Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to US 101/Chehalis River Bridge-Scour Repair in Washington State, 64531-64541 [2018-27199]
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
notified the ITC of the magnitude of the
margins of dumping likely to prevail
were the Orders revoked.4
On December 7, 2018, the ITC
published its determinations, pursuant
to sections 751(c) and 752 of the Act,
that revocation of the Orders on rebar
from Belarus, China, Indonesia, Latvia,
Moldova, Poland, and Ukraine would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Orders
The product covered by the orders is
all steel concrete reinforcing bars sold in
straight lengths, currently classifiable in
the Harmonized Tariff Schedule of the
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numbers 7214.20.00, 7228.30.8050,
7222.11.0050, 7222.30.0000,
7228.60.6000, 7228.20.1000, or any
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has been further processed through
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Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or a recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Orders on rebar from
Belarus, China, Indonesia, Latvia,
Moldova, Poland, and Ukraine. U.S.
Customs and Border Protection will
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the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation
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Administrative Protective Order
This notice also serves as the only
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their responsibility concerning the
return/destruction or conversion to
4 Id.
5 See Steel Concrete Reinforcing Bars from
Belarus, the People’s Republic of China, Indonesia,
Latvia, Moldova, Poland, and Ukraine: Final
Results of Expedited Third Sunset Reviews of the
Antidumping Duty Orders; Determination, 83 FR
63188 (December 7, 2018).
6 Id.
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and published pursuant to 777(i)(1) of
the Act and 19 CFR 351.218(f)(4).
Dated: December 11, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–27239 Filed 12–14–18; 8:45 am]
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SUMMARY:
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[FR Doc. 2018–27248 Filed 12–14–18; 8:45 am]
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DEPARTMENT OF COMMERCE
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RIN 0648–XG454
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to US 101/
Chehalis River Bridge-Scour Repair in
Washington State
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we have issued an incidental
harassment authorization (IHA) to
Washington State Department of
Transportation (WSDOT) to take small
numbers of marine mammals, by
harassment, incidental to US 101/
Chehalis River Bridge-Scour Repair in
Washington State.
DATES: This authorization is valid from
July 15, 2019, through February 15,
2020.
SUMMARY:
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application and supporting
documents may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other means of effecting the least
practicable adverse impact on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
The National Defense Authorization
Act (Pub. L. 108–136) removed the
small numbers and specified
geographical region limitations
indicated above and amended the
definition of harassment as it applies to
a military readiness activity
Summary of Request
On July 26, 2018, NMFS received a
request from WSDOT for an IHA to take
marine mammals incidental to US 101/
Chehalis River Bridge-Scour Repair in
the State of Washington. WSDOT’s
request was for take of small numbers of
harbor seal (Phoca vitulina); California
sea lion (Zalophus californianus);
Steller sea lion (Eumetopias jubatus);
gray whale (Eschrichtius robustus); and
harbor porpoise (Phocoena phocoena)
by Level B harassment only. This
authorization is valid from July 15,
2019, through February 15, 2020.
Neither WSDOT nor NMFS expects
serious injury or mortality to result from
this activity and, therefore, an IHA is
appropriate.
Description of the Activity
Overview
WSDOT plans to conduct in-water
construction work as part of the US 101/
Chehalis River Bridge-Scour Repair
Project in Washington State between
July 15, 2019 and February 15, 2020.
Vibratory pile driving will be required
to remove and install timber piles, steel
sheets and steel H-piles. Sound in the
water from vibratory driving may result
in behavioral harassment. NMFS
previously issued an IHA to WSDOT to
incidentally take five species of marine
mammal by Level B harassment on
October 18, 2017 (82 FR 50628;
November 1, 2017). That IHA is valid
from July 1, 2018 through June 30, 2019.
However, WSDOT has made minor
changes to the project plan and delayed
the work by one year. Therefore,
WSDOT has requested that NMFS reissue the IHA with the dates changed to
accommodate the analyzed work with
minor modifications to the number of
piles driven and removed as well as the
number of animals authorized for take.
No work was conducted or is planned
to occur under the original IHA. The
purpose of the US 101/Chehalis River
Bridge-Scour Repair Project is to make
the bridge foundation stable and protect
the foundation from further scour.
Bridge scour is the removal of sediment
such as sand and gravel from around
bridge abutments or piles. Scour, caused
by swiftly moving water, can scoop out
scour holes, compromising the integrity
of a structure. WSDOT plans to remove
debris from the scour area, fill the scour
void under Pier 14 with cement (to
protect the pilings from marine borers),
fill the scour hole, and protect the pier
with scour resistant material.
