Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Sand Point City Dock Replacement Project in Sand Point, Alaska, 38289-38292 [2018-16767]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Sand Point
City Dock Replacement Project in Sand
Point, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
NMFS has received a request
from the Alaska Department of
Transportation and Public Facilities
(ADOT&PF) to issue an incidental
harassment authorization (IHA)
previously issued to ADOT&PF to
incidentally take nine species of marine
mammal, by Level A and Level B
harassment, during construction
activities associated with the Sand Point
City Dock Replacement Project in Sand
Point, Alaska. ADOT&PF reported that
the project has been delayed. The IHA
issued on October 13, 2017 has effective
dates of August 1, 2018 through July 31,
2019. ADOT&PF requested that a new
IHA be issued to conduct their work
between May 31, 2019 and May 30,
2020. NMFS is, therefore, issuing a
second IHA to cover the incidental take
SUMMARY:
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analyzed and authorized in the first
IHA. The authorized take numbers
would be the same as authorized
previously, and the required mitigation,
monitoring, and reporting would remain
the same as authorized for the 2018 IHA
referenced above. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is notifying the public
about the issuance of an IHA to
ADOT&PF to incidentally take marine
mammals, by Level A and Level B
harassment only, during the specified
activity.
The IHA is valid May 31, 2019,
through May 30, 2020.
ADDRESSES: An electronic copy of the
final Authorization previously issued
for 2018–2019, ADOT&PF’s application,
and related documents 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: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
Background
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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.
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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
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).
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National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
incidental harassment authorization)
with respect to potential impacts on the
human environment.
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 had
determined that the issuance of the
2018–2019 IHA qualified to be
categorically excluded from further
NEPA review and signed a Categorical
Exclusion memo in October 2017. Since
the new 2019–2020 IHA covers the same
work covered in the former 2018–2019
IHA, NMFS is relying on this same
Categorical Exclusion memo for the
issuance of this IHA.
History of Request
On September 16, 2016, NMFS
received an application from ADOT&PF
for the taking of marine mammals
incidental to replacing the city dock in
Sand Point, Alaska. On April 11, 2017,
ADOT&PF submitted a revised
application that NMFS determined was
adequate and complete. ADOT&PF
proposed to conduct in-water activities
that may incidentally take, by Level A
and Level B harassment, nine species of
marine mammals. Proposed activities
included as part of the Sand Point City
Dock Replacement Project with
potential to affect marine mammals
include impact hammer pile driving and
vibratory pile driving and removal. We
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published a notice of a proposed IHA
and request for comments on July 6,
2017 (82 FR 31400). We subsequently
published the final notice of our
issuance of the IHA on October 23, 2017
(82 FR 48987), making the IHA valid for
August 1, 2018–July 31, 2019. The
specified activities are expected to
result in the take of nine species of
marine mammals including harbor seal
(Phoca vitulina), Steller sea lion
(Eumetopias jubatus), harbor porpoise
(Phocoena phocoena), Dall’s porpoise
(Phocoenoides dalli), killer whale
(Orcinus orca), humpback whale
(Megaptera novaeangliae), Fin whale
(Balaenoptera physalus), gray whale
(Eschrichtius robustus), and minke
whale (Balaenoptera acutorostrata).
On April 24, 2018, ADOT&PF
informed NMFS that work would be
postponed relevant to the specified
activity considered in the MMPA
analysis and construction will not start
until spring of 2019. Therefore,
ADOT&PF requested the IHA be reissued to be valid from May 31, 2019
through May 30, 2020.
Description of the Proposed Activity
and Anticipated Impacts
The 2018–2019 IHA covered the
construction of a new dock in Sand
Point, Alaska. Impact and vibratory
driving of piles and vibratory pile
removal were expected to take place
over a total of approximately 32 working
days within a 5-month window from
August 1, 2019 through December 31,
2019. However, due to the potential for
unexpected delays, up to 40 working
days may be required. The new dock
would be supported by approximately
52 round, 30-inch-diameter, 100-footlong permanent steel pipe piles. Fender
piles installed at the dock face would
consist of 8 round, 24-inch-diameter,
80-foot-long permanent steel pipe piles.
The single mooring dolphin would
consist of 3 round, 24-inch-diameter,
120-foot-long permanent battered steel
pipe piles. This equates to a total of 63
permanent piles. Up to 90 temporary
piles would be installed and removed
during construction of the dock and
would be either H-piles or pipe piles
with a diameter of less than 24 inches.
