Small Takes of Marine Mammals Incidental to Specified Activities; Pile Driving in Port Townsend Bay, WA, 69797-69806 [2012-28345]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69797-69806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28345]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB041


Small Takes of Marine Mammals Incidental to Specified Activities; 
Pile Driving in Port Townsend Bay, WA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Marine Mammal Protection Act (MMPA) as 
amended, NMFS provides notice that we have issued an Incidental 
Harassment Authorization (IHA) to the Washington State Department of 
Transportation Ferries Division (WDF) to incidentally harass, by Level 
B harassment only, 11 species of marine mammals during the transfer 
span replacement project at the Port Townsend ferry terminal in Port 
Townsend Bay, Washington.

DATES: This authorization is effective from November 12, 2012, through 
February 15, 2013.

ADDRESSES: An electronic copy of the IHA and related documents are 
available by writing to Michael Payne, Chief, Permits and Conservation 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315

[[Page 69798]]

East-West Highway, Silver Spring, MD 20910-3225.
    An electronic copy of the application containing a list of the 
references used in this document may be obtained by visiting the 
Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. For 
members of the public who are unable to view these documents on the 
Internet, a copy may be obtained by writing to the address specified 
above or telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT). Documents cited in this notice may also be 
viewed, by appointment, during regular business hours, at the 
aforementioned address.

FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 specific geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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. 
Section 101(a)(5)(D) further established 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 marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny the authorization.
    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].

Summary of Request

    In August 2011, NMFS received an application from WSF, requesting 
an IHA for the take, by Level B harassment, of small numbers of harbor 
porpoises (Phocoena phocoena), Dall's porpoises (Phocoenoides dalli), 
Pacific white-sided dolphins (Lagenorhynchus obliquidens), killer 
whales (Orcinus orca), gray whales (Eschrichtius robustus), humpback 
whales (Megaptera novaeangliae), minke whales (Balaenoptera 
acutorostrata), Pacific harbor seals (Phoca vitulina richardii), 
California sea lions (Zalophus californianus), northern elephant seals 
(Mirounga angustirostris) and Steller sea lions (Eumatopius jubatus) 
incidental to pile driving activities conducted during the replacement 
of a transfer span at the Port Townsend ferry terminal, which is 
located inside Port Townsend Bay in northern Puget Sound (see Figure 1-
9 in the WSF IHA application). Upon receipt of additional information 
and a revised application (submitted October 2011), NMFS determined the 
application complete and adequate on January 5, 2012.
    The applicant's project will replace the current cable-lift 
transfer span at Slip 1 of the Port Townsend ferry terminal with a 
hydraulic lift H span (see Figure 1-3 in the WSF IHA application). The 
project will include removal of the existing transfer span, lift 
towers, tower foundations, and a portion of the bridge seat and replace 
them with a new transfer span, bridge seat, and lift cylinder shafts. 
During the project, up to 56 piles will be removed (40 timber and 16 
steel), and require installation of up to 26 piles (16 steel, 8 
temporary H-piles, and 2 cylinder shaft casings). Because elevated 
sound levels from pile driving have the potential to result in marine 
mammal harassment, NMFS issued an IHA for take incidental to the 
specified activity.

Description of the Specified Activity

    The project will replace an aging cable-lift transfer span with a 
new hydraulic lift span at the Port Townsend ferry terminal in northern 
Puget Sound, Washington. Transfer spans are moveable traffic bridges 
that connect ferries with the terminal dock, allowing the transfer span 
to be raised or lowered depending on the daily tide levels (see Figure 
1-2 in WSF's IHA application). The new hydraulic lifts, or H-spans, 
will be operated vertically by two hydraulic cylinders located under 
the offshore ends of the transfer span. The proposed project will 
involve the removal of the existing transfer span, lift towers, tower 
foundations, and a portion of the bridge seat. Once the old structures 
are removed, they will be replaced with a new transfer span, bridge 
seat, and lift cylinder shafts (see Appendix A of the IHA application).
    To replace the aging transfer span, 40 timber piles and 16 steel 
piles (four 30-inch and four 24-inch wingwall steel piles, and eight 
temporary piles) will be removed using a vibratory hammer. The 
vibratory hammer will then be used to install up to 8 steel piles (five 
30-inch and up to three 24-inch), up to 8 temporary steel piles, up to 
8 piles for the new wingwall fender panels and reaction frames (up to 
four 24-inch and up to four 30-inch), and two 80-inch cylinder shafts 
that will house the hydraulic lifts. The use of an impact hammer will 
be limited to the ``proofing'' of five 30-inch piles and three 24-inch 
piles in order to drive them the last two feet into the substrate. A 
breakdown of pile types and associated activity are shown in Table 1.

                       Table 1--Summary of Total Pile Removal and Installation Activities
----------------------------------------------------------------------------------------------------------------
                                                                           Total time to remove/       Days to
                 Activity                   Number of piles (maximum)             install              complete
----------------------------------------------------------------------------------------------------------------
Removal of timber piles..................  40.........................  10 hrs.....................            2
Removal of steel wingwall piles..........  16.........................  4 hrs......................            4
Install steel piles......................  8 (5 30-inch and up to 3 24- 2 hrs. 40 min..............            3
                                            inch).
Install temporary piles..................  8..........................  2 hrs......................            2

[[Page 69799]]

 
Install wingwall piles...................  8..........................  2 hrs. 40 min..............            3
Install cylinder shaft casing............  2 (80-inch)................  40 min.....................            2
Proofing of steel piles..................  8..........................  1 hr. 20 min...............            2
----------------------------------------------------------------------------------------------------------------

