Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge, 2123-2127 [05-624]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
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Dated: January 5, 2005.
Hratch G. Semerjian,
Acting Director.
[FR Doc. 05–545 Filed 1–11–05; 8:45 am]
BILLING CODE 3510–CN–P
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Title: Applying X-ray Topography and
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the method is the effective gravity, geff,
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Dated: January 5, 2005.
Hratch G. Semerjian,
Acting Director.
[FR Doc. 05–544 Filed 1–11–05; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 092704B]
Taking of Marine Mammals Incidental
to Specified Activities; Construction of
the East Span of the San FranciscoOakland Bay Bridge
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
AGENCY:
SUMMARY: In accordance with provisions
of the Marine Mammal Protection Act
(MMPA) as amended, notification is
hereby given that an Incidental
Harassment Authorization (IHA) has
been issued to the California
Department of Transportation
(CALTRANS) to take small numbers of
California sea lions, Pacific harbor seals,
and gray whales, by harassment,
incidental to construction of a
replacement bridge for the East Span of
the San Francisco-Oakland Bay Bridge
(SF-OBB) in California.
DATES: This authorization is effective
from January 3, 2005, until January 3,
2006.
ADDRESSES: A copy of the application,
IHA, and/or a list of references used in
this document may be obtained by
writing to Steve Leathery, Chief,
Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service, 1315
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
East-West Highway, Silver Spring, MD
20910–3225.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hollingshead, NMFS, (301)
713–2289, ext 128, or Monica
DeAngelis, NMFS, (562) 980–3232.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce 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, notice of a proposed
authorization is provided to the public
for review.
Permission may be granted if NMFS
finds that the taking will have no more
than 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
subsistence uses and that the
permissible methods of taking and
requirements pertaining to the
monitoring and reporting of such taking
are set forth. NMFS has defined
‘‘negligible impact’’ in 50 CFR 216.103
as:
...an impact resulting from the specified
activity that cannot be reasonably expected
to, and is not reasonably likely to, adversely
affect the species or stock through effects on
annual rates of recruitment or survival.’’
Summary of Request
On September 1, 2004, NMFS
received a request from CALTRANS
requesting renewal of an IHA for the
possible harassment of small numbers of
California sea lions (Zalophus
californianus), Pacific harbor seals
(Phoca vitulina richardsii), and gray
whales (Eschrichtius robustus)
incidental to construction of a
replacement bridge for the East Span of
the SF-OBB, in San Francisco Bay (SFB
or the Bay), California. An IHA was
issued to CALTRANS for this activity on
November 9, 2003, and expired on
November 9, 2004. Background
information on the issuance of this IHA
was published in the Federal Register
on November 14, 2003 (68 FR 64595).
Minor modifications to the IHA were
made on June 28, 2004 in response to
a request by CALTRANS. These
modifications were limited to
clarifications of, and corrections on, the
terminology and conditions in the IHA.
A detailed description of the SF-OBB
project was provided in the November
14, 2003 (68 FR 64595), Federal
Register notice and is not repeated here.
Comments and Responses
A notice of receipt and request for 30day public comment on the application
and proposed authorization was
published on October 20, 2004 (69 FR
61652). During the 30-day public
comment period, no comments were
received on this action.
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an
application followed by a 30-day public
notice and comment period on any
proposed authorizations for the
incidental harassment of small numbers
of marine mammals. Within 45 days of
the close of the comment period, NMFS
must either issue or deny issuance of
the authorization.
Description of the Marine Mammals
Potentially Affected by the Activity
General information on the marine
mammal species found in California
waters can be found in Caretta et al.
(2004), which is available at the
following URL: https://
www.nmfs.noaa.gov/protlres/PR2/
StocklAssessmentlProgram/
sars.html. Refer to that document for
information on these species.
The marine mammals most likely to
be found in the SF-OBB area are the
California sea lion and Pacific harbor
seal. From December through May gray
whales may also be present in the SFOBB area. Information on these 3
species was provided in the November
14, 2003 (68 FR 64595), Federal
Register notice and is not repeated here.
Potential Effects on Marine Mammals
and Their Habitat
CALTRANS and NMFS have
determined that open-water pile
driving, as outlined in the project
description, has the potential to result
in behavioral harassment of California
sea lions, Pacific harbor seals, and gray
whales that may be swimming, foraging,
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment. Except
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
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or resting in the project vicinity while
pile driving is being conducted. Pile
driving could potentially harass those
few pinnipeds that are in the water
close to the project site, whether their
heads are above or below the surface.
Based on airborne noise levels
measured and on-site monitoring
conducted during 2004 under the
current IHA, noise levels from the East
Span project are not resulting in the
harassment of harbor seals hauled out
on Yerba Buena Island. Also, noise
levels from the East Span project are not
expected to result in harassment of the
sea lions hauled out at Pier 39 as
airborne and waterborne sound pressure
levels (SPLs) would attenuate to below
harassment levels by the time they reach
that haul-out site, 5.7 kilometers (3.5
miles) from the project site.
For reasons provided in greater detail
in NMFS’ November 14, 2003 (68 FR
64595) Federal Register notice and in
CALTRANS’ June 2004 annual
monitoring report, the East Span Project
is resulting in only small numbers of
pinnipeds being harassed (through June
2004, the biological observers indicated
that no pinnipeds had been harassed as
a result of East Span construction) and,
therefore, is not expected to result in
more than a negligible impact on marine
mammal stocks and will not have a
significant impact on their habitat.
Short-term impacts to habitat may
include minimal disturbance of the
sediment where the channels are
dredged for barge access and where
individual bridge piers are constructed.
Long-term impacts to marine mammal
habitat will be limited to the footprint
of the piles and the obstruction they
will create following installation.
