Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, 39386-39388 [2011-16893]
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Notices
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[FR Doc. 2011–16812 Filed 7–5–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RIN 0648–XA473]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage
Marine Terminal Redevelopment
Project
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended and implementing
regulations, notification is hereby given
that the National Marine Fisheries
Service (NMFS) has issued a Letter of
Authorization (LOA) to the Port of
Anchorage (POA) and the U.S.
Department of Transportation Maritime
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SUMMARY:
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18:17 Jul 05, 2011
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Administration (MARAD), to take four
species of marine mammals incidental
to the POA’s Marine Terminal
Redevelopment Project (MTRP).
DATES: Effective July 15, 2011, through
July 14, 2012.
ADDRESSES: The LOA and supporting
documentation are available for review
by writing to P. Michael Payne, Chief,
Permits, Conservation, and Education
Division, Office of Protected Resources,
National Marine Fisheries Service
(NMFS), 1315 East-West Highway,
Silver Spring, MD 20910–3225 or by
telephoning one of the contacts listed
below. Documents cited in this notice
may be viewed, by appointment, during
regular business hours, at the
aforementioned address and at the
Alaska Regional Office, 222 West 7th
Avenue, Anchorage, AK 99513.
FOR FURTHER INFORMATION CONTACT:
Brian D. Hopper, Office of Protected
Resources, NMFS, (301) 713–2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the National
Marine Fisheries Service (NMFS) to
allow, upon request, the incidental, but
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Fmt 4703
Sfmt 4703
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 regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture,
or kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Authorization may be granted for
periods up to 5 years if NMFS finds,
after notification and opportunity for
public comment, that the taking will
have a negligible impact on the species
or stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses. In
addition, NMFS must prescribe
regulations that include permissible
methods of taking and other means of
effecting the least practicable adverse
impact on the species and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
the species for subsistence uses. The
regulations must include requirements
for monitoring and reporting of such
taking.
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Notices
Regulations governing the taking of
Cook Inlet beluga whales
(Delphinapterus leucas), harbor
porpoises (Phocoena phocoena), killer
whales (Orcinus orca), and harbor seals
(Phoca vitulina), by Level B harassment,
incidental to in-water pile driving were
issued on July 15, 2009 (74 FR 35136),
and remain in effect until July 14, 2014.
These regulations may be found in 50
CFR Part 217 subpart U. For detailed
information on this action, please refer
to that document. These regulations
include mitigation, monitoring, and
reporting requirements for the
incidental take of marine mammals
during the specified activity.
Summary of Request
On May 6, 2011, NMFS received a
request for an LOA renewal pursuant to
the aforementioned regulations that
would authorize, for a period not to
exceed 1 year, take of marine mammals,
by Level B harassment only, incidental
to the POA MTRP. In compliance with
the 2010 LOA, POA and MARAD
submitted an annual report on POA
construction activities, covering the
period of July 15 through December 31,
2010. The report also covers the period
of January 1 through July 15, 2010,
pursuant to the U.S. Army Corps of
Engineers’ reporting requirement under
their permit issued under Section 10 of
the Rivers and Harbors Act and Section
404 of the Clean Water Act. The report
can be found on the NMFS Web site at
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
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Summary of Activity and Monitoring
Under the 2010 LOA
During the reporting period covered
by the 2010 LOA, in-water construction
activities were conducted in the North
Extension Bulkhead. In-water
construction and construction
monitoring for the 2009 season ended
on November 20, 2010, when ice
formation and poor visibility impeded
further activity. These activities were
within the scope of those analyzed in
the final rule and included in the 2010
LOA.
On-site POA Monitoring
As required by the 2010 LOA, the
POA and MARAD established safety
and harassment zones at the project site,
which were monitored for the presence
of marine mammals before, during, and
after in-water pile driving. If the
applicable safety and harassment zones
were not visible because of fog, poor
light, darkness, sea state, or any other
reason, in-water construction activities
were shut down until the area was once
again visible. From July 21 to November
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18:17 Jul 05, 2011
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20, 2010, 41 in-water pile driving
shutdowns were documented due to
marine mammal sightings. The peak
month for shutdowns and delays during
the 2010 construction season was
September, when 20 shutdowns and 10
delays were recorded. Most of these
occurred when marine mammals were
sighted approaching or surfacing just
inside the harassment zone.