Note that WSDOT has made revisions
to the number and types of piles that
would be installed and removed under
the proposed 2019 IHA. The first change
is the removal of 44 timber piles (some
of which may be treated with creosote)
from the immediate vicinity of the scour
repair project. Additionally, 18 sheet
piles will be temporarily installed
adjacent to Pier 14, instead of the 44
sheet piles originally proposed. A
detailed description of the planned
WSDOT project is provided in the
Federal Register notice for the proposed
IHA (83 FR 53033; October 19, 2018).
Since that time, no changes have been
made to the planned WSDOT
construction activities. Therefore, a
detailed description is not provided
here. Please refer to that Federal
Register notice for the description of the
specific activity.
Dates and Duration
Due to NMFS and the U.S. Fish and
Wildlife Service (USFWS) in-water
work timing restrictions to protect
Endangered Species Act (ESA)-listed
salmonids, planned WSDOT in-water
construction is limited each year to July
15 through February 15. For this project,
in-water construction is planned to take
place between July 15, 2019 and
September 30, 2019. The IHA is
effective from July 15, 2019 to February
15, 2020. The estimated number of piles
and maximum time period for pile
installation and removal is 37 hours
over 6 days as shown in Table 1.
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TABLE 1—PILE REMOVAL MITIGATION AND SCOUR REPAIR PILE SUMMARY
Number of
piles
Minutes per
pile
Vibratory Removal
44
30
1320
22
22
2
Vibratory Driving ...
Vibratory Driving ...
Vibratory Removal
14-inch diameter
timber.
Sheet ....................
H pile ....................
H pile ....................
18
6
6
30
30
30
540
180
180
9
3
3
9
6
6
2
1
1
Total ...............
...............................
........................
........................
2220
37
........................
6.0
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Piles per day
Duration
(11-hour work
days)
Pile type
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Total minutes
Duration
(hours)
Method
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to WSDOT was published in the
Federal Register on October 19, 2018
(83 FR 53033). That notice described, in
detail, WSDOT’s planned activity, the
marine mammal species that may be
affected by the activity, and the
anticipated effects on marine mammals.
During the 30-day public comment
period, NMFS received comments from
the Marine Mammal Commission
(Commission). Please see the letter,
available online at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities, for full details of the
Commission’s recommendations. The
Commission recommended that NMFS
issue the IHA, subject to inclusion of the
proposed mitigation, monitoring, and
reporting measures.
Comment 1: The Commission
expressed concern that the renewal
process proposed in the Federal
Register notice is inconsistent with the
statutory requirements. The
Commission recommended that NMFS
refrain from implementing its proposed
renewal process and instead use
abbreviated Federal Register notices
and reference existing documents to
streamline the incidental harassment
authorization process. The Commission
further recommended that if NMFS did
not pursue a more general route, NMFS
should provide the Commission and the
public with a legal analysis supporting
its conclusion that the process is
consistent with the requirements under
section 101(a)(5)(D) of the MMPA.
Response 1: The notice of the
proposed IHA expressly notifies the
public that under certain, limited
conditions an applicant could seek a
renewal IHA for an additional year. The
notice describes the conditions under
which such a renewal request could be
considered and expressly seeks public
comment in the event such a renewal is
sought. Additional reference to this
solicitation of public comment has
recently been added at the beginning of
Federal Register notices that consider
renewals. NMFS appreciates the
streamlining achieved by the use of
abbreviated Federal Register notices
and intends to continue using them for
proposed IHAs that include minor
changes from previously issued IHAs,
but which do not satisfy the renewal
requirements. However, we believe our
proposed method for issuing renewals
meets statutory requirements and
maximizes efficiency. Importantly, such
renewals would be limited to where the
activities are identical or nearly
identical to those analyzed in the
proposed IHA, monitoring does not
indicate impacts that were not
previously analyzed and authorized,
and the mitigation and monitoring
requirements remain the same, all of
which allow the public to comment on
the appropriateness and effects of a
renewal at the same time the public
provides comments on the initial IHA.
NMFS has, however, modified the
language for future proposed IHAs to
clarify that all IHAs, including renewal
IHAs, are valid for no more than one
year and that the agency would consider
only one renewal for a project at this
time. In addition, notice of issuance or
denial of a renewal IHA would be
published in the Federal Register, as are
all IHAs. Last, NMFS will publish on
our website a description of the renewal
process before any renewal is issued
utilizing the new process.