However, this impact is not considered
significant as the marine mammals can
easily swim around the piles of the new
bridge, as they currently swim around
the existing bridge piers.
Mitigation
The following mitigation measures are
currently required under the IHA to
reduce impacts to marine mammals to
the lowest extent practicable. NMFS is
requiring these mitigation measures to
be carried out under the new IHA.
Barrier Systems
An air bubble curtain system is
required to be used only when driving
the permanent open-water piles. While
the bubble curtain is required
specifically as a method to reduce
impacts to endangered and threatened
fish species in SFB, it may also provide
some benefit for marine mammals. The
NMFS’ Biological Opinion and the
California Department of Fish and
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Game’s (CDFG) 2081 Incidental Take
Permit also allow for the use of other
equally effective methods, such as
cofferdams, as an alternative to the air
bubble curtain system to attenuate the
effects of sound pressure waves on fish
during driving of permanent in-Bay
piles (NMFS 2001; CDFG, 2001). Piers
E–16 through E–7 for both the
eastbound and westbound structures of
the Skyway will be surrounded by
sheet-pile cofferdams, which will be dewatered before the start of pile driving.
De-watered cofferdams are generally
effective sound attenuation devices. For
Piers E3 through E6 of the Skyway and
Piers 1 and E2 of the Self-Anchored
Suspension span, it is anticipated that
cofferdams will not be used: therefore,
a bubble curtain will surround the piles.
Sound Attenuation
As a result of the determinations
made during the Pile Installation
Demonstration Project (PIDP) restrike
and the investigation at the BeniciaMartinez Bridge, NMFS determined in
2003 that CALTRANS must install an
air bubble curtain for pile driving for the
open-water piles without cofferdams
located at the SF-OBB. This air bubble
curtain system consists of concentric
layers of perforated aeration pipes
stacked vertically and spaced no more
than five vertical meters apart in all tide
conditions. The minimum number of
layers must be in accordance with water
depth at the subject pile: 0-<5 m = 2
layers (1263 cfm); 5-<10 m = 4 layers
(2526 cfm), 10-<15 m = 7 layers (4420
cfm); 15-<20 m = 10 layers (6314 cfm);
20-<25 m= 13 layers (8208 cfm). The
lowest layer of perforated aeration pipes
must be designed to ensure contact at all
times and tidal conditions with the
mudline without sinking into the bay
mud. Pipes in any layer must be
arranged in a geometric pattern, which
will allow for the pile driving operation
to be completely enclosed by bubbles
for the full depth of the water column.
To provide a uniform bubble flux,
each aeration pipe must have four
adjacent rows of air holes along the
pipe. Air holes must be 1.6–mm
diameter and spaced approximately 20
mm apart. The bubble curtain system
will provide a bubble flux of at least two
cubic meters per minute, per linear
meter of pipeline in each layer. Air
holes must be placed in 4 adjacent rows.
The air bubble curtain system must be
composed of the following: (1) an air
compressor(s), (2) supply lines to
deliver the air, (3) distribution
manifolds or headers, (4) perforated
aeration pipes, and (5) a frame. The
frame facilitates transport and
placement of the system, keeps the
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aeration pipes stable, and provides
ballast to counteract the buoyancy of the
aeration pipes in operation. Meters are
required to monitor the operation of the
bubble curtain system. Pressure meters
will be installed and monitored at all
inlets to aeration pipelines and at points
of lowest pressure in each branch of the
aeration pipeline. If the pressure or flow
rate in any meter falls below 90 percent
of its operating value, the contractor
will cease pile driving operations until
the problem is corrected and the system
is tested to the satisfaction of the
CALTRANS resident engineer.
Establishment of Safety/Buffer Zones
A safety zone is to be established and
monitored to include all areas where the
underwater SPLs are anticipated to
equal or exceed 190 dB re 1 mPa RMS
(impulse) for pinnipeds. Also, a 180–dB
re 1 mPa RMS (impulse) safety zone for
gray whales must be established for pile
driving occurring during the gray whale
migration season from December
through May. Prior to commencement of
any pile driving, a preliminary 500–m
(1,640–ft) radius safety zone for
pinnipeds (California sea lions and
Pacific harbor seals) will be established
around the pile driving site, as it was for
the PIDP. Once pile driving begins,
either new safety zones can be
established for the 500 kJ and 1700 kJ
hammers or the 500 m (1,640 ft) safety
zone can be retained. If new safety
zones are established based on SPL
measurements, NMFS requires that each
new safety zone be based on the most
conservative measurement (i.e., the
largest safety zone configuration). SPLs
will be recorded at the 500–m (1,640–
ft) contour. The safety zone radius for
pinnipeds will then be enlarged or
reduced, depending on the actual
recorded SPLs.
Observers on boats will survey the
safety zone to ensure that no marine
mammals are seen within the zone
before pile driving of a pile segment
begins. If marine mammals are found
within the safety zone, pile driving of
the segment will be delayed until they
move out of the area. If a marine
mammal is seen above water and then
dives below, the contractor will wait at
least 15 minutes, and if no marine
mammals are seen by the observer in
that time it may be assumed that the
animal has moved beyond the safety
zone. This 15-minute criterion is based
on scientific evidence that harbor seals
in SFB dive for a mean time of 0.50
minutes to 3.33 minutes (Harvey and
Torok, 1994). However, due to the
limitations of monitoring from a boat,
there can be no assurance that the zone
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will be devoid of all marine mammals
at all times.
