Taking of Marine Mammals Incidental to Specified Activities; Mukilteo Ferry Terminal Construction Work, 43424-43429 [2014-17524]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43424-43429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17524]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC863


Taking of Marine Mammals Incidental to Specified Activities; 
Mukilteo Ferry Terminal Construction Work

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

ACTION: Notice; issuance of an incidental take authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to the Washington State 
Department of Transportation (WSDOT) to take, by harassment, small 
numbers of eight species of marine mammals incidental to construction 
activities at the Mukilteo Multimodal Ferry Terminal in Mukilteo, 
Snohomish County, Washington, between September 2014 and August 2015.

DATES: Effective September 1, 2014, through August 31, 2015.

ADDRESSES: Requests for information on the incidental take 
authorization should be addressed to Jolie Harrison, Supervisor, 
Incidental Take Program, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. A copy of the application containing 
a list of the references used in this document, NMFS' Environmental 
Assessment (EA), Finding of No Significant Impact (FONSI), and the IHA 
may be obtained by writing to the address specified above or visiting 
the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Shane Guan, 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 specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An 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 U.S. can apply for a one-year authorization to 
incidentally take small numbers of marine mammals by harassment, 
provided that there is no potential for serious injury or mortality to 
result from the activity. Section 101(a)(5)(D) establishes a 45-day 
time limit for NMFS review of an application followed by a 30-day 
public notice and comment period on any proposed authorizations for the 
incidental harassment of marine mammals. Within 45 days of the close of 
the comment period, NMFS must either issue or deny the authorization.

Summary of Request

    On August 30, 2013, WSF submitted a request to NMFS requesting an 
IHA for the possible harassment of small numbers of eight marine mammal 
species incidental to construction work associated with the Mukilteo 
Ferry Terminal replacement project in Mukilteo, Snohomish County, 
Washington. The new terminal will be located to the east of the 
existing location at the site of the former U.S. Department of Defense 
Fuel Supply Point facility, known as the Tank Farm property, which 
includes a large pier extending into Possession Sound (Figure 1-3 of 
the WSF IHA application). Completion of the entire project will occur 
over 4 consecutive years. WSF plans to submit an IHA request for each 
consecutive year of construction. The current IHA application is for 
the first year of construction, which is limited to removing the Tank 
Farm Pier.
    After receiving NMFS's comment, on October 17, 2013, WSF submitted 
a revised IHA application. The action discussed in this document is 
based on WSF's October 17, 2013, IHA application.

Description of the Specified Activity

    Detailed description of the WSDOT's Mukilteo Ferry Terminal 
construction activities is provided in the Federal Register notice for 
the proposed IHA (78 FR 72643; December 3, 2013). Since that time, no 
changes have been made to the proposed construction activities at the 
Mukilteo Ferry Terminal. Therefore, a detailed description is not 
provided here. Please refer to that Federal Register notice for the 
description of the specific activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to WSDOT was published 
in the Federal Register on December 3, 2013. That notice described, in 
detail, WSDOT's activity, the marine mammal species that may be 
affected by the activity, and the anticipated effects on marine 
mammals. During the 30-day public comment period, NMFS received 
comments from the Marine Mammal Commission (Commission). The Commission 
recommends NMFS issue the IHA to WSDOT, subject to inclusion of the 
proposed mitigation and monitoring measures described in the proposed 
IHA. NMFS agrees with the Commission's recommendation and issued the 
IHA with mitigation and monitoring measures described below.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction most likely to 
occur in the construction area include Pacific harbor seal (Phoca 
vitulina richardsi), California sea lion (Zalophus californianus), 
Steller sea lion (Eumetopias jubatus), harbor porpoise (Phocoena 
phocoena), Dall's porpoise (Phocoenoides dalli), killer whale (Orcinus 
orca), gray whale (Eschrichtius robustus), and humpback whale 
(Megaptera novaeangliae).

[[Page 43425]]

    General information on the marine mammal species found in the 
vicinity of the project area in Washington waters can be found in 
Caretta et al. (2011), which is available at the following URL: https://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf. Specific information 
concerning these species in the vicinity of the action area is provided 
in the Federal Register notice for the proposed IHA and in WSDOT's IHA 
application. Therefore, it is not repeated here.

