Taking of Marine Mammals Incidental to Specified Activities; Vashon Seismic Retrofit Project, 32357-32363 [2015-13890]
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
Weighted
average
margin
(percent)
Exporter
Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. ..................
Zhangzhou Gangchang Canned
Foods Co., Ltd. .......................
75.67
99.71
Disclosure
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.212(b), the Department
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by this review. The Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review.
For assessment purposes, for both
Gangchang and Kangfa, we will instruct
CBP to liquidate based upon a per-unit,
importer-specific, assessment rate. This
per-unit assessment rate is based on the
ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered quantity of
those same sales.11 For the 47
companies identified above as being
part of the PRC-wide entity, any entries
will be assessed at the PRC-wide rate.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in non-market
economy cases.12 Pursuant to this
refinement in practice, for entries that
were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate at the PRC-wide rate.
In addition, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate.
As noted above, the Department
determines that XITIC and Zhangzhou
Hongda did not have any reviewable
transactions during the POR. As a result,
any suspended entries that entered
under these exporters’ case numbers
will be liquidated at the PRC-wide rate.
11 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
12 See
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
For the exporters listed above, the cash
deposit rate will be the rate established
in the final results of this review; (2) for
previously investigated or reviewed PRC
and non-PRC exporters which are not
under review in this segment of the
proceeding but received a separate rate
in a previous segment, the cash deposit
rate will continue to be the exporterspecific rate published for the most
recently-completed period; (3) for all
PRC exporters of subject merchandise
which have not been found to be
entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 308.33 percent); 13 and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied the non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
13 In the Preliminary Results, we inadvertently
identified the rate applicable to the PRC-wide entity
as 303.80 percent. We have corrected that error in
these final results to reflect the correct rate of
308.33 percent. See Certain Preserved Mushrooms
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 79 FR 12150, 12152 (March 4, 2014).
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32357
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: June 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
List of Topics Discussed in the
Accompanying Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of Issues
Comment 1 Land Rent
Comment 2 Well Water and Casing Soil
Comment 3 Labor Cost
Comment 4 Glass Jars and Metal Caps
Comment 5 Compost Offset
Comment 6 Surrogate Financial Ratios
Recommendation
[FR Doc. 2015–13975 Filed 6–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD644
Taking of Marine Mammals Incidental
to Specified Activities; Vashon Seismic
Retrofit Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
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 Washington State
Department of Transportation (WSDOT)
to take, by harassment, small numbers
of nine species of marine mammals
incidental to construction activities for
Vashon Seismic Retrofit Project in
Vashon Island, Washington, between
August 1, 2015, and July 31, 2016.
DATES: Effective August 1, 2015, through
July 31, 2016.
ADDRESSES: Requests for information on
the incidental take authorization should
be addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
SUMMARY:
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Marine Fisheries Service, 1315 EastWest 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/.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
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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
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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 June 20, 2014, WSDOT submitted
a request to NOAA requesting an IHA
for the possible harassment of small
numbers of nine marine mammal
species incidental to construction
associated with the Vashon Seismic
Retrofit Project at the Vashon Ferry
Terminal in Vashon Island, Washington
between August 1, 2015, and February
15, 2016. On December 15, 2014,
WSDOT added a test pile drive and
removal program to the Vashon Seismic
Retrofit Project and submitted a revised
IHA application. The information
provided here is based on WSDOT’s
December 15, 2014, IHA application.
Description of the Specified Activity
A detailed description of the
WSDOT’s Vashon Seismic Retrofit
Project is provided in the Federal
Register notice for the proposed IHA (79
FR 78821; December 31, 2014). Since
that time, no changes have been made
to the proposed construction activities
at the Vashon Seismic Retrofit Project.
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 31, 2014.
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
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(Orcinus orca), gray whale (Eschrichtius
robustus), minke whale (Balaenoptera
acutorostrata), and humpback whale
(Megaptera novaeangliae).
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. (2014),
which is available at the following URL:
https://www.nmfs.noaa.gov/pr/sars/pdf/
po2013.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 pile removal and pile driving
associated with the Vashon Seismic
Retrofit Project 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.
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 Vashon Seismic Retrofit
Project, NMFS is requiring WSDOT to
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injury (Level A harassment) and thus
eliminate the need for an exclusion zone
for Level A harassment.
implement the following mitigation
measures to minimize the potential
impacts to marine mammals in the
project vicinity as a result of the inwater construction activities.
Use of Noise Attenuation Devices
Noise attenuation systems (i.e., bubble
curtains) will be used during all impact
pile driving of steel piles to dampen 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 Level B harassment
would occur, thereby potentially
reducing the numbers of marine
mammals affected. In addition, the
bubble curtain system would reduce
sound levels below the threshold for
Time Restriction
Work would occur only during
daylight hours, when visual monitoring
of marine mammals can be conducted.
In addition, all in-water construction
will be limited to the period between
August 1, 2015, and February 15, 2016.
Establishment of Exclusion Zone and
Level B Harassment Zones of Influence
Before the commencement of in-water
pile driving activities, WSDOT shall
establish Level B behavioral harassment
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.