Description of Marine Mammals in the
Area of Specified Activities
A detailed description of the species
likely to be affected by WSDOT’s
project, including brief introductions to
the species and relevant stocks as well
as available information regarding
population trends and threats, and
information regarding local occurrence,
were provided in the Federal Register
notice for the proposed IHA (83 FR
53033; October 19, 2018); since that
time, we are not aware of any changes
in the status of these species and stocks;
therefore, detailed descriptions are not
provided here. Please refer to that
Federal Register notice for these
descriptions. Please also refer to NMFS’
website (https://
www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Table 2 lists all species with expected
potential for occurrence in the project
location and summarizes information
related to the population or stock,
including regulatory status under the
MMPA and ESA and potential
biological removal (PBR), where known.
For taxonomy, we follow Committee on
Taxonomy (2017). PBR is defined by the
MMPA as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (as
described in NMFS’s SARs). While no
mortality is anticipated or authorized
here, PBR and annual serious injury and
mortality from anthropogenic sources
are included here as gross indicators of
the status of the species and other
threats.
Marine mammal abundance estimates
presented in this document represent
the total number of individuals that
make up a given stock or the total
number estimated within a particular
study or survey area. NMFS’s stock
abundance estimates for most species
represent the total estimate of
individuals within the geographic area,
if known, that comprises that stock. For
some species, this geographic area may
extend beyond U.S. waters. All managed
stocks in this region are assessed in
NMFS’s U.S. 2017 SARs (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and draft
U.S. 2018 SARS (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/draftmarine-mammal-stock-assessmentreports). All values presented in Table
2 are the most recent available at the
time of publication.
TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA
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Common name
Scientific name
ESA/
MMPA
status;
Strategic
(Y/N) 1
Stock
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
PBR
Annual
M/SI 3
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Eschrichtiidae
Gray whale .........................
Eschrichtius robustus ................
Eastern North Pacific ................
N
20,990 (0.05, 20,125,
2011).
624
132
Family Phocoenidae (porpoises)
Harbor porpoise ..................
Phocoena phocoena .................
Northern
Coast.
N
21,487 (0.44, 15,123,
2011).
151
≥3.0
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TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA—Continued
Common name
Scientific name
ESA/
MMPA
status;
Strategic
(Y/N) 1
Stock
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
PBR
Annual
M/SI 3
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals
and sea lions)
California sea lion ...............
Zalophus californianus ..............
U.S ............................................
N
Steller sea lion ....................
Eumetopias jubatus ..................
Eastern U.S ..............................
N
Family Phocidae (earless seals)
Harbor seal .........................
Phoca vitulina ...........................
Oregon/Washington Coast .......
N
296,750 (n/a, 153,337,
2011).
41,638 (n/a, 41,638,
2015) 4.
Unk 5 ...............................
9,200
389
2,498
108
undet
10.6
1 Endangered
Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases a CV is not applicable For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the species’ (or similar
species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV.
3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated
mortality due to commercial fisheries is presented in some cases.
4 Best estimate of pup and non-pup counts, which have not been corrected to account for animals at sea during abundance surveys.
5 Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here.
All species that could potentially
occur in the survey areas are included
in Table 2.
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Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The effects of underwater noise from
vibratory pile driving and removal
activities for the planned River BridgeScour repair project have the potential
to result in behavioral harassment of
marine mammals in the vicinity of the
action area. The Federal Register notice
for the proposed IHA (83 FR 53033;
October 19, 2018) included a discussion
of the effects of anthropogenic noise on
marine mammals and their habitat,
therefore that information is not
repeated here; please refer to the
Federal Register notice (83 FR 53033;
October 19, 2018) for that information.
Estimated Take
This section provides an estimate of
the number of incidental takes
authorized through this IHA, which will
inform both NMFS’ consideration of
‘‘small numbers’’ and the negligible
impact determination.
Harassment is the only type of take
expected to result from these activities.
Except with respect to certain activities
not pertinent here, section 3(18) of 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,
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feeding, or sheltering (Level B
harassment).
Authorized takes would be by Level B
harassment only, in the form of
disruption of behavioral patterns for
individual marine mammals resulting
from exposure to vibratory driving.