Potential Effects of the Specified Activity on Marine Mammals

    The effects of underwater noise from in-water vibratory pile 
removal associated with the Mukilteo Ferry Terminal Tank Farm removal 
has the potential to result in behavioral harassment of marine mammal 
species and stocks in the vicinity of the action area. The Notice of 
Proposed IHA included a discussion of the effects of anthropogenic 
noise on marine mammals, which is not repeated here. No instances of 
hearing threshold shifts, injury, serious injury, or mortality are 
expected as a result of WSDOT's activities given the strong likelihood 
that marine mammals would avoid the immediate vicinity of the pile 
driving area.

Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammals and other marine 
species are associated with elevated sound levels, but the project may 
also result in additional effects to marine mammal prey species and 
short-term local water turbidity caused by in-water construction due to 
pile removal and pile driving. These potential effects are discussed in 
detail in the Federal Register notice for the proposed IHA and are not 
repeated here.

Potential Impacts on Availability of Affected Species or Stocks for 
Taking for Subsistence Uses

    No subsistence harvest of marine mammals occurs in the action area.

Mitigation Measures

    In order to issue an incidental take authorization under Section 
101(a)(5)(D) of the MMPA, NMFS must prescribe, where applicable, 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.
    For WSDOT's Mukilteo Ferry Terminal construction work, NMFS is 
requiring WSDOT to implement the following mitigation measures to 
minimize the potential impacts to marine mammals in the project 
vicinity as a result of the in-water construction activities.
    Since the measured source levels (at 16 m) of the vibratory hammer 
involved in pile removal are below NMFS current thresholds for Level A 
takes, i.e., below 180 dB re 1 [mu]Pa (rms), no exclusion zone would be 
established, and there would be no required power-down and shutdown 
measures. In addition, as discussed in the Federal Register notice for 
the proposed IHA, the ambient noise level at the proposed work site is 
approximately 122 dB re 1 [mu]Pa. WSF would establish and monitor a 
zone of influence (ZOI) where the received level falls to this ambient 
noise level.
    One major mitigation measure for WSDOT's proposed pile removal 
activities at the Mukilteo Tank Farm Pier is ramping up, or soft start, 
of vibratory pile hammers. The purpose of this procedure is to reduce 
the startling behavior of marine mammals in the vicinity of the 
proposed construction activity from sudden loud noise.
    Soft start requires contractors to initiate noise from vibratory 
hammers for 15 seconds at reduced energy followed by a 1-minute waiting 
period. The procedure will be repeated two additional times. Each day, 
WSF will use the soft-start technique at the beginning of pile removal, 
or if pile removal has ceased for more than one hour.
    To ensure that marine mammal takes will not exceed the authorized 
levels, monitoring for marine mammal presence will take place 30 
minutes before, during and 30 minutes after pile driving to ensure that 
marine mammals takes will not exceed the authorized levels.
    If the number of any allotted marine mammal takes (see Estimated 
Take by Incidental Harassment section below) reaches the limit under 
the IHA (if issued), WSDOT would implement shutdown and power down 
measures if such species/stock of animal approaches the Level B 
harassment zone.
    Especially, to ensure that the Level B takes of Southern Resident 
killer whales (SRKW) does not exceed 5% of its population, shutdown 
measures will be taken when SRKW approach the ZOI during vibratory pile 
removal. Pile removal will not resume until the SRKW exit the ZOI.
    If killer whales approach the ZOI during vibratory pile removal, 
and it is unknown whether they are SRKW or transient, it shall be 
assumed they are SRKW and work will be paused until the whales exit the 
ZOI.
    If a SRKW or an unidentified killer whale enters the ZOI 
undetected, up to 4 `unintentional' Level B harassment takes will be 
allowed. Work will be paused until the killer whale exits the ZOI to 
avoid further Level B harassment take.
    Furthermore, the contractor shall regularly check fuel hoses, oil 
drums, oil or fuel transfers valves, fittings, etc. for leaks, and 
shall maintain and store materials properly to prevent spills.

Mitigation Conclusions

    Based on our evaluation of the prescribed mitigation measures, NMFS 
has determined the measures provide the means of effecting the least 
practicable impact on marine mammal species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.