For the test pile program, because
glacial till soils will be harder to drive
through, the assumed attenuation will
be 8–10 dB, the same bubble-curtain
attenuation used in the current
consultation. Based on the 2009 Vashon
Test Pile, source levels for impact
driving of 30’’ piles are 210 dB (peak),
181 dB (SEL), and 189 dB (rms)
measured at 16 m (Pile P–8
Unmitigated) (WSDOT 2010).
The exclusion zones for Level A
harassment and ZOIs for Level B
harassment are modeled based on inwater measurements during the WSF
Bainbridge Island Ferry Terminal and
presented in Table 1 below.
TABLE 1—MODELED MAXIMUM LEVEL A AND LEVEL B HARASSMENT ZONES FOR VARIOUS PILE DRIVING ACTIVITIES
Distance to
190 dB *
(m)
Pile driving methods
Distance to
180 dB
(m)
Distance to
160 dB
(m)
Distance to
121 ** dB
(m)
NA
NA
NA
4.0
NA
NA
NA
19
NA
NA
NA
402
5,500
2,000
21,500
NA
3.0
NA
12
NA
251
46
NA
NA
Vibratory pile driving/removal (24-in steel pile) ...................
Vibratory pile driving/removal (13-in timber pile) .................
Vibratory pile removal (30-in steel pile) ...............................
Test impact pile driving (assume 8 dB reduction w/attenuation devices).
Impact driving (24-in steel pile) ...........................................
Impact pile driving (13-in timber) .........................................
ZOI No.
ZOI size
(km2)
......
.......
.......
.......
44 km2
5.6 km2
151 km2
0.4 km2
ZOI–5 ......
ZOI–6 .......
0.07 km2
1,769 m2
ZOI–1
ZOI–2
ZOI–3
ZOI–4
* SPLs are dB re 1 μPa rms.
** Since the median ambient noise level at the Project area is 121 dB re 1 μPa (rms), this level will be used as the threshold for vibratory pile
driving and removal.
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Soft Start
A ‘‘soft-start’’ technique is intended to
allow marine mammals to vacate the
area before the pile driver reaches full
power. Whenever there has been
downtime of 30 minutes or more
without pile driving, the contractor will
initiate the driving with ramp-up
procedures described below.
Soft start for vibratory hammers
requires contractors to initiate hammer
noise for 15 seconds at reduced energy
followed by a 1-minute waiting period.
The procedure will be repeated two
additional times. Soft start for impact
hammers requires contractors to provide
an initial set of three strikes from the
impact hammer at 40 percent energy,
followed by a 1-minute waiting period,
then two subsequent three-strike sets.
Each day, WSDOT will use the soft-start
technique at the beginning of pile
driving or removal, or if pile driving or
removal has ceased for more than one
hour.
Shutdown Measures
WSDOT shall implement shutdown
measures if a marine mammal is sighted
approaching the Level A exclusion
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zone. In-water construction activities
shall be suspended until the marine
mammal is sighted moving away from
the exclusion zone, or if the animal is
not sighted for 30 minutes after the
shutdown.
In addition, WSDOT shall implement
shutdown measures if southern resident
killer whales are sighted within the
vicinity of the project area and are
approaching the Level B harassment
zone (zone of influence, or ZOI) during
in-water construction activities.
If a killer whale approaches the ZOI
during pile driving or removal, and it is
unknown whether it is a Southern
Resident killer whale or a transient
killer whale, it shall be assumed to be
a Southern Resident killer whale and
WSDOT shall implement the shutdown
measure.
If a Southern Resident killer whale or
an unidentified killer whale enters the
ZOI undetected, in-water pile driving or
pile removal shall be suspended until
the whale exits the ZOI to avoid further
level B harassment.
Further, WSDOT shall implement
shutdown measures if the number of
any allotted marine mammal takes
reaches the limit under the IHA, if such
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marine mammals are sighted within the
vicinity of the project area and are
approaching the Level B harassment
zone during in-water construction
activities.
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
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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.
WSDOT shall employee NMFSapproved protected species observers
(PSOs) to conduct marine mammal
monitoring for its Vashon Seismic
Retrofit Project. The PSOs will observe
and collect data on marine mammals in
and around the project area for 30
minutes before, during, and for 30
minutes after all pile removal and pile
installation work. If a PSO observes a
marine mammal within a ZOI that
appears to be disturbed by the work
activity, the PSO will notify the work
crew to initiate shutdown measures.
Monitoring of marine mammals
around the construction site shall be
conducted using high-quality binoculars
(e.g., Zeiss, 10 × 42 power). Due to the
different sizes of ZOIs from different
pile driving/removal methods and pile
sizes, ZOIs corresponding to a specific
pile driving/removal methods listed in
Table 1 will be monitored according to
the following monitoring protocols at
different locations.
• The required monitoring distances
will be determined by using a range
finder or hand-held global positioning
system device.