    Of the eight 24- and 30-inch steel piles, three 24-inch piles will 
be installed to support the platform for the new Hydraulic Power Unit 
(HPU) and five 30-inch piles would be installed for the new bridge 
seat. Up to eight temporary steel piles will be installed using a 
vibratory hammer to support a template for construction of the cylinder 
shafts. The vibratory hammer will then be used to install the two 80-
inch hollow steel cylinder shafts. The final eight 24- and 30-inch 
steel piles will be installed using a vibratory hammer for the new 
wingwall reaction frames and wingwall fender panels at the terminus of 
the transfer span.
    Although the exact duration of pile driving will vary depending on 
the installation procedures and geotechnical conditions, the applicant 
estimates that the 16 24- to 30-inch permanent piles will each require 
20 minutes of vibratory installation. Five 30-inch piles and up to 
three 24-inch piles will each require 10 minutes of impact driving or 
``proofing'' to verify capacity. The vibratory driving of eight 
temporary piles that support the template for the hydraulic cylinder 
shafts will each require 15 minutes to install because it will not be 
necessary to drive these piles as deep as the permanent piles. The two 
80-inch cylinder shaft casing will take approximately 20 minutes each 
to install using a vibratory hammer. All piles will be installed with 
an APE Model 400 (or equivalent) vibratory hammer; however, it will be 
necessary to proof the five 30-inch bridge seat piles and three 24-inch 
HPU support piles using an impact hammer. Proofing will require 10 
minutes of impact pile driving for each of these eight piles to verify 
load-bearing capacity. Sound attenuation devices, such as a bubble 
curtain, will be used during impact hammering. The wingwall temporary 
piles and the 80-inch cylinder shafts will be driven solely with a 
vibratory hammer.
    In addition to pile installation, a total of 56 piles will be 
removed using vibratory extraction or a crane. These consist of the 16 
steel piles and 40 old timber piles. If a timber pile breaks below the 
mudline--something older timber piles are prone to do--pile stubs will 
be removed with a clamshell bucket, but noise associated with this 
activity is expected to be negligible. Once piles and fragments of 
piles are removed, they will be loaded onto a barge or container and 
disposed of at an approved offsite location. There could be barges in 
the water to support these pile removal activities; however, these will 
be concentrated in the direct vicinity of the ferry terminal. Because 
direct pull and clamshell pile removal, and use of barges do not 
release loud sounds into the environment, marine mammal harassment from 
these activities is not anticipated.

Region of Activity

    The activity will occur at the Port Townsend ferry terminal located 
in northern Puget Sound inside Port Townsend Bay.

Dates and Duration of Activity

    The Washington Department of Fish and Wildlife's recommended in-
water work window for this area is July 16 through February 15. Timing 
restrictions such as this are used to avoid in-water work when ESA-
listed salmonid species are most likely to be present. Proposed pile 
installation and removal activities are scheduled to occur between 
November 12, 2012, and February 15, 2013, in agreement with the state's 
recommendation. The on-site work will last approximately 16 weeks with 
actual pile removal and driving activities taking place approximately 
25 percent of that time (approximately 4 weeks).

Sound Propagation

    Detailed descriptions of sound propagation and sound sources were 
provided in the Federal Register notice (77 FR 39471, July 3, 2012). 
Significant sound sources during in-water construction activities 
associated with the project include vibratory pile removal and pile 
installation using both vibratory and impact pile driving.
    Since 1997, NMFS has used generic sound exposure thresholds as 
guidelines to estimate when harassment may occur. Current practice 
regarding exposure of marine mammals to sound defines thresholds as 
follows: Cetaceans and pinnipeds exposed to sound levels of 180 and 190 
dB root mean square (rms; note that all underwater sound levels in this 
document are referenced to a pressure of 1 [micro]Pa) or above, 
respectively, are considered to have been taken by Level A (i.e., 
injurious) harassment, while behavioral harassment (Level B) is 
considered to have occurred when marine mammals are exposed to sounds 
at or above 120 dB rms for continuous sound (such as will be produced 
by the WSF activities) and 160 dB rms for pulsed sound, but below 
injurious thresholds. For airborne sound, pinniped disturbance has been 
documented at 100 dB (unweighted) for pinnipeds in general, and at 90 
dB (unweighted) for harbor seals (note that all airborne sound levels 
in this document are referenced to a pressure of 20 [micro]Pa).
    Data from other Washington State Ferries projects were used for the 
noise analysis of vibratory removal of 12-inch timber piles as well as 
the vibratory removal and driving of 30-inch and 24-inch hollow steel 
piles (Laughlin, 2005; Laughlin, 2010; Laughlin, 2011). Due to the lack 
of information related to the vibratory driving of 80-inch hollow steel 
cylinder shafts, noise levels recorded for a project using similar 
equipment in Richmond, California were used to estimate sound levels 
(CalTrans, 2007). For impact pile driving, WSF relied on measurements 
for steel piles at other Puget Sound ferry terminal locations 
(Laughlin, 2005). Sound levels for impact and vibratory pile driving 
are shown in Table 2. Ambient underwater sound levels in the vicinity 
of Port Townsend were measured in April 2010 (Stockham et al., 2010). 
These data show that local background levels are below 120 dB (50th 
percentile between 100 and 104 dB), at least during April; therefore, 
the Level B harassment threshold for continuous sound sources (120 dB) 
was not adjusted for this location. WSF conducted a site specific 
vibratory test pile project in coordination with NMFS at the Port 
Townsend Ferry Terminal to determine the distances at which vibratory 
pile removal or driving attenuate down to the 120 dB threshold (i.e., 
the threshold level used to measure Level B harassment for continuous 
sounds). The site specific test allowed physical factors in Port 
Townsend Bay that can