Based on the nature of the activity and
the anticipated effectiveness of the
mitigation measures (i.e., shutdown,
establishment and monitoring of
harassment zones) discussed in detail
below in the Mitigation section), Level
A harassment is neither anticipated nor
authorized.
As described previously, no mortality
is anticipated or authorized for this
activity. Below we describe how the
take is estimated.
Generally speaking, we estimate take
by considering: (1) Acoustic thresholds
above which NMFS believes the best
available science indicates marine
mammals will be behaviorally harassed
or incur some degree of permanent
hearing impairment; (2) the area or
volume of water that will be ensonified
above these levels in a day; (3) the
density or occurrence of marine
mammals within these ensonified areas;
and, (4) and the number of days of
activities. We note that while these
basic factors can contribute to a basic
calculation to provide an initial
prediction of takes, additional
information that can qualitatively
inform take estimates is also sometimes
available (e.g., previous monitoring
results or average group size). Below, we
describe the factors considered here in
more detail and present the authorized
take estimate.
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Acoustic Thresholds
Using the best available science,
NMFS has developed acoustic
thresholds that identify the received
level of underwater sound above which
exposed marine mammals would be
reasonably expected to be behaviorally
harassed (equated to Level B
harassment) or to incur permanent
threshold shift (PTS) (equated to Level
A harassment).
Level B Harassment for non-explosive
sources—Though significantly driven by
received level, the onset of behavioral
disturbance from anthropogenic noise
exposure is also informed to varying
degrees by other factors related to the
source (e.g., frequency, predictability,
duty cycle), the environment (e.g.,
bathymetry), and the receiving animals
(hearing, motivation, experience,
demography, behavioral context) and
can be difficult to predict (Southall et
al., 2007, Ellison et al., 2012). Based on
what the available science indicates and
the practical need to use a threshold
based on a factor that is both predictable
and measurable for most activities,
NMFS uses a generalized acoustic
threshold based on received level to
estimate the onset of behavioral
harassment. NMFS predicts that marine
mammals are likely to be behaviorally
harassed in a manner we consider Level
B harassment when exposed to
underwater anthropogenic noise above
received levels of 120 decibel (dB) re 1
micro pascal (mPa) root means square
(rms) for continuous (e.g., vibratory piledriving, drilling) sources such as those
used here.
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WSDOT’s planned activity includes
the use of continuous (vibratory driving
and removal and, therefore, the 120 dB
re 1 mPa (rms) is applicable.
Level A harassment for non-explosive
sources—NMFS’ Technical Guidance
for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing (Version 2.0) (NMFS,
2018) identifies dual criteria to assess
auditory injury (Level A harassment) to
five different marine mammal groups
(based on hearing sensitivity) as a result
of exposure to noise from two different
types of sources (impulsive or nonimpulsive). WSDOT’s planned activity
includes the use non-impulsive
(vibratory driving) sources.
These thresholds are provided in
Table 3 below. The references, analysis,
and methodology used in the
development of the thresholds are
described in NMFS 2018 Technical
Guidance, which may be accessed at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-acoustic-technicalguidance.
Table 3. Thresholds identifying the onset of Permanent Threshold Shift.
. ···.·
"
.·.
'
..
.· fl~aring Group
:
.. ·. •··.
....
PTS Onset. A~ol!s.tic• ':fhreslu;);lds*
'
.. .
...
•
: .
.(Receiye4 Level)
Impulsive
.
'
.· •· Nol1-'iqtp1lisive .
Cell!
Cel/2
Lpk,flat: 219 dB
LE,LF,24h: 199 dB
LE,LF,24h: 183 dB
Cel/3
Cel/4
Lpk,flat: 230 dB
LE,MF,24h: 198 dB
LE,MF,24h: 185 dB
Cel/5
Cel/6
Lpk,flat: 202 dB
LE,HF,24h: 173 dB
LE,HF,24h: 155 dB
Celll
Cel/8
Lpk,flat: 218 dB
LE,PW,24h: 201 dB
LE,PW,24h: 185 dB
Cel/9
Cel/10
Lpk,flat: 232 dB
LE,OW,24h: 219 dB
Low-Frequency (LF)
Cetaceans
Mid-Frequency (MF)
Cetaceans
High-Frequency (HF)
Cetaceans
Phocid Pinnipeds (PW)
(Underwater)
Otariid Pinnipeds (OW)
(Underwater)
•·
.
.
LE,OW,24h: 203 dB
*Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Ensonified Area
Here, we describe operational and
environmental parameters of the activity
that will feed into identifying the area
ensonified above the acoustic
thresholds, which include source levels
and transmission loss coefficient.