• ZOI–1 will be monitored by one
land-based biologist at the terminal
work site, and one boat with a pilot and
a biologist that will travel through the
monitoring area.
• ZOI–2 will be monitored by one
land-based biologist at the terminal
work site, and one boat with a pilot and
a biologist that will travel through the
monitoring area.
• ZOI–3 will be monitored by five
land-based biologists, and one boat with
a pilot and a biologist that will travel
through the monitoring area.
• ZOI–4 will be monitored by one
land-based biologist at the terminal
work site, and one boat with a pilot and
a biologist that will travel through the
monitoring area.
• ZOI–5 will be monitored by one
land-based biologist at the terminal
work site, and one boat with a pilot and
a biologist that will travel through the
monitoring area.
• ZOI–6 will be monitored by two
land-based biologists from the terminal
work site.
The geographic location of each ZOI
is provided in maps of WSDOT’s marine
mammal monitoring plan.
WSDOT will contact the Orca
Network and/or Center for Whale
Research to find out the location of the
nearest marine mammal sightings. In
addition, WSDOT will utilize marine
mammal occurrence information
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collected by the Orca Network using
hydrophone systems to maximize
marine mammal detection in the project
vicinity.
Data collection during marine
mammal monitoring will consist of a
count of all marine mammals by
species, a description of behavior (if
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.
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 landbased PSOs are expected to be
positioned in a location that will
maximize their abilities 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, or within 90 days after the
expiration of this IHA, whichever comes
first. 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
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(e.g., ship-strike, gear interaction, and/or
entanglement), WSDOT shall
immediately cease all operations and
immediately report the incident to the
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
immediately report the incident to the
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 Permits and
Conservation Division, Office of
Protected Resources, NMFS, and the
West Coast Regional Stranding
Coordinators, within 24 hours of the
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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 discussed above, in-water pile
removal and pile driving (vibratory and
impact) generate loud noises that could
potentially harass marine mammals in
the vicinity of WSDOT’s Vashon
Seismic Retrofit Project.
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 from non-impulse (vibratory
pile driving and removal) and impulse
sources (impact pile driving)
underwater, respectively. Table 2
summarizes the current NMFS marine
mammal take criteria.
TABLE 2—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER
Criterion
Criterion definition
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) .....................................
As explained above, ZOIs will be
established that encompass the areas
where received underwater sound
pressure levels exceed the applicable
thresholds for Level B harassment.
There will not be a zone for Level A
harassment in this case, because the
bubble curtain system will keep all
underwater noise below the threshold
for Level A harassment.
Sound Levels From Proposed
Construction Activity
As mentioned earlier, the project
includes impact driving and proofing of
24-inch hollow steel piling, impact
driving of 13-inch timber piling, and
impact driving of 30-inch steel test
piles.
Based on in-water measurements
during the WSF Bainbridge Island Ferry
Terminal, impact pile driving of a 24inch steel pile generated 170 dB RMS
(overall average), with the highest
measured at 189 dB RMS measured at
10 meters (Laughlin 2005). A bubble
curtain will be used to attenuate steel
pile impact driving noise.
For the test pile program, the more
conservative cetacean injury zone (19
Threshold
m/62 ft) will be used to set the 30-inch
steel test pile exclusion zone.
In-water measurements for impact
driving of 13-inch timber piling are not
available. Impact driving of 12-inch
timber piling generated 170 dB RMS
(WSF 2014). The source level for 13inch timber piles shall be assumed to be
the same as 12-inch timber piles. A
bubble curtain will not be used during
impact driving of timber piles.
Using practical spreading model to
calculate sound propagation loss, Table
2 provides the estimated maximum
distances for a variety of harassment
zones.
As explained above, exclusion zones
and ZOIs will be established that
encompass the areas where received
underwater SPLs exceed the applicable
thresholds for Level A and Level B
harassment, respectively.
Incidental take for each species is
estimated by determining the likelihood
of a marine mammal being present
within a ZOI during pile removal and
pile driving. Expected marine mammal
presence is determined by past
observations and general abundance
near the Vashon Ferry Terminal during
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).
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 mammals. 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
1,919 Pacific harbor seals, 1,919
California sea lions, 644 Steller sea
lions, 438 harbor porpoises, 146 Dall’s
porpoises, 54 killer whales (50 transient,
4 Southern Resident killer whales), 71
gray whales, 36 humpback whales, and
36 minke whales could be exposed to
received sound levels that could result
in takes from the proposed Vashon
Seismic Retrofit Project. A summary of
the estimated takes is presented in Table
3.
TABLE 3—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED PILE REMOVAL LEVELS
ABOVE 121 dB re 1 μPa (RMS)
Estimated
marine mammal
takes
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Species
Pacific harbor seal ...................................................................................................
California sea lion ....................................................................................................
Steller sea lion .........................................................................................................
Harbor porpoise .......................................................................................................
Dall’s porpoise * .......................................................................................................
Killer whale, transient ..............................................................................................
Killer whale, Southern Resident ..............................................................................
Gray whale ...............................................................................................................
Humpback whale .....................................................................................................