[[Page 69800]]

influence sound attenuation rates to be taken into account, such as 
absorption in seawater, absorption in the sub-bottom, scattering from 
inhomogeneities (lack of uniformity) in the water column and from 
surface and bottom roughness and water depth (bathymetry). During the 
test, two hollow steel piles, one 36-inch and one 30-inch, were driven 
and removed using a vibratory hammer. An array of hydrophones measured 
in-water noise during the test project. Vibratory driving of the 36-
inch steel pile generated 159 to 177 dB rms at 10 m, and vibratory 
driving of the 30-inch steel pile generated 164 to 174 dB rms at 10 m. 
Vibratory removal of the 30-inch steel pile generated 171 dB rms at 10 
m. Based on these results, the sound generated from vibratory 
installation and removal of 30-inch piles may take up to 4.2 miles (6.8 
km) to attenuate to below 120 dB. Because of the project area's 
location in a semi-enclosed bay, sound transmission will be stopped by 
land masses much earlier in certain directions.
    In-air sound from pile driving also has the potential to affect 
marine mammals (specifically, pinnipeds) that are hauled out or at the 
water's surface. As a result, WSF analyzed the potential for pinnipeds 
hauled out or swimming at the surface near the ferry terminal to be 
exposed to airborne SPLs that could result in Level B behavioral 
harassment. The distance to the 90 dB Level B threshold for airborne 
sound was estimated to be 81 m, which is less than the distance to the 
nearest known haul out site 3 km away (Kilisut Harbor spit). Although 
there are no pinniped haul-out sites near the project area, animals 
could be exposed when swimming at the surface with their heads above 
the water; however, the airborne sound harassment zone is smaller than 
and encompassed by the underwater sound harassment zones for both 
vibratory and impact pile driving.

                         Table 2--Distances to Harassment Thresholds (Vibratory Hammer)
----------------------------------------------------------------------------------------------------------------
                                                                             Sound levels (rms)
        Pile type and size               Hammer type      ------------------------------------------------------
                                                             190 dB     180 dB     160 dB          120 dB
----------------------------------------------------------------------------------------------------------------
Timber (removal)..................  Vibratory............        n/a        n/a        n/a  2.2 km (1.4 miles).
24-inch steel (removal)...........  Vibratory............        n/a        n/a        n/a  4 km (2.4 miles).
24-inch steel (install)...........  Vibratory............        n/a        n/a        n/a  6.3 km (3.9 miles).
30-inch steel (removal)...........  Vibratory............        n/a        n/a        n/a  18.5 km (15.6
                                                                                             miles).
30-inch steel (install)...........  Vibratory............        n/a        n/a        n/a  39.8 km (24.7
                                                                                             miles).
80-inch steel (install)...........  Vibratory............        n/a        n/a        n/a  50 km (31 miles).
----------------------------------------------------------------------------------------------------------------


                 Table 3--Distances to Harassment Thresholds Without Mitigation (Impact Hammer)
----------------------------------------------------------------------------------------------------------------
                                                                                     Sound levels (rms)
            Pile type and size                       Hammer type          --------------------------------------
                                                                              190 dB       180 dB       160 dB
----------------------------------------------------------------------------------------------------------------
30-inch steel.............................  Impact.......................          5 m         22 m        465 m
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    We published a notice of receipt of the Navy's application and 
proposed IHA in the Federal Register on July 3, 2012 (77 FR 39471). 
During the 30-day comment period, NMFS received a letter from the 
Marine Mammal Commission (Commission) and a letter from a member of the 
public. The letter from a member of the public did not contain 
substantive comments. The comments from the Commission, and our 
responses, are provided here. All measures proposed in the initial 
Federal Register notice are included within the authorization and NMFS 
has determined that they will effect the least practicable impact on 
the species or stocks and their habitats.
    Comment 1: The Commission recommends that we require WSF to 
implement ramp-up procedures after 15 minutes if pile-driving or -
removal activities were delayed or shut down because of the presence of 
a marine mammal within or approaching the exclusion zone and observers 
did not see that marine mammal leave the zone.
    Response: We disagree with this recommendation. The Commission 
cites several reasons why marine mammals may remain in the exclusion 
zone after shutdown and yet be undetected by observers during the 15 
minute clearance period (e.g., perception and availability bias). While 
this is possible in theory, we find it extremely unlikely that an 
animal could remain undetected in such a small zone and under typical 
conditions in Port Townsend Bay. The exclusion zone has a 22 m radial 
distance, and typical observation conditions in Port Townsend Bay are 
excellent. We believe the possibility of a marine mammal remaining 
undetected in the exclusion zone, in relatively shallow water, for 
greater than 15 minutes is discountable. A requirement to implement 
ramp-up after every shutdown or delay less than 30 minutes in duration 
would be impracticable, resulting in significant construction delays 
and therefore extending the overall time required for the project, and 
thus the number of days during which disturbance of marine mammals 
could occur.
    Comment 2: The Commission recommends that we require WSF to monitor 
before, during, and after all ramp-ups of vibratory and impact pile 
driving to gather the data needed to determine the effectiveness of 
this technique as a mitigation measure.
    Response: We disagree that WSF needs to monitor for marine mammals 
before, during, and after all ramp-ups. Protected species observers 
will be on-site and monitoring for marine mammals at least 30 minutes 
prior to, during, and after all impact driving (including during ramp-
ups) and at least two full days per week during all vibratory pile 
driving. We believe that monitoring for all impact driving and at least 
two days per week of vibratory pile driving days per week will allow 
for adequate data collection and interpretation of how marine mammals 
are behaving in response to pile driving, including during ramp-ups.
    Comment 3: The Commission recommends that we require WSF to monitor 
the Level A and B harassment zones to detect the presence and 
characterize the behavior of marine mammals during all pile-driving and

[[Page 69801]]

removal activities that use a vibratory or impact hammer.
    Response: As stated in the proposed IHA, marine mammal monitoring 
will occur 30 minutes before, during, and 30 minutes after all impact 
pile driving activities. In addition, at least two NMFS-approved 
protected species observers will conduct behavioral monitoring out to 
1,900 m during all vibratory pile driving for the first two weeks of 
activity to validate take estimates and evaluate the behavioral impacts 
pile driving has on marine mammals out to the Level B harassment 
isopleth. NMFS believes this is an adequate effort of monitoring 
because sounds from vibratory pile driving will not exceed the Level A 
harassment threshold and sounds from impact pile driving only exceed 
the Level A harassment threshold 22 m from the source.

