Taking of Marine Mammals Incidental to Specified Activities; Front Street Transload Facility Construction, 48500-48509 [2015-19958]
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Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Notices
Nucor Corporation; Steel Dynamics,
Inc.; ArcelorMittal USA, LLC; AK Steel
Corp.; and California Steel Industries
(collectively, Petitioners) made a timely
request to postpone the preliminary
countervailing duty determinations.2
Therefore, pursuant to the discretion
afforded the Department under
703(c)(1)(A) of the Act and because the
Department does not find any
compelling reason to deny the request,
we are fully extending the due date
until 130 days after the Department’s
initiation for the preliminary
determinations. The deadline for the
completion of the preliminary
determinations is now November 2,
2015.3
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 6, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–19994 Filed 8–12–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE097
Taking of Marine Mammals Incidental
to Specified Activities; Front Street
Transload Facility Construction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from the Bergerson Construction, Inc.
(Bergerson) for an authorization to take
small numbers of two species of marine
mammals, by Level B harassment,
incidental to proposed construction
activities for Front Street Transload
Facility construction project in
Newport, Oregon. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an authorization
to Bergerson to incidentally take, by
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
2 See Petitioners’ August 3, 2015 letter requesting
postponement of the preliminary determination.
3 The due date actually falls on October 31, 2015,
which is a Saturday. Therefore, the deadline moves
to the next business day, November 2, 2015. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2008).
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harassment, small numbers of marine
mammals for a period of 1 year.
DATES: Comments and information must
be received no later than September 14,
2015.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910. The
mailbox address for providing email
comments is itp.guan@noaa.gov. NMFS
is not responsible for email comments
sent to addresses other than the one
provided here. Comments sent via
email, including all attachments, must
not exceed a 25-megabyte file size.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
A copy of the application may be
obtained by writing to the address
specified above 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 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
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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 April 22, 2015, Bergerson
submitted a request to NMFS requesting
an IHA for the possible harassment of
small numbers of Pacific harbor seal
(Phoca vitulina richardii) and California
sea lion (Zalophus californianus)
incidental to construction associated
with the Front Street Marine Transload
Facility in the city of Newport, Oregon,
for a period of one year starting
November 2015. NMFS determined the
IHA application was complete on July
29, 2015, and proposes to issue an IHA
that would be valid between November
1, 2015, and October 31, 2016. NMFS is
proposing to authorize the Level B
harassment of Pacific harbor seal and
California sea lion.
Description of the Specified Activity
Overview
The purpose of the proposed Front
Street Marine Transload Facility
construction is to construct a new
transload and fish buying facility at the
current location of the Undersea
Gardens. The new transload facility
would provide local fisherman with an
alternative location for selling their fish
and shellfish in Newport, Oregon (see
Figure 1 of Bergerson’s IHA
application).
The current Undersea Gardens and all
associated structures would be removed
prior to construction of the new facility.
The new transload facility would
consist of a 132-foot wide by 141-foot
deep wharf comprised of precast
concrete panels supported on steel
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piles. Up to 112 24-inch diameter steel
support piles and 14 18-inch diameter
steel fender piles would be installed.
The new wharf would sit level with Bay
Boulevard, approximately 10 feet above
mean sea level (msl), and would support
a 4,000 square foot cold storage building
and 500 square foot ice machine.
Approximately 15,860 square feet of the
new wharf would be suspended over
water, resulting in approximately 9,160
square feet of net new overwater
structure following removal of the
existing Undersea Gardens and its
associated structures (approximately
6,700 square feet).
The proposed project would result in
a net removal of approximately 2,000
cubic yards of existing structural
components from below the highest
measured tide (HMT) of Yaquina Bay.
Construction is scheduled to begin in
November 2015, with completion of the
wharf expected by September 2016. The
associated cold storage building would
be constructed after completion of the
wharf. The proposed project would
require approximately 12 weeks of inwater work. Construction crews and
equipment would access the project site
via existing roadways and two floating
barges, including a crane barge
(measuring 60 by 100 feet) secured with
two spud piles, and a material barge
(measuring 40 by 100 feet) moored to
the crane barge. Piles would be installed
using a vibratory hammer with some use
of an impact hammer to seat the piles
to their desired depth.
Dates and Duration
In-water construction is planned to
take place between November 2015 and
October 2016, with in-water pile
removal and pile driving activities
limited between November 1, 2015, and
February 15, 2016.
Specified Geographic Region
The proposed activities will occur at
the current Undersea Garden located in
Yaquina Bay along Bay Boulevard in
Newport, Oregon (see Figure 1 of
Bergerson’s IHA application).
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Detailed Description of Front Street
Transload Facility Construction
Details of each activity for the Front
Street Transload Facility construction
project are provided below.
(1) Removal of the Existing Undersea
Gardens
The existing Undersea Gardens and
all associated structures (including a
wooden breakwater, small storage dock,
access ramp, small section of pier, and
approximately 25 pilings) would be
removed prior to construction of the
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new transload facility. The Undersea
Gardens is a floating structure that
houses an underwater aquarium and gift
shop. The structure itself would be
towed from its current location (via
tugboat) approximately 10 miles
upstream to Yaquina Boatyard, where it
would then be dismantled. In order to
access the Undersea Gardens with a
tugboat, the existing wooden breakwater
that protects the structure would have to
be removed. The breakwater is
comprised of vertical wooden boards
assembled in a line and supported by
steel and wood piles. The boards would
be removed by hand and the remaining
support piles (including approximately
five H-piles, five 12-inch diameter steel
piles, and five 12-inch diameter wooden
piles) would be removed with a
vibratory hammer.
Following removal of the breakwater,
approximately eight 12-inch diameter
wooden support piles and a small
section of pier, and two 12-inch
diameter spud piles that anchor the
storage dock would also be removed.
It is anticipated that piling removal
would require approximately 15
minutes of vibratory hammer use per
pile. All items removed would be
placed in a contained area on a service
barge and hauled to an upland location
for recycling or disposal. Removal of the
existing piles would require
approximately 6 hours of total vibratory
hammer use over a period of two to four
in-water work days. Removal of the
existing Undersea Gardens and
associated structures would result in the
removal of approximately 2,500 cubic
yards of existing in-water structures
from below the HMT of Yaquina Bay,
and 6,700 square feet of existing
overwater structures. No dredging or inwater excavation would be required.
(2) Construction of the New Transload
Facility
Wharf
The new transload facility would
consist of a 132-foot wide by 141-foot
deep wharf comprised of precast
concrete panels supported on up to 112
24-inch diameter steel support piles,
and 14 18-inch diameter steel fender
piles. The precast panels would be
approximately 4 feet wide by 20 feet
long, requiring seven panels supported
on eight rows of piles spaced 10-foot on
center across each row. The bottom of
each panel would be painted with
white, light reflecting paint to increase
natural lighting under the new wharf.
The new wharf would sit level with Bay
Boulevard, approximately 10 feet above
msl, and would result in approximately
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9,360 square feet of net new overwater
structure.
Piling Installation
The steel support piles and fender
piles would be installed using a
vibratory hammer and an impact
hammer (operating from a bargemounted crane) to a depth of
approximately 30 feet within the
substrate. All new piles would also be
treated with a white, light reflective
coating. Each new pile would require
approximately 15 to 30 minutes of
vibratory hammer use for installation. It
is likely that the vibratory hammer
would not fully embed the piles to the
required depth given the presence of
siltstone below the sediment. As such,
an impact hammer would be used to
seat the piles to the required depth. It
is anticipated that use of an impact
hammer would be needed for up to 10
feet of siltstone penetration. Up to 102
piles would be located below the HMT,
resulting in approximately 300 square
feet (555 cubic yards) of fill.
Based on a review of pile driving logs
from previous piling installation
projects, Bergerson anticipates that any
piles that cannot be fully embedded
with use of a vibratory hammer, may
require an average of 10 minutes of
impact hammer use, at an average rate
of 40 strikes per minute. Given the
amount of time it takes to set the crane
barge, center each pile, and switch
between the vibratory hammer and
impact hammer, it is estimated that the
average installation rate would be four
piles per day. This equates to
potentially 40 minutes of impact
hammer use (1,600 pile strikes) per day.
Pile driving would occur intermittently
over the course of approximately 12
weeks. The contractor would be
required to implement appropriate
sound attenuation methods (e.g., a
confined or unconfined bubble curtain)
as detailed in the Mitigation Measures
below. It is expected that proper use of
the bubble curtain would result in 10
decibel (dB) attenuation (NMFS 2011,
ICF Jones & Stokes and Illingworth &
Rodkin 2009). It is possible that proper
use of a bubble curtain can result in up
to 20 dB attenuation depending on site
specific conditions (ICF Jones & Stokes
and Illingworth & Rodkin 2009).
Cold Storage Building
The new wharf would sit level with
Bay Boulevard (approximately 10 feet
above msl) and would support a 4,000
square foot cold storage building and
500 square foot ice machine. The
proposed building would be used to
cold pack local fish and shellfish for
distribution. There may be some limited
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fish fillet processing for local
distribution only. Small forklifts would
be used on the wharf for unloading and
loading of boats and truck trailers.
Operation of the new transload facility
would not require pumping of water
from Yaquina Bay. All water would be
provided by local utilities. In addition,
no excavation or maintenance dredging
would be required to construct or
operate the new facility. Furthermore,
operation of the new transload facility
would not increase local boat traffic
within the vicinity of the action area.
The new facility would service local
fisherman already operating within
Yaquina Bay and local Newport
marinas. The operation of the new
transload facility is not expected to
impact on marine mammals in the
project vicinity.
A summary of piles to be removed
and installed is provided in Table 1.
TABLE 1—PROJECT PILES TO BE REMOVED AND INSTALLED
Location
Pile removal ............
Pile type
Pile size
(inch)
Breakwater at Undersea Garden .............
H pile ......................