According to the POA’s annual report,
within the LOA reporting period (July
21–November 20, 2010), MMOs
stationed at the POA recorded 118
marine mammal sighting events in the
general area totaling 746 animals. The
number of animals is typically greater
than the number of sighting events
because a single sighting event can (and
often does) consist of multiple animals
and animals such as beluga whales often
travel in groups. There were 731 beluga
whales (422 white, 224 gray, and 85
dark gray); 13 harbor seals; and 2 harbor
porpoises. The number of reported
whales sighted between July 21 and
November 20, 2010 includes repeated
sightings of individuals during the
course of the monitoring period.
The highest number of sightings (44)
and number of marine mammals sighted
(265) occurred in September (261 of this
number were beluga whales: 172 white;
59 gray; and 30 dark gray). The fewest
number of sightings for a 30-day period
were recorded in August, when 146
marine mammals were sighted. In
general, beluga whales showed no
observable reaction to pile driving. The
only observable reaction which has been
documented is beluga whale groups
splitting momentarily on three
occasions as they maneuver around
barges or vessels. In-water pile driving
has yet to begin this year, to date;
therefore, no MMOs have been required
at the POA in 2011.
Independent Scientific Monitoring
POA regulations (50 CFR part 217
subpart U) stipulate that the POA and
MARAD employ a scientific marine
mammal monitoring team separate from
the on-site MMOs to characterize beluga
whale frequency, abundance, group
composition, movements, behavior, and
habitat use around the POA and
observe, analyze, and document
potential changes in behavior in
response to in-water construction work.
The POA and MARAD complied with
this requirement by assembling a
monitoring team from the Alaska Pacific
University (APU) to implement a
NMFS-approved scientific monitoring
plan. The scientific marine mammal
monitoring 2010 annual report was
attached as an appendix to the annual
report submitted by POA and MARAD.
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Sfmt 4703
39387
This report covers the period of June
through November, 2010 (ICRC, 2011).
A summary of that report follows.
The APU observers conducted
scientific monitoring from the Cairn
Point Station on Elmendorf Air Force
Base, which directly overlooks the POA.
For 87 days, from June 29 through
November 19, 2010, trained graduate
and undergraduate marine biology
students conducted approximately 600
hours of scientific monitoring and
documented approximately 115 beluga
whales, comprising 42 groups traveling
through the study area. Spatial
distribution analysis indicates that
approximately 21 percent of all groups
sighted occurred within (n = 42) or
adjacent to (n = 5) the MRTP footprint.
There were significant differences in the
number of whales observed across tidal
stages (F8,45 = 2.94, p = .02). There were
significant peaks in sightings during low
(p = .01) and high (p = .03) flood tides
and during high ebb tides (p = .03).
Mean beluga whale group size was 2.7
plus or minus .35 individuals. Only
three groups contained individuals
identified as calves, and groups with
calves were larger on average (4.3 plus
or minus 1.2 individuals) than those
without. All three groups containing
calves were sighted within or adjacent
to the MTRP footprint. The number of
beluga whales sighted, group size, and
size of groups with calves in 2010
decreased from those sighted in 2009;
however, this difference was not
considered significant. The APU team
will continue to monitor and report on
beluga whale abundance and the
various parameters discussed here
within lower Knik Arm for the duration
of POA construction.
In summary, the scientific monitoring
team found that beluga whale habitat
use, distribution and movements, and
behavior during 2010 were consistent
with previous years (2007–2009) with
whales primarily traveling through the
study area on the incoming and
outgoing tides to and from likely
foraging areas further up Knik Arm.