Description of Marine Mammals in the Area of the Specified Activity

    Due to Port Townsend's location on the boundary between two inland 
water regions, 11 marine mammal species may occur at some time of year 
in the vicinity of the ferry terminal: Harbor porpoise, Dall's 
porpoise, Pacific white-sided dolphin, killer whale, gray, whale, 
humpback whale, minke whale, Pacific harbor seal, California sea lion, 
northern elephant seal, and Steller sea lion. The Steller sea lion, 
Southern Resident killer whale, and humpback whale are the only marine 
mammals that may occur in the vicinity of the ferry terminal that are 
listed under the ESA; the Southern Resident killer whale and humpback 
whale are listed as endangered and the eastern distinct population 
segment (DPS) of Steller sea lion is listed as threatened. All marine 
mammal species are protected under the MMPA. The Federal Register 
notice (77 FR 39471, July 3, 2012) summarizes the population status and 
abundance of these species and provides detailed life history 
information.

Potential Effects of the Specified Activity on Marine Mammals

    Impact and vibratory pile driving are the construction activities 
associated with the proposed action with the potential to take marine 
mammals. Elevated in-water sound levels from pile driving in the 
proposed project area may temporarily impact marine mammal behavior. 
However, elevated in-air sound levels are not expected to affect marine 
mammals because the nearest pinniped haul-out is approximately 3 km 
away and the zone of harassment for airborne sound is encompassed 
within the zones of harassment for underwater sound. The Federal 
Register notice (77 FR 39471, July 3, 2012) provides a detailed 
description of marine mammal hearing and of the potential effects of 
these construction activities on marine mammals.

Anticipated Effects on Habitat

    The proposed activities at the Port Townsend ferry terminal would 
not result in permanent impacts to habitats used directly by marine 
mammals, such as haul-out sites, but may have potential short-term 
impacts to food sources such as forage fish and salmonids. There are no 
rookeries or major haul-out sites within 3 km, foraging hotspots, or 
other bottom features of significant biological importance to marine 
mammals that may be present in the vicinity of the project area. 
Therefore, the main impact issue associated with the proposed activity 
would be temporarily elevated sound levels and the associated direct 
effects on marine mammals, as discussed previously in this document. 
The most likely impact to marine mammal habitat occurs from the effects 
of pile removal and installation on likely marine mammal prey (i.e., 
fish) near the ferry terminal and minor impacts to the immediate 
substrate during removal and installation of piles during the transfer 
span replacement project. In addition, removal of the 40 creosote-
treated wood piles from the marine environment will have long-term 
benefits due to improvements in water and sediment quality. The Federal 
Register notice (77 FR 39471, July 3, 2012) describes these potential 
impacts in greater detail.

Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must, where applicable, set forth the permissible methods of 
taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant).
    The applicant will implement the following mitigation measures to 
minimize adverse impacts to marine mammals:

Temporal Restrictions

    The Washington Department of Fish and Wildlife recommends an in-
water work window of July 16 through February 15, annually. This work 
window was designed to avoid in-water work when ESA-listed salmonids 
are most likely to be present, but may also be beneficial to marine 
mammals that prey on salmon. Actual construction activities will take 
place from November 12, 2012, through February 15, 2013, which ensures 
that these activities do not coincide with salmonid use of the action 
area. The daily construction work window for in-water work will begin 
no sooner than 30 minutes after sunrise and will end at sunset (or 
shortly after sunset) when visibility decreases to the point where 
effective marine mammal monitoring is no longer possible.

Use of Noise Attenuation During Pile Driving With Impact Hammer

    To the extent possible, a vibratory hammer would be used to drive 
all piles. It is anticipated that an impact hammer will be necessary to 
``proof'' five 30-inch hollow steel piles. During impact pile driving, 
a bubble curtain will be used as an attenuation device to reduce 
hydroacoustic sound levels and avoid the potential for injury. In the 
event that hydroacoustic monitoring during in-water construction 
activities involving impact pile driving indicates that the proper 
attenuation is not being achieved, the proposed harassment and 
exclusion zones (described next) will be modified to account for the 
reduced attenuation.

Establishment of an Exclusion Zone

    During impact pile driving, WSF will establish a marine mammal 
exclusion zone of 22 m around each pile to avoid exposure to sounds at 
or above 180 dB. The 190 dB (pinniped) injury isopleth is contained 
within the 22 m exclusion zone. The exclusion zone will be monitored 
during all impact pile driving to ensure that no marine mammals enter 
the 22 m radius. The purpose of this area is to prevent Level A 
harassment (injury) of any marine mammal species. Typically, an 
exclusion zone for vibratory pile driving is unnecessary to prevent 
Level A harassment, as source levels would not exceed the Level A 
harassment threshold; however, in response to a recommendation from the 
Marine Mammal Commission, a 5 m exclusion zone will be established 
during vibratory pile driving of the two 80-inch piles.

Pile Driving Shut Down and Delay Procedures

    Monitoring will be initiated 30 minutes prior to the commencement 
of pile driving activities. If a protected species observer sees a 
marine mammal within or approaching the exclusion zone prior to start 
of impact pile driving, the observer will notify the on-site 
construction manager (or other

[[Page 69802]]

authorized individual), who will then be required to delay pile driving 
until the marine mammal has moved outside of the exclusion zone or if 
the animal has not been resighted within 15 minutes. If a marine mammal 
is sighted within or on a path toward the exclusion zone during pile 
driving, pile driving will cease until that animal has cleared and is 
on a path away from the exclusion zone or 15 minutes has lapsed since 
the last sighting.

Soft-Start Procedures

    A ``soft-start'' technique will be used at the beginning of each 
day's pile installation or removal, or if installation or removal has 
ceased for more than one hour, to allow any marine mammal that may be 
in the immediate area to leave before the pile hammer reaches full 
energy. For vibratory pile driving, the soft-start procedure requires 
contractors to initiate noise from the vibratory hammer for 15 seconds 
at 40-60 percent reduced energy followed by a 1-minute waiting period. 
The procedure will be repeated two additional times before full energy 
may be achieved. For impact hammering, contractors will be required to 
provide an initial set of three strikes from the impact hammer at 40 
percent energy, followed by a 1-minute waiting period, then two 
subsequent three-strike sets.

