Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Coast Guard Station Monterey Waterfront Repairs in Monterey, California, 57052-57057 [2014-22618]
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Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices
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Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to U.S. Coast
Guard Station Monterey Waterfront
Repairs in Monterey, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
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AGENCY:
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 United States Coast Guard
SUMMARY:
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(USCG) to take, by harassment, small
numbers of seven species of marine
mammals incidental to pile driving
associated with the USCG’s Station
Monterey waterfront repair project in
Monterey, California, between June 1,
2015, through September 1, 2015.
DATES: Effective October 1, 2014,
through September 30, 2015.
ADDRESSES: A copy of the application
containing a list of the references used
in this document, USCG’s
Environmental Assessment (EA),
Finding of No Significant Impact
(FONSI), and the IHA may be obtained
by telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT)
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 1315 East West
Highway, Silver Spring, MD 20910.
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.’’
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
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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
On June 27, 2013, NMFS received an
application from USCG for the taking of
marine mammals incidental to its
Station Monterey waterfront repairs
project. The purpose of the proposed
activity is to improve and maintain the
structural integrity of the patrol boat
pier (Pier) and potable waterline at
USCG Station Monterey through the
replacement of Pier piles and the water
line. On March 12, 2014, NMFS
published a Federal Register notice (FR
79 13991) for the proposed IHA. No
changes was made for the proposed
USCG’s waterfront repair project as
described in the proposed IHA except
the project duration was changed to
June 1 through September 1, 2015, from
the original June 15 through October 15,
2014, due to funding and other
constraints. Please refer to Federal
Register notice for the proposed IHA for
a detailed description of the project
activities.
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to USCG was published in the
Federal Register on March 12, 2014 (79
FR 13991). That notice described, in
detail, USCG’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 USCG, subject to inclusion
of the proposed mitigation and
monitoring measures described in the
proposed IHA. NMFS agrees with the
Commission’s recommendation and has
issued the IHA with mitigation and
monitoring measures described below.
No other comment letters were received
on the proposed action.
Description of Marine Mammals in the
Area of the Specified Activity
The Federal Register notice (79 FR
13991) for the proposed IHA and in
USCG’s IHA application identified six
marine mammal species under NMFS
jurisdiction likely to occur in the
construction area: Pacific harbor seal
(Phoca vitulina richardsi), California sea
lion (Zalophus californianus), Steller
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sea lion (Eumetopias jubatus), killer
whale (Orcinus orca), gray whale
(Eschrichtius robustus), and humpback
whale (Megaptera novaeangliae).
Subsequence analyses identified
additional two species that could also
occur in the action area: Risso’s dolphin
(Grampus griseus) and bottlenose
dolphin (Tursiops truncatus). In
addition, the density of harbor porpoise
was updated based on new information
provided by Carretta et al. (2009). This
new information was included later in
take number estimates (please see
‘‘Estimated Take by Incidental
Harassment’’ section).
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. (2012),
which is available at the following URL:
https://www.nmfs.noaa.gov/pr/pdfs/sars/
po2012.pdf.
Potential Effects of the Specified
Activity on Marine Mammals
The effects of underwater noise from
in-water pile driving and pile removal
associated with the waterfront repair
activities at the USCG’s Station
Monterey has the potential to result in
Level B (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 USCG’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.
Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable 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).
For the proposed USCG Station
Monterey waterfront repair activities,
NMFS requires that USCG implement
the following mitigation measures to
minimize the potential impacts to
marine mammals in the project vicinity.
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Use of Noise Attenuation Devices
Bubble curtains for noise attenuation
will be used during all impact pile
driving to interrupt the acoustic
pressure and reduce the impact on
marine mammals. By reducing
underwater sound pressure levels at the
source, bubble curtains would reduce
the area over which both Level A and
B harassment would occur, thereby
potentially reducing the numbers of
marine mammals affected.
With the bubble curtain system in
place, the exclusion zone within which
marine mammal injury could occur is
eliminated.
Time Restriction
Work would occur only during
daylight hours when visual monitoring
of marine mammals can be
implemented.
Establishment of Level B Harassment
Zones of Influence
Before the commencement of in-water
pile driving activities, USCG shall
establish Level B behavioral harassment
zones of influence (ZOIs) where
received underwater sound pressure
levels (SPLs) are higher than 160 dB
(rms) and 120 dB (rms) re 1 mPa for
impulse noise sources (impact pile
driving) and non-impulses noise sources
(vibratory pile driving and mechanic
dismantling), respectively. The modeled
maximum isopleths for ZOIs are listed
in Table 1.
TABLE 1—MODELED LEVEL B HARASSMENT ZONES OF INFLUENCE FOR VARIOUS PILE DRIVING ACTIVITIES
Distance to 120 dB re
1 μPa (rms) (m)
Pile driving activities
Distance to 160 dB re
1 μPa (rms) (m)
2,400
NA
NA
465
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Vibratory pile driving ........................................................................................................................
Impact pile driving (with bubble curtain) ..........................................................................................
Once the underwater acoustic
measurements are conducted during
initial test pile driving, USCG shall
adjust the size of the ZOIs, and monitor
these zones as described under the
Proposed Monitoring section below.
NMFS-approved protected species
observers (PSOs) shall conduct initial
survey of the exclusion zones to ensure
that no marine mammals are seen
within the zones before impact pile
driving of a pile segment begins. If
marine mammals are found within the
exclusion zone, impact pile driving of
the segment would be delayed until
they move out of the area. If a marine
mammal is seen above water and then
dives below, the contractor would wait
15 minutes for pinnipeds and harbor
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porpoise and 30 minutes for gray and
killer whales. If no marine mammals are
seen by the observer in that time it can
be assumed that the animal has moved
beyond the exclusion zone. These
criteria are based on scientific evidence
that harbor seals in San Francisco Bay
dive for a mean time of 0.50 minutes to
3.33 minutes (Harvey and Torok, 1994),
and the mean diving duration for harbor
porpoises ranges from 44 to 103 seconds
(Westgate et al., 1995).