NMFS refers the reader to the
documents related to the previously
issued IHA for more detailed
description of the project activities.
These previous documents include the
Federal Register notice of the issuance
of the 2018–2019 IHA for ADOT&PF’s
Sand Point City Dock Replacement
Project (82 FR 48987; October 23, 2017),
ADOT&PF’s application, the Federal
Register notice of the proposed IHA (82
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FR 31400; July 6, 2017) and all
associated references and documents.
Detailed Description of the Action—A
detailed description of the proposed
vibratory and impact pile driving
activities at Sand Point City Dock is
found in these previous documents. The
location, timing (including the August
1, 2019—December 31 2019 work
window), 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 notices.
Description of Marine Mammals—A
description of the marine mammals in
the area of the activities is found in
these previous documents, which
remains applicable to this IHA as well.
In addition, NMFS has reviewed recent
draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and recent scientific
literature, and determined that no new
information affects our original analysis
of impacts under the current IHA.
Potential Effects on Marine
Mammals—A description of the
potential effects of the specified
activities on marine mammals and their
habitat is found in these previous
documents, which remains applicable to
this IHA. There is no new information
on potential effects.
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 these previous documents.
The methods of estimating take are
identical to those used in the previous
IHA, as is the density of marine
mammals. The source levels, were also
unchanged from the previously issued
IHA, and NMFS’ 2016 acoustic
technical guidance was used to address
new acoustic thresholds in the notice of
issuance of the 2018 IHA.
Description of Proposed Mitigation,
Monitoring and Reporting Measures—A
description of proposed mitigation,
monitoring, and reporting measures is
found in the previous documents,
which are identical in this issued IHA.
The following measures would apply to
ADOT&PFs mitigation requirements:
Establishment of Shutdown Zone—
For all pile driving activities, ADOT&PF
will establish a shutdown zone. The
purpose of a shutdown zone is generally
to define an area within which
shutdown of activity would occur upon
sighting of a marine mammal (or in
anticipation of an animal entering the
defined area). In this case, shutdown
zones are intended to contain areas in
which SPLs equal or exceed acoustic
injury criteria for some authorized
species, based on NMFS’ acoustic
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technical guidance published in the
Federal Register on August 4, 2016 (81
FR 51693).
Establishment of Monitoring Zones—
ADOT&PF will identify Level A take
zones which are areas beyond the
shutdown zones where animals may be
exposed to sound levels that could
result in permanent threshold shift
(PTS). During impact installation of 30inch and 24-inch piles, a 100-meter
shutdown zone would not be sufficient
to prevent Level A take of lowfrequency cetaceans (i.e., humpback
whales), high-frequency cetaceans (i.e.,
harbor porpoises), or phocid pinnipeds
(i.e., harbor seals). For this reason, Level
A take for small numbers of humpback
whales, harbor porpoises, and harbor
seals is authorized. To account for
potential variations in daily
productivity during impact installation,
isopleths were calculated for different
numbers of piles that could be installed
each day. ADOT&PF will identify Level
B disturbance zones which are areas
where SPLs equal or exceed 160 dB rms
for impact driving and 120 dB rms
during vibratory driving. Observation of
monitoring zones enables observers to
be aware of and communicate the
presence of marine mammals in the
project area and outside the shutdown
zone and thus prepare for potential
shutdowns of activity. NMFS has
established monitoring protocols
described in the Federal Register notice
of the issuance (82 FR 48987; October
23, 2017) which are based on the
distance and size of the monitoring and
shutdown zones. The same protocols are
contained in this 2019–2020 IHA.
Soft Start—The use of a soft-start
procedure is believed to provide
additional protection to marine
mammals by providing warning and/or
giving marine mammals a chance to
leave the area prior to the hammer
operating at full capacity. For impact
pile driving, contractors will be required
to implement soft start procedures. Soft
Start is not required during vibratory
pile driving and removal activities.
Pre-Activity Monitoring—Prior to the
start of daily in-water construction
activity, or whenever a break in pile
driving of 30 minutes or longer occurs,
the observer will observe the shutdown
and monitoring zones for a period of 30
minutes. The shutdown zone will be
cleared when a marine mammal has not
been observed within zone for that 30minute period. If a marine mammal is
observed within the shutdown zone, a
soft-start cannot proceed until the
animal has left the zone or has not been
observed for 30 minutes for medium
and large-sized odontocetes and
mysticetes and 15 minutes for small
cetaceans and pinnipeds.