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Reference sound source levels used by
WSDOT vibratory piling driving and
removal activities were derived from
several sources. WSDOT utilized inwater measurements generated by the
Greenbusch Group (2018) from the
WDOT Seattle Pier 62 project (83 FR
39709) to establish proxy sound source
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Sfmt 4703
levels for vibratory removal of 14-inch
timber piles. The results determined
unweighted rms ranging from 140 dB to
169 dB. WSDOT used the 75th
percentile of these values (161 dB rms
measured at 10 meters) as a proxy for
vibratory removal of 14-inch timber
piles at the Chehalis River Bridge.
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Note: Peak sound pressure (Lpk) has a reference value of 1 f!Pa, and cumulative sound exposure level (LE)
has a reference value of lf!Pa2s. In this Table, thresholds are abbreviated to reflect American National
Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as
incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
"flat" is being included to indicate peak sound pressure should be flat weighted or unweighted within the
generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle).
When possible, it is valuable for action proponents to indicate the conditions under which these acoustic
thresholds will be exceeded.
64536
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
However, NMFS reviewed the report by
the Greenbusch Group (2018) and
determined that the findings were
derived by pooling together all steel pile
and timber pile at various distance
measurements data together. The data
was not normalized to the standard 10
m distance. NMFS analyzed source
measurements at different distances for
all 63 individual timber piles that were
removed and normalized the values to
10 m. The results showed that the
median is 152 dB SPLrms. This value
was used as the source level for
vibratory removal of 14-inch timber
piles.
The planned project includes
vibratory driving of 18 sheet piles as
well as vibratory driving and removal of
six steel H piles. Based on in-water
measurements at the Elliot Bay Seawall
Project, vibratory pile driving of steel
sheet piles generated a source level of
165 dB rms measured at 10 m
(Greenbush Group 2015). According to
CalTrans (2015), 150 dB rms at 10 m is
a typical source level for vibratory
driving and removal of steel H piles.
Level B Harassment Zones
The practical spreading model was
used by WSDOT to establish the Level
B harassment zones for all vibratory pile
installation and removal activities.
Practical spreading is described in full
detail below.
Pile driving generates underwater
noise that can potentially result in
disturbance to marine mammals in the
project area. Transmission loss (TL) is
the decrease in acoustic intensity as an
acoustic pressure wave propagates out
from a source. TL parameters vary with
frequency, temperature, sea conditions,
current, source and receiver depth,
water depth, water chemistry, and
bottom composition and topography.
The general formula for underwater TL
is:
TL = B * log10 (R1/R2),
Where:
R1 = the distance of the modeled SPL from
the driven pile, and
R2 = the distance from the driven pile of the
initial measurement.
This formula neglects loss due to
scattering and absorption, which is
assumed to be zero here. The degree to
which underwater sound propagates
away from a sound source is dependent
on a variety of factors, most notably the
water bathymetry and presence or
absence of reflective or absorptive
conditions including in-water structures
and sediments. Spherical spreading
occurs in a perfectly unobstructed (freefield) environment not limited by depth
or water surface, resulting in a 6 dB
reduction in sound level for each
doubling of distance from the source (20
* log[range]). Cylindrical spreading
occurs in an environment in which
sound propagation is bounded by the
water surface and sea bottom, resulting
in a reduction of 3 dB in sound level for
each doubling of distance from the
source (10 * log[range]). A practical
spreading value of 15 is often used
under conditions where water increases
with depth as the receiver moves away
from the shoreline, resulting in an
expected propagation environment that
would lie between spherical and
cylindrical spreading loss conditions.
Utilizing the practical spreading loss
model, WSDOT determined the distance
and area where the noise will fall below
the behavioral effects threshold of 120
dB rms. The distances and areas are
shown in Table 4. Note that the
ensonified area is based on a GIS
analysis of the area accounting for
structures and landmasses which would
block underwater sound transmission.
TABLE 4—LEVEL B HARASSMENT ENSONIFIED AREA
Level B harassment zone
isopleth
(meters)
Pile type
14-inch timber vibratory removal .............................................................................................................................
Steel sheet vibratory driving ....................................................................................................................................
Steel H-pile vibratory driving and removal ..............................................................................................................