Steel pile .................
Wooden pile ............
Wooden pile ............
Spud pile .................
........................
12
12
12
12
Vibratory
Vibratory
Vibratory
Vibratory
Vibratory
.................
.................
.................
.................
.................
5
5
5
8
2
Storage dock at Undersea Garden .........
Hammer used
Number piles
Total .................
..................................................................
.................................
........................
.................................
25
Pile driving ..............
Wharf for the new transload facility .........
Steel pile .................
Steer fender pile .....
24
18
Vibratory/impact ......
Vibratory/impact ......
112
14
Total .................
..................................................................
.................................
........................
.................................
126
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammal species under
NMFS jurisdiction most likely to occur
in the proposed construction area
include Pacific harbor seal (Phoca
vitulina richardsi) and California sea
lion (Zalophus californianus).
TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY
Species
ESA Status
MMPA Status
Harbor Seal ....................................
California Sea Lion ........................
Not listed .......................................
Not listed .......................................
Non-depleted ................................
Non-depleted ................................
General information on the marine
mammal species found in Oregon
coastal 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. Refer to that document for
information on these species. A list of
marine mammals in the vicinity of the
action and their status are provided in
Table 2. Specific information
concerning these species in the vicinity
of the proposed action area is provided
in detail in the Bergerson’s IHA
application (Turner and Campbell,
2015).
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Potential Effects of the Specified
Activity on Marine Mammals
This section includes a summary and
discussion of the ways that the types of
stressors associated with the specified
activity (e.g., pile removal and pile
driving) have been observed to impact
marine mammals. This discussion may
also include reactions that we consider
to rise to the level of a take and those
that we do not consider to rise to the
level of a take (for example, with
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acoustics, we may include a discussion
of studies that showed animals not
reacting at all to sound or exhibiting
barely measurable avoidance). This
section is intended as a background of
potential effects and does not consider
either the specific manner in which this
activity will be carried out or the
mitigation that will be implemented,
and how either of those will shape the
anticipated impacts from this specific
activity. The ‘‘Estimated Take by
Incidental Harassment’’ section later in
this document will include a
quantitative analysis of the number of
individuals that are expected to be taken
by this activity. The ‘‘Negligible Impact
Analysis’’ section will include the
analysis of how this specific activity
will impact marine mammals and will
consider the content of this section, the
‘‘Estimated Take by Incidental
Harassment’’ section, the ‘‘Proposed
Mitigation’’ section, and the
‘‘Anticipated Effects on Marine Mammal
Habitat’’ section to draw conclusions
regarding the likely impacts of this
activity on the reproductive success or
survivorship of individuals and from
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Occurrence
Frequent
Frequent
that on the affected marine mammal
populations or stocks.
When considering the influence of
various kinds of sound on the marine
environment, it is necessary to
understand that different kinds of
marine life are sensitive to different
frequencies of sound. Based on available
behavioral data, audiograms have been
derived using auditory evoked
potentials, anatomical modeling, and
other data, Southall et al. (2007)
designate ‘‘functional hearing groups’’
for marine mammals and estimate the
lower and upper frequencies of
functional hearing of the groups. The
functional groups and the associated
frequencies are indicated below (though
animals are less sensitive to sounds at
the outer edge of their functional range
and most sensitive to sounds of
frequencies within a smaller range
somewhere in the middle of their
functional hearing range):
• Low frequency cetaceans (13
species of mysticetes): Functional
hearing is estimated to occur between
approximately 7 Hz and 25 kHz
(however, a study by Au et al., (2006)
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of humpback whale songs indicate that
the range may extend to at least 24 kHz);
• Mid-frequency cetaceans (32
species of dolphins, six species of larger
toothed whales, and 19 species of
beaked and bottlenose whales):
Functional hearing is estimated to occur
between approximately 150 Hz and 160
kHz;
• High frequency cetaceans (eight
species of true porpoises, six species of
river dolphins, Kogia, the franciscana,
and four species of cephalorhynchids):
Functional hearing is estimated to occur
between approximately 200 Hz and 180
kHz; and
• Pinnipeds in Water: Functional
hearing is estimated to occur between
approximately 75 Hz and 75 kHz, with
the greatest sensitivity between
approximately 700 Hz and 20 kHz.
As mentioned previously in this
document, two marine mammal species
(both are pinniped species) are likely to
occur in the proposed seismic survey
area.
Marine mammals exposed to highintensity sound repeatedly or for
prolonged periods can experience
hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain
frequency ranges (Kastak et al. 1999;
Schlundt et al. 2000; Finneran et al.
2002; 2005). TS can be permanent
(PTS), in which case the loss of hearing
sensitivity is unrecoverable, or
temporary (TTS), in which case the
animal’s hearing threshold will recover
over time (Southall et al. 2007). Since
marine mammals depend on acoustic
cues for vital biological functions, such
as orientation, communication, finding
prey, and avoiding predators, hearing
impairment could result in the reduced
ability of marine mammals to detect or
interpret important sounds. Repeated
noise exposure that causes TTS could
lead to PTS.
Experiments on a bottlenose dolphin
(Tursiops truncates) and beluga whale
(Delphinapterus leucas) showed that
exposure to a single watergun impulse
at a received level of 207 kPa (or 30 psi)
peak-to-peak (p-p), which is equivalent
to 228 dB (p-p) re 1 mPa, resulted in a
7 and 6 dB TTS in the beluga whale at
0.4 and 30 kHz, respectively.
Thresholds returned to within 2 dB of
the pre-exposure level within 4 minutes
of the exposure (Finneran et al. 2002).
No TTS was observed in the bottlenose
dolphin. Although the source level of
one hammer strike for pile driving is
expected to be much lower than the
single watergun impulse cited here,
animals being exposed for a prolonged
period to repeated hammer strikes could
receive more noise exposure in terms of
sound exposure level (SEL) than from
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the single watergun impulse (estimated
at 188 dB re 1 mPa2-s) in the
aforementioned experiment (Finneran et
al. 2002).
Chronic exposure to excessive, though
not high-intensity, noise could cause
masking at particular frequencies for
marine mammals that utilize sound for
vital biological functions (Clark et al.
2009). Masking is the obscuring of
sounds of interest by other sounds, often
at similar frequencies. Masking
generally occurs when sounds in the
environment are louder than, and of a
similar frequency as, auditory signals an
animal is trying to receive. Masking can
interfere with detection of acoustic
signals, such as communication calls,
echolocation sounds, and
environmental sounds important to
marine mammals. Therefore, under
certain circumstances, marine mammals
whose acoustical sensors or
environment are being severely masked
could also be impaired.
Masking occurs at the frequency band
which the animals utilize. Since noise
generated from in-water vibratory pile
removal and driving is mostly
concentrated at low frequency ranges, it
may have little effect on high-frequency
echolocation sounds by odontocetes
(toothed whales), which may hunt
California sea lion and harbor seal.
However, the lower frequency manmade noises are more likely to affect the
detection of communication calls and
other potentially important natural
sounds, such as surf and prey noise. The
noises may also affect communication
signals when those signals occur near
the noise band, and thus reduce the
communication space of animals (e.g.,
Clark et al. 2009) and cause increased
stress levels (e.g., Foote et al. 2004; Holt
et al. 2009).
Unlike TS, masking can potentially
impact the species at community,
population, or even ecosystem levels, as
well as individual levels. Masking
affects both senders and receivers of the
signals and could have long-term
chronic effects on marine mammal
species and populations. Recent science
suggests that low frequency ambient
sound levels in the world’s oceans have
increased by as much as 20 dB (more
than 3 times, in terms of SPL) from preindustrial periods, and most of these
increases are from distant shipping
(Hildebrand 2009). All anthropogenic
noise sources, such as those from vessel
traffic and pile removal and driving,
contribute to the elevated ambient noise
levels, thus intensifying masking.
Finally, in addition to TS and
masking, exposure of marine mammals
to certain sounds could lead to
behavioral disturbance (Richardson et
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48503
al. 1995), such as: Changing durations of
surfacing and dives, number of blows
per surfacing, or moving direction and/
or speed; reduced/increased vocal
activities; changing/cessation of certain
behavioral activities, such as socializing
or feeding; visible startle response or
aggressive behavior, such as tail/fluke
slapping or jaw clapping; avoidance of
areas where noise sources are located;
and/or flight responses (e.g., pinnipeds
flushing into water from haulouts or
rookeries). The onset of behavioral
disturbance from anthropogenic noise
depends on both external factors
(characteristics of noise sources and
their paths) and the receiving animals
(hearing, motivation, experience,
demography), and is therefore difficult
to predict (Southall et al. 2007).The
activities of workers in the project area
may also cause behavioral reactions by
marine mammals, such as pinnipeds
flushing from the jetty or pier or moving
farther from the disturbance to forage.
However, observations of the area show
that it is unlikely that more than 10 to
20 individuals of pinnipeds would be
present in the project vicinity at any one
time. Therefore, even if pinnipeds were
flushed from the haul-out, a stampede is
very unlikely, due to the relatively low
number of animals onsite. In addition,
proposed mitigation and monitoring
measures would minimize the startle
behavior of pinnipeds and prevent the
animals from flushing into the water.
The biological significance of many of
these behavioral disturbances is difficult
to predict, especially if the detected
disturbances appear minor. However,
the consequences of behavioral
modification could be expected to be
biologically significant if the change
affects growth, survival, or
reproduction. Some of these types of
significant behavioral modifications
include: Drastic change in diving/
surfacing patterns (such as those
thought to be causing beaked whale
strandings due to exposure to military
mid-frequency tactical sonar); habitat
abandonment due to loss of desirable
acoustic environment; and cessation of
feeding or social interaction.
Potential Effects on Marine Mammal
Habitat
The primary potential impacts to
marine mammal habitat are associated
with elevated sound levels produced by
vibratory pile removal and pile driving
in the area. However, other potential
impacts to the surrounding habitat from
physical disturbance are also possible.