Soft Start
A ‘‘soft-start’’ technique is intended to
allow marine mammals to vacate the
area before the pile driver reaches full
power. For vibratory hammers, the
contractor will initiate the driving for 15
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seconds at reduced energy, followed by
a 1-minute waiting period when there
has been downtime of 30 minutes or
more. This procedure shall be repeated
two additional times before continuous
driving is started. This procedure would
also apply to vibratory pile extraction.
For impact driving, an initial set of
three strikes would be made by the
hammer at 40 percent energy, followed
by a 1-minute waiting period, then two
subsequent three-strike sets before
initiating continuous driving.
Shutdown Measures
Although no marine mammal
exclusion zone exists due to the
implementation of noise attenuation
devices (i.e., bubble curtain), USCG
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shall discontinue pile driving or pile
removal activities if a marine mammal
within the ZOI appears disturbed by the
work activity. Work may not resume
until the animal leaves the ZOI, or the
required minutes have passed before the
disturbed animal is last sighted.
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Mitigation Conclusions
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
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:
• The manner in which, and the
degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals.
• The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned.
• The practicability of the measure
for applicant implementation.
Any mitigation measure(s) prescribed
by NMFS should be able to accomplish,
have a reasonable likelihood of
accomplishing (based on current
science), or contribute to the
accomplishment of one or more of the
general goals listed below:
(1) Avoidance or minimization of
injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may
contribute to this goal).
(2) A reduction in the numbers of
marine mammals (total number or
number at biologically important time
or location) exposed to received levels
of pile driving and pile removal or other
activities expected to result in the take
of marine mammals (this goal may
contribute to 1, above, or to reducing
harassment takes only).
(3) A reduction in the number of
times (total number or number at
biologically important time or location)
individuals would be exposed to
received levels of pile driving and pile
removal, or other activities expected to
result in the take of marine mammals
(this goal may contribute to 1, above, or
to reducing harassment takes only).
(4) A reduction in the intensity of
exposures (either total number or
number at biologically important time
or location) to received levels of pile
driving, or other activities expected to
result in the take of marine mammals
(this goal may contribute to a, above, or
to reducing the severity of harassment
takes only).
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(5) Avoidance or minimization of
adverse effects to marine mammal
habitat, paying special attention to the
food base, activities that block or limit
passage to or from biologically
important areas, permanent destruction
of habitat, or temporary destruction/
disturbance of habitat during a
biologically important time.
(6) For monitoring directly related to
mitigation—an increase in the
probability of detecting marine
mammals, thus allowing for more
effective implementation of the
mitigation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS,
NMFS has determined that the proposed
mitigation measures provide the means
of effecting the least practicable impact
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 ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must 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 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 proposed
action area. USCG submitted a marine
mammal monitoring plan as part of the
IHA application. The plan can be found
at https://www.nmfs.noaa.gov/pr/
permits/incidental.htm.
Monitoring measures prescribed by
NMFS should accomplish one or more
of the following general goals:
(1) An increase in the probability of
detecting marine mammals, both within
the mitigation zone (thus allowing for
more effective implementation of the
mitigation) and in general to generate
more data to contribute to the analyses
mentioned below;
(2) An increase in our understanding
of how many marine mammals are
likely to be exposed to levels of pile
driving that we associate with specific
adverse effects, such as behavioral
harassment, temporary threshold shift
(TTS), or permanent threshold shift
(PTS); and
(3) An increase in our understanding
of how marine mammals respond to
stimuli expected to result in take and
how anticipated adverse effects on
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individuals (in different ways and to
varying degrees) may impact the
population, species, or stock
(specifically through effects on annual
rates of recruitment or survival) through
any of the following methods:
D Behavioral observations in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
received level, distance from source,
and other pertinent information);
D Physiological measurements in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
received level, distance from source,
and other pertinent information);
D Distribution and/or abundance
comparisons in times or areas with
concentrated stimuli versus times or
areas without stimuli;
(4) An increased knowledge of the
affected species; and
(5) An increase in our understanding
of the effectiveness of certain mitigation
and monitoring measures.
Monitoring Measures
USCG shall employ NMFS-approved
protected species observers (PSOs) to
conduct marine mammal monitoring for
its Station Monterey waterfront repair
project.
Before the start of the waterfront
repair work, baseline biological
monitoring shall be conducted to survey
the potential Level A and B harassment
zones on 2 separate days within 1 week
before the first day of construction.
Biological information collected during
baseline monitoring will be used for
comparison with results of monitoring
during pile driving and removal
activities.
Monitoring of marine mammals
around the construction site shall be
conducted using high-quality binoculars
(e.g., Zeiss, 10 × 42 power).
Marine mammal visual monitoring
shall be conducted from the best
vantage point available, including the
USCG pier, jetty, adjacent docks within
the harbor, to maintain an excellent
view of the exclusion zone and adjacent
areas during the survey period.
Monitors would be equipped with
radios or cell phones for maintaining
contact with work crews.
Vessel-based visual marine mammal
monitoring within the 120 dB and 160
dB ZOIs shall be conducted during 10%
of the vibratory pile driving and
removal and impact pile driving
activities, respectively.