Minke whale .............................................................................................................
Abundance
1,919
1,919
644
438
146
50
4
71
36
36
14,612
296,750
63,160
10,682
42,000
521
85
19,126
1,918
478
Percentage
13
0.7
1.0
4.0
0.3
9.6
4.7
0.4
1.9
7.5
* The Federal Register notice for the proposed IHA erroneously stated that the estimated takes for Dall’s porpoise to be 136 individuals. It is
corrected in this document as 146 individuals. The results of the analysis and the percentage of the take by its population remain the same.
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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.
WSDOT’s Vashon Seismic Retrofit
Project would involve pile removal and
pile driving activities. Elevated
underwater noises are expected to be
generated as a result of these activities;
however, these noises are expected to
result in no mortality or Level A
harassment and limited, if any, Level B
harassment of marine mammals.
WSDOT would use noise attenuation
devices (i.e., bubble curtains) during the
impact pile driving of steel piles, thus
eliminating the potential for injury
(including PTS) and TTS from impact
driving. For vibratory pile removal and
pile driving and impact pile driving of
timber piles, noise levels are not
expected to reach the level that may
cause TTS, injury (including PTS), or
mortality to marine mammals.
Therefore, NMFS does not expect that
any animals would experience Level A
harassment (including injury or PTS) or
Level B harassment in the form of TTS
from being exposed to in-water pile
removal and pile driving associated
with WSDOT’s construction project.
In addition, WSDOT’s activities are
localized and of short duration. The
entire project area is limited to
WSDOT’s Vashon ferry terminal in
Vashon Island. The entire project would
involve the removal of 106 existing
timber piles and installation of 119 steel
piles. In addition, 96 temporary piles
will be installed and then removed
during the project. The duration for pile
driving and removal lasts for about 10
to 120 minutes per pile, depending on
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the type and dimension of the pile.
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. Moreover, the
proposed mitigation and monitoring
measures are expected to reduce
potential exposures and behavioral
modifications even further.
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 Vashon
Seismic Retrofit 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 project also is not expected to
have significant adverse effects on
affected marine mammals’ habitat, as
analyzed in detail in the ‘‘Anticipated
Effects on Marine Mammal Habitat’’
section. The project activities would not
modify existing marine mammal habitat.
The activities may cause some fish to
leave the area of disturbance, thus
temporarily impacting marine
mammals’ foraging opportunities in a
limited portion of the foraging range;
but, because of the short duration of the
activities and the relatively small area of
the habitat that may be affected, the
impacts to marine mammal habitat are
not expected to cause significant or
long-term negative consequences.
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 WSDOT’s
Vashon Seismic Retrofit Project 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 1,919
harbor seals, 1,919 California sea lions,
644 Steller sea lions, 438 harbor
porpoises, 136 Dall’s porpoises, 50
transient killer whales, 4 Southern
Resident killer whales, 71 gray whales,
36 humpback whales, and 36 minke
whales could be exposed to received
noise levels that could cause Level B
behavioral harassment from the
proposed construction work at the
Vashon ferry terminal in Washington
State. These numbers represent
approximately 0.3% to 14% of the
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populations of these species that could
be affected by Level B behavioral
harassment, respectively (see Table 2
above), which are small percentages
relative to the total populations of the
affected species or stocks.
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,
which are expected to reduce the
number of marine mammals potentially
affected by the proposed action, 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 subsistence uses of
marine mammals in the proposed
project area; and, thus, no subsistence
uses impacted 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)
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 WSDOT’s Vashon
Seismic Retrofit Project. Under section 7
of the ESA, the Federal Transit
Administration (FTA) and WSDOT have
consulted with NMFS West Coast
Regional Office (WCRO) on the
proposed WSDOT Vashon Seismic
Retrofit Project. WCRO issued a
Biological Opinion in May 2015, which
concludes that the proposed Vashon
Seismic Retrofit Project may affect, but
is not likely to adversely affect the listed
marine mammal species and stocks.
The issuance of an IHA to WSDOT
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 in May 2015,
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
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
species apart from those that were
considered in the consultation on FTA’s
action.
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
Vashon Seismic Retrofit Project. A
Finding of No Significant Impact
(FONSI) was signed in May 2015. A
copy of the EA and FONSI is available
upon request (see ADDRESSES).
Authorization
NMFS has issued an IHA to WSDOT
for the potential harassment of small
numbers of nine marine mammal
species incidental to the Vashon
Seismic Retrofit Project in Washington
State, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: June 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–13890 Filed 6–5–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BE51
Takes of Marine Mammals Incidental to
Specified Activities; U.S. Navy Joint
Logistics Over-the-Shore Training
Activities in Virginia and North
Carolina
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that a Letter of
Authorization (LOA) has been issued to
the U.S. Navy (NAVY) to take marine
mammals, by harassment, incidental to
the Joint Logistics Over-the-Shore
(JLOTS) training activities conducted in
nearshore waters at the Joint
Expeditionary Base (JEB) Little CreekFort Story in Virginia and at Camp
Lejeune in North Carolina, from June 2,
2015 through June 1, 2020.