Visual Marine Mammal
Observation—Monitoring will be
conducted by qualified marine mammal
observers (MMOs), who are trained
biologists, with minimum qualifications
described in the Federal Register notice
of the issuance of the 2018–2019 IHA
(82 FR 48987; October 23, 2017). In
order to effectively monitor the pile
driving monitoring zones, two MMOs
will be positioned at the best practical
vantage point(s). If waters exceed a seastate which restricts the observers’
ability to make observations within 100
m of the pile driving activity (e.g.,
excessive wind or fog), pile installation
and removal will cease. Pile driving will
not be initiated until the entire
shutdown zone is visible. MMOs shall
record specific information on the
sighting forms as described in the
Federal Register notice of the issuance
of the 2018–2019 IHA (82 FR 48987;
October 23, 2017). At the conclusion of
the in-water construction work,
ADOT&PF will provide NMSF with a
monitoring report which includes
summaries of recorded takes and
estimates of the number of marine
mammals that may have been harassed.
Determinations
ADOT&PF proposes to conduct
activities identical to those covered in
the previous 2018 IHA. As described
above, the number of estimated takes of
the same stocks of marine mammals is
the same as those authorized in the 2018
IHA that were found to meet the
negligible impact and small numbers
standards. The authorized take of
marine mammal species is shown in
Table 1. Our analysis shows that
between <0.01 percent and 2.89 percent
of the populations of affected stocks
could be taken by harassment.
Therefore, the numbers of animals
authorized to be taken for all species
would be considered small relative to
the relevant stocks or populations.
TABLE 11—SUMMARY OF THE ESTIMATED NUMBERS OF MARINE MAMMALS POTENTIALLY EXPOSED TO LEVEL A AND
LEVEL B HARASSMENT NOISE LEVELS
Estimated
number of
individuals
potentially
exposed to
the level A
harassment
threshold
Species (DPS/stock)
Estimated
number of
individuals
potentially
exposed to
the level B
harassment
threshold
DPS/stock bundance
(DPS/stock)
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Steller sea lion (wDPS) ............................................................
Harbor seal (Cook Inlet/Shelikof Strait) ...................................
Harbor porpoise (Gulf of Alaska) .............................................
Dall’s porpoise (Alaska) ...........................................................
Killer whale (Gulf of Alaska, Aleutian Islands, and Bering
Sea transient or Alaska resident).
Humpback whale 1 (Central North Pacific/Western North Pacific).
Fin whale (Northeast Pacific) ...................................................
Gray whale (Eastern North Pacific) .........................................
Minke whale (Alaska) ...............................................................
0
27
16
0
0
960
53
33
4
14
2
30
0
0
0
Total ..................................................................................
45
Percent of population
exposed to level A
or level B thresholds
6
2
3
50,983 .......................
27,386 .......................
31,046 .......................
83,400 .......................
587 (transient) ...........
2,347 (resident) .........
10,103 (Central NP) ..
1,107 (Western NP) ..
2 1,368 .......................
20,990 .......................
3 2,020 .......................
1.88
0.29
0.16
<0.01
2.38 (transient)
0.6 (resident)
0.32
2.89
0.44
<0.01
<0.01
1,105
N/A ............................
N/A.
1 The
Hawaii DPS is estimated to account for approximately 89 percent of all humpback whales in the Gulf of Alaska, whereas the Mexico and
Western North Pacific DPSs account for approximately 10.5% and 0.5%, respectively (Wade et al., 2016; NMFS 2016). Therefore, an estimated
28 animals from Hawaii DPS; 3 from Mexico DPS; and 1 from Western North Pacific DPS.
2 Based on 2010 survey of animals north and west of Kenai Peninsula in U.S. waters and is likely an underestimate (Muto et al., 2016b).
3 Based on 2010 survey on Eastern Bering Sea shelf. Considered provisional and not representative of abundance of entire stock (Muto et al.,
2016a).
N/A: Not Applicable.
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This final IHA includes identical
required mitigation, monitoring, and
reporting measures as the 2018 IHA, and
there is no new information suggesting
that our analysis or findings should
change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
The required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) ADOT&PF’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.