Data collection during marine
mammal monitoring will consist of a
count of all marine mammals by
species, a description of behavior (if
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possible), location, direction of
movement, type of construction that is
occurring, time that pile replacement
work begins and ends, any acoustic or
visual disturbance, and time of the
observation. Environmental conditions
such as weather, visibility, temperature,
tide level, current and sea state would
also be recorded.
Reporting Measures
USCG would be required to submit
weekly monitoring reports that
summarize the monitoring results,
construction activities and
environmental conditions to NMFS.
A final report would be submitted to
NMFS within 90 days after completion
of the proposed project.
In addition, NMFS requires USCG to
notify NMFS’ Office of Protected
Resources and NMFS’ Stranding
Network within 48 hours of sighting an
injured or dead marine mammal in the
vicinity of the construction site. USCG
shall provide NMFS with the species or
description of the animal(s), the
condition of the animal(s) (including
carcass condition if the animal is dead),
location, time of first discovery,
observed behaviors (if alive), and photo
or video (if available).
In the event that an injured or dead
marine mammal is found by USCG that
is not in the vicinity of the Station
Monterey construction site, USCG
would report the same information as
listed above as soon as operationally
feasible to NMFS.
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
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wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
As discussed above, in-water pile
driving (vibratory and impact) and pile
removal generate loud noises that could
potentially harass marine mammals in
the vicinity of the USCG’s proposed
Station Monterey waterfront repair.
Currently NMFS uses 120 dB re 1 mPa
and 160 dB re 1 mPa at the received
levels for the onset of Level B
harassment for non-impulse (vibratory
pile driving and removal) and impulse
sources (impact pile driving)
underwater, respectively. For airborne
noises, NMFS uses 90 dB re 20 mPa and
100 dB re 20 mPa at the received levels
for the onset of Level B harassment for
harbor seal and all pinnipeds except
harbor seal, respectively. Table 2
summarizes the current NMFS marine
mammal take criteria.
TABLE 2—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND
Criterion
Criterion definition
Threshold
Underwater Noise
Level A Harassment (Injury) .........
Permanent Threshold Shift (PTS) (Any level above that which
is known to cause TTS).
Level B Harassment .....................
Level B Harassment .....................
Behavioral Disruption (for impulse noises) ..................................
Behavioral Disruption (for non-impulse noise) ............................
180 dB re 1 μPa (cetaceans)/190 dB re 1
μPa (pinnipeds).
root mean square (rms).
160 dB re 1 μPa (rms).
120 dB re 1 μPa (rms).
Airborne Noise
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Level B Harassment .....................
Level B Harassment .....................
Behavioral Disruption (for harbor seal) .......................................
Behavioral Disruption (for pinnipeds other than harbor seal) .....
The take calculations presented here
relied on the best data currently
available for marine mammal
populations at the jetty and in the
nearby waters of Monterey Bay. The
population data used are discussed in
each species take calculation subsection
below. The formula below was
developed for calculating take due to
pile driving and is applied to each
group-specific noise impact threshold.
The formula is founded on the following
assumptions:
• All piles to be installed would have
a noise disturbance distance equal to the
pile that causes the greatest noise
disturbance (i.e., the piling furthest from
shore, in this case the farthest east pile
along the jetty).
• It is estimated that an average of
two or three piles will be installed and
removed per day. The best estimate of
the number of days during which pile
driving would occur is 10 days, and this
was used in all modeling calculations.
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• Mitigation (e.g., a noise attenuation
system such as a bubble curtain) would
be used during impact pile driving.
• An individual animal can only be
taken once per method of installation
during a 24 hour period.
The calculation for marine mammal
take uses the following formula:
Take Estimate = (n × ZOI) × 10 days of
activity
Where:
n (number of animals per unit area) = the
density estimate used for each species. The
unit of area is km2.
ZOI (zone of influence) = the area
encompassed by all locations where the
sound pressure levels equal or exceed the
threshold being evaluated.
Multiplying n × ZOI produces an
estimate of the abundance of animals
that could be present in the area of
exposure per day. The final take
estimate must be a whole number;
therefore, values are rounded up to the
next whole number.
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90 dB re 20 μPa.
100 dB re 20 μPa.
The ZOI impact is the estimated range
of noise impact for a given threshold.
Because the work will be conducted
near the jetty, underwater noise is not
expected to spread spherically from the
source. Underwater noise contours were
therefore modeled using SoundPlan.
The contours were then imported to
ArcGIS to calculate the area within the
contours and determine the ZOI for each
threshold. The ZOI for vibratory pile
driving encompasses the area out to the
120 dB isopleth (Level B threshold),
while the ZOI for impact driving
encompasses the area out to the 160 dB
isopleth (Level B threshold). It is
assumed that an underwater noise
attenuation system, such as a bubble
curtain with an estimated 10 dB
attenuation, would be used as a
mitigation measure. However, the actual
attenuation that will be achieved in the
field is unknown and would likely vary
with each installation.
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Airborne noise would spread
spherically from the source; therefore,
the ZOI for airborne impacts was
calculated as the area within a circle
(Area = pi × radius2).
Although 10 days of total in-water
work are proposed, pile extraction or
driving would only occur periodically
in that time, as described in earlier in
this document. An average work day
(beginning 2 hours after sunrise and
ending 2 hours before sunset) is
approximately 8 to 9 hours, depending
on the month. Although it is anticipated
that only 30 to 70 minutes would be
spent pile driving per day, to take into
account deviations from the estimated
times for pile installation and
extraction—and to account for the
additional use of the impact pile driver
in case of failure of the vibratory
hammer to reach the desired
embedment depth—the potential
impacts were modeled as if the entire
day could be spent pile driving.