Similar to accounts from the MMOs
stationed at the POA, no observed
behavioral changes (e.g., abrupt
behavioral changes, rapid descents) or
other indicators of response to in-water
pile driving or other MTRP in-water
construction activities were noted by
the APU observers.
Take Summary for 2010 Construction
Season
During the 2010 LOA reporting
period, the following numbers of marine
mammals were identified as taken from
in-water pile driving: 13 beluga whales;
1 harbor seal; 0 harbor porpoises; and 0
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Notices
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killer whales. Of the 13 beluga whale
takes recorded, 9 were in October and
4 were in November. The recorded takes
occurred when marine mammals
entered the Level B harassment zone
(1,300 m from the point where vibratory
pile driving takes place) during in-water
(vibratory) pile driving. The number of
animals, by species, taken under the
2010 LOA was within the amount
authorized.
As discussed in more detail below,
the POA has implemented a robust
monitoring and mitigation program to
minimize harassment and avoid
exposing animals to injurious levels of
sound produced by pile driving. The
POA has also developed a successful
communication system between MMOs
and engineers to shut down pile driving
before whales enter into designated
harassment zones, avoiding Level A take
and minimizing Level B take.
Planned Activities, Mitigation and
Monitoring for 2011
During the 2011 construction season,
the POA will be conducting two projects
at the North End of the project site. The
construction work includes: (1) Partial
tail wall sheet pile removal at the Wet
Barge Berth; and (2) limited inspection
of tail walls at the North Extension. The
work involves excavation of fill behind
exiting sheet pile prior to removal or
inspection. The excavation, tail wall
removal, and inspection will be
conducted out-of-water, inland of the
bulkhead. Mobilization, rigging, and
excavation began the week of May 9,
2011. At certain locations, bargemounted heavy equipment will be
required to excavate fill material. When
the barge is in use, construction marine
mammal monitoring will be conducted
in accordance with existing permit
requirements (see mitigation measure 8,
below). It is anticipate that the barge
work will commence in July.
As stated in the regulations and LOA,
take of marine mammals will be
minimized through implementation of
the following mitigation measures: (1) If
a marine mammal is detected within or
approaching the Level A or impact and
vibratory pile driving Level B
harassment isopleths (200 m, 350 m and
1,300 m, respectively) prior to in-water
pile driving, operations shall be
immediately delayed or suspended until
the marine mammal moves outside
these designated zones or the animal is
not detected within 15 minutes of the
last sighting; (2) if a marine mammal is
detected within or approaching 200 m
prior to chipping, this activity shall be
immediately delayed or suspended until
the marine mammal moves outside
these designated zones or the animal is
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18:17 Jul 05, 2011
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not detected within 15 minutes of the
last sighting; (3) except in certain
circumstances (see 8 below), after pile
driving activities have commenced,
suspension of in-water pile driving is
encouraged, but not mandatory, when
animals enter the Level B isopleths (350
m from the point where impact pile
driving is taking place and 1,300 m from
the point where vibratory pile driving
takes place); (4) in-water impact pile
driving shall not occur during the
period from two hours before low tide
until two hours after low tide; (5) inwater piles will be driven with a
vibratory hammer to the maximum
extent possible (i.e., until a desired
depth is achieved or to refusal) prior to
using an impact hammer; (6) in-water
pile driving or chipping shall not occur
when conditions restrict clear, visible
detection of all waters within
harassment zones; (7) a ‘‘soft start’’
technique shall be used at the beginning
of each day’s in-water pile driving
activities or if pile driving has ceased
for more than one hour to allow any
marine mammal that may be in the
immediate area to leave before pile
driving reaches full energy; (8) if a
group of more than 5 beluga whales or
group with a calf is sighted within the
Level B harassment isopleths, in-water
pile driving shall be suspended; and (9)
for operated in-water heavy machinery
work other than pile driving or chipping
(i.e., dredging, dump scowles, linetug
boats used to move barges, barge
mounted hydraulic excavators, or
clamshell equipment used to place or
remove material), if a marine mammal
comes within 50 m, those operations
will cease and vessels will reduce to the
slowest speed practicable while still
maintaining control of the vessel and
safe working conditions.