In-Water Pile Driving Weather Delays

    Should environmental conditions (e.g., fog, high sea state, poor 
lighting) obscure the harassment zone, pile driving will be suspended 
until visibility returns.
    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of effecting the least 
practicable adverse impact on the affected marine mammal species and 
stocks and their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another: (1) 
The manner in which, and the degree to which, the successful 
implementation of the measure is expected to minimize adverse impacts 
to marine mammals; (2) the proven or likely efficacy of the specific 
measure to minimize adverse impacts as planned; and (3) the 
practicability of the measure for applicant implementation, including 
consideration of personnel safety, and practicality of implementation.
    Based on our evaluation of the applicant's proposed measures, NMFS 
has determined that the proposed mitigation measures provide the means 
of effecting the least practicable adverse impacts on marine mammals 
species or stocks and their habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance.

Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must, where applicable, set forth 
``requirements pertaining to the monitoring and reporting of such 
taking''. The MMPA implementing regulations at 50 CFR 216.104 (a)(13) 
indicate that requests for IHAs must include the suggested means of 
accomplishing the necessary monitoring and reporting that will result 
in increased knowledge of the species and of the level of taking or 
impacts on populations of marine mammals that are expected to be 
present.
    WSF has developed a monitoring plan that includes monitoring the 
harassment and exclusion zones during pile driving and collecting 
sighting data for each marine mammal species observed during in-water 
construction activities. To implement this plan, qualified marine 
mammals observers will be on-site at all times during pile removal and 
installation. WSF must designate at least one biologically-trained, on-
site individual, approved in advance by NMFS, to monitor the area for 
marine mammals 30 minutes before, during, and 20 minutes after all 
impact pile driving activities and call for shut down if any marine 
mammal is observed within or approaching the designated exclusion zone 
(preliminarily set at 22 m for impact pile driving and 5 m for 
vibratory installation of the 80-inch piles). In addition, at least two 
NMFS-approved protected species observers would conduct behavioral 
monitoring at least two days per week to estimate take and evaluate the 
behavioral impacts pile driving has on marine mammals out to the Level 
B harassment isopleths. Note that for impact hammering, this distance 
is about 465 m. For vibratory hammering, this estimated distance is 
about 6.8 km. Protected species observers will be provided with the 
equipment necessary to effectively monitor for marine mammals (for 
example, high-quality binoculars, spotting scopes, compass, and range-
finder) in order to determine if animals have entered into the 
exclusion zone or Level B harassment isopleth and to record species, 
behaviors, and responses to pile driving.
    WSF will also conduct acoustic monitoring during vibratory pile 
installation of 24-inch and 80-inch steel piles. Acoustic monitoring 
during timber pile removal and installation and removal of 30-inch 
steel piles will not be conducted because data from these activities 
was collected in 2010 during the Port Townsend test pile driving 
project (Laughlin, 2010; Stockham et al., 2010) and during a 2010 
dolphin replacement project in Port Townsend.
    Protected species observers will be required to submit a report to 
NMFS within 120 days of expiration of the IHA or completion of pile 
driving, whichever comes first. The report would include data from 
marine mammal sightings (such as species, group size, and behavior), 
any observed reactions to construction, distance to operating pile 
hammer, and construction activities occurring at time of sighting.

Estimated Take by Incidental 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].
    All anticipated takes will be by Level B harassment, involving 
temporary, short-term modifications of behavior by small numbers of 
marine mammals within the action area. Marine mammals may also 
temporarily avoid the area during construction. The planned mitigation 
and monitoring measures are expected to avoid injurious or lethal takes 
such that take by Level A harassment, serious injury or mortality is 
considered remote.
    If a marine mammal responds to an underwater sound by changing its 
behavior (e.g., through relatively minor changes in locomotion 
direction/speed or vocalization behavior), the response may or may not 
constitute taking at the individual level, and is typically unlikely to 
affect the stock or the species as a whole. However, if a sound source 
displaces marine mammals from an important feeding or breeding area for 
a prolonged period, impacts on animals or on the stock or species could 
potentially be significant (Lusseau and Bejder, 2007; Weilgart, 2007).
    Given the many uncertainties in predicting the quantity and types 
of impacts of sound on marine mammals, it is common practice to 
estimate take based on how many animals are likely to be present within 
a particular distance of a given activity, or exposed

[[Page 69803]]