The exposure assessment
methodology estimates the number of
individuals that would be exposed,
because of pile extraction and driving
activities, to noise levels that exceed
established NMFS thresholds. Results of
the acoustic impact exposure
assessments should be regarded as
conservative estimates that are strongly
influenced by limited biological data.
Although the numbers generated from
the pile driving exposure calculations
provide estimates of marine mammal
exposures for consideration by NMFS,
the short duration and limited extent of
the repairs would limit actual
exposures.
Based on the modeling results
presented above, it is estimated that up
to 2,099 Level B harassment takes of
various species due to underwater and
airborne noise from impact pile driving
operations, and up to 2,849 Level B
harassment takes of various species
from vibratory pile driving and removal
due to underwater and airborne noise. A
summary of the take estimates is
provided in Table 3.
TABLE 3—SUMMARY OF POTENTIAL MARINE MAMMAL TAKES AND PERCENTAGE OF STOCKS AFFECTED
Estimated take
by level B
harassment
Estimated density
California sea lion ...................................................
Harbor seal .............................................................
Harbor porpoise ......................................................
Killer whale (Eastern North Pacific offshore) .........
Killer whale (west coast transient) .........................
Risso’s dolphin .......................................................
Bottlenose dolphin ..................................................
Gray whale .............................................................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Analysis and Determinations
Negligible Impact
Negligible impact is ‘‘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’’
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel 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 must consider 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
harassment takes, the number of
estimated mortalities, and effects on
habitat.
The USCG’s proposed Station
Monterey waterfront repair project
would conduct pile driving and pile
removal activities. Elevated underwater
noises are expected to be generated as
VerDate Sep<11>2014
18:41 Sep 23, 2014
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Abundance of
stock
Percentage of
stock potentially affected
4,231
396,750
1.06
Stable.
70
77
6
6
10
10
6
30,196
1,492
240
354
6,272
323
19,126
0.20
5.16
2.50
1.70
0.16
3.10
0.03
Stable.
Stable.
Stable.
Stable.
Stable.
Stable.
Stable.
At-sea: 8.62 per km2 .....
Haul-out: 250
0.965 per km2 ................
0.999 per km2 ................
Rare ...............................
Rare ...............................
0.122 per km2 ................
0.122 per km2 ................
Rare ...............................
a result of pile driving and pile removal.
However, USCG would use noise
attenuation devices (i.e., bubble curtain)
during the impact pile driving, thus
eliminating potential for injury (PTS)
and TTS. For vibratory pile driving and
pile removal, noise levels 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
(including injury) harassment or Level B
harassment in the form of TTS from
being exposed to in-water pile driving
and pile removal associated with USCG
construction project.
In addition, the USCG’s proposed
activities are localized and of short
duration. The entire project area is
limited to the USCG’s Station Monterey
pier and jetty. The entire waterfront
repair project would replace 17 timber
piles with small 14-inch steel pipe piles.
The entire duration for pile driving is
expected to be fewer than 10 days,
assuming driving two piles per day. The
duration for driving each pile would be
about 20 to 25 minutes (vibratory or
impact). These low intensity, localized,
and short-term noise exposures may
cause brief startle reactions or shortterm behavioral modification by the
animals. These reactions and behavioral
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Population
trend
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 Station Monterey
waterfront repair 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. 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 proposed
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from USCG Station
Monterey waterfront repair will have a
negligible impact on the affected marine
mammal species or stocks.
Small Number
Based on analyses provided above, it
is estimated that approximately 4,231
California sea lions, 70 Pacific harbor
seals, 77 harbor porpoises, 6 Eastern
North Pacific offshore or West coast
transient killer whales (or a combination
of both stocks), 10 Risso’s dolphins, 10
bottlenose dolphins, and 6 gray whales
could be exposed to received noise
E:\FR\FM\24SEN1.SGM
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Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices
levels that could cause Level B
behavioral harassment from the
proposed construction work at the
USCG Station Monterey. These numbers
represent approximately 0.03%–5.16%
of the stocks and populations of these
species that could be affected by Level
B behavioral harassment.
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 finds that small numbers of
marine mammals will be taken relative
to the populations of the affected
species or stocks.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action. Therefore, NMFS has
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence purposes.
Endangered Species Act (ESA)
No species listed under the ESA are
expected to be affected by these
activities. Therefore, NMFS has
determined that a section 7 consultation
under the ESA is not required.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
National Environmental Policy Act
(NEPA)
In January 2014, the USCG prepared
a Final Environmental Assessment for
Waterfront Repairs at United States
Coast Guard Station Monterey,
Monterey, California (EA) and provided
supplement information on July 30,
2014. NMFS has reviewed the EA and
concluded that the environmental
consequences analyzed are reflect
NMFS’ action of issuance of an IHA to
USCG. Therefore, NMFS determined to
adopt the USCG EA and will not
prepare its own EA or EIS for this
action.
Authorization
NMFS has issued an IHA to USCG for
the potential harassment of small
numbers of marine mammal species
incidental to its waterfront repair
project at Station Monterey in
California, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: September 18, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2014–22618 Filed 9–23–14; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC645
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of extension of public
comment period.
AGENCY:
NMFS is announcing an
extension to the public comment period
for the amended permit to authorize the
incidental, but not intentional, take of
two stocks of marine mammals listed as
threatened or endangered under the
Endangered Species Act (ESA), under
the Marine Mammal Protection Act
(MMPA), by the California (CA) thresher
shark/swordfish drift gillnet fishery
(>14 in mesh) and the Washington
(WA)/Oregon (OR)/CA sablefish pot
fishery. On August 25, 2014, NMFS
solicited comments from the public on
the draft negligible impact
determination and on the proposal to
issue a permit to vessels that operate in
these fisheries for the taking of affected
endangered stocks of marine mammals.
