Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port of Kalama Expansion Project on the Lower Columbia River, 35220-35225 [2018-15837]
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
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[FR Doc. 2018–15937 Filed 7–24–18; 8:45 am]
BILLING CODE 3510–12–P
2. Friday, August 31, Juneau, Alaska
Authority: 15 U.S.C. 8501 et seq.
Dated: July 20, 2018.
Tim Gallaudet,
Assistant Secretary of Commerce for Oceans
and Atmosphere and Acting Under Secretary
of Commerce for Oceans and Atmosphere,
National Oceanic and Atmospheric
Administration.
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Port of Kalama
Expansion Project on the Lower
Columbia River
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
authorization and agency responses will
be summarized in the final notice of our
decision.
DATES: Comments and information must
be received no later than August 24,
2018.
ADDRESSES: An electronic copy of the
final Authorization issued in 2017 and
supporting material along with an
updated IHA request memo from POK
may be obtained by visiting https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Dale
Youngkin, 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 (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
SUMMARY: NMFS received a request from U.S. citizens who engage in a specified
the Port of Kalama (POK) to issue an
activity (other than commercial fishing)
incidental harassment authorization
within a specified geographical region if
(IHA) previously issued to the POK to
certain findings are made and either
incidentally take three species of marine regulations are issued or, if the taking is
mammal, by Level B harassment only,
limited to harassment, a notice of a
during construction activities associated proposed authorization is provided to
with an expansion project at the Port of
the public for review.
Kalama on the Lower Columbia River,
An authorization for incidental
Washington. The current IHA was
takings shall be granted if NMFS finds
issued in 2017 and is in effect until
that the taking will have a negligible
August 31, 2018 (2017–2018 IHA).
impact on the species or stock(s), will
However, the project has been delayed
not have an unmitigable adverse impact
such that none of the work covered by
on the availability of the species or
the 2017–2018 IHA has been initiated
stock(s) for subsistence uses (where
and, therefore, the POK requested that
relevant), and if the permissible
an IHA be issued to conduct their work
methods of taking and requirements
beginning on or about September 1,
pertaining to the mitigation, monitoring
2018 (2018–2019 IHA). NMFS is seeking and reporting of such takings are set
public comment on its proposal to issue forth.
the 2018–2019 IHA to cover the
NMFS has defined ‘‘negligible
incidental take analyzed and authorized impact’’ in 50 CFR 216.103 as an impact
in the 2017–2018 IHA. Pursuant to the
resulting from the specified activity that
Marine Mammal Protection Act
cannot be reasonably expected to, and is
(MMPA), NMFS is requesting comments not reasonably likely to, adversely affect
on its proposal to issue an IHA to POK
the species or stock through effects on
to incidentally take, by Level B
annual rates of recruitment or survival.
harassment, small numbers of marine
The MMPA states that the term ‘‘take’’
mammals during the specified activities. means to harass, hunt, capture, kill or
The authorized take numbers and
attempt to harass, hunt, capture, or kill
related analyses would be the same as
any marine mammal.
Except with respect to certain
for the 2017–2018 IHA, and the required
activities not pertinent here, the MMPA
mitigation, monitoring, and reporting
would remain the same as authorized in defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
the 2017–2018 IHA referenced above.
has the potential to injure a marine
NMFS will consider public comments
mammal or marine mammal stock in the
prior to making any final decision on
wild (Level A harassment); or (ii) has
the issuance of the requested MMPA
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
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).
National Environmental Policy Act
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), NMFS prepared
an Environmental Assessment (EA) to
consider the direct, indirect and
cumulative effects to the human
environment resulting from the POK
Expansion project. NMFS made the EA
available to the public for review and
comment in order to assess the impacts
to the human environment of issuance
of the 2017–2018 IHA to the POK. Also
in compliance with NEPA and the CEQ
regulations, as well as NOAA
Administrative Order 216–6, NMFS
signed a Finding of No Significant
Impact (FONSI) on October 24, 2016 for
issuance of the 2017–2018 IHA. These
NEPA documents are available at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities.
Since this IHA covers the same work
covered in the 2017–2018 IHA, NMFS
has reviewed our previous EA and
FONSI, and has preliminarily
determined that this action is consistent
with categories of activities identified in
CE B4 of the Companion Manual for
NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has preliminarily determined
that the issuance of the proposed IHA
qualifies to be categorically excluded
from further NEPA review. We will
review all comments submitted in
response to this notice prior to
concluding our NEPA process or making
a final decision on the 2018–2019 IHA
request.
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History of Request
On September 28, 2015, we received
a request from the POK for authorization
of the taking, by Level B harassment
only, of marine mammals incidental to
the construction associated with the
Port of Kalama Expansion Project,
which involved construction of the
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Kalama Marine Manufacturing and
Export Facility including a new marine
terminal for the export of methanol, and
installation of engineered log jams,
restoration of riparian wetlands, and the
removal of existing wood piles in a side
channel as mitigation activities. The
specified activity is expected to result in
the take of three species of marine
mammals (harbor seals, California sea
lions, and Steller sea lions). A final
version of the application, which we
deemed adequate and complete, was
submitted on December 10, 2015. We
published a notice of a proposed IHA
and request for comments on March 21,
2016 (81 FR 715064). After the public
comment period and before we issued
the final IHA, POK requested that we
issue the IHA for 2017 instead of the
2016 work season. We subsequently
published the final notice of our
issuance of the IHA on December 12,
2016 (81 FR 89436), effective from
September 1, 2017–August 31, 2018. Inwater work associated with the project
was expected to be completed within
the one-year timeframe of the IHA.
On June 21, 2018, POK informed
NMFS that work relevant to the
specified activity considered in the
MMPA analysis for the 2017–2018 IHA
was postponed and would not be
completed. POK requested that the IHA
be issued to be effective for the period
from September 1, 2018–August 31,
2019. In support of that request, POK
submitted an application addendum
affirming that no change in the
proposed activities is anticipated and
that no new information regarding the
abundance of marine mammals is
available that would change the
previous analysis and findings.
Description of the Activity and
Anticipated Impacts
The 2017–2018 IHA covered the
construction of a marine terminal and
dock/pier for the export of methanol,
and associated compensatory mitigation
activities for the purposes of offsetting
habitat effects from the action. The
marine terminal will be approximately
45,000 square feet in size, supported by
320 concrete piles (24-inch precast
octagonal piles to be driven by impact
hammer) and 16 steel piles (12 x 12inch and 4 x 18-inch anticipated to be
driven by vibratory hammer, and impact
hammering will only be done to drive/
proof if necessary). The compensatory
mitigation includes installation of 8
engineered log jams (ELJs), which will
be anchored by untreated wooden piles
driven by impact hammer at low tides
(not in water). The compensatory
mitigation also includes removal of
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approximately 320 untreated wooden
piles from an abandoned U.S. Army
Corps of Engineers (USACE) dike in a
nearby backwater area. The piles will be
removed either by direct pull or
vibratory extraction. Finally, the
compensatory mitigation includes
wetland restoration and enhancement
by removal of invasive species and
replacement with native wetland
species.