Monitoring and Reporting

Monitoring Measures

    Any ITA issued under Section 101(a)(5)(D) of the MMPA is required 
to prescribe, where applicable, ``requirements pertaining to the 
monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) state that requests for ITAs 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 in the action area.
(1) Marine Mammal Monitoring Coordination
    WSF will conduct briefings with the construction supervisors and 
the crew, and marine mammal observer(s) prior to the start of pier 
removal to discuss marine mammal monitoring protocol and requirement to 
halt work.
    Prior to the start of pile driving, the Orca Network and/or Center 
for Whale Research would be contacted to find out the location of the 
nearest marine mammal sightings. The Orca Sightings Network consists of 
a list of over 600 (and growing) residents, scientists, and government 
agency personnel in the U.S. and Canada. Sightings are called or 
emailed into the Orca Network and immediately distributed to other 
sighting networks including: The Northwest Fisheries Science Center of 
NMFS, the Center for Whale Research, Cascadia Research, the Whale 
Museum

[[Page 43426]]

Hotline and the British Columbia Sightings Network.
    Sightings information collected by the Orca Network includes 
detection by hydrophone. The SeaSound Remote Sensing Network is a 
system of interconnected hydrophones installed in the marine 
environment of Haro Strait (west side of San Juan Island) to study orca 
communication, in-water noise, bottomfish ecology and local climatic 
conditions. A hydrophone at the Port Townsend Marine Science Center 
measures average in-water sound levels and automatically detects 
unusual sounds. These passive acoustic devices allow researchers to 
hear when different marine mammals come into the region. This acoustic 
network, combined with the volunteer (incidental) visual sighting 
network allows researchers to document presence and location of various 
marine mammal species.
    With this level of coordination in the region of activity, WSF 
would be able to get real-time information on the presence or absence 
of whales before starting any pile removal or driving.
(2) Protected Species Observers (PSOs)
    WSDOT will employ qualified PSOs to monitor the 120 
dBrms re 1 [mu]Pa for marine mammals. Qualifications for 
marine mammal observers include:
     Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance. Use of binoculars 
will be necessary to correctly identify the target.
     Experience or training in the field identification of 
marine mammals (cetaceans and pinnipeds).
     Sufficient training, orientation or experience with the 
construction operation to provide for personal safety during 
observations.
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area as necessary.
     Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience).
     Writing skills sufficient to prepare a report of 
observations that would include such information as the number and type 
of marine mammals observed; the behavior of marine mammals in the 
project area during construction, dates and times when observations 
were conducted; dates and times when in-water construction activities 
were conducted; and dates and times when marine mammals were present at 
or within the defined ZOI; dates and times when pile removal was paused 
due to the presence of marine mammals.
(3) Monitoring Protocols
    PSOs will be present on site at all times during pile removal. 
Marine mammal behavior, overall numbers of individuals observed, 
frequency of observation, and the time corresponding to the daily tidal 
cycle would be recorded.
    WSF proposes the following methodology to estimate marine mammals 
that were taken as a result of the proposed Mukilteo Multimodal Tank 
Farm Pier removal project:
     During vibratory pile removal, two land-based biologists 
will monitor the area from the best observation points available. If 
weather conditions prevent adequate land-based observations, boat-based 
monitoring may be implemented.
     To verify the required monitoring distance, the vibratory 
Level B behavioral harassment ZOI will be determined by using a range 
finder or hand-held global positioning system device.
     The vibratory Level B acoustical harassment ZOI will be 
monitored for the presence of marine mammals 30 minutes before, during, 
and 30 minutes after any pile removal activity.
     Monitoring will be continuous unless the contractor takes 
a significant break, in which case, monitoring will be required 30 
minutes prior to restarting pile removal.
     If marine mammals are observed, their location within the 
ZOI, and their reaction (if any) to pile-driving activities will be 
documented.
    NMFS has determined that the monitoring measures described above 
are adequate, particularly as they relate to assessing the level of 
taking or impacts to affected species. The land-based PSO is expected 
to be positioned in a location that will maximize his/her ability to 
detect marine mammals and will also utilize binoculars to improve 
detection rates.