NMFS-approved marine mammal
observers (MMOs) will be stationed at
the port during all in-water pile driving
and chipping and blasting associated
with dock demolition, if it occurs. These
observers will be responsible for
documenting take, marine mammal
behavior, and, if necessary, notifying the
resident engineer when shut down is
necessary. In addition, the POA and
MARAD shall employ a scientific
marine mammal monitoring team
separate from the on-site MMOs to
characterize beluga whale abundance,
frequency, movements, behavior, group
dynamics, and habitat use around the
POA and observe, analyze, and
document potential changes in behavior
in response to in-water construction
work. This monitoring team is not
required to be present during all inwater pile driving operations but will be
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Fmt 4703
Sfmt 4703
on-site 4 days per week, weather
permitting. It is anticipated that Alaska
Pacific University (APU) will begin the
2011 scientific marine mammal
observation program in June. The onsite MMOs and this marine mammal
monitoring team shall remain in contact
to alert each other to marine mammal
presence when both teams are working.
The POA and MARAD shall submit
monthly reports summarizing all inwater construction activities and marine
mammal sightings. In addition, an
annual report shall be due sixty days
before expiration of the LOA. This
report shall summarize monthly reports
and any apparent long or short term
impacts the MTRP may be having on
marine mammals. This LOA will be
renewed annually based on review of
the annual monitoring report.
Authorization
The POA and MARAD have complied
with the requirements of the 2010 LOA,
and NMFS has determined that marine
mammal take during the 2010
construction season is within the
amount authorized. Accordingly, NMFS
has issued a LOA to POA and MARAD
authorizing take by harassment of
marine mammals incidental to the
marine terminal redevelopment project
at the POA. Issuance of the 2011–2012
LOA is based on NMFS’ review of the
annual report submitted by the POA and
MARAD, and determination that the
observed impacts were within the scope
of the analysis and authorization
contained in the final rule and
previously issued LOA. Specifically,
NMFS found that the total taking of
marine mammals, in consideration of
the required mitigation, monitoring, and
reporting measures, will have no more
than a negligible impact on the affected
species or stocks and will not have an
unmitigable adverse impact on their
availability for taking for subsistence
uses.
Dated: June 28, 2011.
James H. Lecky,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2011–16893 Filed 7–5–11; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting Notice
Wednesday, July 13,
2011, 10 a.m.–12 noon.
PLACE: Room 420, Bethesda Towers,
4330 East West Highway, Bethesda,
Maryland.
TIME AND DATE:
E:\FR\FM\06JYN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39386-39388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16893]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RIN 0648-XA473]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended and implementing regulations, notification is hereby given that
the National Marine Fisheries Service (NMFS) has issued a Letter of
Authorization (LOA) to the Port of Anchorage (POA) and the U.S.
Department of Transportation Maritime Administration (MARAD), to take
four species of marine mammals incidental to the POA's Marine Terminal
Redevelopment Project (MTRP).
DATES: Effective July 15, 2011, through July 14, 2012.
ADDRESSES: The LOA and supporting documentation are available for
review by writing to P. Michael Payne, Chief, Permits, Conservation,
and Education Division, Office of Protected Resources, National Marine
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD
20910-3225 or by telephoning one of the contacts listed below.
Documents cited in this notice may be viewed, by appointment, during
regular business hours, at the aforementioned address and at the Alaska
Regional Office, 222 West 7th Avenue, Anchorage, AK 99513.
FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, Office of Protected
Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the National Marine Fisheries Service (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 regulations are issued. Under the MMPA, the term
``take'' means to harass, hunt, capture, or kill or to attempt to
harass, hunt, capture, or kill marine mammals.
Authorization may be granted for periods up to 5 years if NMFS
finds, after notification and opportunity for public comment, that the
taking will have a negligible impact on the species or stock(s) of
marine mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means of effecting the least practicable
adverse impact on the species and its habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species for subsistence
uses. The regulations must include requirements for monitoring and
reporting of such taking.