Once the pile driving of a segment
begins it cannot be stopped until that
segment has reached its predetermined
depth due to the nature of the sediments
underlying the Bay. If pile driving stops
and then resumes, it would potentially
have to occur for a longer time and at
increased energy levels. In sum, this
would simply amplify impacts to
marine mammals, as they would endure
potentially higher SPLs for longer
periods of time. Pile segment lengths
and wall thickness have been specially
designed so that when work is stopped
between segments (but not during a
single segment), the pile tip is never
resting in highly resistant sediment
layers. Therefore, because of this
operational situation, if seals or sea
lions enter the safety zone after pile
driving of a segment has begun, pile
driving will continue and marine
mammal observers will monitor and
record marine mammal numbers and
behavior. However, if pile driving of a
segment ceases for 30 minutes or more
and a marine mammal is sighted within
the designated safety zone prior to
commencement of pile driving, the
observer(s) must notify the Resident
Engineer (or other authorized
individual) immediately and follow the
mitigation requirements as outlined
previously in this document.
Soft Start
Although marine mammals will be
protected from Level A harassment by
establishment of an air-bubble curtain
and marine mammal observers
monitoring a 190–dB safety zone for
pinipeds and 180–dB safety zone for
gray whales, mitigation may not be 100
percent effective at all times in locating
marine mammals. Therefore, in order to
provide additional protection to marine
mammals near the project area by
allowing marine mammals to vacate the
area prior to receiving a potential injury,
CALTRANS will also ‘‘soft start’’ the
hammer prior to operating at full
capacity. CALTRANS typically
implements a ‘‘soft start’’ with several
initial hammer strikes at less than full
capacity (i.e., approximately 40–60
percent energy levels) with no less than
a 1- minute interval between each strike.
Similar levels of noise reduction are
expected underwater. Therefore, the
contractor will initiate hammering of
both the 500–kJ and the 1,700–kJ
hammers with this procedure in order to
allow pinnipeds in the area to
voluntarily move from the area which
should expose fewer animals to loud
sounds both underwater and above
water noise. This would also ensure that
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any pinnipeds that are missed during
safety zone monitoring will not be
injured.
Compliance with Equipment Noise
Standards
To mitigate noise levels and,
therefore, impacts to California sea
lions, Pacific harbor seals, and gray
whales, all construction equipment will
comply as much as possible with
applicable equipment noise standards of
the U.S. Environmental Protection
Agency, and all construction equipment
will have noise control devices no less
effective than those provided on the
original equipment.
Monitoring
Since the start of the large-diameter
pile driving in the Bay nearly two years
ago, CALTRANS has completed pile
driving of 105 piles inside cofferdams
and 39 piles in open water (with the use
of a bubble curtain) for a total of 144
piles. Monitoring teams were on-site for
all open water pile driving and during
driving of ‘‘tops’’ (last section of the
piles, which drives the pile deeper into
the substrate) inside cofferdams where
underwater SPLs reached 190 dB or
greater. During 76 days of monitoring,
both within and outside the marine
mammal safety zone, a single startle
behavior from a California sea lion was
observed.
The following monitoring measures
are required under the IHA to reduce
impacts to marine mammals to the
lowest extent practicable.
Visual Oservations
The area-wide baseline monitoring
and the aerial photo survey to estimate
the fraction of pinnipeds that might be
missed by visual monitoring have been
completed under the current IHA and
do not need to be continued.
Safety zone monitoring will be
conducted during driving of all openwater, permanent piles without
cofferdams and with cofferdams when
underwater SPLs reach 190 dB RMS or
greater. Monitoring of the pinniped and
cetacean safety zones will be conducted
by a minimum of three qualified NMFSapproved observers for each safety zone.
One three-observer team will be
required for the safety zones around
each pile driving site, so that multiple
teams will be required if pile driving is
occurring at multiple locations at the
same time. The observers will begin
monitoring at least 30 minutes prior to
startup of the pile driving. Observers
will most likely conduct the monitoring
from small boats, as observations from
a higher vantage point (such as the SFOBB) is not practical. Pile driving will
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not begin until the safety zone is clear
of marine mammals. However, as
described in the Mitigation section,
once pile driving of a segment begins,
operations will continue uninterrupted
until the segment has reached its
predetermined depth. However, if pile
driving of a segment ceases for 30
minutes or more and a marine mammal
is sighted within the designated safety
zone prior to commencement of pile
driving, the observer(s) must notify the
Resident Engineer (or other authorized
individual) immediately and follow the
mitigation requirements as outlined
previously (see Mitigation). Monitoring
will continue through the pile driving
period and will end approximately 30
minutes after pile driving has been
completed. When necessary, biological
observations will be made using
binoculars during daylight hours.
In addition to monitoring from boats,
during open-water pile driving,
monitoring at one control site (harbor
seal haul-out sites and the waters
surrounding such sites not impacted by
the East Span Project’s pile driving
activities, i.e., Mowry Slough) will be
designated and monitored for
comparison. Monitoring will be
conducted twice a week at the control
site whenever open-water pile driving is
being conducted. Data on all
observations will be recorded and will
include items such as species, numbers,
behavior, details of any observed
disturbances, time of observation,
location, and weather. The reactions of
marine mammals will be recorded based
on the following classifications that are
consistent with the Richmond Bridge
Harbor Seal survey methodology (for
information on the Richmond Bridge
authorization, see 68 FR 66076,
November 25, 2003): (1) No response,
(2) head alert (looks toward the source
of disturbance), (3) approach water (but
not leave), and (4) flush (leaves haul-out
site). The number of marine mammals
under each disturbance reaction will be
recorded, as well as the time when seals
re-haul after a flush.