Potential Impacts on Prey Species
With regard to fish as a prey source
for cetaceans and pinnipeds, fish are
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known to hear and react to sounds and
to use sound to communicate (Tavolga
et al. 1981) and possibly avoid predators
(Wilson and Dill 2002). Experiments
have shown that fish can sense both the
strength and direction of sound
(Hawkins 1981). Primary factors
determining whether a fish can sense a
sound signal, and potentially react to it,
are the frequency of the signal and the
strength of the signal in relation to the
natural background noise level.
The level of sound at which a fish
will react or alter its behavior is usually
well above the detection level. Fish
have been found to react to sounds
when the sound level increased to about
20 dB above the detection level of 120
dB (Ona 1988); however, the response
threshold can depend on the time of
year and the fish’s physiological
condition (Engas et al. 1993). In general,
fish react more strongly to pulses of
sound rather than non-pulse signals
(such as noise from pile driving)
(Blaxter et al. 1981), and a quicker alarm
response is elicited when the sound
signal intensity rises rapidly compared
to sound rising more slowly to the same
level.
During the coastal construction only a
small fraction of the available habitat
would be ensonified at any given time.
Disturbance to fish species would be
short-term and fish would return to
their pre-disturbance behavior once the
pile driving activity ceases. Thus, the
proposed construction would have
little, if any, impact on the abilities of
marine mammals to feed in the area
where construction work is planned.
Finally, the time of the proposed
construction activity would avoid the
spawning season of the ESA-listed
salmonid species.
Passage Obstructions
Pile removal and driving operations at
the Front Street Transload Facility will
not obstruct movements of marine
mammals. The operations at the
construction will occur next to the
shoreline, leaving the majority of the
Yaquina Bay for marine mammals to
pass.
Proposed Mitigation Measures
In order to issue an incidental take
authorization 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 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 Bergerson’s proposed Front Street
Transload Facility construction project,
Bergerson worked with NMFS and
proposed the following mitigation
measures to minimize the potential
impacts to marine mammals in the
project vicinity. The primary purposes
of these mitigation measures are to
minimize sound levels from the
activities, to monitor marine mammals
within designated zones of influence
(ZOI) corresponding to NMFS’ current
Level B harassment thresholds and, if
marine mammals are detected within or
approaching the exclusion zone, to
initiate immediate shutdown or power
down of the impact piling hammer,
making it very unlikely potential injury
or TTS to marine mammals would occur
and ensuring that Level B behavioral
harassment of marine mammals would
be reduced to the lowest level
practicable.
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
November 1, 2015, and February 15,
2016.
Air Bubble Curtain
Bergerson would be required to install
an air bubble curtain system around the
pile during pile installation using an
impact hammer.
Establishment of Exclusion Zone and
Level B Harassment Zones of Influence
Before the commencement of in-water
pile driving activities, Bergerson shall
establish Level A exclusion zones and
Level B zones of influence (ZOIs). The
received underwater sound pressure
levels (SPLs) within the exclusion zone
would be 190 dB (rms) re 1 mPa and
above. The Level B ZOIs would
encompass areas where received
underwater 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.
Based on measurements conducted in
nearby in similar water depth and
sediment type in the Yaquina Bay for
the NOAA Marine Operation Center P
Test Pile Program (Miner, 2010), average
vibratory hammer sound pressure level
for 24-inch steel pile at 10 meters from
the pile is 157 dB re 1 mPa (Minor 2010;
ICF Jones & Stokes and Illingworth &and
Rodkin 2009). Based on practical
spreading model with a transmission
loss constant of 15, the distance at
which the sound pressure levels fall
below the 120 dB (rms) re 1 mPa is
approximately 1.8 miles from the pile
(Miner, 2010).
Modeling of exclusion zone and ZOIs
for impact pile driving source level are
based on measurements conducted at
the nearby Tongue Point Facility in
Astoria, Oregon, for installation of 24-in
steel pile with an impact hammer
(Illingworth and Rodkin, 2009). The
result shows that the SPL at 10 m from
the pile is 182 dB (rms) re 1 mPa.
Nevertheless, a conservative 190 dB
(rms) re 1 mPa value at 10 m and a
practical spreading with a transmission
loss constant of 15 are used to establish
the exclusion zone and ZOI. The result
shows that the distance at which the
SPLs fall below the 160 dB (rms) re 1
mPa behavioral threshold for impact
hammering is approximately 0.62 miles.
With a bubble curtain and an estimated
10 dB reduction in sound levels, the
distance at which the sound pressure
levels fall below the 160 dB RMS
behavioral threshold for impact
hammering is approximately 707 feet.
The exclusion zone with the air bubble
curtain system would be 7 feet from the
pile.
The exclusion zone for Level A
harassment and ZOIs for Level B
harassment are presented in Table 3
below.
tkelley on DSK3SPTVN1PROD with NOTICES
TABLE 3—MODELED LEVEL A AND LEVEL B HARASSMENT ZONES FOR VIBRATORY AND IMPACT PILE DRIVING ACTIVITIES
Pile driving methods
Distance to 190 dB (m)
Distance to 160 dB (m)
Vibratory pile driving/removal ........
Impact pile driving ..........................
NA .................................................
10/2.1 (with air bubble system) ....
NA .................................................
1,000/215 (with air bubble system).
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Distance to 120 dB (m)
2,900
NA
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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.
For impact pile driving, the contractor
would provide an initial set of strikes
from the impact hammer at reduced
energy, followed by a 30-second waiting
period, then two subsequent sets. (The
reduced energy of an individual
hammer cannot be quantified because of
variations between individual drivers.
Also, the number of strikes will vary at
reduced energy because raising the
hammer at less than full power and then
releasing it results in the hammer
‘‘bouncing’’ as it strikes the pile
resulting in multiple ‘‘strikes’’).
For vibratory pile driving, the
contractor will initiate noise from
vibratory hammers for 15 seconds at
reduced energy followed by a 30-second
waiting period. The procedure shall be
repeated two additional times.
Shutdown Measures
Bergerson 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.
tkelley on DSK3SPTVN1PROD with NOTICES
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
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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 preliminarily 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.
Proposed Monitoring and Reporting
In order to issue an incidental take
authorization (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)
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48505
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. Bergerson submitted a
marine mammal monitoring plan as part
of the IHA application. It can be found
at https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. The plan may
be modified or supplemented based on
comments or new information received
from the public during the public
comment period.
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, TTS, or PTS;
(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:
• 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);
• 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);
• 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.
Proposed Monitoring Measures
During pile removal and installation,
two land-based protected species
observers (PSOs) would monitor the
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area from the best observation points
available. If weather conditions prevent
adequate land-based observations of the
entire ensonified zones, boat-based
monitoring would be implemented.
The PSOs would 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
or approaching the exclusion zone, the
PSO would 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).
Data collection during marine
mammal monitoring would 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.
Proposed Reporting Measures
Bergerson would be required to
submit a final monitoring report within
90 days after completion of the
construction work or the expiration of
the IHA (if issued), whichever comes
earlier. This report would detail the
monitoring protocol, summarize the
data recorded during monitoring, and
estimate the number of marine
mammals that may have been harassed.
NMFS would have an opportunity to
provide comments on the report, and if
NMFS has comments, Bergerson would
address the comments and submit a
final report to NMFS within 30 days.
In addition, NMFS would require
Bergerson 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. Bergerson 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 Bergerson finds an
injured or dead marine mammal that is
not in the vicinity of the construction
area, Bergerson would report the same
information as listed above to NMFS as
soon as operationally feasible.
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
removal and pile driving (vibratory and
impact) generate loud noises that could
potentially harass marine mammals in
the vicinity of Bergerson’s proposed
Front Street Transload Facility
construction project.
As mentioned earlier in this
document, 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 4
summarizes the current NMFS marine
mammal take criteria.
TABLE 4—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER
Criterion
Criterion definition
Threshold
Level A Harassment (Injury) ...........
Permanent Threshold Shift (PTS) (Any level above
that which is known to cause TTS).
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).
tkelley on DSK3SPTVN1PROD with NOTICES
Level B Harassment ........................
Level B Harassment ........................
As explained above, exclusion and
ZOIs will be established that encompass
the areas where received underwater
sound pressure levels (SPLs) exceed the
applicable thresholds for Level A and
Level B harassments. In the case of
Bergerson’s proposed Front Street
Transload Facility construction project,
the Level B harassment ZOIs for impact
and vibratory pile driving are at 215 m
and 2,900 m from the source,
respectively. The Level A harassment
exclusion from impact pile driving is
2.1 m from the source.
Incidental take is calculated for each
species by estimating the likelihood of
a marine mammal being present within
a ZOI during active pile removal/
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driving. Expected marine mammal
presence is determined by past
observations and general abundance
near the Front Street Transload Facility
during the construction window.
Ideally, potential take is estimated by
multiplying the area of the ZOI by the
local animal density. This provides an
estimate of the number of animals that
might occupy the ZOI at any given
moment. However, there are no density
estimates for any Puget Sound
population of marine mammal. As a
result, the take requests were estimated
using local marine mammal data sets,
and information from state and federal
agencies.
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The calculation for marine mammal
exposures is estimated by:
Exposure estimate = N (number of
animals in the area) * 30 days of pile
removal/driving activity
Estimates include Level B acoustical
harassment during pile removal and
driving. All estimates are conservative,
as pile removal/driving would not be
continuous during the work day. Using
this approach, a summary of estimated
takes of marine mammals incidental to
Bergerson’s Front Street Transload
Facility construction work are provided
in Table 5.
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48507
TABLE 5—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED BY LEVEL B HARASSMENT FROM PILE
AND PILE DRIVING ACTIVITIES
Estimated
marine mammal
takes
Species
Pacific harbor seal .....................................................................................................
California sea lion ......................................................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis and Preliminary
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.