NMFS refers the reader to the
documents related to the 2017–2018
IHA for more detailed description of the
project activities. These previous
documents include the Federal Register
notice of the issuance of the 2017–2018
IHA for the POK’s Port of Kalama
Expansion Project (81 FR 89436,
December 12, 2016), the Federal
Register notice of the proposed IHA (81
FR 15064, March 21, 2016), POK’s
application (and 2018 application
addendum), and all associated
references.
Detailed Description of the Action—A
detailed description of the pile driving
activities at the Port of Kalama is found
in these previous documents and the
updated 2018–2019 IHA application
addendum. The location, timing (e.g.,
seasonality), and nature of the pile
driving operations, including the type
and size of piles and the methods of pile
driving, are identical to those described
in the previous Federal Register notices
referenced above.
Description of Marine Mammals—A
description of the marine mammals in
the area of the activities is found in the
previous documents referenced above,
which remain applicable to this IHA as
well. In addition, NMFS has reviewed
recent Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and recent scientific
literature. Since the submittal of the
2015 IHA application, the USACE has
published updated data on pinniped
presence at the Bonneville Dam
(Tidwell et al., 2017). This information
reveals that in both 2016 and 2017 the
numbers of pinnipeds present at
Bonneville Dam were within the range
of historical variability. The latest
USACE data does not suggest a trend
that would require a modification to the
take estimates or to the effects analysis
(see Table 1 below for a summary of
monitoring data by year from Tidwell et
al., 2017). Therefore, NMFS has
preliminarily determined that the
updated information does not affect our
analysis of impacts for the 2018–2019
IHA.
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TABLE 1—MINIMUM ESTIMATED NUMBER OF INDIVIDUAL PINNIPEDS OBSERVED AT BONNEVILLE DAM TAILRACE AREAS AND
THE HOURS OF OBSERVATION DURING THE FOCAL SAMPLING PERIOD, 2002 TO 2017
[From Tidwell et al., 2017]
Total hours
observed
Year
2002 .....................................................................................
2003 .....................................................................................
2004 .....................................................................................
2005 * ...................................................................................
2006 .....................................................................................
2007 .....................................................................................
2008 .....................................................................................
2009 .....................................................................................
2010 .....................................................................................
2011 .....................................................................................
2012 .....................................................................................
2013 .....................................................................................
2014 .....................................................................................
2015 .....................................................................................
2016 .....................................................................................
2017 .....................................................................................
California sea
lions
662
1,356
516
1,109
3,650
4,433
5,131
3,455
3,609
3,315
3,404
3,247
2,947
2,995
1,974
1,142
Steller sea
lions
30
104
99
81
72
71
82
54
89
54
39
56
71
195
149
92
Harbor seals
0
3
3
4
11
9
39
26
75
89
73
80
65
a 69
a 54
a 63
Total
pinnipeds
1
2
2
1
3
2
2
2
2
1
0
0
1
0
0
1
31
109
104
86
86
82
123
82
166
144
112
136
137
264
203
156
* Observations did not begin until March 18 in 2005.
a In 2015, 2016, and 2017 the minimum estimated number of Steller sea lions was 55, 41, and 32, respectively. These counts were less than
the maximum number of Steller sea lions observed on one day, so Tidwell et al. (2017) used the maximum number observed on one day as the
minimum number. This difference was driven by a focus on California sea lions and lack of branding or unique markers on Steller sea lions.
Potential Effects on Marine
Mammals—A description of the
potential effects of the specified
activities on marine mammals and their
habitat is found in the previous
documents referenced above, and
remain applicable to this proposed IHA.
There is no new information on
potential effects that would change our
analyses or determinations under the
2018–2019 IHA.
Estimated Take—A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
is found in the previous documents
referenced above. The methods of
estimating take for this proposed IHA
are identical to those used in the 2017–
2018 IHA, as is the density of marine
mammals. The source levels, also
remain unchanged from the 2017–2018
IHA, and NMFS’ 2016 Technical
Guidance for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing (NMFS 2016) was
used to address new acoustic thresholds
in the notice of issuance of the 2017–
2018 IHA. As stated above, since the
submittal of the application for the
2017–2018 IHA (in effect from
September 1, 2017 through August 31,
2018), the USACE has published
updated data on pinniped presence at
the Bonneville Dam, and this data does
not suggest a trend that would require
a modification to the take estimates or
effects analysis. Consequently, the
proposed authorized take for this
proposed 2018–2019 IHA is identical to
the 2017–2018 IHA, as presented in
Table 2 below.
TABLE 2—ESTIMATED TAKE PROPOSED FOR AUTHORIZATION AND PROPORTION OF POPULATION POTENTIALLY AFFECTED
Estimated take
by Level B
harassment
Abundance of
stock
1,530
372
372
24,732
153,337
59,968
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Harbor seal ..............................................................................
California sea lion ....................................................................
Steller sea lion .........................................................................
Description of Mitigation, Monitoring
and Reporting Measures—A description
of mitigation, monitoring, and reporting
measures is found in the previous
documents referenced above, and
remain unchanged for this proposed
IHA. In summary, mitigation includes
implementation of shut down
procedures if any marine mammal
approaches or enters the Level A
harassment zone for impact pile driving.
One trained observer shall monitor to
implement shutdowns and collect
information at each active impact pile
driving location. In addition, two shore-
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based observers (one upstream of the
project, and another downstream of the
project), whose primary responsibility
shall be to record pinnipeds in the
disturbance zone and to alert bargebased observers to the presence of
pinnipeds, thus creating a redundant
alert system for prevention of injurious
interaction as well as increasing the
probability of detecting pinnipeds in the
disturbance zone.
At least three observers shall be on
duty during vibratory pile driving
activity for the first two days, and
thereafter on every third day to allow for
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Percentage
of stock
potentially
affected
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6.2
0.2
0.6
Population trend
Stable.
Stable.
Increasing.
estimation of Level B takes. The first
observer shall be positioned on a work
platform or barge where the entirety of
a 10 m shutdown zone can be
monitored. Shore based observers shall
be positioned to observe the disturbance
zone from the bank of the river.
Protocols will be implemented to ensure
that coordinated communication of
sightings occurs between observers in a
timely manner.