Acoustical Observations
Airborne noise level measurements
have been completed and underwater
environmental noise levels will
continue to be measured as part of the
East Span Project. The purpose of the
underwater sound monitoring is to
establish the safety zone of 190 dB re 1
micro-Pa RMS (impulse) for pinnipeds
and the safety zone of 180 dB re 1
micro-Pa RMS (impulse) for gray
whales. Monitoring will be conducted
during the driving of the last half
(deepest pile segment) for any given
open-water pile. One pile in every other
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pair of pier groups will be monitored.
One reference location will be
established at a distance of 100 m (328
ft) from the pile driving. Sound
measurements will be taken at the
reference location at two depths (a
depth near the mid-water column and a
depth near the bottom of the water
column but at least 1 m (3 ft) above the
bottom) during the driving of the last
half (deepest pile segment) for any given
pile. Two additional in-water spot
measurements will be conducted at
appropriate depths (near mid water
column), generally 500 m (1,640 ft) in
two directions (either west, east, south
or north) of the pile driving site and at
the same two depths as the reference
location measurements. In cases where
such measurements cannot be obtained
due to obstruction by land mass,
structures or navigational hazards,
measurements will be conducted at
alternate spot measurement locations.
Measurements will be made at other
locations either nearer or farther as
necessary to establish the approximate
distance for the safety zones. Each
measuring system shall consist of a
hydrophone with an appropriate signal
conditioning connected to a sound level
meter and an instrument grade digital
audiotape recorder. Overall SPLs shall
be measured and reported in the field in
dB re 1 micro-Pa RMS (impulse). An
infrared range finder will be used to
determine distance from the monitoring
location to the pile. The recorded data
will be analyzed to determine the
amplitude, time history and frequency
content of the impulse.
Reporting
Under the previous IHA, CALTRANS
submitted weekly marine mammal
monitoring reports and in June, 2004,
CALTRANS submitted its Marine
Mammal and Acoustic Monitoring for
the Eastbound Structure. This annual
report is available by contacting NMFS
(see ADDRESSES) or on the Web at http:/
/biomitigation.org.
Under the 2005 IHA, coordination
with NMFS will occur on a weekly
basis, or more often as necessary. During
periods with open-water pile driving
activity, weekly monitoring reports will
be made available to NMFS and the
public at https://biomitigation.org. These
weekly reports will include a summary
of the previous week’s monitoring
activities and an estimate of the number
of seals and sea lions that may have
been disturbed as a result of pile driving
activities.
In addition, CALTRANS will provide
NMFS’ Southwest Regional
Administrator with a draft final report
within 90 days after completion of the
E:\FR\FM\12JAN1.SGM
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
westbound Skyway contract and 90
days after completion of the Suspension
Span foundations contract. This report
should detail the monitoring protocol,
summarize the data recorded during
monitoring, and estimate the number of
marine mammals that may have been
harassed due to pile driving. If
comments are received from the
Regional Administrator on the draft
final report, a final report must be
submitted to NMFS within 30 days
thereafter. If no comments are received
from NMFS, the draft final report will
be considered to be the final report.
National Environmental Policy Act
(NEPA)
In November, 2003, NMFS prepared
an Environmental Assessment (EA) and,
on November 4, 2003 made a Finding of
No Significant Impact (FONSI).
Therefore, preparation of an
environmental impact statement on this
action is not required. A copy of the EA
and FONSI are available upon request
(see ADDRESSES).
Endangered Species Act (ESA)
On October 30, 2001, NMFS
completed consultation under section 7
of the ESA with the Federal Highway
Administration (FHWA) on the
CALTRANS’ construction of a
replacement bridge for the East Span of
the SF-OBB in California. The finding
contained in the Biological Opinion was
that the CALTRANS action at the East
Span of the SF-OBB is not likely to
jeopardize the continued existence of
listed anadromous salmonids, or result
in the destruction or adverse
modification of designated critical
habitat for these species. Listed marine
mammals are not expected to be in the
area of the action and thus would not be
affected. The issuance of this IHA to
CALTRANS constitutes an agency
action that authorizes an activity that
may affect ESA-listed species and,
therefore, is subject to section 7 of the
ESA. However, as the effects of the
underlying activities on listed
salmonids were analyzed during a
formal consultation between the FHWA
and NMFS, and as the underlying action
has not changed from that considered in
the consultation, the discussion of
effects that are contained in the
Biological Opinion issued to the FHWA
on October 30, 2001, pertains also to
this action. In conclusion, NMFS has
determined that issuance of an IHA for
this activity does not lead to any effects
to listed species apart from those that
were considered in the consultation on
FHWA’s action.
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
2127
Determinations
DEPARTMENT OF COMMERCE
For the reasons discussed in this
document and in previously identified
supporting documents, NMFS has
determined that the impact of pile
driving and other activities associated
with construction of the East Span
Project should result, at worst, in the
Level B harassment of small numbers of
California sea lions, Pacific harbor seals
and potentially gray whales that inhabit
or visit SFB in general and the vicinity
of the SF-OBB in particular. While
behavioral modifications, including
temporarily vacating the area around the
construction site, may be made by these
species to avoid the resultant visual and
acoustic disturbance, the availability of
alternate areas within SFB and haul-out
sites (including pupping sites) and
feeding areas within the Bay has led
NMFS to preliminarily determine that
this action will have a negligible impact
on California sea lion, Pacific harbor
seal, and gray whale populations along
the California coast.
In addition, no take by Level A
harassment (injury) or death is
anticipated and harassment takes
should be at the lowest level practicable
due to incorporation of the mitigation
measures mentioned previously in this
document.
National Telecommunications and
Information Administration
Authorization
For the reasons previously discussed,
NMFS has issued an IHA for a 1-year
period, for the potential incidental
harassment of small numbers of harbor
seals, California sea lions and California
gray whales incidental to construction
of a replacement bridge for the East
Span of the San Franciso-Oakland Bay
Bridge in California, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. NMFS has determined
that the construction activity would
result in the harassment of only small
numbers of harbor seals, California sea
lions and possibly California gray
whales and will have no more than a
negligible impact on these marine
mammal stocks.