Reporting Measures

    WSF will provide NMFS with a draft monitoring report within 90 days 
of the conclusion of the proposed construction work. This report will 
detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed.
    If comments are received from the NMFS West Coast Regional 
Administrator or NMFS Office of Protected Resources on the draft 
report, a final report will be submitted to NMFS within 30 days 
thereafter. If no comments are received from NMFS, the draft report 
will be considered to be the final report.

Notification of Injured or Dead Marine Mammals

    In addition to the reporting measures listed above, NMFS will 
require that WSDOT notify NMFS' Office of Protected Resources and NMFS' 
Stranding Network of sighting an injured or dead marine mammal in the 
vicinity of marine operations. Depending on the circumstance of the 
incident, WSDOT shall take one of the following reporting protocols 
when an injured or dead marine mammal is discovered in the vicinity of 
the action area.
    (A) In the unanticipated event that the construction activities 
clearly cause the take of a marine mammal in a manner prohibited by 
this Authorization, such as an injury, serious injury or mortality 
(e.g., ship-strike, gear interaction, and/or entanglement), WSDOT shall 
immediately cease all operations and immediately report the incident to 
the Supervisor of Incidental Take Program, Permits and Conservation 
Division, Office of Protected Resources, NMFS, and the West Coast 
Regional Stranding Coordinators. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) description of the incident;
    (iii) status of all sound source use in the 24 hours preceding the 
incident;
    (iv) environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility, and water depth);
    (v) description of marine mammal observations in the 24 hours 
preceding the incident;
    (vi) species identification or description of the animal(s) 
involved;
    (vii) the fate of the animal(s); and
    (viii) photographs or video footage of the animal (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with WSDOT to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. WSDOT may not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (B) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
WSDOT will

[[Page 43427]]

immediately report the incident to the Supervisor of the Incidental 
Take Program, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the West Coast Regional Stranding Coordinators. 
The report must include the same information identified above. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with WSDOT to determine whether modifications 
in the activities are appropriate.
    (C) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), WSDOT shall report the incident to 
the Supervisor of the Incidental Take Program, Permits and Conservation 
Division, Office of Protected Resources, NMFS, and the West Coast 
Regional Stranding Coordinators, within 24 hours of the discovery. 
WSDOT shall provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting to NMFS and the 
Marine Mammal Stranding Network. WSDOT can continue its operations 
under such a case.

Estimated Take by Incidental Harassment

    As mentioned in the Federal Register notice for the proposed IHA, a 
worst-case scenario for Year One pile removal assumes that it may take 
516 hours over 90 days in Year One to remove 1,835 piles. The actual 
number of hours, however, is expected to be less.
    Also, as described earlier, for non-impulse noise, NMFS uses 120 dB 
re 1 [mu]Pa (rms) as the threshold for Level B behavioral harassment. 
However, the underwater ambient noise measurements conducted at the 
proposed project site indicate that the nominal noise level is around 
122 dB re 1 [mu]Pa. Therefore, the distance to the 122 dB (ambient 
level) contour is used for Level B behavioral harassment. The distance 
to the 122 dB contour Level B acoustical harassment threshold due to 
vibratory pile removal extends a maximum of 1.6 km (1 mile), and 
determines the ZOI. The ZOI would be monitored during pile removal to 
estimate actual harassment take of marine mammals.
    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 37 m (123 ft), and the 
airborne 100 dB Level B threshold for all other pinnipeds is estimated 
at 12 m (39 ft).
    The closest documented harbor seal haul-out is the Naval Station 
Everett floating security fence, and the Port Gardner log booms, both 
approximately 4.5 miles to the northeast of the project site). The 
closest documented California sea lion haul out site are the Everett 
Harbor navigation buoys, located approximately 3 miles to the northeast 
of the project site. In-air disturbance will be limited to those 
animals moving on the surface through the immediate pier area, within 
approximately 37 m (123 ft) and 12 m (39 ft) of vibratory pile removal.
    Incidental take for each species is estimated by determining the 
likelihood of a marine mammal being present within a ZOI during active 
pile removal. Expected marine mammal presence is determined by past 
observations and general abundance near the Tank Farm Pier during the 
construction window. Typically, potential 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 given moment. However, there are no density estimates for any 
Puget Sound population of marine mammal. As a result, 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 observations from Navy biologists.
    Based on the estimates, approximately 1,170 Pacific harbor seals, 
540 California sea lions, 180 Steller sea lions, 720 harbor porpoises, 
270 Dall's porpoises, 39 killer whales (35 transient, 4 Southern 
Resident killer whales), 70 gray whales, and 28 humpback whales could 
be exposed to received sound levels above 122 dB re 1 [mu]Pa (rms) from 
the proposed Mukilteo Multimodal Project Tank Farm Pier removal 
project. A summary of the estimated takes is presented in Table 1.