Pile driving activities shall only be
conducted during daylight hours. If the
shutdown zone is obscured by fog or
poor lighting conditions, pile driving
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will not be initiated until the entire
shutdown zone is visible. Work that has
been initiated appropriately in
conditions of good visibility may
continue during poor visibility. The
shutdown zone will be monitored for 30
minutes prior to initiating the start of
pile driving, during the activity, and for
30 minutes after activities have ceased.
If pinnipeds are present within the
shutdown zone prior to pile driving, the
start will be delayed until the animals
leave the shutdown zone of their own
volition, or until 15 minutes elapse
without re-sighting the animal(s).
Soft start procedures shall be
implemented at the start of each day’s
impact pile driving and at any time
following cessation of impact driving for
a period of thirty minutes or longer. If
steel piles require impact installation or
proofing, a bubble curtain will be used
for sound attenuation.
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Determinations
The POK proposes to conduct
activities in 2018–2019 that are
identical to those covered in the
currently 2017–2018 IHA. As described
above, the number of estimated takes of
the same stocks of harbor seals (OR/WA
Coast stock), California sea lion (U.S.
stock), and Steller sea lion (Eastern DPS)
is the same for this proposed IHA as
those authorized in the 2017–2018 IHA,
which were found to meet the negligible
impact and small numbers standards.
The authorized take of 1,200 harbor
seals; 70 California sea lions, and 68
Steller sea lions represent 4.8 percent,
>0.1 percent, and 0.1 percent of these
stocks of marine mammals by Level B
harassment, respectively. This proposed
IHA includes identical required
mitigation, monitoring, and reporting
measures as the 2017–2018 IHA, and
there is no new information suggesting
that our prior analyses or findings
should change.
Based on the information contained
here and in the referenced documents,
NMFS has preliminarily determined the
following: (1) The authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (2)
the required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected species
or stock abundances; and (4) the POK’s
activities will not have an unmitigable
adverse impact on taking for subsistence
purposes, as no relevant subsistence
uses of marine mammals are implicated
by this action.
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Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is expected to result from this
activity, and none would be authorized.
Therefore, NMFS has determined that
consultation under section 7 of the ESA
is not required for this action.
Proposed Authorization
NMFS proposes to issue an IHA to
POK for in-water construction work
activities beginning September 2018
through August 2019, with the proposed
mitigation, monitoring, and reporting
requirements. The proposed IHA
language is provided next.
This section contains a draft of the
IHA itself. The wording contained in
this section is proposed for inclusion in
the IHA (if issued).
The Port of Kalama (POK), 110 West
Marine Drive, Kalama, Washington,
98625, is hereby authorized under
section 101(a)(5)(D) of the Marine
Mammal Protection Act (16 U.S.C.
1371(a)(5)(D)) and 50 CFR 216.107 to
take marine mammals, by harassment,
incidental to conducting in-water
construction work for the Port of
Kalama Expansion Project contingent
upon the following conditions:
1. This Authorization is effective for
one year from the date of issuance.
2. Timing of Activities
(a) Timing of activities anticipated to
result in take of marine mammals shall
be conducted between September 1,
2018 and January 31, 2019;
(b) Timing of Activities Not
Anticipated to Result in Take of Marine
Mammals;
(i) Dredging would be conducted
between September 1, 2018 and
December 31, 2018;
(ii) Construction/installation of
engineered log jams (ELJ) may be
conducted year-round;
(iii) Construction that will take place
below the Ordinary High Water Mark
(OHWM), but outside of the wetted
perimeter of the river (in the dry) may
be conducted year-round; and
(iv) Removal of wooden piles from
former trestle in the freshwater
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intertidal backwater channel portion of
the project site (compensatory
mitigation measure of removal of 157
wooden piles) may be conducted yearround.
3. This Authorization is valid only for
activities associated with in-water
construction work for the Port of
Kalama Expansion Project on
approximately 100 acres (including
uplands) at the northern end of the Port
of Kalama’s North Port site (Lat. 46.049,
Long. ¥122.874), located at
approximately river mile 72 along the
lower Columbia River along the east
bank in Cowlitz County, Washington.
4. Briefings shall be conducted
between construction supervisors,
crews, marine mammal observer team,
and Port of Kalama staff prior to the
start of all pile driving/removal work
and when new personnel join the work
in order to explain responsibilities,
communication procedures, marine
mammal monitoring protocol, and
operational procedures.
5. (a) The number and species
authorized for taking are: 1,530 harbor
seals (Phoca vitulina richardsi), 372
California sea lions (Zalophus
californianus), and 372 Steller sea lions
(Eumatopius jubatus).
(b) The Authorization for taking by
harassment is limited to the following
acoustic sources and activities:
(i) Impact pile driving; and
(ii) Vibratory pile driving activities
(including vibratory removal of
temporary construction piles
(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 National
Marine Fisheries Service (NMFS) West
Coast Regional Administrator at (206)
526–6150 and the NMFS Chief of the
Permits and Conservation Division at
(301) 427–8401.
6. The taking, by Level B harassment
only, is limited to the species listed, and
by the numbers listed, under condition
4(a) above. The taking by Level A
harassment or death of the species
identified in 4(a) or any taking of any
other species of marine mammal is
prohibited and may result in the
modification, suspension, or revocation
of this Authorization.
7. Mitigation
(a) Activities authorized for take of
marine mammals by this Authorization
shall occur only during daylight hours.
(b) A bubble curtain shall be used for
sound attenuation if steel piles require
impact installation or proofing.
(c) Exclusion Zone and Level B
Harassment Zones of Influence;
(i) Exclusion zones out to distances
encompassing the Level A harassment
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zones shall be implemented to avoid
Level A take of marine mammals (40 m
(131 ft) for impact driving of concrete
piles; 252 m (828 ft) for impact driving
of steel piles; and 16.5 m (54 ft) for
vibratory driving of steel piles); and
(ii) Disturbance zones shall be
established as 117 m (384 ft) for impact
driving of concrete piles; 1,848 m (6,063
ft) for impact driving of steel piles; and
line of sight to nearest shoreline (5.7 km
(18,700 ft) maximum) for vibratory
driving of steel piles;
(d) Monitoring of marine mammals
shall take place starting 30 minutes
before pile driving begins and shall
continue until 30 minutes after pile
driving ends.
(e) Soft Start
(i) Soft start procedures shall be
implemented at the start of each day’s
impact pile driving and at any time
following cessation of impact pile
driving for a period of 30 minutes or
longer; and
(ii) Soft start procedures require that
the contractor provides an initial set of
three strikes at reduced energy followed
by a 30-second waiting period, then two
subsequent reduced energy strike sets.