To avoid repetition, this introductory
discussion of our analyses applies to all
the species listed in Table 5, given that
the anticipated effects of Bergerson’s
Front Street Transload Facility
construction on marine mammals are
expected to be relatively similar in
nature. There is no information about
the nature or severity of the impacts, or
the size, status, or structure of any
species or stock that would lead to a
different analysis for this activity, else
species-specific factors would be
identified and analyzed.
Bergerson’s proposed Front Street
Transload Facility construction project
would involve vibratory pile removal
and vibratory and impact pile driving
activities. Elevated underwater noises
are expected to be generated as a result
of these activities. The exclusion zone
for Level A harassment is extremely
small (2.1 m from the source) with the
use of air bubble curtain system, and
with the implementation of the
proposed monitoring and mitigation
measures described above, there would
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750
1,100
be no Level A take of marine mammals.
For vibratory pile removal and pile
driving, noise levels are not expected to
reach the level that may cause TTS,
injury (including PTS), or mortality to
marine mammals.
Additionally, the sum of noise from
Bergerson’s proposed Front Street
Transload Facility construction
activities is confined to a limited area by
surrounding landmasses; therefore, the
noise generated is not expected to
contribute to increased ocean ambient
noise. In addition, due to shallow water
depths in the project area, underwater
sound propagation of low-frequency
sound (which is the major noise source
from pile driving) is expected to be
poor.
In addition, Bergerson’s proposed
activities are localized and of short
duration. The entire project area is
limited to Bergerson’s Front Street
Transload Facility construction work.
The entire project would involve the
removal of 25 existing piles and
installation of 126 piles. The duration
for pile removal and pile driving would
be 30 days. 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 Front
Street Transload Facility construction
work 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 proposed project area is not a
prime habitat for marine mammals, nor
is it considered an area frequented by
marine mammals. Therefore, behavioral
disturbances that could result from
anthropogenic noise associated with
Bergerson’s construction activities are
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Abundance
16,165
296,750
Percentage
4.64
3.71
expected to affect only a small number
of marine mammals on an infrequent
and limited basis.
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 preliminarily finds
that the total marine mammal take from
Bergerson’s Front Street Transload
Facility construction 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 750
harbor seals and 1,100 California sea
lions could be exposed to received noise
levels that could cause Level B
behavioral harassment from the
proposed construction work at the Front
Street Transload Facility in Newport,
Oregon. These numbers represent
approximately 4.6% and 3.7% of the
populations of harbor seal and
California sea lion, respectively, that
could be affected by Level B behavioral
harassment, respectively (see Table 5
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,
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which are expected to reduce the
number of marine mammals potentially
affected by the proposed action, NMFS
preliminarily 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)
NMFS has determined that issuance
of the IHA will have no effect on listed
marine mammals, as none are known to
occur in the action area.
National Environmental Policy Act
(NEPA)
NMFS prepared a draft Environmental
Assessment (EA) for the proposed
issuance of an IHA, pursuant to NEPA,
to determine whether or not this
proposed activity may have a significant
effect on the human environment. This
analysis will be completed prior to the
issuance or denial of this proposed IHA.
tkelley on DSK3SPTVN1PROD with NOTICES
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to Bergerson for conducting the
Front Street Transload Facility
construction project, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. The proposed IHA
language is provided next.
1. This Authorization is valid from
November 1, 2015, through October 31,
2016.
2. This Authorization is valid only for
activities associated in-water
construction work at the Front Street
Transload Facility construction project
in Newport, Oregon.
3. (a) The species authorized for
incidental harassment takings, Level B
harassment only, are: Pacific harbor seal
(Phoca vitulina richardsi) and California
sea lion (Zalophus californianus).
(b) The authorization for taking by
harassment is limited to the following
acoustic sources and from the following
activities:
• Vibratory and impact pile driving;
• Vibratory pile removal; and
• Work associated with above piling
activities.
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(c) The taking of any marine mammal
in a manner prohibited under this
Authorization must be reported within
24 hours of the taking to the West Coast
Administrator (206–526–6150), National
Marine Fisheries Service (NMFS) and
the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401, or her designee (301–427–
8401).
4. The holder of this Authorization
must notify the Chief of the Permits and
Conservation Division, Office of
Protected Resources, at least 48 hours
prior to the start of activities identified
in 3(b) (unless constrained by the date
of issuance of this Authorization in
which case notification shall be made as
soon as possible).
5. Prohibitions
(a) The taking, by incidental
harassment only, is limited to the
species listed under condition 3(a)
above and by the numbers listed in
Table 5. The taking by Level A
harassment, injury or death of these
species or the taking by harassment,
injury or death of any other species of
marine mammal is prohibited and may
result in the modification, suspension,
or revocation of this Authorization.
(b) The taking of any marine mammal
is prohibited whenever the required
protected species observers (PSOs),
required by condition 7(a), are not
present in conformance with condition
7(a) of this Authorization.
6. Mitigation
(a) Time Restriction
In-water construction work shall
occur only during daylight hours, when
visual monitoring of marine mammals
can be conducted.
(b) Air Bubble Curtain
Bergerson shall install an air bubble
curtain system around the pile during
pile installation using an impact
hammer.
(c) Establishment of Level A
Exclusion Zone
Before the commencement of in-water
impact pile driving activities, Bergerson
shall establish Level A exclusion zone
where received underwater sound
pressure levels (SPLs) are higher than
190 dB (rms) re 1 mPa. The modeled
isopleths for exclusion zone 2.1 m from
the source.
(d) Establishment of Level B
Harassment Zones of Influence
Before the commencement of in-water
pile driving activities, Bergerson shall
establish Level B behavioral harassment
zones of influence (ZOIs) where
received underwater sound pressure
levels (SPLs) are higher than 120 dB
(rms) re 1 mPa for vibratory pile driving
and pile removal, and 160 dB (rms) re
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1 mPa for impact pile driving. The
modeled isopleths for vibratory pile
driving and pile removal ZOI is 2,900 m
from the source, and the modeled
isopleths for impact pile driving ZOI is
215 m from the source.
(e) Monitoring of marine mammals
shall take place starting 30 minutes
before pile driving begins until 30
minutes after pile driving ends.
(f) Soft Start
(i) When there has been downtime of
30 minutes or more without pile
driving, the contractor will initiate the
driving with ramp-up procedures
described below.
(ii) For impact pile driving, the
contractor would provide an initial set
of strikes from the impact hammer at
reduced energy, followed by a 30second waiting period, then two
subsequent sets.
(iii) For vibratory pile driving, the
contractor will initiate noise from
vibratory hammers for 15 seconds at
reduced energy followed by a 30-second
waiting period. The procedure shall be
repeated two additional times.
(g) Shutdown Measures
(i) Bergerson shall implement
shutdown measures if a marine mammal
is sighted within or 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.
(ii) Bergerson shall implement
shutdown measures if the number of
any allotted marine mammal takes
reaches the limit under the IHA (if
issued), if such marine mammals are
sighted within the vicinity of the project
area and are approaching the Level B
ZOI during pile removal activities.
(iii) Bergerson shall implement
shutdown measures if marine mammals
with the ZOI appear disturbed by the
work activity.
7. Monitoring:
(a) Protected Species Observers
Bergerson shall employ NMFSapproved PSOs to conduct marine
mammal monitoring for its construction
project.
(i) During pile removal and
installation, two land-based protected
species observers (PSOs) shall monitor
the area from the best observation points
available.
(ii) If weather conditions prevent
adequate land-based observations of the
entire ensonified zones, boat-based
monitoring shall be implemented.
(ii) Experience or training in the field
identification of marine mammals
(cetaceans and pinnipeds).
(iii) Monitoring of marine mammals
around the construction site shall be
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conducted using high-quality binoculars
(e.g., Zeiss, 10 × 42 power).
(iv) Data collection during marine
mammal monitoring would 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.
8. Reporting:
(a) Bergerson shall provide NMFS
with a draft monitoring report within 90
days of the conclusion of the
construction work or within 90 days of
the expiration of the IHA, whichever
comes first. This report shall detail the
monitoring protocol, summarize the
data recorded during monitoring, and
estimate the number of marine
mammals that may have been harassed.
(b) If comments are received from the
NMFS West Coast Regional
Administrator or NMFS Office of
Protected Resources on the draft report,
a final report shall 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.
(c) In the unanticipated event that the
construction activities clearly cause the
take of a marine mammal in a manner
prohibited by this Authorization (if
issued), such as an injury, serious
injury, or mortality, Bergerson shall
immediately cease all operations and
immediately report the incident to the
Chief, 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, 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 Bergerson to
VerDate Sep<11>2014
16:56 Aug 12, 2015
Jkt 235001
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
compliance. Bergerson may not resume
their activities until notified by NMFS
via letter, email, or telephone.
(E) In the event that Bergerson
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), Bergerson will
immediately report the incident to the
Chief, 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
Bergerson to determine whether
modifications in the activities are
appropriate.
(F) In the event that Bergerson
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), Bergerson shall
report the incident to the Chief, Permits
and Conservation Division, Office of
Protected Resources, NMFS, and the
West Coast Regional Stranding
Coordinators, within 24 hours of the
discovery. Bergerson shall provide
photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
Bergerson can continue its operations
under such a case.
9. This Authorization may be
modified, suspended or withdrawn if
the holder fails to abide by the
conditions prescribed herein or if the
authorized taking is having more than a
negligible impact on the species or stock
of affected marine mammals, or if there
is an unmitigable adverse impact on the
availability of such species or stocks for
subsistence uses.
10. A copy of this Authorization must
be in the possession of each contractor
who performs the construction work at
the Front Street Transload Facility
constructions.
Dated: August 10, 2015.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–19958 Filed 8–12–15; 8:45 am]
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48509
DEPARTMENT OF DEFENSE
Office of the Secretary
Reserve Forces Policy Board (RFPB);
Notice of Federal Advisory Committee
Meeting
Office of the Secretary of
Defense, Reserve Forces Policy Board,
DoD.