Dated: January 3, 2005.
Donna Wieting,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–624 Filed 1–11–05; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Proposed Information Collection;
Comment Request; Performance
Reporting System (PRS) for the
Technology Opportunities Program
(TOP)
ACTION:
Notice.
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995, Pub.
L. 104–13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before March 14, 2005.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
1401 Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Clifton Beck, NTIA, Room
H–4888, U.S. Department of Commerce,
1401 Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet cbeck@ntia.doc.gov).
SUPPLEMENTARY INFORMATION:
I. Abstract
The purpose of the Technology
Opportunities Program (TOP), is to
promote the use of advanced
telecommunications and information
technologies in the non-profit and
public sectors. These projects encourage
the deployment of broadband
infrastructure, services, and
applications throughout the Nation.
TOP projects demonstrate how digital
networks support lifelong learning for
all Americans, help public safety
officials protect the public, assist in the
delivery of health care and public health
services, and foster communication,
resource-sharing, and economic
development.
Since 1994, the National
Telecommunications and Information
Administration (NTIA), in
administering TOP, has awarded 610
grants, in all 50 states, the District of
Columbia, Puerto Rico and the U.S.
Virgin Islands totaling $233.5 million
and leveraging $313.7 million in local
E:\FR\FM\12JAN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2123-2127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-624]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 092704B]
Taking of Marine Mammals Incidental to Specified Activities;
Construction of the East Span of the San Francisco-Oakland Bay Bridge
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) has been issued to the California
Department of Transportation (CALTRANS) to take small numbers of
California sea lions, Pacific harbor seals, and gray whales, by
harassment, incidental to construction of a replacement bridge for the
East Span of the San Francisco-Oakland Bay Bridge (SF-OBB) in
California.
DATES: This authorization is effective from January 3, 2005, until
January 3, 2006.
ADDRESSES: A copy of the application, IHA, and/or a list of references
used in this document may be obtained by writing to Steve Leathery,
Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315
[[Page 2124]]
East-West Highway, Silver Spring, MD 20910-3225.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, (301) 713-
2289, ext 128, or Monica DeAngelis, NMFS, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce 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, notice of a proposed authorization is
provided to the public for review.
Permission may be granted if NMFS finds that the taking will have
no more than 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 subsistence uses and that the permissible
methods of taking and requirements pertaining to the monitoring and
reporting of such taking are set forth. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as:
...an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual
rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except with respect to certain activities not pertinent here, the MMPA
defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
small numbers of marine mammals. Within 45 days of the close of the
comment period, NMFS must either issue or deny issuance of the
authorization.
Summary of Request
On September 1, 2004, NMFS received a request from CALTRANS
requesting renewal of an IHA for the possible harassment of small
numbers of California sea lions (Zalophus californianus), Pacific
harbor seals (Phoca vitulina richardsii), and gray whales (Eschrichtius
robustus) incidental to construction of a replacement bridge for the
East Span of the SF-OBB, in San Francisco Bay (SFB or the Bay),
California. An IHA was issued to CALTRANS for this activity on November
9, 2003, and expired on November 9, 2004. Background information on the
issuance of this IHA was published in the Federal Register on November
14, 2003 (68 FR 64595). Minor modifications to the IHA were made on
June 28, 2004 in response to a request by CALTRANS. These modifications
were limited to clarifications of, and corrections on, the terminology
and conditions in the IHA.
A detailed description of the SF-OBB project was provided in the
November 14, 2003 (68 FR 64595), Federal Register notice and is not
repeated here.
Comments and Responses
A notice of receipt and request for 30-day public comment on the
application and proposed authorization was published on October 20,
2004 (69 FR 61652). During the 30-day public comment period, no
comments were received on this action.
Description of the Marine Mammals Potentially Affected by the Activity
General information on the marine mammal species found in
California waters can be found in Caretta et al. (2004), which is
available at the following URL: https://www.nmfs.noaa.gov/prot_res/PR2/
Stock_Assessment_Program/sars.html. Refer to that document for
information on these species.
The marine mammals most likely to be found in the SF-OBB area are
the California sea lion and Pacific harbor seal. From December through
May gray whales may also be present in the SF-OBB area. Information on
these 3 species was provided in the November 14, 2003 (68 FR 64595),
Federal Register notice and is not repeated here.
Potential Effects on Marine Mammals and Their Habitat
CALTRANS and NMFS have determined that open-water pile driving, as
outlined in the project description, has the potential to result in
behavioral harassment of California sea lions, Pacific harbor seals,
and gray whales that may be swimming, foraging, or resting in the
project vicinity while pile driving is being conducted. Pile driving
could potentially harass those few pinnipeds that are in the water
close to the project site, whether their heads are above or below the
surface.
Based on airborne noise levels measured and on-site monitoring
conducted during 2004 under the current IHA, noise levels from the East
Span project are not resulting in the harassment of harbor seals hauled
out on Yerba Buena Island. Also, noise levels from the East Span
project are not expected to result in harassment of the sea lions
hauled out at Pier 39 as airborne and waterborne sound pressure levels
(SPLs) would attenuate to below harassment levels by the time they
reach that haul-out site, 5.7 kilometers (3.5 miles) from the project
site.