[[Page 39387]]
Regulations governing the taking of Cook Inlet beluga whales
(Delphinapterus leucas), harbor porpoises (Phocoena phocoena), killer
whales (Orcinus orca), and harbor seals (Phoca vitulina), by Level B
harassment, incidental to in-water pile driving were issued on July 15,
2009 (74 FR 35136), and remain in effect until July 14, 2014. These
regulations may be found in 50 CFR Part 217 subpart U. For detailed
information on this action, please refer to that document. These
regulations include mitigation, monitoring, and reporting requirements
for the incidental take of marine mammals during the specified
activity.
Summary of Request
On May 6, 2011, NMFS received a request for an LOA renewal pursuant
to the aforementioned regulations that would authorize, for a period
not to exceed 1 year, take of marine mammals, by Level B harassment
only, incidental to the POA MTRP. In compliance with the 2010 LOA, POA
and MARAD submitted an annual report on POA construction activities,
covering the period of July 15 through December 31, 2010. The report
also covers the period of January 1 through July 15, 2010, pursuant to
the U.S. Army Corps of Engineers' reporting requirement under their
permit issued under Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act. The report can be found on the NMFS
Web site at https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Summary of Activity and Monitoring Under the 2010 LOA
During the reporting period covered by the 2010 LOA, in-water
construction activities were conducted in the North Extension Bulkhead.
In-water construction and construction monitoring for the 2009 season
ended on November 20, 2010, when ice formation and poor visibility
impeded further activity. These activities were within the scope of
those analyzed in the final rule and included in the 2010 LOA.
On-site POA Monitoring
As required by the 2010 LOA, the POA and MARAD established safety
and harassment zones at the project site, which were monitored for the
presence of marine mammals before, during, and after in-water pile
driving. If the applicable safety and harassment zones were not visible
because of fog, poor light, darkness, sea state, or any other reason,
in-water construction activities were shut down until the area was once
again visible. From July 21 to November 20, 2010, 41 in-water pile
driving shutdowns were documented due to marine mammal sightings. The
peak month for shutdowns and delays during the 2010 construction season
was September, when 20 shutdowns and 10 delays were recorded. Most of
these occurred when marine mammals were sighted approaching or
surfacing just inside the harassment zone.
According to the POA's annual report, within the LOA reporting
period (July 21-November 20, 2010), MMOs stationed at the POA recorded
118 marine mammal sighting events in the general area totaling 746
animals. The number of animals is typically greater than the number of
sighting events because a single sighting event can (and often does)
consist of multiple animals and animals such as beluga whales often
travel in groups. There were 731 beluga whales (422 white, 224 gray,
and 85 dark gray); 13 harbor seals; and 2 harbor porpoises. The number
of reported whales sighted between July 21 and November 20, 2010
includes repeated sightings of individuals during the course of the
monitoring period.
The highest number of sightings (44) and number of marine mammals
sighted (265) occurred in September (261 of this number were beluga
whales: 172 white; 59 gray; and 30 dark gray). The fewest number of
sightings for a 30-day period were recorded in August, when 146 marine
mammals were sighted. In general, beluga whales showed no observable
reaction to pile driving. The only observable reaction which has been
documented is beluga whale groups splitting momentarily on three
occasions as they maneuver around barges or vessels. In-water pile
driving has yet to begin this year, to date; therefore, no MMOs have
been required at the POA in 2011.
Independent Scientific Monitoring
POA regulations (50 CFR part 217 subpart U) stipulate that the POA
and MARAD employ a scientific marine mammal monitoring team separate
from the on-site MMOs to characterize beluga whale frequency,
abundance, group composition, movements, behavior, and habitat use
around the POA and observe, analyze, and document potential changes in
behavior in response to in-water construction work. The POA and MARAD
complied with this requirement by assembling a monitoring team from the
Alaska Pacific University (APU) to implement a NMFS-approved scientific
monitoring plan. The scientific marine mammal monitoring 2010 annual
report was attached as an appendix to the annual report submitted by
POA and MARAD. This report covers the period of June through November,
2010 (ICRC, 2011). A summary of that report follows.