In order to comply with the ESA,
NMFS Alaska Regional Office (AKR)
Protected Resources Division issued a
Biological Opinion in September 2017
under section 7 of the ESA, on the
issuance of an IHA to ADOT&PF under
section 101(a)(5)(D) of the MMPA. There
are four distinct population segments
(DPSs) of three marine mammal species
that are listed under the ESA with
confirmed or possible occurrence in the
study area: The Western North Pacific
DPS and Mexico DPS of humpback
whale; the Western DPS of Steller sea
lion; and fin whale. The Biological
Opinion concluded that while the
issuance of the authorization may
adversely affect members of some listed
species it is not likely to jeopardize the
continued existence of any listed marine
mammal species or destroy or modify
any critical habitat. Note that the only
modification to the IHA is a change in
effective dates. No additional take has
been requested or is being authorized
and all mitigation measures described in
the Biological Opinion will continue to
be implemented to limit Level A and
Level B exposures. For these reasons,
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we anticipate no new or changed effects
of the action beyond what was
considered in the 2017 Biological
Opinion.
Authorization
NMFS has issued an IHA to
ADOT&PF for the Sand Point City Dock
Replacement Project for 2019–2020,
provided the previously described
mitigation, monitoring, and reporting
requirements from the 2018–2019 IHA
are incorporated.
Dated: August 1, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2018–16767 Filed 8–3–18; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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Meeting of the Columbia Basin
Partnership Task Force of the Marine
Fisheries Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee’s
(MAFAC’s) Columbia Basin Partnership
Task Force (CBP Task Force). The CBP
Task Force will discuss the issues
outlined in the SUPPLEMENTARY
INFORMATION below.
DATES: The meeting will be held August
22, 2018, 1–4 p.m., Pacific Time.
ADDRESSES: There is no public access.
Meeting is by conference call.
FOR FURTHER INFORMATION CONTACT:
Katherine Cheney; NFMS West Coast
Region; 503–231–6730; email:
Katherine.Cheney@noaa.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given of a meeting of MAFAC’s
CBP Task Force. The MAFAC was
established by the Secretary of
Commerce (Secretary), and, since 1971,
advises the Secretary on all living
marine resource matters that are the
responsibility of the Department of
Commerce. The MAFAC charter and
summaries of prior MAFAC meetings
are located online at https://
www.fisheries.noaa.gov/topic/
partners#marine-fisheries-advisorycommittee. The CBP Task Force reports
SUMMARY:
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to MAFAC and is being convened to
develop recommendations for long-term
goals to meet Columbia Basin salmon
recovery, conservation needs, and
harvest opportunities, in the context of
habitat capacity and other factors that
affect salmon mortality. More
information is available at the CBP Task
Force web page: https://
www.westcoast.fisheries.noaa.gov/
columbia_river/.
Matters To Be Considered
The Committee is convening to
discuss feedback from CBP Task Force
members as they shared provisional
goals with their constituents and
communities; drafting of their
recommendations and report; and next
steps for the CBP Task Force.
Time and Date
The meeting is scheduled for August
22, 2018, 1–4 p.m., Pacific Time by
conference call and webinar. Access
information for the public will be
posted at https://
www.westcoast.fisheries.noaa.gov/
columbia_river/ by August 8,
2018.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for auxiliary aids should be
directed to Katherine Cheney, 503–231–
6730 by August 8, 2018.
Dated: August 1, 2018.
Jennifer L. Lukens,
Federal Program Officer, Marine Fisheries
Advisory Committee, National Marine
Fisheries Service.
[FR Doc. 2018–16731 Filed 8–3–18; 8:45 am]
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Determination of Overfishing or an
Overfished Condition
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
This action serves as a notice
that NMFS, on behalf of the Secretary of
Commerce (Secretary), has found that
the following stocks are overfished or
subject to overfishing. Klamath River
fall-run Chinook salmon, Queets coho
salmon, Juan de Fuca coho salmon,
Snohomish coho salmon, and
SUMMARY:
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[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38289-38292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16767]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF370
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Sand Point City Dock
Replacement Project in Sand Point, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: NMFS has received a request from the Alaska Department of
Transportation and Public Facilities (ADOT&PF) to issue an incidental
harassment authorization (IHA) previously issued to ADOT&PF to
incidentally take nine species of marine mammal, by Level A and Level B
harassment, during construction activities associated with the Sand
Point City Dock Replacement Project in Sand Point, Alaska. ADOT&PF
reported that the project has been delayed. The IHA issued on October
13, 2017 has effective dates of August 1, 2018 through July 31, 2019.