(f) Shutdown Measures
(i) POK shall implement shutdown
measures if a marine mammal is sighted
within, or is perceived to be
approaching, the exclusion zones
identified in 5(c)(i) above and the
associated construction or pile driving
activities shall immediately cease. Pile
driving or in-water construction work
shall not be resumed until the exclusion
zone has been observed as being clear of
marine mammals for at least 15 minutes;
and
(ii) If marine mammals are present
within the exclusion zones established
in 5(c)(i) above prior to the start of inwater construction activities, these
activities would be delayed until the
animals leave the exclusion zone of
their own volition, or until 15 minutes
elapse without resighting the animal, at
which time it may be assumed that the
animal(s) have left the exclusion zone.
8. Monitoring
Marine Mammal Observers—POK
shall employ observers to conduct
marine mammal monitoring for its
construction project. Observers shall
have the following minimum
qualifications:
(i) Visual acuity in both eyes
(correction is permissible) sufficient for
discernment of moving targets at the
water’s surface with the ability to
estimate target size and distance. Use of
binoculars may be necessary to correctly
identify the target;
(ii) Experience and ability to conduct
field observations and collect data
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according to assigned protocols (this
may include academic experience);
(iii) Experience or training in the field
identification of the marine mammals
that could potentially be encountered;
(iv) Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
(v) Writing skills sufficient to prepare
a report of observations that shall
include such information as the number
and types of marine mammals observed;
the behavior of marine mammals in the
project area during construction; the
dates and times when observations were
conducted; the dates and times when inwater construction activities were
conducted; the dates and times when
marine mammals were present at or
within the defined disturbance zone;
and the dates and times when in-water
construction activities were suspended
to avoid incidental harassment by
disturbance from construction noise;
and
(vi) Ability to communicate orally, by
radio or in person, with project
personnel to provide real time
information on marine mammals
observed in the area.
(b) Individuals meeting the minimum
qualifications identified in 7(a), above,
shall be present on site (on land or
dock) at all times during pile driving
activities conducted for the project.
(c) During all impact pile driving
activities, observers shall be stationed to
allow a clear line of sight of the
exclusion zone (10 m (33 ft) except for
steel piles, which shall be 18 m (59 ft))
and the entire disturbance zone as
identified in Table 2 (attached).
(d) Marine mammal observers shall
monitor for the first two days of
vibratory pile driving, and thereafter on
every third day of vibratory pile driving.
Monitoring shall be conducted by three
observers during vibratory pile driving
activities. One observer shall be
stationed in the general vicinity of the
pile being driven and shall have clear
line of sight views of the entire inner
harbor. Another observer shall be
stationed at an accessible location
downstream (such as northern tip of
Prescott Beach County Park) and would
observe the northern (downstream)
portion of the disturbance zone. A third
observer shall be stationed at an
accessible location upstream and would
observe the southern (upstream) portion
of the disturbance zone.
(e) Marine mammal observers shall
scan the waters within each monitoring
zone activity using binoculars (Vector
10 X 42 or equivalent), spotting scopes
(Swarovski 20–60 zoom or equivalent;
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Washington Department of Fish and
Wildlife 2000), and visual observation.
(f) Marine mammal presence within
the Level B harassment zones of
influence (disturbance zones) shall be
monitored, but pile driving activity
shall not be stopped if marine mammals
are found present unless they enter or
approach the exclusion zone. Any
marine mammal observed within the
disturbance zone shall be documented
and counted as a Level B take.
Monitoring during vibratory pile driving
shall occur during the first two days of
activity and during every three days
thereafter to estimate the number of
individuals present within the Level B
harassment area.
(g) If waters exceed a sea-state which
restrict the observers’ ability to make
observations within the Level A injury
exclusion zone, relevant activities shall
cease until conditions allow the
resumption of monitoring. Vibratory
pile installation would continue under
these conditions.
(h) The waters shall be scanned 30
minutes prior to commencing pile
driving activities and during all pile
driving activities. If marine mammals
enter or are observed within the
designated exclusion zones during, or
15 minutes prior to, impact pile driving,
the monitors shall notify the on-site
construction manager to not begin, or
cease, work until the animal(s) leave of
their own volition, or have not been
observed within the zone for 15
minutes.
9. Reporting
(a) POK shall provide NMFS with a
draft monitoring report within 90 days
of the expiration of this Authorization,
or within conclusion of the construction
work, 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
NMFS (West Coast Regional
Administrator or NMFS Office of
Protected Resources) on the draft report
within 30 days, a final report shall be
submitted to NMFS within 30 days
thereafter. If not comments are received
from NMFS within 30 days after receipt
of the draft report, the draft report shall
be considered final.
(c) In the unanticipated event that the
construction activities clearly cause the
take of a marine mammal in a manner
prohibited by this Authorization, such
as an injury, serious injury, or mortality
(Level A take), POK shall immediately
cease all operations and immediately
report the incident to the NMFS Chief
of the Permits and Conservation
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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
Division, Office of Protected Resources
and the NMFS West Coast Regional
Stranding Coordinators. The report must
include the following information:
(i) Time, date, and location (latitude
and longitude) of the incident;
(ii) Description of the incident;
(iii) Status of all sound sources used
in the 24 hours preceding the incident;
(iv) Environmental conditions (wind
speed, wind direction, sea state, cloud
cover, visibility, water depth);
(v) Description of the 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(s), if equipment is available.
(d) Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS shall work with POK to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
compliance. POK may not resume their
activities until notified by NMFS via
letter, email, or telephone.
(e) In the event that POK discovers an
injured or dead marine mammal, and
the marine mammal observer
determines that the cause of injury or
death is unknown and the death is
relatively recent (less than a moderate
state of decomposition), POK shall
immediately report the incident to the
NMFS Chief of Permits and
Conservation Division, Office of
Protected Resources, and the NMFS
West Coast Regional Stranding
Coordinator. The report must include
the same information identified above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS shall work with POK to
determine whether modifications in the
activities are appropriate
(f) In the event that POK discovers an
injured or dead marine mammal, and
the marine mammal observer
determines that the injury or death is
not associated with or related to the
activities authorized in the IHA
(previously wounded animal, carcass
with moderate to advanced
decomposition, or scavenger damage),
POK shall report the incident to the
NMFS Chief of Permits and
Conservation Division, Office of
Protected Resources, and the NMFS
West Coast Regional Stranding
Coordinator within 24 hours of the
discovery. POK shall provide
photographs or video footage (if
available) or other documentation of the
stranded animal(s) to NMFS and the
Marine Mammal Stranding Network.
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POK may continue its operations under
such a case.
10. This Authorization may be
modified, suspended, or withdrawn if
the holder fails to abide by the
conditions prescribed herein or if NMFS
determines that the authorized taking is
having more than a negligible impact on
the species or stock of affected marine
mammals.