   Table 1--Estimated Numbers of Marine Mammals That May Be Exposed to
       Received Pile Removal Levels Above 122 dB re 1 [mu]Pa (rms)
------------------------------------------------------------------------
                                             Estimated
                 Species                  marine  mammal    Percentage
                                               takes
------------------------------------------------------------------------
Pacific harbor seal.....................           1,170             4.0
California sea lion.....................             540             0.2
Steller sea lion........................             180             0.3
Harbor porpoise.........................             720             7.0
Dall's porpoise.........................             270             0.6
Killer whale, transient.................              35             9.8
Killer whale, Southern Resident.........               4             5.0
Gray whale..............................              70             0.4
Humpback whale..........................              20             1.0
------------------------------------------------------------------------

    The requested takes represent 4.0% of the Inland Washington stock 
harbor seals (estimated at 32,000), 0.2% of the U.S. stock California 
sea lion (estimated at 296,750), 0.3% of the eastern stock Steller sea 
lion (estimated at 52,847), 7.0% of the Washington Inland Water stock 
harbor porpoise (estimated at 10,682), 0.6% of the California, Oregon, 
and Washington stock Dall's porpoise (estimated at 42,000), 9.8% of the 
West Coast transient killer whale (estimated at 354), 5.0% of Southern 
Resident killer whale (estimated at 82), 0.4% of the Eastern North 
Pacific stock gray whale (estimated at 18,017), and 1.0% of the Eastern 
North Pacific stock humpback whale (estimated at 2,043).

Negligible Impact and Small Numbers Analysis and Determination

    Pursuant to NMFS' regulations implementing the MMPA, an applicant 
is required to estimate the number of animals that will be ``taken'' by 
the specified activities (i.e., takes by harassment only, or takes by 
harassment, injury, and/or death). This

[[Page 43428]]