NMFS is extending the comment
period for 30 days.
DATES: Information and comments must
be received by close of business on
October 24, 2014.
ADDRESSES: The draft amended
Negligible Impact Determination and
list of references contained in this
notice are available in electronic form
via the Internet at: https://
www.westcoast.fisheries.noaa.gov/
protected_species/marine_mammals/
marine_mammals.html. The petition
and a list of references contained in this
notice are available in electronic form
via the Internet at https://
www.nmfs.noaa.gov/pr/.
You may submit comments, identified
by NOAA–NMFS–2013–0073, by any of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130073, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Send comments or requests
to: Chris Yates, Assistant Regional
Administrator, Protected Resources
Division, West Coast Region, 501 W.
SUMMARY:
PO 00000
Frm 00014
Fmt 4703
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57057
Ocean Blvd., Suite 4200, Long Beach,
CA 90802. Comments may also be faxed
to (562) 980–4027.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
N/A in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Monica DeAngelis, NMFS West Coast
Region, (562) 980–3232, or Shannon
Bettridge, NMFS Office of Protected
Resources, (301) 427–8402.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(E) of the MMPA, 16
U.S.C. 1361 et seq., states that NMFS, as
delegated by the Secretary of Commerce,
shall for a period of up to three years
allow the incidental taking of marine
mammal species listed under the ESA,
16 U.S.C. 1531 et seq., by persons using
vessels of the United States and those
vessels which have valid fishing permits
issued by the Secretary in accordance
with section 204(b) of the MagnusonStevens Fishery Conservation and
Management Act, 16 U.S.C. 1824(b),
while engaging in commercial fishing
operations, if NMFS makes certain
determinations. NMFS must determine,
after notice and opportunity for public
comment, that: (1) Incidental mortality
and serious injury will have a negligible
impact on the affected species or stock;
(2) a recovery plan has been developed
or is being developed for such species
or stock under the ESA; and (3) where
required under section 118 of the
MMPA, a monitoring program has been
established, vessels engaged in such
fisheries are registered in accordance
with section 118 of the MMPA, and a
take reduction plan has been developed
or is being developed for such species
or stock.
NMFS proposes to issue an amended
permit under MMPA section
101(a)(5)(E) to vessels registered in the
CA thresher shark/swordfish drift
gillnet fishery (>14 in mesh) to
incidentally take individuals from two
E:\FR\FM\24SEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57052-57057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22618]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD070
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Coast Guard Station Monterey
Waterfront Repairs in Monterey, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
-----------------------------------------------------------------------
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 United States Coast
Guard (USCG) to take, by harassment, small numbers of seven species of
marine mammals incidental to pile driving associated with the USCG's
Station Monterey waterfront repair project in Monterey, California,
between June 1, 2015, through September 1, 2015.
DATES: Effective October 1, 2014, through September 30, 2015.
ADDRESSES: A copy of the application containing a list of the
references used in this document, USCG's Environmental Assessment (EA),
Finding of No Significant Impact (FONSI), and the IHA may be obtained
by telephoning the contact listed below (see FOR FURTHER INFORMATION
CONTACT) 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 1315 East West Highway, Silver
Spring, MD 20910.
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.''
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
On June 27, 2013, NMFS received an application from USCG for the
taking of marine mammals incidental to its Station Monterey waterfront
repairs project. The purpose of the proposed activity is to improve and
maintain the structural integrity of the patrol boat pier (Pier) and
potable waterline at USCG Station Monterey through the replacement of
Pier piles and the water line. On March 12, 2014, NMFS published a
Federal Register notice (FR 79 13991) for the proposed IHA. No changes
was made for the proposed USCG's waterfront repair project as described
in the proposed IHA except the project duration was changed to June 1
through September 1, 2015, from the original June 15 through October
15, 2014, due to funding and other constraints. Please refer to Federal
Register notice for the proposed IHA for a detailed description of the
project activities.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to USCG was published in
the Federal Register on March 12, 2014 (79 FR 13991). That notice
described, in detail, USCG'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 USCG, subject to inclusion of the
proposed mitigation and monitoring measures described in the proposed
IHA. NMFS agrees with the Commission's recommendation and has issued
the IHA with mitigation and monitoring measures described below. No
other comment letters were received on the proposed action.
Description of Marine Mammals in the Area of the Specified Activity
The Federal Register notice (79 FR 13991) for the proposed IHA and
in USCG's IHA application identified six marine mammal species under
NMFS jurisdiction likely to occur in the construction area: Pacific
harbor seal (Phoca vitulina richardsi), California sea lion (Zalophus
californianus), Steller
[[Page 57053]]
sea lion (Eumetopias jubatus), killer whale (Orcinus orca), gray whale
(Eschrichtius robustus), and humpback whale (Megaptera novaeangliae).
Subsequence analyses identified additional two species that could also
occur in the action area: Risso's dolphin (Grampus griseus) and
bottlenose dolphin (Tursiops truncatus). In addition, the density of
harbor porpoise was updated based on new information provided by
Carretta et al. (2009). This new information was included later in take
number estimates (please see ``Estimated Take by Incidental
Harassment'' section).
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. (2012), which is available at the following URL: https://www.nmfs.noaa.gov/pr/pdfs/sars/po2012.pdf.
Potential Effects of the Specified Activity on Marine Mammals
The effects of underwater noise from in-water pile driving and pile
removal associated with the waterfront repair activities at the USCG's
Station Monterey has the potential to result in Level B (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 USCG'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.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable 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).