DATES: Effective from June 2, 2015,
through June 1, 2020.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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The LOA and supporting
documentation may be obtained by
writing to Jolie Harrison, Supervisor,
Incidental Take Program, Permits and
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910, calling the contact listed under
FOR FURTHER INFORMATION CONTACT, or
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may also be viewed, by
appointment, during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce (Secretary) to allow, upon
request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued.
Under the MMPA, the term ‘‘take’’
means to harass, hunt, capture, or kill or
to attempt to harass, hunt, capture, or
kill any marine mammal.
Authorization for incidental takings
may 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
certain subsistence uses, and that the
permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such taking are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as: ‘‘an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
The National Defense Authorization
Act of 2004 (NDAA) (Public Law 108–
136) removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows (Section 3(18)(B) of the MMPA):
‘‘(i) any act that injures or has the
significant potential to injure a marine
mammal or marine mammal stock in the
wild [Level A Harassment]; or (ii) any
act that disturbs or is likely to disturb
a marine mammal or marine mammal
stock in the wild by causing disruption
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32363
of natural behavioral patterns,
including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or
sheltering, to a point where such
behavioral patterns are abandoned or
significantly altered [Level B
Harassment].’’ Because the Navy’s
activities constitute military readiness
activities, they are not subject to the
small numbers or specified geographic
region limitations.
Regulations governing the take of five
species of marine mammals, by Level B
harassment, incidental to the JLOTS
training activities were effective on June
2, 2015. These regulations are effective
from June 2, 2015, through June 1, 2020.
The species which are authorized for
taking by Level B harassment are:
Bottlenose and Atlantic spotted
dolphins. For detailed information on
this action, please refer to the final rule
published on June 2, 2015. These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during the specified activities.
This LOA is effective from June 2,
2015, through June 1, 2020, and
authorizes the incidental take of the five
marine mammal species listed above
that may result from launches, aircraft
and helicopter operations, and harbor
activities related to vehicles from VAFB,
California.
Dated: June 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–13891 Filed 6–5–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD970
Pacific Whiting; Advisory Panel; Joint
Management Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; call for nominations.
AGENCY:
NMFS is soliciting
nominations for appointments to the
United States Advisory Panel (AP) and
the Joint Management Committee (JMC)
established in the Agreement between
the Government of the United States of
America and the Government of Canada
on Pacific Hake/Whiting (Pacific
Whiting Treaty). Nominations are being
sought to fill six positions on the AP
beginning on September 16, 2015, and
SUMMARY:
E:\FR\FM\08JNN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32357-32363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13890]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD644
Taking of Marine Mammals Incidental to Specified Activities;
Vashon Seismic Retrofit Project
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 Washington State
Department of Transportation (WSDOT) to take, by harassment, small
numbers of nine species of marine mammals incidental to construction
activities for Vashon Seismic Retrofit Project in Vashon Island,
Washington, between August 1, 2015, and July 31, 2016.
DATES: Effective August 1, 2015, through July 31, 2016.
ADDRESSES: Requests for information on the incidental take
authorization should be addressed to Jolie Harrison, Chief, Permits and
Conservation Division, Office of Protected Resources, National
[[Page 32358]]
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/.
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 June 20, 2014, WSDOT submitted a request to NOAA requesting an
IHA for the possible harassment of small numbers of nine marine mammal
species incidental to construction associated with the Vashon Seismic
Retrofit Project at the Vashon Ferry Terminal in Vashon Island,
Washington between August 1, 2015, and February 15, 2016. On December
15, 2014, WSDOT added a test pile drive and removal program to the
Vashon Seismic Retrofit Project and submitted a revised IHA
application. The information provided here is based on WSDOT's December
15, 2014, IHA application.
Description of the Specified Activity
A detailed description of the WSDOT's Vashon Seismic Retrofit
Project is provided in the Federal Register notice for the proposed IHA
(79 FR 78821; December 31, 2014). Since that time, no changes have been
made to the proposed construction activities at the Vashon Seismic
Retrofit Project. 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 31, 2014. 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), minke whale (Balaenoptera
acutorostrata), and humpback whale (Megaptera novaeangliae).
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. (2014), which is available at the following URL: https://www.nmfs.noaa.gov/pr/sars/pdf/po2013.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 pile removal and pile
driving associated with the Vashon Seismic Retrofit Project 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.
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 Vashon Seismic Retrofit Project, NMFS is requiring
WSDOT to
[[Page 32359]]
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.
Use of Noise Attenuation Devices
Noise attenuation systems (i.e., bubble curtains) will be used
during all impact pile driving of steel piles to dampen 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 Level B harassment would occur, thereby
potentially reducing the numbers of marine mammals affected. In
addition, the bubble curtain system would reduce sound levels below the
threshold for injury (Level A harassment) and thus eliminate the need
for an exclusion zone for Level A harassment.
Time Restriction
Work would occur only during daylight hours, when visual monitoring
of marine mammals can be conducted. In addition, all in-water
construction will be limited to the period between August 1, 2015, and
February 15, 2016.