Level A Harassment Zones
When the NMFS Technical Guidance
(2016) was published, in recognition of
the fact that ensonified area/volume
could be more technically challenging
to predict because of the duration
component in the new thresholds, we
developed a User Spreadsheet that
includes tools to help predict a simple
isopleth that can be used in conjunction
with marine mammal density or
occurrence to help predict takes. We
note that because of some of the
assumptions included in the methods
used for these tools, we anticipate that
isopleths produced are typically going
to be overestimates of some degree.
However, these tools offer the best way
to predict appropriate isopleths when
more sophisticated 3D modeling
methods are not available, and NMFS
continues to develop ways to
quantitatively refine these tools, and
will qualitatively address the output
Area
(km 2)
1,359
10,000
1,000
0.93
2.04
0.67
where appropriate. For stationary
sources such as vibratory driving, NMFS
User Spreadsheet predicts the closest
distance at which, if a marine mammal
remained at that distance the whole
duration of the activity, it would not
incur PTS. User Spreadsheet inputs are
shown in Table 5 and outputs are
shown in Table 6. Note that since no
Level A harassment take is authorized,
the areas of the Level A harassment
zones were not calculated.
TABLE 5—PARAMETERS OF PILE DRIVING ACTIVITY
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14-inch timber
Sheet
H-Pile
USER SPREADSHEET INPUT
Spreadsheet Tab Used ...................................................
Source Level (rms SPL) ..................................................
Weighting Factor Adjustment (kHz) ................................
Number of piles in 24-h period ........................................
Duration to drive a single pile (minutes) .........................
Propagation (xLogR) .......................................................
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A.1) Vibratory driving .........
152 .....................................
2.5 ......................................
22 .......................................
30 .......................................
15 .......................................
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A.1) Vibratory driving .........
165 .....................................
2.5 ......................................
9 .........................................
30 .......................................
15 .......................................
E:\FR\FM\17DEN1.SGM
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A.1) Vibratory driving.
150.
2.5.
6.
30.
15.
64537
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
TABLE 5—PARAMETERS OF PILE DRIVING ACTIVITY—Continued
Distance of source level measurement (meters) ............
14-inch timber
Sheet
H-Pile
10 .......................................
10 .......................................
10.
TABLE 6—LEVEL A HARASSMENT ZONE ISOPLETHS
PTS Isopleth (meters)
Low-frequency
cetaceans
Source type
Mid-frequency
cetaceans
Highfrequency
cetaceans
Phocid
pinnipeds
Otariid
pinnipeds
USER SPREADSHEET OUTPUT
14-inch timber ......................................................................
Sheet pile .............................................................................
H-pile ....................................................................................
Marine Mammal Occurrence
In this section we provide the
information about the presence, density,
or group dynamics of marine mammals
that will inform the take calculations.
There is little abundance or density
data available for marine mammal
species that are likely to occur within
Grays Harbor and which could
potentially be found in the Chehalis
River near the project site. In most
cases, WSDOT relied on density data
from the U.S. Navy Marine Species
Density Database (NMSDD) (U.S. Navy
2015). NMFS concurs that this, and the
exceptions described below, represent
the best available data for use here.
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Harbor Seal
While the NMSDD (U.S. Navy 2015)
estimates the density of harbor seals in
the waters offshore of Grays Harbor as
0.279 animals per square kilometer,
WSDOT relied on a study which
identified 44 harbor seal haul-outs in
Grays Harbor and provided very rough
estimates of the number of seals at each
site. Twenty-seven haul-outs had less
than 100 animals; 16 haul-outs had 100–
500 animals; and 2 haul outs were
reported to support over 500 animals
(Jeffries et al. 2000). These data likely
represent the best estimate of harbor
seal numbers in Grays Harbor. Using
median numbers of each haul-out
estimate range resulted in an estimated
7,150 harbor seals in Grays Harbor. The
area of the estuary during mean higher
high water (243 km2) was used to derive
a density estimate of 29.4 harbor seals
per square kilometer.
California Sea Lion
Only 10 California sea lion strandings
have been documented between 2006
and 2015 (NMFS 2016c), and no haulouts have been identified. Therefore, it
is expected that the density of California
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8.5
34.4
2.6
0.8
3
0.2
sea lions in Grays Harbor is low. The
NMSDD (U.S. Navy 2015) estimates the
density of California sea lions in the
waters offshore of Grays Harbor as
ranging from 0.020 to 0.033 animals per
square kilometer in summer and fall.
The higher estimate is used as a
surrogate for Grays Harbor.
