m of construction activity to avoid
direct physical interaction with marine mammals;
<bullet> The Port must submit a draft marine mammal monitoring
report to NMFS within 90 days after the completion of pile driving
activities or 60 calendar days prior to the requested issuance of any
subsequent IHA for construction activity at the same location,
whichever comes first. A final report must be prepared and submitted
within 30 calendar days following receipt of any NMFS comments on the
draft report; and
<bullet> All injured or dead marine mammals must be reported to the
Office of Protected Resources and to the West Coast regional stranding
network.
Consistent with the mitigation required through the initial IHA,
shutdown zones proposed for the renewal IHA will be based on the
largest Level A harassment zone for each pile size/type and driving
method, as updated using the draft 2024 Technical Guidance rather than
the 2018 Technical Guidance. Proposed zones are shown in table 13.
[[Page 28732]]
Table 13--Proposed Shutdown and Monitoring Zones
[Meters]
----------------------------------------------------------------------------------------------------------------
Shutdown zone
------------------------------------------------
Pile type Very high- Monitoring
frequency Phocid Otariid zone
cetaceans * pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
Impact
----------------------------------------------------------------------------------------------------------------
24-inch (60.96 cm) steel piles, permanent 100 100 ** 100 (10) 465
(installation).................................
----------------------------------------------------------------------------------------------------------------
Vibratory
----------------------------------------------------------------------------------------------------------------
24-to-30-inch (60.96-76.2 cm) steel pipe piles 25 10 10 3,985
(installation).................................
----------------------------------------------------------------------------------------------------------------
18-inch (45.72 cm) steel pipe piles 15 10 10 3,415
(installation).................................
18-inch (45.72 cm) creosote timber piles 35 15 ** 15 (10) 6,310
(removal)......................................
----------------------------------------------------------------------------------------------------------------
* In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
** Represents change from Initial 2024-2025 IHA. Initial zones in parentheses.
The monitoring zones in the proposed renewal are identical to those
found in the initial proposed and final IHAs (89 FR 24436, April 8,
2024; 89 FR 48565, June 7, 2024). Most of the Level A harassment zones
remain unchanged from the initial proposed and final IHAs. However, the
Level A harassment zone for Otariids during impact installation of 24-
inch (60.96 cm) steel piles increased from 12 m to 97 m so the shutdown
zone was increased to 100 m. Vibratory removal of 18-in creosote timber
piles for Otariids increased from 1 m to 14 m so the shutdown zone was
increased to 15 m from the previous 10 m minimum.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (89
FR 24436; May 8, 2024) and solicited public comments on both our
proposal to issue the initial IHA for construction activities
associated with the Project and on the potential for a renewal IHA,
should certain requirements be met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (89 FR 48565; June 7, 2024) and none of the
comments specifically pertained to the renewal of the 2024 IHA.
Preliminary Determinations
The Port's action will require completing a subset of pile driving
activities that were not completed under the initial IHA. Work at
Terminal 4B has been completed while work at Terminal 4A has yet to
begin. The method of taking and effects of the work on Terminal 4A were
analyzed in the initial IHA along with Terminal B. Work on both
terminals was expected to take 105 days under the initial IHA. The Port
estimates that only 44 days of work remain. The take estimate for the
renewal IHA is based on the activities proposed to occur during these
remaining days. The proposed renewal take numbers represent a subset of
the total take authorized under the initial IHA. In analyzing the
effects of the activities for the initial IHA, NMFS determined that the
Port's activities would have a negligible impact on the affected
species or stocks and that authorized take numbers of each species or
stock were small relative to the relevant stocks (e.g., less than one-
third the abundance of all stocks). The mitigation measures and
monitoring and reporting requirements as described above are
substantially similar to those required through the initial IHA,
although some shutdown zones for Otariids have undergone slight
revisions due to the Updated 2024 Technical Guidance. The abundance of
a single species (OR/WA coast stock of harbor seals) has also changed
since the initial IHA, but none of this new information affects NMFS'
determinations supporting issuance of the initial IHA. The piles to be
driven in the proposed subset of work and any minor changes described
above do not affect the least practicable adverse impact
determinations.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) the Port'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 ensure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this proposed action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to the Port for conducting construction activities
as part of the T4 Expansion and Redevelopment Project at the Port of
Grays Harbor in both the City of Aberdeen and City of Hoquiam, Grays
Harbor County, Washington from July 16, 2025 through July 15, 2026,
provided the previously described mitigation, monitoring, and reporting
requirements are incorporated. A draft of the proposed and final
initial IHA can
[[Page 28733]]
be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-ag-processing-incs-port-grays-harbor-terminal-4-expansion-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-ag-processing-incs-port-grays-harbor-terminal-4-expansion-and</a>. We request comment on our analyses, the proposed renewal
IHA, and any other aspect of this notice. Please include with your
comments any supporting data or literature citations to help inform our
final decision on the request for this renewal IHA.
Dated: June 25, 2025.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-12228 Filed 6-27-25; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 1, 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.