to a particular level of sound. Typically, potential takes are 
estimated by multiplying the ensonified area by the local marine mammal 
densities of the species that may occur within that zone. There are no 
density estimates for any Puget Sound population of marine mammals. As 
a result, for this IHA, takes were estimated using local marine mammal 
data sets (e.g., Orca Network, state and federal agencies), opinions 
from state and federal agencies, and incidental observations from WSF 
biologists. For example, between 1990 and 2005, an average of 1.75 
killer whale groups were reported in the quadrant that includes Port 
Townsend, with most sightings occurring between September and December, 
and March. On the basis of that information, an estimated amount of 
potential takes for killer whales is presented here. However, while a 
pod of killer whales could potentially visit again during the project 
timeframe, and thus be taken, it is more likely that they would not.
    The project area is not believed to be particularly important 
habitat for marine mammals, although harbor seals are year-round 
residents and have a known haul-out site within 3 km of Port Townsend 
(haul-out sites for other pinniped species are located at a distance of 
7 km or greater from the project site). Therefore, behavioral 
disturbances that could result from anthropogenic sound associated with 
the proposed activities are expected to affect only a relatively small 
number of individual marine mammals, although those effects could be 
recurring if the same individuals remain in the project vicinity.
    WSF requested authorization for the potential taking of small 
numbers of Steller sea lions, California sea lions, harbor seals, 
northern elephant seals, killer whales, Dall's porpoises, harbor 
porpoises, Pacific white-sided dolphins, gray whales, humpback whales, 
and minke whales in Port Townsend Bay and Admiralty Inlet that may 
result from pile removal and installation during construction 
activities associated with the transfer span replacement project 
described previously in this document. Based on comments received from 
the Marine Mammal Commission, the takes requested for harbor seals, 
California sea lions, Steller sea lions, and harbor porpoise have been 
corrected to account for the number of days during which the activity 
will occur instead of the number of hours extrapolated to days. The 
corrected numbers are reflected in the following paragraphs. The takes 
requested are expected to have no more than a minor effect on 
individual animals and no effect at the population level for these 
species. Any effects experienced by individual marine mammals are 
anticipated to be limited to short-term disturbance of normal behavior 
or temporary displacement of animals near the source of the sound.
    Current NMFS practice regarding exposure of marine mammals to 
anthropogenic noise is that in order to avoid the potential for injury 
(PTS), cetaceans and pinnipeds should not be exposed to impulsive 
sounds of 180 and 190 dB or above, respectively. This level is 
considered precautionary as it is likely that more intense sounds would 
be required before injury would actually occur (Southall et al., 2007). 
Potential for behavioral harassment (Level B) is considered to have 
occurred when marine mammals are exposed to sounds at or above 160 dB 
for impulse sounds (such as impact pile driving) and 120 dB for non-
pulse noise (such as vibratory pile driving), but below the 
aforementioned thresholds. These levels are also considered 
precautionary.
    Based on empirical measurements taken by WSDOT and Caltrans (which 
are presented in the Description of Specified Activities section 
above), estimated distances to NMFS' current harassment threshold sound 
levels from pile driving during the proposed construction activities 
are presented in Table 4. The 22 m distance to the Level A harassment 
threshold and the establishment of a 5 m exclusion zone for vibratory 
installation of the 80-inch piles provides protected species observers 
a reasonably sized area to monitor during impact pile driving. 
Monitoring these zones and implementing mitigation measures will 
prevent marine mammals from being exposed to sound levels that reach 
the Level A harassment threshold.

              Table 4--Distances to NMFS' Marine Mammal Harassment Thresholds (Without Attenuation)
----------------------------------------------------------------------------------------------------------------
                                                                                      Level B         Level B
                                                      Level A (190/180 dB)          harassment      harassment
                                                                                     (160 dB)        (120 dB)
----------------------------------------------------------------------------------------------------------------
Impact hammering..............................  22 m............................           465 m             n/a
Vibratory hammering...........................  5 m (80-inch piles only)........             n/a          6.8 km
----------------------------------------------------------------------------------------------------------------

    For each of the 11 marine mammal species that may occur within the 
proposed action area, incidental take was determined by estimating the 
likelihood of a marine mammal being present with the Zone of Influence 
(ZOI) during pile driving activities (Table 5). Typically, incidental 
take is estimated by multiplying the area of the ZOI by the local 
animal density. This provides an estimate of the number of animals that 
might occupy the ZOI at any time; however, there are no density 
estimates for marine mammal populations in Puget Sound. Therefore, the 
take requests were estimated using local marine mammal data sets (e.g., 
Orca Network, state and federal agencies), opinions from state and 
federal agencies, and incidental observations from WSF biologists. 
Expected marine mammal presence was determined by past observation and 
general abundance near the Port Townsend ferry terminal during the 
construction work window. Distances to the applicable NMFS thresholds 
for Level A and Level B harassment take for each type of pile 
(vibratory and impact) were presented in Section 1.6.6 in the IHA 
application. These distances were used to calculate the various ZOIs or 
area ensonified by sounds at or greater than threshold. For example, 
for the Level A threshold, the estimated distance to the 180 dB 
isopleth was 22 m for impact pile driving, which equates to a 1,520 
square meter ZOI. The distance to the 160 dB isopleths during impact 
pile driving was estimated at 465 m, which equates to a 0.45 square km 
(only half the area is water). The distance to the 120 dB threshold for 
vibratory pile driving was estimated at 6.8 km, which equates to a ZOI 
of approximately 42 square km in water. Both of these areas will be 
monitored during construction to report actual marine mammal takes by 
Level B harassment.

[[Page 69804]]



  Table 5--Population Abundance Estimates, Total Authorized Take, and the Percentage of the Population or Stock
  That May Be Exposed to Sounds Resulting in Level B Harassment During the Proposed Ferry Terminal Replacement
                                                     Project
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                             Species                                 Abundance         Take        population or
                                                                                   authorization       stock
----------------------------------------------------------------------------------------------------------------
Gray Whale......................................................          20,000               2            0.01
Humpback Whale..................................................           1,100               2            0.18
Minke Whale.....................................................           1,000               2             0.2
Killer Whale (Transient)........................................             314               3               1
Killer Whale (Southern Resident)................................              86              27              31
Harbor Porpoise.................................................          10,682             306             2.8
Dall's Porpoise.................................................          57,000               9            0.02
Pacific White-sided Dolphin.....................................          25,233              10            0.04
Harbor Seal.....................................................          14,612             180             1.2
California Sea Lion.............................................         238,000             108            0.04
Northern Elephant Seal..........................................         101,000               5           0.005
Steller Sea Lion (eastern DPS)..................................          48,500              90            0.19
----------------------------------------------------------------------------------------------------------------