Request for Public Comments
We request comment on our analyses,
the draft authorization, and any other
aspect of this Notice of Proposed IHA
for the proposed POK construction
activities. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may
issue a one-year renewal IHA without
additional notice when (1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned, or (2) the activities
would not be completed by the time the
IHA expires and renewal would allow
completion of the activities beyond that
described in the Dates and Duration
section, provided all of the following
conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA;
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements; and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the original findings remain valid.
Dated: July 19, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–15837 Filed 7–24–18; 8:45 am]
BILLING CODE 3510–22–P
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35225
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Scientific Research, Exempted
Fishing, and Exempted Educational
Activity Submissions.
OMB Control Number: 0648–0309.
Form Number(s): None.
Type of Request: Regular (revision
and extension of a currently approved
information collection).
Number of Respondents: 121.
Average Hours per Response:
Scientific research plans, 13 hours;
scientific research reports, 6 hours;
exempted fishing permit requests; 10
hours, exempted fishing permit reports,
4.5 hours; exempted educational
requests, 5 hours; exempted educational
reports, 2.5 hours.
Burden Hours: 2,141.
Needs and Uses: This request is for
revision and extension of a currently
approved information collection.
Research permits already covered under
other OMB Control Numbers have been
removed.
Fishery regulations do not generally
affect scientific research activities
conducted by a scientific research
vessel. Persons planning to conduct
such research are encouraged to submit
a scientific research plan to ensure that
the activities are considered research
and not fishing. The researchers are
requested to submit reports of their
scientific research activity after its
completion. Eligible researchers on
board federally permitted fishing vessels
that plan to temporarily possess fish in
a manner not compliant with applicable
fishing regulations for the purpose of
collecting scientific data on catch may
submit a request for a temporary
possession letter of authorization. The
researchers are requested to submit
reports of their scientific research
activity after its completion. The
National Marine Fisheries Service
(NMFS) may also grant exemptions from
fishery regulations for educational or
other activities (e.g., using nonregulation gear). The applications for
these exemptions must be submitted, as
well as reports on activities.
Affected Public: Business or other forprofit organizations; not-for-profit
E:\FR\FM\25JYN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35220-35225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15837]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG133
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Port of Kalama Expansion Project on
the Lower Columbia River
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the Port of Kalama (POK) to issue
an incidental harassment authorization (IHA) previously issued to the
POK to incidentally take three species of marine mammal, by Level B
harassment only, during construction activities associated with an
expansion project at the Port of Kalama on the Lower Columbia River,
Washington. The current IHA was issued in 2017 and is in effect until
August 31, 2018 (2017-2018 IHA). However, the project has been delayed
such that none of the work covered by the 2017-2018 IHA has been
initiated and, therefore, the POK requested that an IHA be issued to
conduct their work beginning on or about September 1, 2018 (2018-2019
IHA). NMFS is seeking public comment on its proposal to issue the 2018-
2019 IHA to cover the incidental take analyzed and authorized in the
2017-2018 IHA. Pursuant to the Marine Mammal Protection Act (MMPA),
NMFS is requesting comments on its proposal to issue an IHA to POK to
incidentally take, by Level B harassment, small numbers of marine
mammals during the specified activities. The authorized take numbers
and related analyses would be the same as for the 2017-2018 IHA, and
the required mitigation, monitoring, and reporting would remain the
same as authorized in the 2017-2018 IHA referenced above. NMFS will
consider public comments prior to making any final decision on the
issuance of the requested MMPA authorization and agency responses will
be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than August
24, 2018.
ADDRESSES: An electronic copy of the final Authorization issued in 2017
and supporting material along with an updated IHA request memo from POK
may be obtained by visiting https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Dale Youngkin, 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 (as delegated to NMFS) 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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
[[Page 35221]]
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).
National Environmental Policy Act
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), NMFS
prepared an Environmental Assessment (EA) to consider the direct,
indirect and cumulative effects to the human environment resulting from
the POK Expansion project. NMFS made the EA available to the public for
review and comment in order to assess the impacts to the human
environment of issuance of the 2017-2018 IHA to the POK. Also in
compliance with NEPA and the CEQ regulations, as well as NOAA
Administrative Order 216-6, NMFS signed a Finding of No Significant
Impact (FONSI) on October 24, 2016 for issuance of the 2017-2018 IHA.
These NEPA documents are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.
Since this IHA covers the same work covered in the 2017-2018 IHA,
NMFS has reviewed our previous EA and FONSI, and has preliminarily
determined that this action is consistent with categories of activities
identified in CE B4 of the Companion Manual for NOAA Administrative
Order 216-6A, which do not individually or cumulatively have the
potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS has preliminarily determined that the issuance of the
proposed IHA qualifies to be categorically excluded from further NEPA
review. We will review all comments submitted in response to this
notice prior to concluding our NEPA process or making a final decision
on the 2018-2019 IHA request.
History of Request
On September 28, 2015, we received a request from the POK for
authorization of the taking, by Level B harassment only, of marine
mammals incidental to the construction associated with the Port of
Kalama Expansion Project, which involved construction of the Kalama
Marine Manufacturing and Export Facility including a new marine
terminal for the export of methanol, and installation of engineered log
jams, restoration of riparian wetlands, and the removal of existing
wood piles in a side channel as mitigation activities. The specified
activity is expected to result in the take of three species of marine
mammals (harbor seals, California sea lions, and Steller sea lions). A
final version of the application, which we deemed adequate and
complete, was submitted on December 10, 2015. We published a notice of
a proposed IHA and request for comments on March 21, 2016 (81 FR
715064). After the public comment period and before we issued the final
IHA, POK requested that we issue the IHA for 2017 instead of the 2016
work season. We subsequently published the final notice of our issuance
of the IHA on December 12, 2016 (81 FR 89436), effective from September
1, 2017-August 31, 2018. In-water work associated with the project was
expected to be completed within the one-year timeframe of the IHA.
On June 21, 2018, POK informed NMFS that work relevant to the
specified activity considered in the MMPA analysis for the 2017-2018
IHA was postponed and would not be completed. POK requested that the
IHA be issued to be effective for the period from September 1, 2018-
August 31, 2019. In support of that request, POK submitted an
application addendum affirming that no change in the proposed
activities is anticipated and that no new information regarding the
abundance of marine mammals is available that would change the previous
analysis and findings.
Description of the Activity and Anticipated Impacts
The 2017-2018 IHA covered the construction of a marine terminal and
dock/pier for the export of methanol, and associated compensatory
mitigation activities for the purposes of offsetting habitat effects
from the action. The marine terminal will be approximately 45,000
square feet in size, supported by 320 concrete piles (24-inch precast
octagonal piles to be driven by impact hammer) and 16 steel piles (12 x
12-inch and 4 x 18-inch anticipated to be driven by vibratory hammer,
and impact hammering will only be done to drive/proof if necessary).