For the proposed USCG Station Monterey waterfront repair
activities, NMFS requires that USCG implement the following mitigation
measures to minimize the potential impacts to marine mammals in the
project vicinity.
Use of Noise Attenuation Devices
Bubble curtains for noise attenuation will be used during all
impact pile driving to interrupt the acoustic pressure and reduce the
impact on marine mammals. By reducing underwater sound pressure levels
at the source, bubble curtains would reduce the area over which both
Level A and B harassment would occur, thereby potentially reducing the
numbers of marine mammals affected.
With the bubble curtain system in place, the exclusion zone within
which marine mammal injury could occur is eliminated.
Time Restriction
Work would occur only during daylight hours when visual monitoring
of marine mammals can be implemented.
Establishment of Level B Harassment Zones of Influence
Before the commencement of in-water pile driving activities, USCG
shall establish Level B behavioral harassment zones of influence (ZOIs)
where received underwater sound pressure levels (SPLs) are higher than
160 dB (rms) and 120 dB (rms) re 1 [micro]Pa for impulse noise sources
(impact pile driving) and non-impulses noise sources (vibratory pile
driving and mechanic dismantling), respectively. The modeled maximum
isopleths for ZOIs are listed in Table 1.
Table 1--Modeled Level B Harassment Zones of Influence for Various Pile
Driving Activities
------------------------------------------------------------------------
Distance to 120 dB Distance to 160 dB
Pile driving activities re 1 [mu]Pa (rms) re 1 [mu]Pa (rms)
(m) (m)
------------------------------------------------------------------------
Vibratory pile driving...... 2,400 NA
Impact pile driving (with NA 465
bubble curtain)............
------------------------------------------------------------------------
Once the underwater acoustic measurements are conducted during
initial test pile driving, USCG shall adjust the size of the ZOIs, and
monitor these zones as described under the Proposed Monitoring section
below.
NMFS-approved protected species observers (PSOs) shall conduct
initial survey of the exclusion zones to ensure that no marine mammals
are seen within the zones before impact pile driving of a pile segment
begins. If marine mammals are found within the exclusion zone, impact
pile driving of the segment would be delayed until they move out of the
area. If a marine mammal is seen above water and then dives below, the
contractor would wait 15 minutes for pinnipeds and harbor porpoise and
30 minutes for gray and killer whales. If no marine mammals are seen by
the observer in that time it can be assumed that the animal has moved
beyond the exclusion zone. These criteria are based on scientific
evidence that harbor seals in San Francisco Bay dive for a mean time of
0.50 minutes to 3.33 minutes (Harvey and Torok, 1994), and the mean
diving duration for harbor porpoises ranges from 44 to 103 seconds
(Westgate et al., 1995).
Soft Start
A ``soft-start'' technique is intended to allow marine mammals to
vacate the area before the pile driver reaches full power. For
vibratory hammers, the contractor will initiate the driving for 15
seconds at reduced energy, followed by a 1-minute waiting period when
there has been downtime of 30 minutes or more. This procedure shall be
repeated two additional times before continuous driving is started.
This procedure would also apply to vibratory pile extraction.
For impact driving, an initial set of three strikes would be made
by the hammer at 40 percent energy, followed by a 1-minute waiting
period, then two subsequent three-strike sets before initiating
continuous driving.
Shutdown Measures
Although no marine mammal exclusion zone exists due to the
implementation of noise attenuation devices (i.e., bubble curtain),
USCG
[[Page 57054]]
shall discontinue pile driving or pile removal activities if a marine
mammal within the ZOI appears disturbed by the work activity. Work may
not resume until the animal leaves the ZOI, or the required minutes
have passed before the disturbed animal is last sighted.
Mitigation Conclusions
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 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:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals.
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned.
The practicability of the measure for applicant
implementation.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed below:
(1) Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal).
(2) A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to received
levels of pile driving and pile removal or other activities expected to
result in the take of marine mammals (this goal may contribute to 1,
above, or to reducing harassment takes only).
(3) A reduction in the number of times (total number or number at
biologically important time or location) individuals would be exposed
to received levels of pile driving and pile removal, or other
activities expected to result in the take of marine mammals (this goal
may contribute to 1, above, or to reducing harassment takes only).
(4) A reduction in the intensity of exposures (either total number
or number at biologically important time or location) to received
levels of pile driving, or other activities expected to result in the
take of marine mammals (this goal may contribute to a, above, or to
reducing the severity of harassment takes only).
(5) Avoidance or minimization of adverse effects to marine mammal
habitat, paying special attention to the food base, activities that
block or limit passage to or from biologically important areas,
permanent destruction of habitat, or temporary destruction/disturbance
of habitat during a biologically important time.
(6) For monitoring directly related to mitigation--an increase in
the probability of detecting marine mammals, thus allowing for more
effective implementation of the mitigation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
proposed mitigation measures provide the means of effecting the least
practicable impact 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 ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must 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 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 proposed action area.
USCG submitted a marine mammal monitoring plan as part of the IHA
application. The plan can be found at https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
(1) An increase in the probability of detecting marine mammals,
both within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
(2) An increase in our understanding of how many marine mammals are
likely to be exposed to levels of pile driving that we associate with
specific adverse effects, such as behavioral harassment, temporary
threshold shift (TTS), or permanent threshold shift (PTS); and
(3) An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
[ssquf] Behavioral observations in the presence of stimuli compared
to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Distribution and/or abundance comparisons in times or areas
with concentrated stimuli versus times or areas without stimuli;
(4) An increased knowledge of the affected species; and
(5) An increase in our understanding of the effectiveness of
certain mitigation and monitoring measures.