For reasons provided in greater detail in NMFS' November 14, 2003
(68 FR 64595) Federal Register notice and in CALTRANS' June 2004 annual
monitoring report, the East Span Project is resulting in only small
numbers of pinnipeds being harassed (through June 2004, the biological
observers indicated that no pinnipeds had been harassed as a result of
East Span construction) and, therefore, is not expected to result in
more than a negligible impact on marine mammal stocks and will not have
a significant impact on their habitat. Short-term impacts to habitat
may include minimal disturbance of the sediment where the channels are
dredged for barge access and where individual bridge piers are
constructed. Long-term impacts to marine mammal habitat will be limited
to the footprint of the piles and the obstruction they will create
following installation. However, this impact is not considered
significant as the marine mammals can easily swim around the piles of
the new bridge, as they currently swim around the existing bridge
piers.
Mitigation
The following mitigation measures are currently required under the
IHA to reduce impacts to marine mammals to the lowest extent
practicable. NMFS is requiring these mitigation measures to be carried
out under the new IHA.
Barrier Systems
An air bubble curtain system is required to be used only when
driving the permanent open-water piles. While the bubble curtain is
required specifically as a method to reduce impacts to endangered and
threatened fish species in SFB, it may also provide some benefit for
marine mammals. The NMFS' Biological Opinion and the California
Department of Fish and
[[Page 2125]]
Game's (CDFG) 2081 Incidental Take Permit also allow for the use of
other equally effective methods, such as cofferdams, as an alternative
to the air bubble curtain system to attenuate the effects of sound
pressure waves on fish during driving of permanent in-Bay piles (NMFS
2001; CDFG, 2001). Piers E-16 through E-7 for both the eastbound and
westbound structures of the Skyway will be surrounded by sheet-pile
cofferdams, which will be de-watered before the start of pile driving.
De-watered cofferdams are generally effective sound attenuation
devices. For Piers E3 through E6 of the Skyway and Piers 1 and E2 of
the Self-Anchored Suspension span, it is anticipated that cofferdams
will not be used: therefore, a bubble curtain will surround the piles.
Sound Attenuation
As a result of the determinations made during the Pile Installation
Demonstration Project (PIDP) restrike and the investigation at the
Benicia-Martinez Bridge, NMFS determined in 2003 that CALTRANS must
install an air bubble curtain for pile driving for the open-water piles
without cofferdams located at the SF-OBB. This air bubble curtain
system consists of concentric layers of perforated aeration pipes
stacked vertically and spaced no more than five vertical meters apart
in all tide conditions. The minimum number of layers must be in
accordance with water depth at the subject pile: 0-<5 m = 2 layers
(1263 cfm); 5-<10 m = 4 layers (2526 cfm), 10-<15 m = 7 layers (4420
cfm); 15-<20 m = 10 layers (6314 cfm); 20-<25 m= 13 layers (8208 cfm).
The lowest layer of perforated aeration pipes must be designed to
ensure contact at all times and tidal conditions with the mudline
without sinking into the bay mud. Pipes in any layer must be arranged
in a geometric pattern, which will allow for the pile driving operation
to be completely enclosed by bubbles for the full depth of the water
column.
To provide a uniform bubble flux, each aeration pipe must have four
adjacent rows of air holes along the pipe. Air holes must be 1.6-mm
diameter and spaced approximately 20 mm apart. The bubble curtain
system will provide a bubble flux of at least two cubic meters per
minute, per linear meter of pipeline in each layer. Air holes must be
placed in 4 adjacent rows.
The air bubble curtain system must be composed of the following:
(1) an air compressor(s), (2) supply lines to deliver the air, (3)
distribution manifolds or headers, (4) perforated aeration pipes, and
(5) a frame. The frame facilitates transport and placement of the
system, keeps the aeration pipes stable, and provides ballast to
counteract the buoyancy of the aeration pipes in operation. Meters are
required to monitor the operation of the bubble curtain system.
Pressure meters will be installed and monitored at all inlets to
aeration pipelines and at points of lowest pressure in each branch of
the aeration pipeline. If the pressure or flow rate in any meter falls
below 90 percent of its operating value, the contractor will cease pile
driving operations until the problem is corrected and the system is
tested to the satisfaction of the CALTRANS resident engineer.
Establishment of Safety/Buffer Zones
A safety zone is to be established and monitored to include all
areas where the underwater SPLs are anticipated to equal or exceed 190
dB re 1 mPa RMS (impulse) for pinnipeds. Also, a 180-dB re 1 mPa RMS
(impulse) safety zone for gray whales must be established for pile
driving occurring during the gray whale migration season from December
through May. Prior to commencement of any pile driving, a preliminary
500-m (1,640-ft) radius safety zone for pinnipeds (California sea lions
and Pacific harbor seals) will be established around the pile driving
site, as it was for the PIDP. Once pile driving begins, either new
safety zones can be established for the 500 kJ and 1700 kJ hammers or
the 500 m (1,640 ft) safety zone can be retained. If new safety zones
are established based on SPL measurements, NMFS requires that each new
safety zone be based on the most conservative measurement (i.e., the
largest safety zone configuration). SPLs will be recorded at the 500-m
(1,640-ft) contour. The safety zone radius for pinnipeds will then be
enlarged or reduced, depending on the actual recorded SPLs.
Observers on boats will survey the safety zone to ensure that no
marine mammals are seen within the zone before pile driving of a pile
segment begins. If marine mammals are found within the safety zone,
pile driving of the segment will be delayed until they move out of the
area. If a marine mammal is seen above water and then dives below, the
contractor will wait at least 15 minutes, and if no marine mammals are
seen by the observer in that time it may be assumed that the animal has
moved beyond the safety zone. This 15-minute criterion is based on
scientific evidence that harbor seals in SFB dive for a mean time of
0.50 minutes to 3.33 minutes (Harvey and Torok, 1994). However, due to
the limitations of monitoring from a boat, there can be no assurance
that the zone will be devoid of all marine mammals at all times.