The APU observers conducted scientific monitoring from the Cairn
Point Station on Elmendorf Air Force Base, which directly overlooks the
POA. For 87 days, from June 29 through November 19, 2010, trained
graduate and undergraduate marine biology students conducted
approximately 600 hours of scientific monitoring and documented
approximately 115 beluga whales, comprising 42 groups traveling through
the study area. Spatial distribution analysis indicates that
approximately 21 percent of all groups sighted occurred within (n = 42)
or adjacent to (n = 5) the MRTP footprint. There were significant
differences in the number of whales observed across tidal stages
(F8,45 = 2.94, p = .02). There were significant peaks in
sightings during low (p = .01) and high (p = .03) flood tides and
during high ebb tides (p = .03).
Mean beluga whale group size was 2.7 plus or minus .35 individuals.
Only three groups contained individuals identified as calves, and
groups with calves were larger on average (4.3 plus or minus 1.2
individuals) than those without. All three groups containing calves
were sighted within or adjacent to the MTRP footprint. The number of
beluga whales sighted, group size, and size of groups with calves in
2010 decreased from those sighted in 2009; however, this difference was
not considered significant. The APU team will continue to monitor and
report on beluga whale abundance and the various parameters discussed
here within lower Knik Arm for the duration of POA construction.
In summary, the scientific monitoring team found that beluga whale
habitat use, distribution and movements, and behavior during 2010 were
consistent with previous years (2007-2009) with whales primarily
traveling through the study area on the incoming and outgoing tides to
and from likely foraging areas further up Knik Arm. Similar to accounts
from the MMOs stationed at the POA, no observed behavioral changes
(e.g., abrupt behavioral changes, rapid descents) or other indicators
of response to in-water pile driving or other MTRP in-water
construction activities were noted by the APU observers.
Take Summary for 2010 Construction Season
During the 2010 LOA reporting period, the following numbers of
marine mammals were identified as taken from in-water pile driving: 13
beluga whales; 1 harbor seal; 0 harbor porpoises; and 0
[[Page 39388]]
killer whales. Of the 13 beluga whale takes recorded, 9 were in October
and 4 were in November. The recorded takes occurred when marine mammals
entered the Level B harassment zone (1,300 m from the point where
vibratory pile driving takes place) during in-water (vibratory) pile
driving. The number of animals, by species, taken under the 2010 LOA
was within the amount authorized.
As discussed in more detail below, the POA has implemented a robust
monitoring and mitigation program to minimize harassment and avoid
exposing animals to injurious levels of sound produced by pile driving.
The POA has also developed a successful communication system between
MMOs and engineers to shut down pile driving before whales enter into
designated harassment zones, avoiding Level A take and minimizing Level
B take.
Planned Activities, Mitigation and Monitoring for 2011
During the 2011 construction season, the POA will be conducting two
projects at the North End of the project site. The construction work
includes: (1) Partial tail wall sheet pile removal at the Wet Barge
Berth; and (2) limited inspection of tail walls at the North Extension.
The work involves excavation of fill behind exiting sheet pile prior to
removal or inspection. The excavation, tail wall removal, and
inspection will be conducted out-of-water, inland of the bulkhead.
Mobilization, rigging, and excavation began the week of May 9, 2011. At
certain locations, barge-mounted heavy equipment will be required to
excavate fill material. When the barge is in use, construction marine
mammal monitoring will be conducted in accordance with existing permit
requirements (see mitigation measure 8, below). It is anticipate that
the barge work will commence in July.