Establishment of Exclusion Zone and Level B Harassment Zones of
Influence
Before the commencement of in-water pile driving activities, WSDOT
shall establish Level B behavioral harassment ZOIs where received
underwater sound pressure levels (SPLs) are higher than 160 dB (rms)
and 120 dB (rms) re 1 [mu]Pa for impulse noise sources (impact pile
driving) and non-impulses noise sources (vibratory pile driving and
mechanic dismantling), respectively.
For the test pile program, because glacial till soils will be
harder to drive through, the assumed attenuation will be 8-10 dB, the
same bubble-curtain attenuation used in the current consultation. Based
on the 2009 Vashon Test Pile, source levels for impact driving of 30''
piles are 210 dB (peak), 181 dB (SEL), and 189 dB (rms) measured at 16
m (Pile P-8 Unmitigated) (WSDOT 2010).
The exclusion zones for Level A harassment and ZOIs for Level B
harassment are modeled based on in-water measurements during the WSF
Bainbridge Island Ferry Terminal and presented in Table 1 below.
Table 1--Modeled Maximum Level A and Level B Harassment Zones for Various Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Distance to Distance to
Pile driving methods 190 dB * Distance to Distance to 121 ** dB ZOI No. ZOI size
(m) 180 dB (m) 160 dB (m) (m) (km\2\)
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving/ NA NA NA 5,500 ZOI-1......... 44 km\2\
removal (24-in steel pile).
Vibratory pile driving/ NA NA NA 2,000 ZOI-2......... 5.6 km\2\
removal (13-in timber pile).
Vibratory pile removal (30-in NA NA NA 21,500 ZOI-3......... 151 km\2\
steel pile).
Test impact pile driving 4.0 19 402 NA ZOI-4......... 0.4 km\2\
(assume 8 dB reduction w/
attenuation devices).
Impact driving (24-in steel 3.0 12 251 NA ZOI-5......... 0.07 km\2\
pile).
Impact pile driving (13-in NA NA 46 NA ZOI-6......... 1,769 m\2\
timber).
----------------------------------------------------------------------------------------------------------------
* SPLs are dB re 1 [mu]Pa rms.
** Since the median ambient noise level at the Project area is 121 dB re 1 [mu]Pa (rms), this level will be used
as the threshold for vibratory pile driving and removal.
Soft Start
A ``soft-start'' technique is intended to allow marine mammals to
vacate the area before the pile driver reaches full power. Whenever
there has been downtime of 30 minutes or more without pile driving, the
contractor will initiate the driving with ramp-up procedures described
below.
Soft start for vibratory hammers requires contractors to initiate
hammer noise for 15 seconds at reduced energy followed by a 1-minute
waiting period. The procedure will be repeated two additional times.
Soft start for impact hammers requires contractors to provide an
initial set of three strikes from the impact hammer at 40 percent
energy, followed by a 1-minute waiting period, then two subsequent
three-strike sets. Each day, WSDOT will use the soft-start technique at
the beginning of pile driving or removal, or if pile driving or removal
has ceased for more than one hour.
Shutdown Measures
WSDOT shall implement shutdown measures if a marine mammal is
sighted approaching the Level A exclusion zone. In-water construction
activities shall be suspended until the marine mammal is sighted moving
away from the exclusion zone, or if the animal is not sighted for 30
minutes after the shutdown.
In addition, WSDOT shall implement shutdown measures if southern
resident killer whales are sighted within the vicinity of the project
area and are approaching the Level B harassment zone (zone of
influence, or ZOI) during in-water construction activities.
If a killer whale approaches the ZOI during pile driving or
removal, and it is unknown whether it is a Southern Resident killer
whale or a transient killer whale, it shall be assumed to be a Southern
Resident killer whale and WSDOT shall implement the shutdown measure.
If a Southern Resident killer whale or an unidentified killer whale
enters the ZOI undetected, in-water pile driving or pile removal shall
be suspended until the whale exits the ZOI to avoid further level B
harassment.
Further, WSDOT shall implement shutdown measures if the number of
any allotted marine mammal takes reaches the limit under the IHA, if
such marine mammals are sighted within the vicinity of the project area
and are approaching the Level B harassment zone during in-water
construction activities.
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
[[Page 32360]]
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.
WSDOT shall employee NMFS-approved protected species observers
(PSOs) to conduct marine mammal monitoring for its Vashon Seismic
Retrofit Project. The PSOs will observe and collect data on marine
mammals in and around the project area for 30 minutes before, during,
and for 30 minutes after all pile removal and pile installation work.
If a PSO observes a marine mammal within a ZOI that appears to be
disturbed by the work activity, the PSO will notify the work crew to
initiate shutdown measures.
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Due to the different sizes of ZOIs from different pile driving/removal
methods and pile sizes, ZOIs corresponding to a specific pile driving/
removal methods listed in Table 1 will be monitored according to the
following monitoring protocols at different locations.
The required monitoring distances will be determined by
using a range finder or hand-held global positioning system device.