Monitoring Measures
USCG shall employ NMFS-approved protected species observers (PSOs)
to conduct marine mammal monitoring for its Station Monterey waterfront
repair project.
Before the start of the waterfront repair work, baseline biological
monitoring shall be conducted to survey the potential Level A and B
harassment zones on 2 separate days within 1 week before the first day
of construction. Biological information collected during baseline
monitoring will be used for comparison with results of monitoring
during pile driving and removal activities.
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Marine mammal visual monitoring shall be conducted from the best
vantage point available, including the USCG pier, jetty, adjacent docks
within the harbor, to maintain an excellent view of the exclusion zone
and adjacent areas during the survey period. Monitors would be equipped
with radios or cell phones for maintaining contact with work crews.
Vessel-based visual marine mammal monitoring within the 120 dB and
160 dB ZOIs shall be conducted during 10% of the vibratory pile driving
and removal and impact pile driving activities, respectively.
Data collection during marine mammal monitoring will consist of a
count of all marine mammals by species, a description of behavior (if
[[Page 57055]]
possible), location, direction of movement, type of construction that
is occurring, time that pile replacement work begins and ends, any
acoustic or visual disturbance, and time of the observation.
Environmental conditions such as weather, visibility, temperature, tide
level, current and sea state would also be recorded.
Reporting Measures
USCG would be required to submit weekly monitoring reports that
summarize the monitoring results, construction activities and
environmental conditions to NMFS.
A final report would be submitted to NMFS within 90 days after
completion of the proposed project.
In addition, NMFS requires USCG to notify NMFS' Office of Protected
Resources and NMFS' Stranding Network within 48 hours of sighting an
injured or dead marine mammal in the vicinity of the construction site.
USCG shall provide NMFS with the species or description of the
animal(s), the condition of the animal(s) (including carcass condition
if the animal is dead), location, time of first discovery, observed
behaviors (if alive), and photo or video (if available).
In the event that an injured or dead marine mammal is found by USCG
that is not in the vicinity of the Station Monterey construction site,
USCG would report the same information as listed above as soon as
operationally feasible to NMFS.
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].
As discussed above, in-water pile driving (vibratory and impact)
and pile removal generate loud noises that could potentially harass
marine mammals in the vicinity of the USCG's proposed Station Monterey
waterfront repair.
Currently NMFS uses 120 dB re 1 [micro]Pa and 160 dB re 1 [micro]Pa
at the received levels for the onset of Level B harassment for non-
impulse (vibratory pile driving and removal) and impulse sources
(impact pile driving) underwater, respectively. For airborne noises,
NMFS uses 90 dB re 20 [micro]Pa and 100 dB re 20 [micro]Pa at the
received levels for the onset of Level B harassment for harbor seal and
all pinnipeds except harbor seal, respectively. Table 2 summarizes the
current NMFS marine mammal take criteria.
Table 2--Current Acoustic Exposure Criteria for Non-Explosive Sound
----------------------------------------------------------------------------------------------------------------
Criterion Criterion definition Threshold
----------------------------------------------------------------------------------------------------------------
Underwater Noise
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury)........... Permanent Threshold Shift (PTS) (Any 180 dB re 1 [mu]Pa (cetaceans)/
level above that which is known to 190 dB re 1 [mu]Pa
cause TTS). (pinnipeds).
root mean square (rms).
Level B Harassment.................... Behavioral Disruption (for impulse 160 dB re 1 [mu]Pa (rms).
noises).
Level B Harassment.................... Behavioral Disruption (for non-impulse 120 dB re 1 [mu]Pa (rms).
noise).
----------------------------------------------------------------------------------------------------------------
Airborne Noise
----------------------------------------------------------------------------------------------------------------
Level B Harassment.................... Behavioral Disruption (for harbor seal). 90 dB re 20 [mu]Pa.
Level B Harassment.................... Behavioral Disruption (for pinnipeds 100 dB re 20 [mu]Pa.
other than harbor seal).
----------------------------------------------------------------------------------------------------------------
The take calculations presented here relied on the best data
currently available for marine mammal populations at the jetty and in
the nearby waters of Monterey Bay. The population data used are
discussed in each species take calculation subsection below. The
formula below was developed for calculating take due to pile driving
and is applied to each group-specific noise impact threshold. The
formula is founded on the following assumptions:
All piles to be installed would have a noise disturbance
distance equal to the pile that causes the greatest noise disturbance
(i.e., the piling furthest from shore, in this case the farthest east
pile along the jetty).
It is estimated that an average of two or three piles will
be installed and removed per day. The best estimate of the number of
days during which pile driving would occur is 10 days, and this was
used in all modeling calculations.
Mitigation (e.g., a noise attenuation system such as a
bubble curtain) would be used during impact pile driving.
An individual animal can only be taken once per method of
installation during a 24 hour period.
The calculation for marine mammal take uses the following formula:
Take Estimate = (n x ZOI) x 10 days of activity
Where:
n (number of animals per unit area) = the density estimate used for
each species. The unit of area is km\2\.
ZOI (zone of influence) = the area encompassed by all locations
where the sound pressure levels equal or exceed the threshold being
evaluated.
Multiplying n x ZOI produces an estimate of the abundance of
animals that could be present in the area of exposure per day. The
final take estimate must be a whole number; therefore, values are
rounded up to the next whole number.
The ZOI impact is the estimated range of noise impact for a given
threshold. Because the work will be conducted near the jetty,
underwater noise is not expected to spread spherically from the source.