    Airborne noises can affect pinnipeds, especially resting seals 
hauled out on rocks or sand spits. The airborne 90 dB Level B threshold 
for hauled out harbor seals was estimated at 81 m, and the airborne 100 
dB Level B threshold for other pinnipeds was estimated at 17 m. No 
haulout sites are within the disturbance threshold distances; the 
nearest harbor seal haulout is approximately 3 km from the ferry 
terminal. In addition, the airborne noise harassment ZOI is smaller 
than both the impact and vibratory hammer underwater noise harassment 
ZOIs, and therefore is encompassed in the underwater noise take 
estimates.
    Surveys conducted during the fall/winter of 2009/2010 by biologists 
contracted by the Snohomish Public Utility District recorded about 10 
harbor seals per day (Tollit et al., 2010). The applicant estimates 
that the total number of pile driving and removal hours would not 
exceed 18 eight-hour work days; therefore, the estimated number of 
seals that could be harassed would be 180. The survey conducted by 
Tollit et al. (2010) also recorded sightings of California sea lions 
passing Admiralty Head (located directly across Admiralty Inlet from 
Port Townsend) and reported six animals over the course of 88 days 
between October 2009 and February 2010. Similarly, the Washington 
Department of Fish and Wildlife recorded eight California sea lions in 
Admiralty Inlet during vessel-based surveys in Puget Sound between 1992 
and 2004. Based on the results from these surveys, WSF estimates that 
up to six California sea lions could enter the 160 dB harassment zone 
per day, or a total of 108 during the 18 eight-hour work days that 
would involve in-water pile installation and removal activities. These 
surveys did not, however, report any sightings of northern elephant 
seals in Admiralty Inlet. Wintering elephant seals haul out on 
Protection Island, which is 12 km to the west of Port Townsend, and 
Smith and Minor Islands 24 km to the north, but may forage as far south 
as Admiralty Inlet. Therefore, it is possible that elephant seals could 
enter Port Townsend Bay during the proposed activity at the ferry 
terminal, and WSF believes that a couple northern elephant seals could 
be exposed to sound from pile driving and removal activities each day, 
especially since they are capable of spending prolonged periods below 
the water where they cannot be detected. Based on these considerations, 
WSF requests a total of 5 northern elephant seal takes by Level B 
harassment during the three eight-hour work days that involve pile 
driving and removal. Among pinnipeds, Steller sea lions are relatively 
common in Admiralty Inlet during the winter as they move between the 
Strait of Juan de Fuca and Puget Sound; hauling out at Craven Rock east 
of Marrowstone Island, or on channel buoys. The survey conducted by 
Tollit et al. (2010) recorded nearly 800 Steller sea lions over 88 
days, or about 9 Steller sea lions per day. Considering that pile 
driving activities are expected to take about 18 work days to complete, 
WSF estimates that 90 Steller sea lions could be exposed to sound 
resulting in Level B harassment.
    Take estimates for cetaceans also relied on recent survey data 
because density estimates for the inland waters of Washington are not 
available. Harbor porpoises are frequently observed in Admiralty Inlet, 
Tollit et al. (2010) recorded over 1,500 harbor porpoises during 88 
survey days between October 2009 and February 2010, or approximately 17 
per day. WSF estimates that pile driving activities will take about 18 
work days to complete; therefore, approximately 306 harbor porpoises 
may be exposed to sound levels resulting in Level B harassment during 
this period. The survey by Tollit et al. (2010) did not positively 
identify any Dall's porpoises, and their preference for deeper waters 
and spatial distribution in Puget Sound make it unlikely that Dall's 
porpoises transiting through Admiralty Inlet would regularly enter the 
shallow waters of Port Townsend Bay; however, it is possible for Dall's 
porpoises to approach close enough to the proposed pile-driving 
activity to be exposed to sound resulting in Level B harassment. 
Therefore, based on an average winter group size of three animals 
(PSAMP data), WSF estimates that three Dall's porpoise may enter the 
Level B harassment zone three times during pile driving activities, and 
request a total of nine Dall's porpoise takes by Level B harassment.
    The inland distribution of Pacific white-sided dolphins is largely 
limited to the Strait of Juan de Fuca and Haro Strait on the west side 
of the San Juan Islands. Because these dolphins appear confined to the 
deeper channels of the inland waters of Washington State, they may 
occur in Admiralty Inlet, but are unlikely to enter the shallower 
waters of Port Townsend Bay. In addition, these animals move to warmer 
waters in the fall and winter and may be entirely absent from the area 
during the proposed ferry terminal replacement project. Without better 
evidence on the reports of Pacific white-sided dolphins sighted in 
Admiralty Inlet during the winter or on the likelihood of these 
dolphins occurring in the vicinity of the ferry terminal, WSF requests 
10 takes of Pacific white-sided dolphins by Level B harassment, which 
is based on their average group size exposed to one day of pile driving 
activity. Similar to Pacific white-sided dolphins, killer

[[Page 69805]]

whales are not expected to be present near Port Townsend during the 
proposed fall/winter activity period. Transient killer whale rarely 
occur in Puget Sound, and Southern Resident killer whales spend much of 
the winter in the vicinity of the Fraser River; however, based on the 
unpredictable nature of transient movements and past records of 
Southern Resident sightings, it is possible that a pod of killer whales 
could pass through Admiralty Inlet and be within the Level B harassment 
zone. For example, Tollit et al. (2010) did report three sightings of 
Southern Resident killer whales passing Admiralty Head in October 2009, 
and one group of transients passed by in December 2009 (neither group 
entered Port Townsend Bay). Therefore, WSF requests 30 killer whale 
takes by Level B harassment, which equates to one group of three 
transients plus the 27 animals that comprise J pod--the Southern 
Resident pod most likely to occur in Puget Sound during the proposed 
activity period.
    The IHA application also requests takes of three species of baleen 
whale--gray whale, humpback whale, and minke whale. Gray whales 
generally enter the inland waters of Washington from March through May 
and sightings during the fall and winter are infrequent. However, 
because gray whales that enter Puget Sound tend to localize around 
Admiralty Inlet and Possession Sound, the possibility of a gray whale 
occurring in the vicinity of Port Townsend Bay during the proposed pile 
driving activity cannot be discounted. Therefore, based on the average 
gray whale group size, WSF requests two gray whale takes by Level B 
harassment. Humpback whales are also occasionally observed in Puget 
Sound, but most sightings occur during the summer months and nearly all 
recent winter and fall sightings have been confined to the vicinity of 
the San Juan Islands. Although humpback whales are not expected in the 
vicinity of Port Townsend Bay during the proposed action, the 
possibility of a sighting cannot be fully discounted. Based on the 
average group size, WSF requests two humpback whale takes by Level B 
harassment. Minke whales are also very rare in Puget Sound during the 
winter; however, of the few reported sightings in Puget Sound, most 
have occurred in the vicinity of Admiralty Inlet. Given the rarity of 
these animals in winter, WSF only anticipates that minke whales would 
make an occasional transit, if any, of Admiralty Inlet during the 
proposed activity with the remote possibility of one or two whales 
entering Port Townsend Bay. Therefore, based on these considerations, 
WSF requests two minke whale takes by Level B harassment.
    To summarize, WSF requests, and NMFS authorizes, takes of 180 
harbor seals, 108 California sea lions, 5 northern elephant seals, 90 
Steller sea lions, 306 harbor porpoises, 9 Dall's porpoises, 10 Pacific 
white-sided dolphins, 3 transient killer whales, 27 Southern Resident 
killer whales, 2 gray whales, 2 humpback whales, and 2 minke whales. 
These numbers do not take the required mitigation measures into 
consideration, and are likely overestimates because they represent the 
maximum number of animals expected to occur within the Level B 
harassment isopleth. The actual number of animals that may be harassed 
is likely to be less.