Once the pile driving of a segment begins it cannot be stopped
until that segment has reached its predetermined depth due to the
nature of the sediments underlying the Bay. If pile driving stops and
then resumes, it would potentially have to occur for a longer time and
at increased energy levels. In sum, this would simply amplify impacts
to marine mammals, as they would endure potentially higher SPLs for
longer periods of time. Pile segment lengths and wall thickness have
been specially designed so that when work is stopped between segments
(but not during a single segment), the pile tip is never resting in
highly resistant sediment layers. Therefore, because of this
operational situation, if seals or sea lions enter the safety zone
after pile driving of a segment has begun, pile driving will continue
and marine mammal observers will monitor and record marine mammal
numbers and behavior. However, if pile driving of a segment ceases for
30 minutes or more and a marine mammal is sighted within the designated
safety zone prior to commencement of pile driving, the observer(s) must
notify the Resident Engineer (or other authorized individual)
immediately and follow the mitigation requirements as outlined
previously in this document.
Soft Start
Although marine mammals will be protected from Level A harassment
by establishment of an air-bubble curtain and marine mammal observers
monitoring a 190-dB safety zone for pinipeds and 180-dB safety zone for
gray whales, mitigation may not be 100 percent effective at all times
in locating marine mammals. Therefore, in order to provide additional
protection to marine mammals near the project area by allowing marine
mammals to vacate the area prior to receiving a potential injury,
CALTRANS will also ``soft start'' the hammer prior to operating at full
capacity. CALTRANS typically implements a ``soft start'' with several
initial hammer strikes at less than full capacity (i.e., approximately
40-60 percent energy levels) with no less than a 1- minute interval
between each strike. Similar levels of noise reduction are expected
underwater. Therefore, the contractor will initiate hammering of both
the 500-kJ and the 1,700-kJ hammers with this procedure in order to
allow pinnipeds in the area to voluntarily move from the area which
should expose fewer animals to loud sounds both underwater and above
water noise. This would also ensure that
[[Page 2126]]
any pinnipeds that are missed during safety zone monitoring will not be
injured.
Compliance with Equipment Noise Standards
To mitigate noise levels and, therefore, impacts to California sea
lions, Pacific harbor seals, and gray whales, all construction
equipment will comply as much as possible with applicable equipment
noise standards of the U.S. Environmental Protection Agency, and all
construction equipment will have noise control devices no less
effective than those provided on the original equipment.
Monitoring
Since the start of the large-diameter pile driving in the Bay
nearly two years ago, CALTRANS has completed pile driving of 105 piles
inside cofferdams and 39 piles in open water (with the use of a bubble
curtain) for a total of 144 piles. Monitoring teams were on-site for
all open water pile driving and during driving of ``tops'' (last
section of the piles, which drives the pile deeper into the substrate)
inside cofferdams where underwater SPLs reached 190 dB or greater.
During 76 days of monitoring, both within and outside the marine mammal
safety zone, a single startle behavior from a California sea lion was
observed.
The following monitoring measures are required under the IHA to
reduce impacts to marine mammals to the lowest extent practicable.
Visual Oservations
The area-wide baseline monitoring and the aerial photo survey to
estimate the fraction of pinnipeds that might be missed by visual
monitoring have been completed under the current IHA and do not need to
be continued.
Safety zone monitoring will be conducted during driving of all
open-water, permanent piles without cofferdams and with cofferdams when
underwater SPLs reach 190 dB RMS or greater. Monitoring of the pinniped
and cetacean safety zones will be conducted by a minimum of three
qualified NMFS-approved observers for each safety zone. One three-
observer team will be required for the safety zones around each pile
driving site, so that multiple teams will be required if pile driving
is occurring at multiple locations at the same time. The observers will
begin monitoring at least 30 minutes prior to startup of the pile
driving. Observers will most likely conduct the monitoring from small
boats, as observations from a higher vantage point (such as the SF-OBB)
is not practical. Pile driving will not begin until the safety zone is
clear of marine mammals. However, as described in the Mitigation
section, once pile driving of a segment begins, operations will
continue uninterrupted until the segment has reached its predetermined
depth. However, if pile driving of a segment ceases for 30 minutes or
more and a marine mammal is sighted within the designated safety zone
prior to commencement of pile driving, the observer(s) must notify the
Resident Engineer (or other authorized individual) immediately and
follow the mitigation requirements as outlined previously (see
Mitigation). Monitoring will continue through the pile driving period
and will end approximately 30 minutes after pile driving has been
completed. When necessary, biological observations will be made using
binoculars during daylight hours.
In addition to monitoring from boats, during open-water pile
driving, monitoring at one control site (harbor seal haul-out sites and
the waters surrounding such sites not impacted by the East Span
Project's pile driving activities, i.e., Mowry Slough) will be
designated and monitored for comparison. Monitoring will be conducted
twice a week at the control site whenever open-water pile driving is
being conducted. Data on all observations will be recorded and will
include items such as species, numbers, behavior, details of any
observed disturbances, time of observation, location, and weather. The
reactions of marine mammals will be recorded based on the following
classifications that are consistent with the Richmond Bridge Harbor
Seal survey methodology (for information on the Richmond Bridge
authorization, see 68 FR 66076, November 25, 2003): (1) No response,
(2) head alert (looks toward the source of disturbance), (3) approach
water (but not leave), and (4) flush (leaves haul-out site). The number
of marine mammals under each disturbance reaction will be recorded, as
well as the time when seals re-haul after a flush.