estimate informs the analysis that NMFS must perform to determine 
whether the activity will have a ``negligible impact'' on the species 
or stock. Level B (behavioral) harassment occurs at the level of the 
individual(s) and does not assume any resulting population-level 
consequences, though there are known avenues through which behavioral 
disturbance of individuals can result in population-level effects. A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes 
alone is not enough information on which to base an impact 
determination.
    In addition to considering estimates of the number of marine 
mammals that might be ``taken'' through behavioral harassment, NMFS 
considers other factors, such as the likely nature of any responses 
(their intensity, duration, etc.), the context of any responses 
(critical reproductive time or location, migration, etc.), as well as 
the number and nature of estimated Level A takes, the number of 
estimated mortalities, and effects on habitat.
    The WSF's Mukilteo Tank Farm Pier removal project would conduct 
vibratory pile removal activities. Elevated underwater noises are 
expected to be generated as a result of pile removal. However, noise 
levels from the machinery and activities are not expected to reach to 
the level that may cause TTS, injury (PTS included), or mortality to 
marine mammals. Therefore, NMFS does not expect that any animals would 
experience Level A harassment or Level B harassment in the form of TTS 
from being exposed to in-water pile driving and pile removal associated 
with WSF construction project.
    Based on long-term marine mammal monitoring and studies in the 
vicinity of the construction areas, it is estimated that approximately 
1,170 Pacific harbor seals, 540 California sea lions, 180 Steller sea 
lions, 720 harbor porpoises, 270 Dall's porpoises, 39 killer whales (35 
transient, 4 Southern Resident killer whales), 70 gray whales, and 20 
humpback whales could be exposed to received noise levels above 122 
dBrms re 1 [mu]Pa from the proposed construction work at the 
Mukilteo Multimodal Ferry Terminal. These numbers represent 
approximately 0.2%-9.8% of the stocks and populations of these species 
that could be affected by Level B behavioral harassment. These 
percentages are small relative to the overall size of each species or 
stock. As mentioned earlier in this document, the worst case scenario 
for the proposed pile removal work would only take a total of 516 hours 
over 90 days.
    In addition, these low intensity, localized, and short-term noise 
exposures may cause brief startle reactions or short-term behavioral 
modification by the animals. These reactions and behavioral changes are 
expected to subside quickly when the exposures cease. Additionally, no 
important feeding and/or reproductive areas for marine mammals are 
known to be near the proposed action area. Therefore, the take 
resulting from the proposed Mukilteo Tank Farm Pier removal project is 
not reasonably expected to, and is not reasonably likely to, adversely 
affect the marine mammal species or stocks through effects on annual 
rates of recruitment or survival. The maximum estimated 122 dB 
isopleths from vibratory pile driving is approximately 1.6 km from the 
pile before being blocked by landmass.
    The closest documented harbor seal haul-out is the Naval Station 
Everett floating security fence, and the Port Gardner log booms, both 
approximately 4.5 miles to the northeast of the project area. The 
closest documented California sea lion haul-out sites are the Everett 
Harbor navigation buoys, located approximately 3 miles to the northeast 
of the project site. However, it is estimated that airborne noise from 
vibratory pile removal would fall below 90 dB and 100 dB re 1 20 [mu]Pa 
at 37 m and 12 m from the pile, respectively. Therefore, pinnipeds 
hauled out in the vicinity of the project area will not be affected.
    For the reasons discussed in this document, NMFS has determined 
that the vibratory pile removal associated with the Mukilteo Tank Farm 
Pier Removal Project would result, at worst, in the Level B harassment 
of small numbers of eight marine mammal species that inhabit or visit 
the area. While behavioral modifications, including temporarily 
vacating the area around the project site, may be made by these species 
to avoid the resultant visual and acoustic disturbance, the 
availability of alternate areas within Washington coastal waters and 
haul-out sites has led NMFS to determine that this action will have a 
negligible impact on these species in the vicinity of the proposed 
project area.
    In addition, no take by TTS, Level A harassment (injury) or death 
is anticipated and harassment takes should be at the lowest level 
practicable due to incorporation of the mitigation and monitoring 
measures mentioned previously in this document.

National Environmental Policy Act (NEPA)

    NMFS prepared an Environmental Assessment (EA) and analyzed the 
potential impacts to marine mammals that would result from WSDOT's 
Mukilteo Ferry Terminal construction work. A Finding of No Significant 
Impact (FONSI) was signed on February 28, 2014. A copy of the EA and 
FONSI is available upon request (see ADDRESSES).

Endangered Species Act (ESA)

    The humpback whale and Southern Resident stock of killer whale are 
the only marine mammal species currently listed under the ESA that 
could occur in the vicinity of WSF's proposed construction projects. 
Under section 7 of the ESA, the Federal Transit Administration (FTA) 
and WSDOT have consulted with NMFS Northwest Regional Office (NWRO) on 
the proposed WSF Mukilteo Ferry Terminal Multimodal Project. NWRO 
issued a Biological Opinion on July 31, 2013, which concludes that the 
proposed Mukilteo Ferry Terminal Multimodal Project may affect, but is 
not likely to adversely affect the listed marine mammal species and 
stocks.
    The issuance of an IHA to WSF constitutes an agency action that 
authorizes an activity that may affect ESA-listed species and, 
therefore, is subject to section 7 of the ESA. As the effects of the 
activities on listed marine mammals were analyzed during a formal 
consultation between the FTA and NMFS, and as the underlying action has 
not changed from that considered in the consultation, the discussion of 
effects that are contained in the Biological Opinion and accompanying 
memo issued to the FTA on July 31, 2013, pertains also to this action. 
Therefore, NMFS has determined that issuance of an IHA for this 
activity would not lead to any effects to listed marine mammal species 
apart from those that were considered in the consultation on FTA's 
action.

Authorization

    NMFS has issued an IHA to WSDOT for the potential harassment of 
small numbers of eight marine mammal species incidental to construction 
work at the Mukilteo Ferry Terminal in Washington State, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.


[[Page 43429]]


    Dated: March 19, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-17524 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-22-P