The compensatory mitigation includes installation of 8 engineered log
jams (ELJs), which will be anchored by untreated wooden piles driven by
impact hammer at low tides (not in water). The compensatory mitigation
also includes removal of approximately 320 untreated wooden piles from
an abandoned U.S. Army Corps of Engineers (USACE) dike in a nearby
backwater area. The piles will be removed either by direct pull or
vibratory extraction. Finally, the compensatory mitigation includes
wetland restoration and enhancement by removal of invasive species and
replacement with native wetland species.
NMFS refers the reader to the documents related to the 2017-2018
IHA for more detailed description of the project activities. These
previous documents include the Federal Register notice of the issuance
of the 2017-2018 IHA for the POK's Port of Kalama Expansion Project (81
FR 89436, December 12, 2016), the Federal Register notice of the
proposed IHA (81 FR 15064, March 21, 2016), POK's application (and 2018
application addendum), and all associated references.
Detailed Description of the Action--A detailed description of the
pile driving activities at the Port of Kalama is found in these
previous documents and the updated 2018-2019 IHA application addendum.
The location, timing (e.g., seasonality), and nature of the pile
driving operations, including the type and size of piles and the
methods of pile driving, are identical to those described in the
previous Federal Register notices referenced above.
Description of Marine Mammals--A description of the marine mammals
in the area of the activities is found in the previous documents
referenced above, which remain applicable to this IHA as well. In
addition, NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature. Since the submittal of the 2015 IHA application, the USACE
has published updated data on pinniped presence at the Bonneville Dam
(Tidwell et al., 2017). This information reveals that in both 2016 and
2017 the numbers of pinnipeds present at Bonneville Dam were within the
range of historical variability. The latest USACE data does not suggest
a trend that would require a modification to the take estimates or to
the effects analysis (see Table 1 below for a summary of monitoring
data by year from Tidwell et al., 2017). Therefore, NMFS has
preliminarily determined that the updated information does not affect
our analysis of impacts for the 2018-2019 IHA.
[[Page 35222]]
Table 1--Minimum Estimated Number of Individual Pinnipeds Observed at Bonneville Dam Tailrace Areas and the
Hours of Observation During the Focal Sampling Period, 2002 to 2017
[From Tidwell et al., 2017]
----------------------------------------------------------------------------------------------------------------
Total hours California sea Steller sea Total
Year observed lions lions Harbor seals pinnipeds
----------------------------------------------------------------------------------------------------------------
2002............................ 662 30 0 1 31
2003............................ 1,356 104 3 2 109
2004............................ 516 99 3 2 104
2005 *.......................... 1,109 81 4 1 86
2006............................ 3,650 72 11 3 86
2007............................ 4,433 71 9 2 82
2008............................ 5,131 82 39 2 123
2009............................ 3,455 54 26 2 82
2010............................ 3,609 89 75 2 166
2011............................ 3,315 54 89 1 144
2012............................ 3,404 39 73 0 112
2013............................ 3,247 56 80 0 136
2014............................ 2,947 71 65 1 137
2015............................ 2,995 195 a 69 0 264
2016............................ 1,974 149 a 54 0 203
2017............................ 1,142 92 a 63 1 156
----------------------------------------------------------------------------------------------------------------
* Observations did not begin until March 18 in 2005.
\a\ In 2015, 2016, and 2017 the minimum estimated number of Steller sea lions was 55, 41, and 32, respectively.
These counts were less than the maximum number of Steller sea lions observed on one day, so Tidwell et al.
(2017) used the maximum number observed on one day as the minimum number. This difference was driven by a
focus on California sea lions and lack of branding or unique markers on Steller sea lions.
Potential Effects on Marine Mammals--A description of the potential
effects of the specified activities on marine mammals and their habitat
is found in the previous documents referenced above, and remain
applicable to this proposed IHA. There is no new information on
potential effects that would change our analyses or determinations
under the 2018-2019 IHA.
Estimated Take--A description of the methods and inputs used to
estimate take anticipated to occur and, ultimately, the take that was
authorized is found in the previous documents referenced above. The
methods of estimating take for this proposed IHA are identical to those
used in the 2017-2018 IHA, as is the density of marine mammals. The
source levels, also remain unchanged from the 2017-2018 IHA, and NMFS'
2016 Technical Guidance for Assessing the Effects of Anthropogenic
Sound on Marine Mammal Hearing (NMFS 2016) was used to address new
acoustic thresholds in the notice of issuance of the 2017-2018 IHA. As
stated above, since the submittal of the application for the 2017-2018
IHA (in effect from September 1, 2017 through August 31, 2018), the
USACE has published updated data on pinniped presence at the Bonneville
Dam, and this data does not suggest a trend that would require a
modification to the take estimates or effects analysis. Consequently,
the proposed authorized take for this proposed 2018-2019 IHA is
identical to the 2017-2018 IHA, as presented in Table 2 below.
Table 2--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected
----------------------------------------------------------------------------------------------------------------
Percentage of
Estimated take Abundance of stock
by Level B stock potentially Population trend
harassment affected
----------------------------------------------------------------------------------------------------------------
Harbor seal........................... 1,530 24,732 6.2 Stable.
California sea lion................... 372 153,337 0.2 Stable.
Steller sea lion...................... 372 59,968 0.6 Increasing.
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures--A
description of mitigation, monitoring, and reporting measures is found
in the previous documents referenced above, and remain unchanged for
this proposed IHA. In summary, mitigation includes implementation of
shut down procedures if any marine mammal approaches or enters the
Level A harassment zone for impact pile driving. One trained observer
shall monitor to implement shutdowns and collect information at each
active impact pile driving location. In addition, two shore-based
observers (one upstream of the project, and another downstream of the
project), whose primary responsibility shall be to record pinnipeds in
the disturbance zone and to alert barge-based observers to the presence
of pinnipeds, thus creating a redundant alert system for prevention of
injurious interaction as well as increasing the probability of
detecting pinnipeds in the disturbance zone.
At least three observers shall be on duty during vibratory pile
driving activity for the first two days, and thereafter on every third
day to allow for estimation of Level B takes. The first observer shall
be positioned on a work platform or barge where the entirety of a 10 m
shutdown zone can be monitored. Shore based observers shall be
positioned to observe the disturbance zone from the bank of the river.
Protocols will be implemented to ensure that coordinated communication
of sightings occurs between observers in a timely manner.
Pile driving activities shall only be conducted during daylight
hours. If the shutdown zone is obscured by fog or poor lighting
conditions, pile driving
[[Page 35223]]
will not be initiated until the entire shutdown zone is visible. Work
that has been initiated appropriately in conditions of good visibility
may continue during poor visibility. The shutdown zone will be
monitored for 30 minutes prior to initiating the start of pile driving,
during the activity, and for 30 minutes after activities have ceased.