ZOI-1 will be monitored by one land-based biologist at the
terminal work site, and one boat with a pilot and a biologist that will
travel through the monitoring area.
ZOI-2 will be monitored by one land-based biologist at the
terminal work site, and one boat with a pilot and a biologist that will
travel through the monitoring area.
ZOI-3 will be monitored by five land-based biologists, and
one boat with a pilot and a biologist that will travel through the
monitoring area.
ZOI-4 will be monitored by one land-based biologist at the
terminal work site, and one boat with a pilot and a biologist that will
travel through the monitoring area.
ZOI-5 will be monitored by one land-based biologist at the
terminal work site, and one boat with a pilot and a biologist that will
travel through the monitoring area.
ZOI-6 will be monitored by two land-based biologists from
the terminal work site.
The geographic location of each ZOI is provided in maps of WSDOT's
marine mammal monitoring plan.
WSDOT will contact the Orca Network and/or Center for Whale
Research to find out the location of the nearest marine mammal
sightings. In addition, WSDOT will utilize marine mammal occurrence
information collected by the Orca Network using hydrophone systems to
maximize marine mammal detection in the project vicinity.
Data collection during marine mammal monitoring will consist of a
count of all marine mammals by species, a description of behavior (if
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.
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 PSOs are expected
to be positioned in a location that will maximize their abilities 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, or within 90 days
after the expiration of this IHA, whichever comes first. 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 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 immediately report the incident to the 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 Permits and Conservation Division, Office of Protected Resources,
NMFS, and the West Coast Regional Stranding Coordinators, within 24
hours of the
[[Page 32361]]
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 discussed above, in-water pile removal and pile driving
(vibratory and impact) generate loud noises that could potentially
harass marine mammals in the vicinity of WSDOT's Vashon Seismic
Retrofit Project.
Currently, NMFS uses 120 dB re 1 [mu]Pa and 160 dB re 1 [mu]Pa at
the received levels for the onset of Level B harassment from non-
impulse (vibratory pile driving and removal) and impulse sources
(impact pile driving) underwater, respectively. Table 2 summarizes the
current NMFS marine mammal take criteria.
Table 2--Current Acoustic Exposure Criteria for Non-Explosive Sound Underwater
----------------------------------------------------------------------------------------------------------------
Criterion Criterion definition Threshold
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury)....... Permanent Threshold Shift 180 dB re 1 [mu]Pa (cetaceans).
(PTS) (Any level above 190 dB re 1 [mu]Pa (pinnipeds).
that which is known to root mean square (rms).
cause TTS).
Level B Harassment................ Behavioral Disruption (for 160 dB re 1 [mu]Pa (rms).
impulse noises).
Level B Harassment................ Behavioral Disruption (for 120 dB re 1 [mu]Pa (rms).
non-impulse noise).
----------------------------------------------------------------------------------------------------------------
As explained above, ZOIs will be established that encompass the
areas where received underwater sound pressure levels exceed the
applicable thresholds for Level B harassment. There will not be a zone
for Level A harassment in this case, because the bubble curtain system
will keep all underwater noise below the threshold for Level A
harassment.
Sound Levels From Proposed Construction Activity
As mentioned earlier, the project includes impact driving and
proofing of 24-inch hollow steel piling, impact driving of 13-inch
timber piling, and impact driving of 30-inch steel test piles.
Based on in-water measurements during the WSF Bainbridge Island
Ferry Terminal, impact pile driving of a 24-inch steel pile generated
170 dB RMS (overall average), with the highest measured at 189 dB RMS
measured at 10 meters (Laughlin 2005). A bubble curtain will be used to
attenuate steel pile impact driving noise.
For the test pile program, the more conservative cetacean injury
zone (19 m/62 ft) will be used to set the 30-inch steel test pile
exclusion zone.
In-water measurements for impact driving of 13-inch timber piling
are not available. Impact driving of 12-inch timber piling generated
170 dB RMS (WSF 2014). The source level for 13-inch timber piles shall
be assumed to be the same as 12-inch timber piles. A bubble curtain
will not be used during impact driving of timber piles.
Using practical spreading model to calculate sound propagation
loss, Table 2 provides the estimated maximum distances for a variety of
harassment zones.
As explained above, exclusion zones and ZOIs will be established
that encompass the areas where received underwater SPLs exceed the
applicable thresholds for Level A and Level B harassment, respectively.
Incidental take for each species is estimated by determining the
likelihood of a marine mammal being present within a ZOI during pile
removal and pile driving. Expected marine mammal presence is determined
by past observations and general abundance near the Vashon Ferry
Terminal 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 mammals. 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 1,919 Pacific harbor seals,
1,919 California sea lions, 644 Steller sea lions, 438 harbor
porpoises, 146 Dall's porpoises, 54 killer whales (50 transient, 4
Southern Resident killer whales), 71 gray whales, 36 humpback whales,
and 36 minke whales could be exposed to received sound levels that
could result in takes from the proposed Vashon Seismic Retrofit
Project. A summary of the estimated takes is presented in Table 3.