ADOT&PF requested that a new IHA be issued to conduct their work
between May 31, 2019 and May 30, 2020. NMFS is, therefore, issuing a
second IHA to cover the incidental take analyzed and authorized in the
first IHA. The authorized take numbers would be the same as authorized
previously, and the required mitigation, monitoring, and reporting
would remain the same as authorized for the 2018 IHA referenced above.
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is notifying
the public about the issuance of an IHA to ADOT&PF to incidentally take
marine mammals, by Level A and Level B harassment only, during the
specified activity.
DATES: The IHA is valid May 31, 2019, through May 30, 2020.
ADDRESSES: An electronic copy of the final Authorization previously
issued for 2018-2019, ADOT&PF's application, and related documents 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: Rob Pauline, 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.
[[Page 38290]]
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 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
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an
incidental harassment authorization) with respect to potential impacts
on the human environment.
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 had determined
that the issuance of the 2018-2019 IHA qualified to be categorically
excluded from further NEPA review and signed a Categorical Exclusion
memo in October 2017. Since the new 2019-2020 IHA covers the same work
covered in the former 2018-2019 IHA, NMFS is relying on this same
Categorical Exclusion memo for the issuance of this IHA.
History of Request
On September 16, 2016, NMFS received an application from ADOT&PF
for the taking of marine mammals incidental to replacing the city dock
in Sand Point, Alaska. On April 11, 2017, ADOT&PF submitted a revised
application that NMFS determined was adequate and complete. ADOT&PF
proposed to conduct in-water activities that may incidentally take, by
Level A and Level B harassment, nine species of marine mammals.
Proposed activities included as part of the Sand Point City Dock
Replacement Project with potential to affect marine mammals include
impact hammer pile driving and vibratory pile driving and removal. We
published a notice of a proposed IHA and request for comments on July
6, 2017 (82 FR 31400). We subsequently published the final notice of
our issuance of the IHA on October 23, 2017 (82 FR 48987), making the
IHA valid for August 1, 2018-July 31, 2019. The specified activities
are expected to result in the take of nine species of marine mammals
including harbor seal (Phoca vitulina), Steller sea lion (Eumetopias
jubatus), harbor porpoise (Phocoena phocoena), Dall's porpoise
(Phocoenoides dalli), killer whale (Orcinus orca), humpback whale
(Megaptera novaeangliae), Fin whale (Balaenoptera physalus), gray whale
(Eschrichtius robustus), and minke whale (Balaenoptera acutorostrata).
On April 24, 2018, ADOT&PF informed NMFS that work would be
postponed relevant to the specified activity considered in the MMPA
analysis and construction will not start until spring of 2019.
Therefore, ADOT&PF requested the IHA be re-issued to be valid from May
31, 2019 through May 30, 2020.
Description of the Proposed Activity and Anticipated Impacts
The 2018-2019 IHA covered the construction of a new dock in Sand
Point, Alaska. Impact and vibratory driving of piles and vibratory pile
removal were expected to take place over a total of approximately 32
working days within a 5-month window from August 1, 2019 through
December 31, 2019. However, due to the potential for unexpected delays,
up to 40 working days may be required. The new dock would be supported
by approximately 52 round, 30-inch-diameter, 100-foot-long permanent
steel pipe piles. Fender piles installed at the dock face would consist
of 8 round, 24-inch-diameter, 80-foot-long permanent steel pipe piles.
The single mooring dolphin would consist of 3 round, 24-inch-diameter,
120-foot-long permanent battered steel pipe piles. This equates to a
total of 63 permanent piles. Up to 90 temporary piles would be
installed and removed during construction of the dock and would be
either H-piles or pipe piles with a diameter of less than 24 inches.
NMFS refers the reader to the documents related to the previously
issued IHA for more detailed description of the project activities.
These previous documents include the Federal Register notice of the
issuance of the 2018-2019 IHA for ADOT&PF's Sand Point City Dock
Replacement Project (82 FR 48987; October 23, 2017), ADOT&PF's
application, the Federal Register notice of the proposed IHA (82 FR
31400; July 6, 2017) and all associated references and documents.
Detailed Description of the Action--A detailed description of the
proposed vibratory and impact pile driving activities at Sand Point
City Dock is found in these previous documents. The location, timing
(including the August 1, 2019--December 31 2019 work window), 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 notices.