If pinnipeds are present within the shutdown zone prior to pile
driving, the start will be delayed until the animals leave the shutdown
zone of their own volition, or until 15 minutes elapse without re-
sighting the animal(s).
Soft start procedures shall be implemented at the start of each
day's impact pile driving and at any time following cessation of impact
driving for a period of thirty minutes or longer. If steel piles
require impact installation or proofing, a bubble curtain will be used
for sound attenuation.
Determinations
The POK proposes to conduct activities in 2018-2019 that are
identical to those covered in the currently 2017-2018 IHA. As described
above, the number of estimated takes of the same stocks of harbor seals
(OR/WA Coast stock), California sea lion (U.S. stock), and Steller sea
lion (Eastern DPS) is the same for this proposed IHA as those
authorized in the 2017-2018 IHA, which were found to meet the
negligible impact and small numbers standards. The authorized take of
1,200 harbor seals; 70 California sea lions, and 68 Steller sea lions
represent 4.8 percent, >0.1 percent, and 0.1 percent of these stocks of
marine mammals by Level B harassment, respectively. This proposed IHA
includes identical required mitigation, monitoring, and reporting
measures as the 2017-2018 IHA, and there is no new information
suggesting that our prior analyses or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily determined the following: (1) The
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (2) the required mitigation measures will
effect the least practicable impact on marine mammal species or stocks
and their habitat; (3) the authorized takes represent small numbers of
marine mammals relative to the affected species or stock abundances;
and (4) the POK's activities will not have an unmitigable adverse
impact on taking for subsistence purposes, as no relevant subsistence
uses of marine mammals are implicated by this action.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is expected to result from
this activity, and none would be authorized. Therefore, NMFS has
determined that consultation under section 7 of the ESA is not required
for this action.
Proposed Authorization
NMFS proposes to issue an IHA to POK for in-water construction work
activities beginning September 2018 through August 2019, with the
proposed mitigation, monitoring, and reporting requirements. The
proposed IHA language is provided next.
This section contains a draft of the IHA itself. The wording
contained in this section is proposed for inclusion in the IHA (if
issued).
The Port of Kalama (POK), 110 West Marine Drive, Kalama,
Washington, 98625, is hereby authorized under section 101(a)(5)(D) of
the Marine Mammal Protection Act (16 U.S.C. 1371(a)(5)(D)) and 50 CFR
216.107 to take marine mammals, by harassment, incidental to conducting
in-water construction work for the Port of Kalama Expansion Project
contingent upon the following conditions:
1. This Authorization is effective for one year from the date of
issuance.
2. Timing of Activities
(a) Timing of activities anticipated to result in take of marine
mammals shall be conducted between September 1, 2018 and January 31,
2019;
(b) Timing of Activities Not Anticipated to Result in Take of
Marine Mammals;
(i) Dredging would be conducted between September 1, 2018 and
December 31, 2018;
(ii) Construction/installation of engineered log jams (ELJ) may be
conducted year-round;
(iii) Construction that will take place below the Ordinary High
Water Mark (OHWM), but outside of the wetted perimeter of the river (in
the dry) may be conducted year-round; and
(iv) Removal of wooden piles from former trestle in the freshwater
intertidal backwater channel portion of the project site (compensatory
mitigation measure of removal of 157 wooden piles) may be conducted
year-round.
3. This Authorization is valid only for activities associated with
in-water construction work for the Port of Kalama Expansion Project on
approximately 100 acres (including uplands) at the northern end of the
Port of Kalama's North Port site (Lat. 46.049, Long. -122.874), located
at approximately river mile 72 along the lower Columbia River along the
east bank in Cowlitz County, Washington.
4. Briefings shall be conducted between construction supervisors,
crews, marine mammal observer team, and Port of Kalama staff prior to
the start of all pile driving/removal work and when new personnel join
the work in order to explain responsibilities, communication
procedures, marine mammal monitoring protocol, and operational
procedures.
5. (a) The number and species authorized for taking are: 1,530
harbor seals (Phoca vitulina richardsi), 372 California sea lions
(Zalophus californianus), and 372 Steller sea lions (Eumatopius
jubatus).
(b) The Authorization for taking by harassment is limited to the
following acoustic sources and activities:
(i) Impact pile driving; and
(ii) Vibratory pile driving activities (including vibratory removal
of temporary construction piles
(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 National Marine Fisheries Service (NMFS) West Coast Regional
Administrator at (206) 526-6150 and the NMFS Chief of the Permits and
Conservation Division at (301) 427-8401.
6. The taking, by Level B harassment only, is limited to the
species listed, and by the numbers listed, under condition 4(a) above.
The taking by Level A harassment or death of the species identified in
4(a) or any taking of any other species of marine mammal is prohibited
and may result in the modification, suspension, or revocation of this
Authorization.
7. Mitigation
(a) Activities authorized for take of marine mammals by this
Authorization shall occur only during daylight hours.
(b) A bubble curtain shall be used for sound attenuation if steel
piles require impact installation or proofing.
(c) Exclusion Zone and Level B Harassment Zones of Influence;
(i) Exclusion zones out to distances encompassing the Level A
harassment
[[Page 35224]]
zones shall be implemented to avoid Level A take of marine mammals (40
m (131 ft) for impact driving of concrete piles; 252 m (828 ft) for
impact driving of steel piles; and 16.5 m (54 ft) for vibratory driving
of steel piles); and
(ii) Disturbance zones shall be established as 117 m (384 ft) for
impact driving of concrete piles; 1,848 m (6,063 ft) for impact driving
of steel piles; and line of sight to nearest shoreline (5.7 km (18,700
ft) maximum) for vibratory driving of steel piles;
(d) Monitoring of marine mammals shall take place starting 30
minutes before pile driving begins and shall continue until 30 minutes
after pile driving ends.
(e) Soft Start
(i) Soft start procedures shall be implemented at the start of each
day's impact pile driving and at any time following cessation of impact
pile driving for a period of 30 minutes or longer; and
(ii) Soft start procedures require that the contractor provides an
initial set of three strikes at reduced energy followed by a 30-second
waiting period, then two subsequent reduced energy strike sets.
(f) Shutdown Measures
(i) POK shall implement shutdown measures if a marine mammal is
sighted within, or is perceived to be approaching, the exclusion zones
identified in 5(c)(i) above and the associated construction or pile
driving activities shall immediately cease. Pile driving or in-water
construction work shall not be resumed until the exclusion zone has
been observed as being clear of marine mammals for at least 15 minutes;
and
(ii) If marine mammals are present within the exclusion zones
established in 5(c)(i) above prior to the start of in-water
construction activities, these activities would be delayed until the
animals leave the exclusion zone of their own volition, or until 15
minutes elapse without resighting the animal, at which time it may be
assumed that the animal(s) have left the exclusion zone.