As stated in the regulations and LOA, take of marine mammals will
be minimized through implementation of the following mitigation
measures: (1) If a marine mammal is detected within or approaching the
Level A or impact and vibratory pile driving Level B harassment
isopleths (200 m, 350 m and 1,300 m, respectively) prior to in-water
pile driving, operations shall be immediately delayed or suspended
until the marine mammal moves outside these designated zones or the
animal is not detected within 15 minutes of the last sighting; (2) if a
marine mammal is detected within or approaching 200 m prior to
chipping, this activity shall be immediately delayed or suspended until
the marine mammal moves outside these designated zones or the animal is
not detected within 15 minutes of the last sighting; (3) except in
certain circumstances (see 8 below), after pile driving activities have
commenced, suspension of in-water pile driving is encouraged, but not
mandatory, when animals enter the Level B isopleths (350 m from the
point where impact pile driving is taking place and 1,300 m from the
point where vibratory pile driving takes place); (4) in-water impact
pile driving shall not occur during the period from two hours before
low tide until two hours after low tide; (5) in-water piles will be
driven with a vibratory hammer to the maximum extent possible (i.e.,
until a desired depth is achieved or to refusal) prior to using an
impact hammer; (6) in-water pile driving or chipping shall not occur
when conditions restrict clear, visible detection of all waters within
harassment zones; (7) a ``soft start'' technique shall be used at the
beginning of each day's in-water pile driving activities or if pile
driving has ceased for more than one hour to allow any marine mammal
that may be in the immediate area to leave before pile driving reaches
full energy; (8) if a group of more than 5 beluga whales or group with
a calf is sighted within the Level B harassment isopleths, in-water
pile driving shall be suspended; and (9) for operated in-water heavy
machinery work other than pile driving or chipping (i.e., dredging,
dump scowles, linetug boats used to move barges, barge mounted
hydraulic excavators, or clamshell equipment used to place or remove
material), if a marine mammal comes within 50 m, those operations will
cease and vessels will reduce to the slowest speed practicable while
still maintaining control of the vessel and safe working conditions.
NMFS-approved marine mammal observers (MMOs) will be stationed at
the port during all in-water pile driving and chipping and blasting
associated with dock demolition, if it occurs. These observers will be
responsible for documenting take, marine mammal behavior, and, if
necessary, notifying the resident engineer when shut down is necessary.
In addition, the POA and MARAD shall employ a scientific marine mammal
monitoring team separate from the on-site MMOs to characterize beluga
whale abundance, frequency, movements, behavior, group dynamics, and
habitat use around the POA and observe, analyze, and document potential
changes in behavior in response to in-water construction work. This
monitoring team is not required to be present during all in-water pile
driving operations but will be on-site 4 days per week, weather
permitting. It is anticipated that Alaska Pacific University (APU) will
begin the 2011 scientific marine mammal observation program in June.
The on-site MMOs and this marine mammal monitoring team shall remain in
contact to alert each other to marine mammal presence when both teams
are working.
The POA and MARAD shall submit monthly reports summarizing all in-
water construction activities and marine mammal sightings. In addition,
an annual report shall be due sixty days before expiration of the LOA.
This report shall summarize monthly reports and any apparent long or
short term impacts the MTRP may be having on marine mammals. This LOA
will be renewed annually based on review of the annual monitoring
report.
Authorization
The POA and MARAD have complied with the requirements of the 2010
LOA, and NMFS has determined that marine mammal take during the 2010
construction season is within the amount authorized. Accordingly, NMFS
has issued a LOA to POA and MARAD authorizing take by harassment of
marine mammals incidental to the marine terminal redevelopment project
at the POA. Issuance of the 2011-2012 LOA is based on NMFS' review of
the annual report submitted by the POA and MARAD, and determination
that the observed impacts were within the scope of the analysis and
authorization contained in the final rule and previously issued LOA.
Specifically, NMFS found that the total taking of marine mammals, in
consideration of the required mitigation, monitoring, and reporting
measures, will have no more than a negligible impact on the affected
species or stocks and will not have an unmitigable adverse impact on
their availability for taking for subsistence uses.
Dated: June 28, 2011.
James H. Lecky,
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2011-16893 Filed 7-5-11; 8:45 am]
BILLING CODE 3510-22-P