ACTION: Notice of Federal Advisory
Committee Meeting.
AGENCY:
The Department of Defense is
publishing this notice to announce that
the following Federal Advisory
Committee meeting of the Reserve
Forces Policy Board will take place.
DATES: Wednesday, September 2, 2015
from 8:20 a.m. to 4:30 p.m.
ADDRESSES: The address for the Open
Session of the meeting is the Army Navy
Country Club, 1700 Army Navy Drive,
Arlington, VA 22202.
FOR FURTHER INFORMATION CONTACT: Mr.
Alex Sabol, Designated Federal Officer,
(703) 681–0577 (Voice), (703) 681–0002
(Facsimile), Email—
Alexander.J.Sabol.Civ@Mail.Mil.
Mailing address is Reserve Forces Policy
Board, 5113 Leesburg Pike, Suite 601,
Falls Church, VA 22041. Web site:
https://rfpb.defense.gov/. The most upto-date changes to the meeting can be
found on the RFPB’s Web site.
SUPPLEMENTARY INFORMATION: This
meeting notice is being published under
the provisions of the Federal Advisory
Committee Act of 1972 (FACA) (5
U.S.C., Appendix, as amended), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150.
Purpose of the Meeting: The purpose
of the meeting is to obtain, review and
evaluate information related to
strategies, policies, and practices
designed to improve and enhance the
capabilities, efficiency, and
effectiveness of the Reserve
Components. Additionally, the Board
will review its work from the past year
and determine what matters to include
in the annual report required by law to
be transmitted to the President and the
Congress by the Secretary of Defense.
Agenda: The RFPB will hold a
meeting from 8:20 a.m. until 4:30 p.m.
The meeting will be open to the public
and will focus on discussions of the
Service’s personnel system reforms
being considered under the Force of the
Future initiative and its effects on the
Reserve Components to the RFPB from
the invited speakers to include the
Acting Under Secretary of Defense
(Personnel and Readiness), Chief of
Naval Personnel, U.S. Navy; Deputy
SUMMARY:
E:\FR\FM\13AUN1.SGM
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Agencies
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Notices]
[Pages 48500-48509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19958]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE097
Taking of Marine Mammals Incidental to Specified Activities;
Front Street Transload Facility Construction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Bergerson Construction,
Inc. (Bergerson) for an authorization to take small numbers of two
species of marine mammals, by Level B harassment, incidental to
proposed construction activities for Front Street Transload Facility
construction project in Newport, Oregon. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is requesting comments on its proposal to
issue an authorization to Bergerson to incidentally take, by
harassment, small numbers of marine mammals for a period of 1 year.
DATES: Comments and information must be received no later than
September 14, 2015.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910. The mailbox address for providing email
comments is itp.guan@noaa.gov. NMFS is not responsible for email
comments sent to addresses other than the one provided here. Comments
sent via email, including all attachments, must not exceed a 25-
megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the application may be obtained by writing to the address
specified above 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
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 April 22, 2015, Bergerson submitted a request to NMFS requesting
an IHA for the possible harassment of small numbers of Pacific harbor
seal (Phoca vitulina richardii) and California sea lion (Zalophus
californianus) incidental to construction associated with the Front
Street Marine Transload Facility in the city of Newport, Oregon, for a
period of one year starting November 2015. NMFS determined the IHA
application was complete on July 29, 2015, and proposes to issue an IHA
that would be valid between November 1, 2015, and October 31, 2016.
NMFS is proposing to authorize the Level B harassment of Pacific harbor
seal and California sea lion.
Description of the Specified Activity
Overview
The purpose of the proposed Front Street Marine Transload Facility
construction is to construct a new transload and fish buying facility
at the current location of the Undersea Gardens. The new transload
facility would provide local fisherman with an alternative location for
selling their fish and shellfish in Newport, Oregon (see Figure 1 of
Bergerson's IHA application).
The current Undersea Gardens and all associated structures would be
removed prior to construction of the new facility. The new transload
facility would consist of a 132-foot wide by 141-foot deep wharf
comprised of precast concrete panels supported on steel
[[Page 48501]]
piles. Up to 112 24-inch diameter steel support piles and 14 18-inch
diameter steel fender piles would be installed. The new wharf would sit
level with Bay Boulevard, approximately 10 feet above mean sea level
(msl), and would support a 4,000 square foot cold storage building and
500 square foot ice machine. Approximately 15,860 square feet of the
new wharf would be suspended over water, resulting in approximately
9,160 square feet of net new overwater structure following removal of
the existing Undersea Gardens and its associated structures
(approximately 6,700 square feet).
The proposed project would result in a net removal of approximately
2,000 cubic yards of existing structural components from below the
highest measured tide (HMT) of Yaquina Bay. Construction is scheduled
to begin in November 2015, with completion of the wharf expected by
September 2016. The associated cold storage building would be
constructed after completion of the wharf. The proposed project would
require approximately 12 weeks of in-water work. Construction crews and
equipment would access the project site via existing roadways and two
floating barges, including a crane barge (measuring 60 by 100 feet)
secured with two spud piles, and a material barge (measuring 40 by 100
feet) moored to the crane barge. Piles would be installed using a
vibratory hammer with some use of an impact hammer to seat the piles to
their desired depth.
Dates and Duration
In-water construction is planned to take place between November
2015 and October 2016, with in-water pile removal and pile driving
activities limited between November 1, 2015, and February 15, 2016.
Specified Geographic Region
The proposed activities will occur at the current Undersea Garden
located in Yaquina Bay along Bay Boulevard in Newport, Oregon (see
Figure 1 of Bergerson's IHA application).
Detailed Description of Front Street Transload Facility Construction
Details of each activity for the Front Street Transload Facility
construction project are provided below.
(1) Removal of the Existing Undersea Gardens
The existing Undersea Gardens and all associated structures
(including a wooden breakwater, small storage dock, access ramp, small
section of pier, and approximately 25 pilings) would be removed prior
to construction of the new transload facility. The Undersea Gardens is
a floating structure that houses an underwater aquarium and gift shop.
The structure itself would be towed from its current location (via
tugboat) approximately 10 miles upstream to Yaquina Boatyard, where it
would then be dismantled. In order to access the Undersea Gardens with
a tugboat, the existing wooden breakwater that protects the structure
would have to be removed. The breakwater is comprised of vertical
wooden boards assembled in a line and supported by steel and wood
piles. The boards would be removed by hand and the remaining support
piles (including approximately five H-piles, five 12-inch diameter
steel piles, and five 12-inch diameter wooden piles) would be removed
with a vibratory hammer.
Following removal of the breakwater, approximately eight 12-inch
diameter wooden support piles and a small section of pier, and two 12-
inch diameter spud piles that anchor the storage dock would also be
removed.
It is anticipated that piling removal would require approximately
15 minutes of vibratory hammer use per pile. All items removed would be
placed in a contained area on a service barge and hauled to an upland
location for recycling or disposal. Removal of the existing piles would
require approximately 6 hours of total vibratory hammer use over a
period of two to four in-water work days. Removal of the existing
Undersea Gardens and associated structures would result in the removal
of approximately 2,500 cubic yards of existing in-water structures from
below the HMT of Yaquina Bay, and 6,700 square feet of existing
overwater structures. No dredging or in-water excavation would be
required.
(2) Construction of the New Transload Facility
Wharf
The new transload facility would consist of a 132-foot wide by 141-
foot deep wharf comprised of precast concrete panels supported on up to
112 24-inch diameter steel support piles, and 14 18-inch diameter steel
fender piles. The precast panels would be approximately 4 feet wide by
20 feet long, requiring seven panels supported on eight rows of piles
spaced 10-foot on center across each row. The bottom of each panel
would be painted with white, light reflecting paint to increase natural
lighting under the new wharf. The new wharf would sit level with Bay
Boulevard, approximately 10 feet above msl, and would result in
approximately 9,360 square feet of net new overwater structure.
Piling Installation
The steel support piles and fender piles would be installed using a
vibratory hammer and an impact hammer (operating from a barge-mounted
crane) to a depth of approximately 30 feet within the substrate. All
new piles would also be treated with a white, light reflective coating.
Each new pile would require approximately 15 to 30 minutes of vibratory
hammer use for installation. It is likely that the vibratory hammer
would not fully embed the piles to the required depth given the
presence of siltstone below the sediment. As such, an impact hammer
would be used to seat the piles to the required depth. It is
anticipated that use of an impact hammer would be needed for up to 10
feet of siltstone penetration. Up to 102 piles would be located below
the HMT, resulting in approximately 300 square feet (555 cubic yards)
of fill.
Based on a review of pile driving logs from previous piling
installation projects, Bergerson anticipates that any piles that cannot
be fully embedded with use of a vibratory hammer, may require an
average of 10 minutes of impact hammer use, at an average rate of 40
strikes per minute. Given the amount of time it takes to set the crane
barge, center each pile, and switch between the vibratory hammer and
impact hammer, it is estimated that the average installation rate would
be four piles per day. This equates to potentially 40 minutes of impact
hammer use (1,600 pile strikes) per day. Pile driving would occur
intermittently over the course of approximately 12 weeks. The
contractor would be required to implement appropriate sound attenuation
methods (e.g., a confined or unconfined bubble curtain) as detailed in
the Mitigation Measures below. It is expected that proper use of the
bubble curtain would result in 10 decibel (dB) attenuation (NMFS 2011,
ICF Jones & Stokes and Illingworth & Rodkin 2009). It is possible that
proper use of a bubble curtain can result in up to 20 dB attenuation
depending on site specific conditions (ICF Jones & Stokes and
Illingworth & Rodkin 2009).