Steller Sea Lion
According to the NMFS National
Stranding Database, there were four
confirmed Steller sea lion strandings in
Grays Harbor between 2006 and 2015
(NMFS 2016c) and no haul-outs have
been identified in Grays Harbor. The
NMSDD (U.S. Navy 2015) estimates the
density of Steller sea lions in the waters
offshore of Grays Harbor as 0.0145
animals per square kilometer. This
estimate is used as a surrogate for Grays
Harbor.
Gray Whale
Between 1998 and 2010, gray whale
numbers peaked in spring and fall in a
study area that included waters inside
Grays Harbor and coastal waters along
the south Washington coast
(Calambokidis, et al. 2012). However, no
density estimates are available for Grays
Harbor. The NMSDD (U.S. Navy 2015)
estimates the density of gray whales in
nearshore waters near Grays Harbor as
0.00045 animal per square kilometer in
summer and fall. This density is used
for Grays Harbor.
Harbor Porpoise
The NMSDD (U.S. Navy 2015)
estimates the density of harbor
porpoises in the waters offshore of
Grays Harbor as a range between 0.69
and 1.67 animals per square kilometer.
According to Evenson et al. (2016), the
maximum harbor porpoise density in
the Strait of Juan de Fuca
(approximately 105 miles north of Grays
Harbor) in 2014 was 0.768 animals per
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12.5
50.9
3.9
5.2
20.9
1.6
0.4
1.5
0.1
square kilometer. The higher density
estimate for waters offshore of Grays
Harbor (1.67) is used to estimate take.
Take Calculation and Estimation
Here we describe how the information
provided above is brought together to
produce a quantitative take estimate.
No Level A harassment take is likely
because of the small injury zones and
relatively low average animal density in
the area. Since the largest Level A
harassment distance is only 50.9 m from
the source for high-frequency cetaceans
(harbor porpoise), NMFS considers that
WSDOT can effectively monitor such
small zones to implement shutdown
measures and avoid Level A harassment
takes. Therefore, no Level A harassment
take of marine mammal is authorized.
NMFS used an estimated harbor seal
density of 29.4 animals/km2 in the US
101/Chehalis River Bridge-Scour Repair
Project area to estimate the following
number of Level B harassment
exposures that may occur:
• 14-inch timber pile removal: 29.4.
animals/km2 * 0.93 km2 * 2 days =
54.68
• Sheet pile installation: 29.4 animals/
km2 * 2.04 km2 * 2 days = 119.95
• H-pile installation and removal: 29.4
animals/km2 * 0.67 km2 * 2 days =
39.39
Based on the sum of the equations
above, NMFS authorizes 214 takes of
harbor seals by Level B harassment.
NMFS inserted the California sea lion
density of 0.033 animals/km2 into the
same equation used above for harbor
seals to estimate Level B harassment
exposures. Based on the sum of the
equations, an estimated 0.24 California
sea lions would be taken by Level B
harassment. Due to this low value,
NMFS conservatively authorizes the
take of two California sea lions each day
of in-water activities, resulting in 12
takes by Level B harassment.
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NMFS estimated take of Steller sea
lions by inserting a density of 0.0145
animals/km2 into the same equation
used above for harbor seals resulting in
0.10 takes of sea lions. Given the low
value, NMFS conservatively authorizes
the take of two Steller sea lions during
each day of in-water activities, resulting
in 12 takes by Level B harassment.
NMFS used the same equation that
was used for harbor seals to estimate
take for gray whales by inserting a
density value of 0.00045 animals/km2.
Since this resulted in a value less than
one, NMFS authorizes Level B
harassment take of two gray whales per
day based on average group size.
For the proposed IHA, a density value
of 1.67 animal/km2 for harbor porpoises
was plugged into the harbor seal
equation to arrive at an estimated 2
harbor porpoise takes per day for a total
of 12.
Table 7 shows total number of
authorized Level B harassment takes
and take as a percentage of population
for each of the species.
TABLE 7—TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE
Authorized
take by
Level B
harassment
Species
Harbor seal ..............................................................................................................................................................
California sea lion ....................................................................................................................................................
Steller sea lion .........................................................................................................................................................
Gray whale ...............................................................................................................................................................
Harbor porpoise .......................................................................................................................................................