Description of Marine Mammals--A description of the marine mammals
in the area of the activities is found in these previous documents,
which remains applicable to this IHA as well. In addition, NMFS has
reviewed recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and recent scientific literature, and
determined that no new information affects our original analysis of
impacts under the current IHA.
Potential Effects on Marine Mammals--A description of the potential
effects of the specified activities on marine mammals and their habitat
is found in these previous documents, which remains applicable to this
IHA. There is no new information on potential effects.
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 these previous documents. The methods of
estimating take are identical to those used in the previous IHA, as is
the density of marine mammals. The source levels, were also unchanged
from the previously issued IHA, and NMFS' 2016 acoustic technical
guidance was used to address new acoustic thresholds in the notice of
issuance of the 2018 IHA.
Description of Proposed Mitigation, Monitoring and Reporting
Measures--A description of proposed mitigation, monitoring, and
reporting measures is found in the previous documents, which are
identical in this issued IHA. The following measures would apply to
ADOT&PFs mitigation requirements:
Establishment of Shutdown Zone--For all pile driving activities,
ADOT&PF will establish a shutdown zone. The purpose of a shutdown zone
is generally to define an area within which shutdown of activity would
occur upon sighting of a marine mammal (or in anticipation of an animal
entering the defined area). In this case, shutdown zones are intended
to contain areas in which SPLs equal or exceed acoustic injury criteria
for some authorized species, based on NMFS' acoustic
[[Page 38291]]
technical guidance published in the Federal Register on August 4, 2016
(81 FR 51693).
Establishment of Monitoring Zones--ADOT&PF will identify Level A
take zones which are areas beyond the shutdown zones where animals may
be exposed to sound levels that could result in permanent threshold
shift (PTS). During impact installation of 30-inch and 24-inch piles, a
100-meter shutdown zone would not be sufficient to prevent Level A take
of low-frequency cetaceans (i.e., humpback whales), high-frequency
cetaceans (i.e., harbor porpoises), or phocid pinnipeds (i.e., harbor
seals). For this reason, Level A take for small numbers of humpback
whales, harbor porpoises, and harbor seals is authorized. To account
for potential variations in daily productivity during impact
installation, isopleths were calculated for different numbers of piles
that could be installed each day. ADOT&PF will identify Level B
disturbance zones which are areas where SPLs equal or exceed 160 dB rms
for impact driving and 120 dB rms during vibratory driving. Observation
of monitoring zones enables observers to be aware of and communicate
the presence of marine mammals in the project area and outside the
shutdown zone and thus prepare for potential shutdowns of activity.
NMFS has established monitoring protocols described in the Federal
Register notice of the issuance (82 FR 48987; October 23, 2017) which
are based on the distance and size of the monitoring and shutdown
zones. The same protocols are contained in this 2019-2020 IHA.
Soft Start--The use of a soft-start procedure is believed to
provide additional protection to marine mammals by providing warning
and/or giving marine mammals a chance to leave the area prior to the
hammer operating at full capacity. For impact pile driving, contractors
will be required to implement soft start procedures. Soft Start is not
required during vibratory pile driving and removal activities.
Pre-Activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, the observer will observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone will be
cleared when a marine mammal has not been observed within zone for that
30-minute period. If a marine mammal is observed within the shutdown
zone, a soft-start cannot proceed until the animal has left the zone or
has not been observed for 30 minutes for medium and large-sized
odontocetes and mysticetes and 15 minutes for small cetaceans and
pinnipeds.
Visual Marine Mammal Observation--Monitoring will be conducted by
qualified marine mammal observers (MMOs), who are trained biologists,
with minimum qualifications described in the Federal Register notice of
the issuance of the 2018-2019 IHA (82 FR 48987; October 23, 2017). In
order to effectively monitor the pile driving monitoring zones, two
MMOs will be positioned at the best practical vantage point(s). If
waters exceed a sea-state which restricts the observers' ability to
make observations within 100 m of the pile driving activity (e.g.,
excessive wind or fog), pile installation and removal will cease. Pile
driving will not be initiated until the entire shutdown zone is
visible. MMOs shall record specific information on the sighting forms
as described in the Federal Register notice of the issuance of the
2018-2019 IHA (82 FR 48987; October 23, 2017). At the conclusion of the
in-water construction work, ADOT&PF will provide NMSF with a monitoring
report which includes summaries of recorded takes and estimates of the
number of marine mammals that may have been harassed.