Cold Storage Building
The new wharf would sit level with Bay Boulevard (approximately 10
feet above msl) and would support a 4,000 square foot cold storage
building and 500 square foot ice machine. The proposed building would
be used to cold pack local fish and shellfish for distribution. There
may be some limited
[[Page 48502]]
fish fillet processing for local distribution only. Small forklifts
would be used on the wharf for unloading and loading of boats and truck
trailers. Operation of the new transload facility would not require
pumping of water from Yaquina Bay. All water would be provided by local
utilities. In addition, no excavation or maintenance dredging would be
required to construct or operate the new facility. Furthermore,
operation of the new transload facility would not increase local boat
traffic within the vicinity of the action area. The new facility would
service local fisherman already operating within Yaquina Bay and local
Newport marinas. The operation of the new transload facility is not
expected to impact on marine mammals in the project vicinity.
A summary of piles to be removed and installed is provided in Table
1.
Table 1--Project Piles To Be Removed and Installed
----------------------------------------------------------------------------------------------------------------
Pile size
Location Pile type (inch) Hammer used Number piles
----------------------------------------------------------------------------------------------------------------
Pile removal................. Breakwater at H pile......... .............. Vibratory...... 5
Undersea Steel pile..... 12 Vibratory...... 5
Garden. Wooden pile.... 12 Vibratory...... 5
Storage dock at Wooden pile.... 12 Vibratory...... 8
Undersea Spud pile...... 12 Vibratory...... 2
Garden.
---------------
Total.................... ............... ............... .............. ............... 25
----------------------------------------------------------------------------------------------------------------
Pile driving................. Wharf for the Steel pile..... 24 Vibratory/ 112
new transload Steer fender 18 impact. 14
facility. pile. Vibratory/
impact.
---------------
Total.................... ............... ............... .............. ............... 126
----------------------------------------------------------------------------------------------------------------
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species under NMFS jurisdiction most likely to
occur in the proposed construction area include Pacific harbor seal
(Phoca vitulina richardsi) and California sea lion (Zalophus
californianus).
Table 2--Marine Mammal Species Potentially Present in Region of Activity
----------------------------------------------------------------------------------------------------------------
Species ESA Status MMPA Status Occurrence
----------------------------------------------------------------------------------------------------------------
Harbor Seal.......................... Not listed............. Non-depleted........... Frequent
California Sea Lion.................. Not listed............. Non-depleted........... Frequent
----------------------------------------------------------------------------------------------------------------
General information on the marine mammal species found in Oregon
coastal 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. Refer to that document for information on these species. A
list of marine mammals in the vicinity of the action and their status
are provided in Table 2. Specific information concerning these species
in the vicinity of the proposed action area is provided in detail in
the Bergerson's IHA application (Turner and Campbell, 2015).
Potential Effects of the Specified Activity on Marine Mammals
This section includes a summary and discussion of the ways that the
types of stressors associated with the specified activity (e.g., pile
removal and pile driving) have been observed to impact marine mammals.
This discussion may also include reactions that we consider to rise to
the level of a take and those that we do not consider to rise to the
level of a take (for example, with acoustics, we may include a
discussion of studies that showed animals not reacting at all to sound
or exhibiting barely measurable avoidance). This section is intended as
a background of potential effects and does not consider either the
specific manner in which this activity will be carried out or the
mitigation that will be implemented, and how either of those will shape
the anticipated impacts from this specific activity. The ``Estimated
Take by Incidental Harassment'' section later in this document will
include a quantitative analysis of the number of individuals that are
expected to be taken by this activity. The ``Negligible Impact
Analysis'' section will include the analysis of how this specific
activity will impact marine mammals and will consider the content of
this section, the ``Estimated Take by Incidental Harassment'' section,
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on
Marine Mammal Habitat'' section to draw conclusions regarding the
likely impacts of this activity on the reproductive success or
survivorship of individuals and from that on the affected marine mammal
populations or stocks.
When considering the influence of various kinds of sound on the
marine environment, it is necessary to understand that different kinds
of marine life are sensitive to different frequencies of sound. Based
on available behavioral data, audiograms have been derived using
auditory evoked potentials, anatomical modeling, and other data,
Southall et al. (2007) designate ``functional hearing groups'' for
marine mammals and estimate the lower and upper frequencies of
functional hearing of the groups. The functional groups and the
associated frequencies are indicated below (though animals are less
sensitive to sounds at the outer edge of their functional range and
most sensitive to sounds of frequencies within a smaller range
somewhere in the middle of their functional hearing range):
Low frequency cetaceans (13 species of mysticetes):
Functional hearing is estimated to occur between approximately 7 Hz and
25 kHz (however, a study by Au et al., (2006)
[[Page 48503]]
of humpback whale songs indicate that the range may extend to at least
24 kHz);
Mid-frequency cetaceans (32 species of dolphins, six
species of larger toothed whales, and 19 species of beaked and
bottlenose whales): Functional hearing is estimated to occur between
approximately 150 Hz and 160 kHz;
High frequency cetaceans (eight species of true porpoises,
six species of river dolphins, Kogia, the franciscana, and four species
of cephalorhynchids): Functional hearing is estimated to occur between
approximately 200 Hz and 180 kHz; and
Pinnipeds in Water: Functional hearing is estimated to
occur between approximately 75 Hz and 75 kHz, with the greatest
sensitivity between approximately 700 Hz and 20 kHz.
As mentioned previously in this document, two marine mammal species
(both are pinniped species) are likely to occur in the proposed seismic
survey area.
Marine mammals exposed to high-intensity sound repeatedly or for
prolonged periods can experience hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain frequency ranges (Kastak et
al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be
permanent (PTS), in which case the loss of hearing sensitivity is
unrecoverable, or temporary (TTS), in which case the animal's hearing
threshold will recover over time (Southall et al. 2007). Since marine
mammals depend on acoustic cues for vital biological functions, such as
orientation, communication, finding prey, and avoiding predators,
hearing impairment could result in the reduced ability of marine
mammals to detect or interpret important sounds. Repeated noise
exposure that causes TTS could lead to PTS.
Experiments on a bottlenose dolphin (Tursiops truncates) and beluga
whale (Delphinapterus leucas) showed that exposure to a single watergun
impulse at a received level of 207 kPa (or 30 psi) peak-to-peak (p-p),
which is equivalent to 228 dB (p-p) re 1 [mu]Pa, resulted in a 7 and 6
dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds
returned to within 2 dB of the pre-exposure level within 4 minutes of
the exposure (Finneran et al. 2002). No TTS was observed in the
bottlenose dolphin. Although the source level of one hammer strike for
pile driving is expected to be much lower than the single watergun
impulse cited here, animals being exposed for a prolonged period to
repeated hammer strikes could receive more noise exposure in terms of
sound exposure level (SEL) than from the single watergun impulse
(estimated at 188 dB re 1 [mu]Pa\2\-s) in the aforementioned experiment
(Finneran et al. 2002).
Chronic exposure to excessive, though not high-intensity, noise
could cause masking at particular frequencies for marine mammals that
utilize sound for vital biological functions (Clark et al. 2009).
Masking is the obscuring of sounds of interest by other sounds, often
at similar frequencies. Masking generally occurs when sounds in the
environment are louder than, and of a similar frequency as, auditory
signals an animal is trying to receive. Masking can interfere with
detection of acoustic signals, such as communication calls,
echolocation sounds, and environmental sounds important to marine
mammals. Therefore, under certain circumstances, marine mammals whose
acoustical sensors or environment are being severely masked could also
be impaired.
Masking occurs at the frequency band which the animals utilize.
Since noise generated from in-water vibratory pile removal and driving
is mostly concentrated at low frequency ranges, it may have little
effect on high-frequency echolocation sounds by odontocetes (toothed
whales), which may hunt California sea lion and harbor seal. However,
the lower frequency man-made noises are more likely to affect the
detection of communication calls and other potentially important
natural sounds, such as surf and prey noise. The noises may also affect
communication signals when those signals occur near the noise band, and
thus reduce the communication space of animals (e.g., Clark et al.
2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt
et al. 2009).
Unlike TS, masking can potentially impact the species at community,
population, or even ecosystem levels, as well as individual levels.
Masking affects both senders and receivers of the signals and could
have long-term chronic effects on marine mammal species and
populations. Recent science suggests that low frequency ambient sound
levels in the world's oceans have increased by as much as 20 dB (more
than 3 times, in terms of SPL) from pre-industrial periods, and most of
these increases are from distant shipping (Hildebrand 2009). All
anthropogenic noise sources, such as those from vessel traffic and pile
removal and driving, contribute to the elevated ambient noise levels,
thus intensifying masking.
Finally, in addition to TS and masking, exposure of marine mammals
to certain sounds could lead to behavioral disturbance (Richardson et
al. 1995), such as: Changing durations of surfacing and dives, number
of blows per surfacing, or moving direction and/or speed; reduced/
increased vocal activities; changing/cessation of certain behavioral
activities, such as socializing or feeding; visible startle response or
aggressive behavior, such as tail/fluke slapping or jaw clapping;
avoidance of areas where noise sources are located; and/or flight
responses (e.g., pinnipeds flushing into water from haulouts or
rookeries). The onset of behavioral disturbance from anthropogenic
noise depends on both external factors (characteristics of noise
sources and their paths) and the receiving animals (hearing,
motivation, experience, demography), and is therefore difficult to
predict (Southall et al. 2007).The activities of workers in the project
area may also cause behavioral reactions by marine mammals, such as
pinnipeds flushing from the jetty or pier or moving farther from the
disturbance to forage. However, observations of the area show that it
is unlikely that more than 10 to 20 individuals of pinnipeds would be
present in the project vicinity at any one time. Therefore, even if
pinnipeds were flushed from the haul-out, a stampede is very unlikely,
due to the relatively low number of animals onsite. In addition,
proposed mitigation and monitoring measures would minimize the startle
behavior of pinnipeds and prevent the animals from flushing into the
water.