Table 3--Estimated Numbers of Marine Mammals That May Be Exposed to Received Pile Removal Levels Above 121 dB re
1 [mu]Pa (rms)
----------------------------------------------------------------------------------------------------------------
Estimated marine
Species mammal takes Abundance Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal................................... 1,919 14,612 13
California sea lion................................... 1,919 296,750 0.7
Steller sea lion...................................... 644 63,160 1.0
Harbor porpoise....................................... 438 10,682 4.0
Dall's porpoise *..................................... 146 42,000 0.3
Killer whale, transient............................... 50 521 9.6
Killer whale, Southern Resident....................... 4 85 4.7
Gray whale............................................ 71 19,126 0.4
Humpback whale........................................ 36 1,918 1.9
Minke whale........................................... 36 478 7.5
----------------------------------------------------------------------------------------------------------------
* The Federal Register notice for the proposed IHA erroneously stated that the estimated takes for Dall's
porpoise to be 136 individuals. It is corrected in this document as 146 individuals. The results of the
analysis and the percentage of the take by its population remain the same.
[[Page 32362]]
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.
WSDOT's Vashon Seismic Retrofit Project would involve pile removal
and pile driving activities. Elevated underwater noises are expected to
be generated as a result of these activities; however, these noises are
expected to result in no mortality or Level A harassment and limited,
if any, Level B harassment of marine mammals. WSDOT would use noise
attenuation devices (i.e., bubble curtains) during the impact pile
driving of steel piles, thus eliminating the potential for injury
(including PTS) and TTS from impact driving. For vibratory pile removal
and pile driving and impact pile driving of timber piles, noise levels
are not expected to reach the level that may cause TTS, injury
(including PTS), or mortality to marine mammals. Therefore, NMFS does
not expect that any animals would experience Level A harassment
(including injury or PTS) or Level B harassment in the form of TTS from
being exposed to in-water pile removal and pile driving associated with
WSDOT's construction project.
In addition, WSDOT's activities are localized and of short
duration. The entire project area is limited to WSDOT's Vashon ferry
terminal in Vashon Island. The entire project would involve the removal
of 106 existing timber piles and installation of 119 steel piles. In
addition, 96 temporary piles will be installed and then removed during
the project. The duration for pile driving and removal lasts for about
10 to 120 minutes per pile, depending on the type and dimension of the
pile. 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. Moreover, the proposed
mitigation and monitoring measures are expected to reduce potential
exposures and behavioral modifications even further. 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 Vashon Seismic Retrofit 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 project also is not expected to have significant adverse
effects on affected marine mammals' habitat, as analyzed in detail in
the ``Anticipated Effects on Marine Mammal Habitat'' section. The
project activities would not modify existing marine mammal habitat. The
activities may cause some fish to leave the area of disturbance, thus
temporarily impacting marine mammals' foraging opportunities in a
limited portion of the foraging range; but, because of the short
duration of the activities and the relatively small area of the habitat
that may be affected, the impacts to marine mammal habitat are not
expected to cause significant or long-term negative consequences.
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
WSDOT's Vashon Seismic Retrofit Project 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 1,919 harbor seals, 1,919 California sea lions, 644
Steller sea lions, 438 harbor porpoises, 136 Dall's porpoises, 50
transient killer whales, 4 Southern Resident killer whales, 71 gray
whales, 36 humpback whales, and 36 minke whales could be exposed to
received noise levels that could cause Level B behavioral harassment
from the proposed construction work at the Vashon ferry terminal in
Washington State. These numbers represent approximately 0.3% to 14% of
the populations of these species that could be affected by Level B
behavioral harassment, respectively (see Table 2 above), which are
small percentages relative to the total populations of the affected
species or stocks.
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, which are expected to reduce the number of marine mammals
potentially affected by the proposed action, 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 subsistence uses of marine mammals in the proposed
project area; and, thus, no subsistence uses impacted 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)
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 WSDOT's Vashon Seismic Retrofit Project.
Under section 7 of the ESA, the Federal Transit Administration (FTA)
and WSDOT have consulted with NMFS West Coast Regional Office (WCRO) on
the proposed WSDOT Vashon Seismic Retrofit Project. WCRO issued a
Biological Opinion in May 2015, which concludes that the proposed
Vashon Seismic Retrofit Project may affect, but is not likely to
adversely affect the listed marine mammal species and stocks.
The issuance of an IHA to WSDOT 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 in May 2015, 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
[[Page 32363]]
species apart from those that were considered in the consultation on
FTA's action.
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
Vashon Seismic Retrofit Project. A Finding of No Significant Impact
(FONSI) was signed in May 2015. A copy of the EA and FONSI is available
upon request (see ADDRESSES).
Authorization
NMFS has issued an IHA to WSDOT for the potential harassment of
small numbers of nine marine mammal species incidental to the Vashon
Seismic Retrofit Project in Washington State, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: June 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-13890 Filed 6-5-15; 8:45 am]
BILLING CODE 3510-22-P