8. Monitoring
Marine Mammal Observers--POK shall employ observers to conduct
marine mammal monitoring for its construction project. Observers shall
have the following minimum qualifications:
(i) Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with the ability to estimate target size and distance. Use of
binoculars may be necessary to correctly identify the target;
(ii) Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience);
(iii) Experience or training in the field identification of the
marine mammals that could potentially be encountered;
(iv) Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
(v) Writing skills sufficient to prepare a report of observations
that shall include such information as the number and types of marine
mammals observed; the behavior of marine mammals in the project area
during construction; the dates and times when observations were
conducted; the dates and times when in-water construction activities
were conducted; the dates and times when marine mammals were present at
or within the defined disturbance zone; and the dates and times when
in-water construction activities were suspended to avoid incidental
harassment by disturbance from construction noise; and
(vi) Ability to communicate orally, by radio or in person, with
project personnel to provide real time information on marine mammals
observed in the area.
(b) Individuals meeting the minimum qualifications identified in
7(a), above, shall be present on site (on land or dock) at all times
during pile driving activities conducted for the project.
(c) During all impact pile driving activities, observers shall be
stationed to allow a clear line of sight of the exclusion zone (10 m
(33 ft) except for steel piles, which shall be 18 m (59 ft)) and the
entire disturbance zone as identified in Table 2 (attached).
(d) Marine mammal observers shall monitor for the first two days of
vibratory pile driving, and thereafter on every third day of vibratory
pile driving. Monitoring shall be conducted by three observers during
vibratory pile driving activities. One observer shall be stationed in
the general vicinity of the pile being driven and shall have clear line
of sight views of the entire inner harbor. Another observer shall be
stationed at an accessible location downstream (such as northern tip of
Prescott Beach County Park) and would observe the northern (downstream)
portion of the disturbance zone. A third observer shall be stationed at
an accessible location upstream and would observe the southern
(upstream) portion of the disturbance zone.
(e) Marine mammal observers shall scan the waters within each
monitoring zone activity using binoculars (Vector 10 X 42 or
equivalent), spotting scopes (Swarovski 20-60 zoom or equivalent;
Washington Department of Fish and Wildlife 2000), and visual
observation.
(f) Marine mammal presence within the Level B harassment zones of
influence (disturbance zones) shall be monitored, but pile driving
activity shall not be stopped if marine mammals are found present
unless they enter or approach the exclusion zone. Any marine mammal
observed within the disturbance zone shall be documented and counted as
a Level B take. Monitoring during vibratory pile driving shall occur
during the first two days of activity and during every three days
thereafter to estimate the number of individuals present within the
Level B harassment area.
(g) If waters exceed a sea-state which restrict the observers'
ability to make observations within the Level A injury exclusion zone,
relevant activities shall cease until conditions allow the resumption
of monitoring. Vibratory pile installation would continue under these
conditions.
(h) The waters shall be scanned 30 minutes prior to commencing pile
driving activities and during all pile driving activities. If marine
mammals enter or are observed within the designated exclusion zones
during, or 15 minutes prior to, impact pile driving, the monitors shall
notify the on-site construction manager to not begin, or cease, work
until the animal(s) leave of their own volition, or have not been
observed within the zone for 15 minutes.
9. Reporting
(a) POK shall provide NMFS with a draft monitoring report within 90
days of the expiration of this Authorization, or within conclusion of
the construction work, 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 NMFS (West Coast Regional
Administrator or NMFS Office of Protected Resources) on the draft
report within 30 days, a final report shall be submitted to NMFS within
30 days thereafter. If not comments are received from NMFS within 30
days after receipt of the draft report, the draft report shall be
considered final.
(c) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by
this Authorization, such as an injury, serious injury, or mortality
(Level A take), POK shall immediately cease all operations and
immediately report the incident to the NMFS Chief of the Permits and
Conservation
[[Page 35225]]
Division, Office of Protected Resources and the NMFS West Coast
Regional Stranding Coordinators. The report must include the following
information:
(i) Time, date, and location (latitude and longitude) of the
incident;
(ii) Description of the incident;
(iii) Status of all sound sources used in the 24 hours preceding
the incident;
(iv) Environmental conditions (wind speed, wind direction, sea
state, cloud cover, visibility, water depth);
(v) Description of the 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(s), if equipment
is available.
(d) Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with POK to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. POK may not resume their
activities until notified by NMFS via letter, email, or telephone.
(e) In the event that POK discovers an injured or dead marine
mammal, and the marine mammal observer determines that the cause of
injury or death is unknown and the death is relatively recent (less
than a moderate state of decomposition), POK shall immediately report
the incident to the NMFS Chief of Permits and Conservation Division,
Office of Protected Resources, and the NMFS West Coast Regional
Stranding Coordinator. The report must include the same information
identified above. Activities may continue while NMFS reviews the
circumstances of the incident. NMFS shall work with POK to determine
whether modifications in the activities are appropriate
(f) In the event that POK discovers an injured or dead marine
mammal, and the marine mammal observer determines that the injury or
death is not associated with or related to the activities authorized in
the IHA (previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), POK shall report the incident to
the NMFS Chief of Permits and Conservation Division, Office of
Protected Resources, and the NMFS West Coast Regional Stranding
Coordinator within 24 hours of the discovery. POK shall provide
photographs or video footage (if available) or other documentation of
the stranded animal(s) to NMFS and the Marine Mammal Stranding Network.
POK may continue its operations under such a case.
10. This Authorization may be modified, suspended, or withdrawn if
the holder fails to abide by the conditions prescribed herein or if
NMFS determines that the authorized taking is having more than a
negligible impact on the species or stock of affected marine mammals.
Request for Public Comments
We request comment on our analyses, the draft authorization, and
any other aspect of this Notice of Proposed IHA for the proposed POK
construction activities. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
On a case-by-case basis, NMFS may issue a one-year renewal IHA
without additional notice when (1) another year of identical or nearly
identical activities as described in the Specified Activities section
is planned, or (2) the activities would not be completed by the time
the IHA expires and renewal would allow completion of the activities
beyond that described in the Dates and Duration section, provided all
of the following conditions are met:
A request for renewal is received no later than 60 days
prior to expiration of the current IHA;
The request for renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial dates either are identical to the previously analyzed
activities or include changes so minor (e.g., reduction in pile size)
that the changes do not affect the previous analyses, take estimates,
or mitigation and monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized;
Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the original findings remain valid.
Dated: July 19, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-15837 Filed 7-24-18; 8:45 am]
BILLING CODE 3510-22-P