The biological significance of many of these behavioral
disturbances is difficult to predict, especially if the detected
disturbances appear minor. However, the consequences of behavioral
modification could be expected to be biologically significant if the
change affects growth, survival, or reproduction. Some of these types
of significant behavioral modifications include: Drastic change in
diving/surfacing patterns (such as those thought to be causing beaked
whale strandings due to exposure to military mid-frequency tactical
sonar); habitat abandonment due to loss of desirable acoustic
environment; and cessation of feeding or social interaction.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammal habitat are
associated with elevated sound levels produced by vibratory pile
removal and pile driving in the area. However, other potential impacts
to the surrounding habitat from physical disturbance are also possible.
Potential Impacts on Prey Species
With regard to fish as a prey source for cetaceans and pinnipeds,
fish are
[[Page 48504]]
known to hear and react to sounds and to use sound to communicate
(Tavolga et al. 1981) and possibly avoid predators (Wilson and Dill
2002). Experiments have shown that fish can sense both the strength and
direction of sound (Hawkins 1981). Primary factors determining whether
a fish can sense a sound signal, and potentially react to it, are the
frequency of the signal and the strength of the signal in relation to
the natural background noise level.
The level of sound at which a fish will react or alter its behavior
is usually well above the detection level. Fish have been found to
react to sounds when the sound level increased to about 20 dB above the
detection level of 120 dB (Ona 1988); however, the response threshold
can depend on the time of year and the fish's physiological condition
(Engas et al. 1993). In general, fish react more strongly to pulses of
sound rather than non-pulse signals (such as noise from pile driving)
(Blaxter et al. 1981), and a quicker alarm response is elicited when
the sound signal intensity rises rapidly compared to sound rising more
slowly to the same level.
During the coastal construction only a small fraction of the
available habitat would be ensonified at any given time. Disturbance to
fish species would be short-term and fish would return to their pre-
disturbance behavior once the pile driving activity ceases. Thus, the
proposed construction would have little, if any, impact on the
abilities of marine mammals to feed in the area where construction work
is planned.
Finally, the time of the proposed construction activity would avoid
the spawning season of the ESA-listed salmonid species.
Passage Obstructions
Pile removal and driving operations at the Front Street Transload
Facility will not obstruct movements of marine mammals. The operations
at the construction will occur next to the shoreline, leaving the
majority of the Yaquina Bay for marine mammals to pass.
Proposed Mitigation Measures
In order to issue an incidental take authorization 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 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 Bergerson's proposed Front Street Transload Facility
construction project, Bergerson worked with NMFS and proposed the
following mitigation measures to minimize the potential impacts to
marine mammals in the project vicinity. The primary purposes of these
mitigation measures are to minimize sound levels from the activities,
to monitor marine mammals within designated zones of influence (ZOI)
corresponding to NMFS' current Level B harassment thresholds and, if
marine mammals are detected within or approaching the exclusion zone,
to initiate immediate shutdown or power down of the impact piling
hammer, making it very unlikely potential injury or TTS to marine
mammals would occur and ensuring that Level B behavioral harassment of
marine mammals would be reduced to the lowest level practicable.
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 November 1, 2015,
and February 15, 2016.
Air Bubble Curtain
Bergerson would be required to install an air bubble curtain system
around the pile during pile installation using an impact hammer.
Establishment of Exclusion Zone and Level B Harassment Zones of
Influence
Before the commencement of in-water pile driving activities,
Bergerson shall establish Level A exclusion zones and Level B zones of
influence (ZOIs). The received underwater sound pressure levels (SPLs)
within the exclusion zone would be 190 dB (rms) re 1 [micro]Pa and
above. The Level B ZOIs would encompass areas where received underwater
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.
Based on measurements conducted in nearby in similar water depth
and sediment type in the Yaquina Bay for the NOAA Marine Operation
Center P Test Pile Program (Miner, 2010), average vibratory hammer
sound pressure level for 24-inch steel pile at 10 meters from the pile
is 157 dB re 1 [micro]Pa (Minor 2010; ICF Jones & Stokes and
Illingworth &and Rodkin 2009). Based on practical spreading model with
a transmission loss constant of 15, the distance at which the sound
pressure levels fall below the 120 dB (rms) re 1 [micro]Pa is
approximately 1.8 miles from the pile (Miner, 2010).
Modeling of exclusion zone and ZOIs for impact pile driving source
level are based on measurements conducted at the nearby Tongue Point
Facility in Astoria, Oregon, for installation of 24-in steel pile with
an impact hammer (Illingworth and Rodkin, 2009). The result shows that
the SPL at 10 m from the pile is 182 dB (rms) re 1 [micro]Pa.
Nevertheless, a conservative 190 dB (rms) re 1 [micro]Pa value at 10 m
and a practical spreading with a transmission loss constant of 15 are
used to establish the exclusion zone and ZOI. The result shows that the
distance at which the SPLs fall below the 160 dB (rms) re 1 [micro]Pa
behavioral threshold for impact hammering is approximately 0.62 miles.
With a bubble curtain and an estimated 10 dB reduction in sound levels,
the distance at which the sound pressure levels fall below the 160 dB
RMS behavioral threshold for impact hammering is approximately 707
feet. The exclusion zone with the air bubble curtain system would be 7
feet from the pile.
The exclusion zone for Level A harassment and ZOIs for Level B
harassment are presented in Table 3 below.
Table 3--Modeled Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
Pile driving methods Distance to 190 dB (m) Distance to 160 dB (m) Distance to 120 dB (m)
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving/removal...... NA..................... NA..................... 2,900
Impact pile driving................. 10/2.1 (with air bubble 1,000/215 (with air NA
system). bubble system).
----------------------------------------------------------------------------------------------------------------
[[Page 48505]]
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.
For impact pile driving, the contractor would provide an initial
set of strikes from the impact hammer at reduced energy, followed by a
30-second waiting period, then two subsequent sets. (The reduced energy
of an individual hammer cannot be quantified because of variations
between individual drivers. Also, the number of strikes will vary at
reduced energy because raising the hammer at less than full power and
then releasing it results in the hammer ``bouncing'' as it strikes the
pile resulting in multiple ``strikes'').
For vibratory pile driving, the contractor will initiate noise from
vibratory hammers for 15 seconds at reduced energy followed by a 30-
second waiting period. The procedure shall be repeated two additional
times.
Shutdown Measures
Bergerson 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.
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 preliminarily
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.
Proposed Monitoring and Reporting
In order to issue an incidental take authorization (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. Bergerson submitted a marine
mammal monitoring plan as part of the IHA application. It can be found
at https://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be
modified or supplemented based on comments or new information received
from the public during the public comment period.
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, TTS, or PTS;
(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:
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);
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);
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.
Proposed Monitoring Measures
During pile removal and installation, two land-based protected
species observers (PSOs) would monitor the
[[Page 48506]]
area from the best observation points available. If weather conditions
prevent adequate land-based observations of the entire ensonified
zones, boat-based monitoring would be implemented.
The PSOs would 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 or approaching the exclusion zone, the
PSO would 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).
Data collection during marine mammal monitoring would 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.
Proposed Reporting Measures
Bergerson would be required to submit a final monitoring report
within 90 days after completion of the construction work or the
expiration of the IHA (if issued), whichever comes earlier. This report
would detail the monitoring protocol, summarize the data recorded
during monitoring, and estimate the number of marine mammals that may
have been harassed. NMFS would have an opportunity to provide comments
on the report, and if NMFS has comments, Bergerson would address the
comments and submit a final report to NMFS within 30 days.
In addition, NMFS would require Bergerson 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. Bergerson 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 Bergerson finds an injured or dead marine mammal
that is not in the vicinity of the construction area, Bergerson would
report the same information as listed above to NMFS as soon as
operationally feasible.
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 removal and pile driving
(vibratory and impact) generate loud noises that could potentially
harass marine mammals in the vicinity of Bergerson's proposed Front
Street Transload Facility construction project.
As mentioned earlier in this document, 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 from non-impulse (vibratory pile driving
and removal) and impulse sources (impact pile driving) underwater,
respectively. Table 4 summarizes the current NMFS marine mammal take
criteria.
Table 4--Current Acoustic Exposure Criteria for Non-Explosive Sound
Underwater
------------------------------------------------------------------------
Criterion
Criterion definition Threshold
------------------------------------------------------------------------
Level A Harassment (Injury)..... Permanent 180 dB re 1
Threshold Shift [micro]Pa
(PTS) (Any level (cetaceans) 190
above that which dB re 1 [micro]Pa
is known to cause (pinnipeds) root
TTS). mean square
(rms).
Level B Harassment.............. Behavioral 160 dB re 1
Disruption (for [micro]Pa (rms).
impulse noises).
Level B Harassment.............. Behavioral 120 dB re 1
Disruption (for [micro]Pa (rms).
non-impulse
noise).
------------------------------------------------------------------------
As explained above, exclusion and ZOIs will be established that
encompass the areas where received underwater sound pressure levels
(SPLs) exceed the applicable thresholds for Level A and Level B
harassments. In the case of Bergerson's proposed Front Street Transload
Facility construction project, the Level B harassment ZOIs for impact
and vibratory pile driving are at 215 m and 2,900 m from the source,
respectively. The Level A harassment exclusion from impact pile driving
is 2.1 m from the source.
Incidental take is calculated for each species by estimating the
likelihood of a marine mammal being present within a ZOI during active
pile removal/driving. Expected marine mammal presence is determined by
past observations and general abundance near the Front Street Transload
Facility during the construction window. Ideally, potential take is
estimated by multiplying the area of the ZOI by the local animal
density. This provides an estimate of the number of animals that might
occupy the ZOI at any given moment. However, there are no density
estimates for any Puget Sound population of marine mammal. As a result,
the take requests were estimated using local marine mammal data sets,
and information from state and federal agencies.