Negligible Impact Determination

    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.'' In making a negligible impact determination, 
NMFS considers a number of factors which include, but are not limited 
to, number of anticipated injuries or mortalities (none of which would 
be authorized here), number, nature, intensity, and duration of Level B 
harassment, and the context in which takes occur.
    Marine mammals would not be exposed to activities or sound levels 
which would result in injury (PTS), serious injury, or mortality. Pile 
driving would occur in shallow coastal waters of Port Townsend Bay. The 
action area (waters around the ferry terminal) is not considered 
significant feeding or reproductive habitat for pinnipeds. The closest 
haul-out is 3 km away, which is outside the project area's largest 
harassment zone for airborne noise. Any marine mammals--most likely 
pinnipeds--approaching the action area would likely be traveling or 
opportunistically foraging.
    Marine mammals may be temporarily impacted by pile driving noise. 
However, marine mammals are expected to avoid the area to some degree, 
thereby potentially reducing exposure and impacts. Pile driving 
activities are expected to occur for approximately 4 weeks. Although 
marine mammal prey species may be affected by pile driving activities, 
any impacts would be short in duration and limited to the immediate 
vicinity of the ferry terminal. NMFS expects that any fish that exhibit 
behavioral responses (i.e., avoidance) while in-water construction 
activities occur would resume normal behavior following the cessation 
of the activity. Furthermore, Puget Sound is a highly populated and 
industrialized area, so animals are likely tolerant or habituated to 
anthropogenic disturbance, including low level vibratory pile driving 
operations, and noise from other anthropogenic sources (such as 
vessels) may mask construction related sounds. There are no known areas 
within Port Townsend Bay where any of these species concentrate 
specifically for breeding or feeding. Based on all the information 
considered, there is no anticipated effect on annual rates of 
recruitment or survival of affected marine mammals. Accordingly, the 
activity will have a negligible impact on the affected species or 
stocks of marine mammals.

Small Numbers Determination

    The amount of take WSF requested for each species, and NMFS 
authorizes, is considered small (less than five percent) relative to 
the estimated populations or stocks of 14,612 Pacific harbor seals, 
238,000 California sea lions, 101,000 northern elephant seals, 48,500 
Steller sea lions, 10,632 harbor porpoises, 57,000 Dall's porpoises, 
25,233 Pacific white-sided dolphins, 314 transient killer whales, 
20,000 gray whales, 1,100 humpback whales, and 1,000 minke whales.
    The request of up to 27 takes of Southern Resident killer whales by 
Level B harassment represents a larger percentage (31%) of the 
population; this number was estimated because Southern Resident killer 
whales travel in large groups. Although killer whales are unlikely to 
occur in the vicinity of the ferry terminal during pile driving, if 
they were to appear, it may be as a full group or pod, which 
necessitates the need for a larger number of takes requested.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, NMFS determines that the proposed pile removal and 
installation would result in the incidental take of small numbers of 
marine mammals, by Level B harassment only, and that the total taking 
would have a negligible impact on the affected species or stocks.

[[Page 69806]]

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action.

Endangered Species Act (ESA)

    The Southern Resident killer whale and humpback whale are listed as 
endangered under the ESA and the eastern distinct population segment 
(DPS) of Steller sea lion is currently listed as threatened, but NMFS 
has proposed delisting of the eastern DPS (77 FR 23209, April 18, 
2012). These species may occur within the action area. NMFS' Office of 
Protected Resources initiated formal consultation on the issuance of an 
IHA under section 101(a)(5)(A) of the MMPA for the takes of Southern 
Resident killer whales, humpback whales, and the eastern DPS of Steller 
sea lions. This consultation is complete, with the determination in a 
Biological Opinion that the activity is not likely to jeopardize the 
continued existence of the eastern DPS of Steller sea lions, Southern 
Resident killer whales, and humpback whales. In addition, the activity 
will not destroy or adversely modify designated critical habitat for 
Southern Resident killer whales.

National Environmental Policy Act (NEPA)

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as implemented by the regulations published 
by the Council on Environmental Quality (40 CFR parts 1500-1508), and 
NOAA Administrative Order 216-6, NMFS prepared an Environmental 
Assessment (EA) to consider the direct, indirect, and cumulative 
effects to marine mammals and other applicable environmental resources 
resulting from issuance of a one-year IHA and the potential issuance of 
additional authorizations for incidental harassment for the ongoing 
project. NMFS has made a Finding of No Significant Impact (FONSI) and, 
therefore, it is not necessary to prepare an environmental impact 
statement for the issuance of an IHA to WSF for this activity.
    As a result of these determinations, NMFS has issued an IHA to the 
WSF to incidentally take marine mammals during in-water construction 
activities associated with the Port Townsend ferry terminal transfer 
span replacement project in Port Townsend, WA, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: November 9, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-28345 Filed 11-20-12; 8:45 am]
BILLING CODE 3510-22-P