Determinations
ADOT&PF proposes to conduct activities identical to those covered
in the previous 2018 IHA. As described above, the number of estimated
takes of the same stocks of marine mammals is the same as those
authorized in the 2018 IHA that were found to meet the negligible
impact and small numbers standards. The authorized take of marine
mammal species is shown in Table 1. Our analysis shows that between
<0.01 percent and 2.89 percent of the populations of affected stocks
could be taken by harassment. Therefore, the numbers of animals
authorized to be taken for all species would be considered small
relative to the relevant stocks or populations.
Table 11--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level A and Level B Harassment Noise Levels
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Estimated Estimated
number of number of
individuals individuals
potentially potentially Percent of population exposed to level
Species (DPS/stock) exposed to the exposed to the DPS/stock bundance (DPS/stock) A or level B thresholds
level A level B
harassment harassment
threshold threshold
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Steller sea lion (wDPS)................. 0 960 50,983................................ 1.88
Harbor seal (Cook Inlet/Shelikof Strait) 27 53 27,386................................ 0.29
Harbor porpoise (Gulf of Alaska)........ 16 33 31,046................................ 0.16
Dall's porpoise (Alaska)................ 0 4 83,400................................ <0.01
Killer whale (Gulf of Alaska, Aleutian 0 14 587 (transient)....................... 2.38 (transient)
Islands, and Bering Sea transient or 2,347 (resident)...................... 0.6 (resident)
Alaska resident).
Humpback whale \1\ (Central North 2 30 10,103 (Central NP)................... 0.32
Pacific/Western North Pacific). 1,107 (Western NP).................... 2.89
Fin whale (Northeast Pacific)........... 0 6 \2\ 1,368............................. 0.44
Gray whale (Eastern North Pacific)...... 0 2 20,990................................ <0.01
Minke whale (Alaska).................... 0 3 \3\ 2,020............................. <0.01
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Total............................... 45 1,105 N/A................................... N/A.
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\1\ The Hawaii DPS is estimated to account for approximately 89 percent of all humpback whales in the Gulf of Alaska, whereas the Mexico and Western
North Pacific DPSs account for approximately 10.5% and 0.5%, respectively (Wade et al., 2016; NMFS 2016). Therefore, an estimated 28 animals from
Hawaii DPS; 3 from Mexico DPS; and 1 from Western North Pacific DPS.
\2\ Based on 2010 survey of animals north and west of Kenai Peninsula in U.S. waters and is likely an underestimate (Muto et al., 2016b).
\3\ Based on 2010 survey on Eastern Bering Sea shelf. Considered provisional and not representative of abundance of entire stock (Muto et al., 2016a).
N/A: Not Applicable.
[[Page 38292]]
This final IHA includes identical required mitigation, monitoring,
and reporting measures as the 2018 IHA, and there is no new information
suggesting that our analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) ADOT&PF'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.
In order to comply with the ESA, NMFS Alaska Regional Office (AKR)
Protected Resources Division issued a Biological Opinion in September
2017 under section 7 of the ESA, on the issuance of an IHA to ADOT&PF
under section 101(a)(5)(D) of the MMPA. There are four distinct
population segments (DPSs) of three marine mammal species that are
listed under the ESA with confirmed or possible occurrence in the study
area: The Western North Pacific DPS and Mexico DPS of humpback whale;
the Western DPS of Steller sea lion; and fin whale. The Biological
Opinion concluded that while the issuance of the authorization may
adversely affect members of some listed species it is not likely to
jeopardize the continued existence of any listed marine mammal species
or destroy or modify any critical habitat. Note that the only
modification to the IHA is a change in effective dates. No additional
take has been requested or is being authorized and all mitigation
measures described in the Biological Opinion will continue to be
implemented to limit Level A and Level B exposures. For these reasons,
we anticipate no new or changed effects of the action beyond what was
considered in the 2017 Biological Opinion.
Authorization
NMFS has issued an IHA to ADOT&PF for the Sand Point City Dock
Replacement Project for 2019-2020, provided the previously described
mitigation, monitoring, and reporting requirements from the 2018-2019
IHA are incorporated.
Dated: August 1, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018-16767 Filed 8-3-18; 8:45 am]
BILLING CODE 3510-22-P