The calculation for marine mammal exposures is estimated by:
Exposure estimate = N (number of animals in the area) * 30 days of
pile removal/driving activity
Estimates include Level B acoustical harassment during pile removal
and driving. All estimates are conservative, as pile removal/driving
would not be continuous during the work day. Using this approach, a
summary of estimated takes of marine mammals incidental to Bergerson's
Front Street Transload Facility construction work are provided in Table
5.
[[Page 48507]]
Table 5--Estimated Numbers of Marine Mammals That May Be Exposed by Level B Harassment From Pile and Pile
Driving Activities
----------------------------------------------------------------------------------------------------------------
Estimated marine
Species mammal takes Abundance Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.................................... 750 16,165 4.64
California sea lion.................................... 1,100 296,750 3.71
----------------------------------------------------------------------------------------------------------------
Analysis and Preliminary 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.
To avoid repetition, this introductory discussion of our analyses
applies to all the species listed in Table 5, given that the
anticipated effects of Bergerson's Front Street Transload Facility
construction on marine mammals are expected to be relatively similar in
nature. There is no information about the nature or severity of the
impacts, or the size, status, or structure of any species or stock that
would lead to a different analysis for this activity, else species-
specific factors would be identified and analyzed.
Bergerson's proposed Front Street Transload Facility construction
project would involve vibratory pile removal and vibratory and impact
pile driving activities. Elevated underwater noises are expected to be
generated as a result of these activities. The exclusion zone for Level
A harassment is extremely small (2.1 m from the source) with the use of
air bubble curtain system, and with the implementation of the proposed
monitoring and mitigation measures described above, there would be no
Level A take of marine mammals. For vibratory pile removal and pile
driving, noise levels are not expected to reach the level that may
cause TTS, injury (including PTS), or mortality to marine mammals.
Additionally, the sum of noise from Bergerson's proposed Front
Street Transload Facility construction activities is confined to a
limited area by surrounding landmasses; therefore, the noise generated
is not expected to contribute to increased ocean ambient noise. In
addition, due to shallow water depths in the project area, underwater
sound propagation of low-frequency sound (which is the major noise
source from pile driving) is expected to be poor.
In addition, Bergerson's proposed activities are localized and of
short duration. The entire project area is limited to Bergerson's Front
Street Transload Facility construction work. The entire project would
involve the removal of 25 existing piles and installation of 126 piles.
The duration for pile removal and pile driving would be 30 days. 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 Front Street Transload Facility construction work 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 proposed project area is not a prime habitat for marine
mammals, nor is it considered an area frequented by marine mammals.
Therefore, behavioral disturbances that could result from anthropogenic
noise associated with Bergerson's construction activities are expected
to affect only a small number of marine mammals on an infrequent and
limited basis.
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 preliminarily finds that the total marine
mammal take from Bergerson's Front Street Transload Facility
construction 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 750 harbor seals and 1,100 California sea lions could be
exposed to received noise levels that could cause Level B behavioral
harassment from the proposed construction work at the Front Street
Transload Facility in Newport, Oregon. These numbers represent
approximately 4.6% and 3.7% of the populations of harbor seal and
California sea lion, respectively, that could be affected by Level B
behavioral harassment, respectively (see Table 5 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,
[[Page 48508]]
which are expected to reduce the number of marine mammals potentially
affected by the proposed action, NMFS preliminarily 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)
NMFS has determined that issuance of the IHA will have no effect on
listed marine mammals, as none are known to occur in the action area.
National Environmental Policy Act (NEPA)
NMFS prepared a draft Environmental Assessment (EA) for the
proposed issuance of an IHA, pursuant to NEPA, to determine whether or
not this proposed activity may have a significant effect on the human
environment. This analysis will be completed prior to the issuance or
denial of this proposed IHA.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to Bergerson for conducting the Front Street Transload
Facility construction project, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
The proposed IHA language is provided next.
1. This Authorization is valid from November 1, 2015, through
October 31, 2016.
2. This Authorization is valid only for activities associated in-
water construction work at the Front Street Transload Facility
construction project in Newport, Oregon.
3. (a) The species authorized for incidental harassment takings,
Level B harassment only, are: Pacific harbor seal (Phoca vitulina
richardsi) and California sea lion (Zalophus californianus).
(b) The authorization for taking by harassment is limited to the
following acoustic sources and from the following activities:
Vibratory and impact pile driving;
Vibratory pile removal; and
Work associated with above piling activities.
(c) The taking of any marine mammal in a manner prohibited under
this Authorization must be reported within 24 hours of the taking to
the West Coast Administrator (206-526-6150), National Marine Fisheries
Service (NMFS) and the Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at (301) 427-8401, or her designee
(301-427-8401).
4. The holder of this Authorization must notify the Chief of the
Permits and Conservation Division, Office of Protected Resources, at
least 48 hours prior to the start of activities identified in 3(b)
(unless constrained by the date of issuance of this Authorization in
which case notification shall be made as soon as possible).
5. Prohibitions
(a) The taking, by incidental harassment only, is limited to the
species listed under condition 3(a) above and by the numbers listed in
Table 5. The taking by Level A harassment, injury or death of these
species or the taking by harassment, injury or death of any other
species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
(b) The taking of any marine mammal is prohibited whenever the
required protected species observers (PSOs), required by condition
7(a), are not present in conformance with condition 7(a) of this
Authorization.
6. Mitigation
(a) Time Restriction
In-water construction work shall occur only during daylight hours,
when visual monitoring of marine mammals can be conducted.
(b) Air Bubble Curtain
Bergerson shall install an air bubble curtain system around the
pile during pile installation using an impact hammer.
(c) Establishment of Level A Exclusion Zone
Before the commencement of in-water impact pile driving activities,
Bergerson shall establish Level A exclusion zone where received
underwater sound pressure levels (SPLs) are higher than 190 dB (rms) re
1 [micro]Pa. The modeled isopleths for exclusion zone 2.1 m from the
source.
(d) Establishment of Level B Harassment Zones of Influence
Before the commencement of in-water pile driving activities,
Bergerson shall establish Level B behavioral harassment zones of
influence (ZOIs) where received underwater sound pressure levels (SPLs)
are higher than 120 dB (rms) re 1 [micro]Pa for vibratory pile driving
and pile removal, and 160 dB (rms) re 1 [micro]Pa for impact pile
driving. The modeled isopleths for vibratory pile driving and pile
removal ZOI is 2,900 m from the source, and the modeled isopleths for
impact pile driving ZOI is 215 m from the source.
(e) Monitoring of marine mammals shall take place starting 30
minutes before pile driving begins until 30 minutes after pile driving
ends.
(f) Soft Start
(i) When there has been downtime of 30 minutes or more without pile
driving, the contractor will initiate the driving with ramp-up
procedures described below.
(ii) For impact pile driving, the contractor would provide an
initial set of strikes from the impact hammer at reduced energy,
followed by a 30-second waiting period, then two subsequent sets.
(iii) For vibratory pile driving, the contractor will initiate
noise from vibratory hammers for 15 seconds at reduced energy followed
by a 30-second waiting period. The procedure shall be repeated two
additional times.
(g) Shutdown Measures
(i) Bergerson shall implement shutdown measures if a marine mammal
is sighted within or 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.
(ii) Bergerson shall implement shutdown measures if the number of
any allotted marine mammal takes reaches the limit under the IHA (if
issued), if such marine mammals are sighted within the vicinity of the
project area and are approaching the Level B ZOI during pile removal
activities.
(iii) Bergerson shall implement shutdown measures if marine mammals
with the ZOI appear disturbed by the work activity.
7. Monitoring:
(a) Protected Species Observers
Bergerson shall employ NMFS-approved PSOs to conduct marine mammal
monitoring for its construction project.
(i) During pile removal and installation, two land-based protected
species observers (PSOs) shall monitor the area from the best
observation points available.
(ii) If weather conditions prevent adequate land-based observations
of the entire ensonified zones, boat-based monitoring shall be
implemented.
(ii) Experience or training in the field identification of marine
mammals (cetaceans and pinnipeds).
(iii) Monitoring of marine mammals around the construction site
shall be
[[Page 48509]]
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
(iv) Data collection during marine mammal monitoring would 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.
8. Reporting:
(a) Bergerson shall provide NMFS with a draft monitoring report
within 90 days of the conclusion of the construction work or within 90
days of the expiration of the IHA, whichever comes first. This report
shall detail the monitoring protocol, summarize the data recorded
during monitoring, and estimate the number of marine mammals that may
have been harassed.
(b) If comments are received from the NMFS West Coast Regional
Administrator or NMFS Office of Protected Resources on the draft
report, a final report shall 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.
(c) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by
this Authorization (if issued), such as an injury, serious injury, or
mortality, Bergerson shall immediately cease all operations and
immediately report the incident to the Chief, 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, 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 Bergerson to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Bergerson may not resume
their activities until notified by NMFS via letter, email, or
telephone.
(E) In the event that Bergerson 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),
Bergerson will immediately report the incident to the Chief, 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
Bergerson to determine whether modifications in the activities are
appropriate.
(F) In the event that Bergerson 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), Bergerson shall report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, and the West Coast Regional Stranding
Coordinators, within 24 hours of the discovery. Bergerson shall provide
photographs or video footage (if available) or other documentation of
the stranded animal sighting to NMFS and the Marine Mammal Stranding
Network. Bergerson can continue its operations under such a case.
9. This Authorization may be modified, suspended or withdrawn if
the holder fails to abide by the conditions prescribed herein or if the
authorized taking is having more than a negligible impact on the
species or stock of affected marine mammals, or if there is an
unmitigable adverse impact on the availability of such species or
stocks for subsistence uses.
10. A copy of this Authorization must be in the possession of each
contractor who performs the construction work at the Front Street
Transload Facility constructions.
Dated: August 10, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-19958 Filed 8-12-15; 8:45 am]
BILLING CODE 3510-22-P