Acoustical Observations
Airborne noise level measurements have been completed and
underwater environmental noise levels will continue to be measured as
part of the East Span Project. The purpose of the underwater sound
monitoring is to establish the safety zone of 190 dB re 1 micro-Pa RMS
(impulse) for pinnipeds and the safety zone of 180 dB re 1 micro-Pa RMS
(impulse) for gray whales. Monitoring will be conducted during the
driving of the last half (deepest pile segment) for any given open-
water pile. One pile in every other pair of pier groups will be
monitored. One reference location will be established at a distance of
100 m (328 ft) from the pile driving. Sound measurements will be taken
at the reference location at two depths (a depth near the mid-water
column and a depth near the bottom of the water column but at least 1 m
(3 ft) above the bottom) during the driving of the last half (deepest
pile segment) for any given pile. Two additional in-water spot
measurements will be conducted at appropriate depths (near mid water
column), generally 500 m (1,640 ft) in two directions (either west,
east, south or north) of the pile driving site and at the same two
depths as the reference location measurements. In cases where such
measurements cannot be obtained due to obstruction by land mass,
structures or navigational hazards, measurements will be conducted at
alternate spot measurement locations. Measurements will be made at
other locations either nearer or farther as necessary to establish the
approximate distance for the safety zones. Each measuring system shall
consist of a hydrophone with an appropriate signal conditioning
connected to a sound level meter and an instrument grade digital
audiotape recorder. Overall SPLs shall be measured and reported in the
field in dB re 1 micro-Pa RMS (impulse). An infrared range finder will
be used to determine distance from the monitoring location to the pile.
The recorded data will be analyzed to determine the amplitude, time
history and frequency content of the impulse.
Reporting
Under the previous IHA, CALTRANS submitted weekly marine mammal
monitoring reports and in June, 2004, CALTRANS submitted its Marine
Mammal and Acoustic Monitoring for the Eastbound Structure. This annual
report is available by contacting NMFS (see ADDRESSES) or on the Web at
https://biomitigation.org.
Under the 2005 IHA, coordination with NMFS will occur on a weekly
basis, or more often as necessary. During periods with open-water pile
driving activity, weekly monitoring reports will be made available to
NMFS and the public at https://biomitigation.org. These weekly reports
will include a summary of the previous week's monitoring activities and
an estimate of the number of seals and sea lions that may have been
disturbed as a result of pile driving activities.
In addition, CALTRANS will provide NMFS' Southwest Regional
Administrator with a draft final report within 90 days after completion
of the
[[Page 2127]]
westbound Skyway contract and 90 days after completion of the
Suspension Span foundations contract. This report should detail the
monitoring protocol, summarize the data recorded during monitoring, and
estimate the number of marine mammals that may have been harassed due
to pile driving. If comments are received from the Regional
Administrator on the draft final report, a final report must be
submitted to NMFS within 30 days thereafter. If no comments are
received from NMFS, the draft final report will be considered to be the
final report.
National Environmental Policy Act (NEPA)
In November, 2003, NMFS prepared an Environmental Assessment (EA)
and, on November 4, 2003 made a Finding of No Significant Impact
(FONSI). Therefore, preparation of an environmental impact statement on
this action is not required. A copy of the EA and FONSI are available
upon request (see ADDRESSES).
Endangered Species Act (ESA)
On October 30, 2001, NMFS completed consultation under section 7 of
the ESA with the Federal Highway Administration (FHWA) on the CALTRANS'
construction of a replacement bridge for the East Span of the SF-OBB in
California. The finding contained in the Biological Opinion was that
the CALTRANS action at the East Span of the SF-OBB is not likely to
jeopardize the continued existence of listed anadromous salmonids, or
result in the destruction or adverse modification of designated
critical habitat for these species. Listed marine mammals are not
expected to be in the area of the action and thus would not be
affected. The issuance of this IHA to CALTRANS constitutes an agency
action that authorizes an activity that may affect ESA-listed species
and, therefore, is subject to section 7 of the ESA. However, as the
effects of the underlying activities on listed salmonids were analyzed
during a formal consultation between the FHWA and NMFS, and as the
underlying action has not changed from that considered in the
consultation, the discussion of effects that are contained in the
Biological Opinion issued to the FHWA on October 30, 2001, pertains
also to this action. In conclusion, NMFS has determined that issuance
of an IHA for this activity does not lead to any effects to listed
species apart from those that were considered in the consultation on
FHWA's action.
Determinations
For the reasons discussed in this document and in previously
identified supporting documents, NMFS has determined that the impact of
pile driving and other activities associated with construction of the
East Span Project should result, at worst, in the Level B harassment of
small numbers of California sea lions, Pacific harbor seals and
potentially gray whales that inhabit or visit SFB in general and the
vicinity of the SF-OBB in particular. While behavioral modifications,
including temporarily vacating the area around the construction site,
may be made by these species to avoid the resultant visual and acoustic
disturbance, the availability of alternate areas within SFB and haul-
out sites (including pupping sites) and feeding areas within the Bay
has led NMFS to preliminarily determine that this action will have a
negligible impact on California sea lion, Pacific harbor seal, and gray
whale populations along the California coast.
In addition, no take by Level A harassment (injury) or death is
anticipated and harassment takes should be at the lowest level
practicable due to incorporation of the mitigation measures mentioned
previously in this document.
Authorization
For the reasons previously discussed, NMFS has issued an IHA for a
1-year period, for the potential incidental harassment of small numbers
of harbor seals, California sea lions and California gray whales
incidental to construction of a replacement bridge for the East Span of
the San Franciso-Oakland Bay Bridge in California, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. NMFS has determined that the construction activity
would result in the harassment of only small numbers of harbor seals,
California sea lions and possibly California gray whales and will have
no more than a negligible impact on these marine mammal stocks.
Dated: January 3, 2005.
Donna Wieting,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-624 Filed 1-11-05; 8:45 am]
BILLING CODE 3510-22-S