Underwater noise contours were therefore modeled using SoundPlan. The
contours were then imported to ArcGIS to calculate the area within the
contours and determine the ZOI for each threshold. The ZOI for
vibratory pile driving encompasses the area out to the 120 dB isopleth
(Level B threshold), while the ZOI for impact driving encompasses the
area out to the 160 dB isopleth (Level B threshold). It is assumed that
an underwater noise attenuation system, such as a bubble curtain with
an estimated 10 dB attenuation, would be used as a mitigation measure.
However, the actual attenuation that will be achieved in the field is
unknown and would likely vary with each installation.
[[Page 57056]]
Airborne noise would spread spherically from the source; therefore,
the ZOI for airborne impacts was calculated as the area within a circle
(Area = pi x radius\2\).
Although 10 days of total in-water work are proposed, pile
extraction or driving would only occur periodically in that time, as
described in earlier in this document. An average work day (beginning 2
hours after sunrise and ending 2 hours before sunset) is approximately
8 to 9 hours, depending on the month. Although it is anticipated that
only 30 to 70 minutes would be spent pile driving per day, to take into
account deviations from the estimated times for pile installation and
extraction--and to account for the additional use of the impact pile
driver in case of failure of the vibratory hammer to reach the desired
embedment depth--the potential impacts were modeled as if the entire
day could be spent pile driving.
The exposure assessment methodology estimates the number of
individuals that would be exposed, because of pile extraction and
driving activities, to noise levels that exceed established NMFS
thresholds. Results of the acoustic impact exposure assessments should
be regarded as conservative estimates that are strongly influenced by
limited biological data. Although the numbers generated from the pile
driving exposure calculations provide estimates of marine mammal
exposures for consideration by NMFS, the short duration and limited
extent of the repairs would limit actual exposures.
Based on the modeling results presented above, it is estimated that
up to 2,099 Level B harassment takes of various species due to
underwater and airborne noise from impact pile driving operations, and
up to 2,849 Level B harassment takes of various species from vibratory
pile driving and removal due to underwater and airborne noise. A
summary of the take estimates is provided in Table 3.
Table 3--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
Percentage of
Estimated Estimated take Abundance of stock
density by level B stock potentially Population trend
harassment affected
California sea lion.......... At-sea: 8.62 4,231 396,750 1.06 Stable.
per km\2\.
Haul-out: 250..
Harbor seal.................. 0.965 per km\2\ 70 30,196 0.20 Stable.
Harbor porpoise.............. 0.999 per km\2\ 77 1,492 5.16 Stable.
Killer whale (Eastern North Rare........... 6 240 2.50 Stable.
Pacific offshore).
Killer whale (west coast Rare........... 6 354 1.70 Stable.
transient).
Risso's dolphin.............. 0.122 per km\2\ 10 6,272 0.16 Stable.
Bottlenose dolphin........... 0.122 per km\2\ 10 323 3.10 Stable.
Gray whale................... Rare........... 6 19,126 0.03 Stable.
Analysis and Determinations
Negligible Impact
Negligible impact is ``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'' (50 CFR 216.103). 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 must consider 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 harassment takes,
the number of estimated mortalities, and effects on habitat.
The USCG's proposed Station Monterey waterfront repair project
would conduct pile driving and pile removal activities. Elevated
underwater noises are expected to be generated as a result of pile
driving and pile removal. However, USCG would use noise attenuation
devices (i.e., bubble curtain) during the impact pile driving, thus
eliminating potential for injury (PTS) and TTS. For vibratory pile
driving and pile removal, noise levels 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 (including injury) harassment or Level B harassment
in the form of TTS from being exposed to in-water pile driving and pile
removal associated with USCG construction project.
In addition, the USCG's proposed activities are localized and of
short duration. The entire project area is limited to the USCG's
Station Monterey pier and jetty. The entire waterfront repair project
would replace 17 timber piles with small 14-inch steel pipe piles. The
entire duration for pile driving is expected to be fewer than 10 days,
assuming driving two piles per day. The duration for driving each pile
would be about 20 to 25 minutes (vibratory or impact). 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 Station
Monterey waterfront repair 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.
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 proposed monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
USCG Station Monterey waterfront repair will have a negligible impact
on the affected marine mammal species or stocks.
Small Number
Based on analyses provided above, it is estimated that
approximately 4,231 California sea lions, 70 Pacific harbor seals, 77
harbor porpoises, 6 Eastern North Pacific offshore or West coast
transient killer whales (or a combination of both stocks), 10 Risso's
dolphins, 10 bottlenose dolphins, and 6 gray whales could be exposed to
received noise
[[Page 57057]]
levels that could cause Level B behavioral harassment from the proposed
construction work at the USCG Station Monterey. These numbers represent
approximately 0.03%-5.16% of the stocks and populations of these
species that could be affected by Level B behavioral harassment.
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 finds that small numbers of marine mammals will be taken
relative to the populations of the affected species or stocks.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
There are no relevant subsistence uses of marine mammals implicated
by this action. Therefore, NMFS has determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
No species listed under the ESA are expected to be affected by
these activities. Therefore, NMFS has determined that a section 7
consultation under the ESA is not required.
National Environmental Policy Act (NEPA)
In January 2014, the USCG prepared a Final Environmental Assessment
for Waterfront Repairs at United States Coast Guard Station Monterey,
Monterey, California (EA) and provided supplement information on July
30, 2014. NMFS has reviewed the EA and concluded that the environmental
consequences analyzed are reflect NMFS' action of issuance of an IHA to
USCG. Therefore, NMFS determined to adopt the USCG EA and will not
prepare its own EA or EIS for this action.
Authorization
NMFS has issued an IHA to USCG for the potential harassment of
small numbers of marine mammal species incidental to its waterfront
repair project at Station Monterey in California, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: September 18, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2014-22618 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-22-P