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Mitigation Measures
In order to issue an IHA under
Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible
methods of taking pursuant to such
activity, and other means of effecting
the least practicable impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses (latter not
applicable for this action). NMFS
regulations require applicants for
incidental take authorizations to include
information about the availability and
feasibility (economic and technological)
of equipment, methods, and manner of
conducting such activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or
may not be appropriate to ensure the
least practicable adverse impact on
species or stocks and their habitat, as
well as subsistence uses where
applicable, we carefully consider two
primary factors:
(1) The manner in which, and the
degree to which, the successful
implementation of the measure(s) is
expected to reduce impacts to marine
mammals, marine mammal species or
stocks, and their habitat. This considers
the nature of the potential adverse
impact being mitigated (likelihood,
scope, range). It further considers the
likelihood that the measure will be
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effective if implemented (probability of
accomplishing the mitigating result if
implemented as planned) the likelihood
of effective implementation (probability
implemented as planned), and;
(2) the practicability of the measures
for applicant implementation, which
may consider such things as cost,
impact on operations, and, in the case
of a military readiness activity,
personnel safety, practicality of
implementation, and impact on the
effectiveness of the military readiness
activity.
Mitigation for Marine Mammals and
Their Habitat
Temporal and Seasonal Restrictions—
Timing restrictions would be used to
avoid in-water work when ESA-listed
salmonids are most likely to be present.
The combined work window for inwater work for the U.S. 101/Chehalis
River Bridge–Scour Project is July 15
through February 15. Furthermore, work
may only occur during daylight hours,
when visual monitoring of marine
mammals can be effectively conducted.
Establishment of Shutdown Zone—
For all pile driving activities, WSDOT
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 sound pressure levels (SPLs)
equal or exceed acoustic injury criteria
for authorized species. If a marine
mammal is observed at or within the
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214
12
12
2
12
% population
1.9
<0.01
<0.01
<0.01
<0.01
shutdown zone, work must shut down
(stop work) until the individual has
been observed outside of the zone, or
has not been observed for at least 15
minutes for all marine mammals. A
determination that the shutdown zone is
clear must be made during a period of
good visibility (i.e., the entire shutdown
zone and surrounding waters must be
visible to the naked eye). If a marine
mammal approaches or enters the
shutdown zone during activities or preactivity monitoring, all pile driving and
removal activities at that location must
be halted or delayed, respectively. If
pile driving or removal is halted or
delayed due to the presence of a marine
mammal, the activity may not resume or
commence until either the animal has
voluntarily left and been visually
confirmed beyond the shutdown zone or
15 minutes have passed without redetection of the animal. Pile driving and
removal activities include the time to
install or remove a single pile or series
of piles, as long as the time elapsed
between uses of the pile driving
equipment is no more than thirty
minutes. Shutdown zone sizes are
shown in Table 8. Note that NMFS has
increased the shutdown zone described
in the Federal Register notice for
proposed IHA for high-frequency
cetaceans from 50 m to 55 m as well as
the shutdown zone for phocid
pinnipeds from 20 m to 25 m during
sheet pile installation. In this notice of
issuance, NMFS has elected to round up
to these higher values instead of
rounding down as was done in the
proposed notice.
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
TABLE 8—SHUTDOWN ZONES FOR VARIOUS PILE DRIVING ACTIVITIES AND MARINE MAMMAL HEARING GROUPS (METERS)
Low-frequency
cetaceans
Source type
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14-inch timber removal ....................................................................................
Sheet pile installation .......................................................................................
H-pile installation and removal ........................................................................
For in-water heavy machinery
activities other than pile driving, if a
marine mammal comes within 10 m,
operations must cease and vessels must
reduce speed to the minimum level
required to maintain steerage and safe
working conditions. WSDOT must also
implement shutdown measures if the
cumulative total number of individuals
observed within the Level B harassment
monitoring zones for any particular
species reaches the number authorized
under the IHA and if such marine
mammals are sighted within the vicinity
of the project area and are approaching
the Level B Harassment/Monitoring
Zone during in-water construction
activities.
Establishment of Level B Harassment/
Monitoring Zones—WSDOT must
identify and establish Level B
harassment zones which are areas where
SPLs equal or exceed 120 dB rms.
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.
Monitoring zones are also used to
document instances of Level B
harassment. Monitoring zone isopleths
are shown in Table 4.
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 shall observe the shutdown
and monitoring zones for a period of 30
minutes. The shutdown zone shall be
cleared when a marine mammal has not
been observed within the zone for that
30-minute period. When a marine
mammal permitted for Level B
harassment take is present in the Level
B harassment zone, piling activities may
begin and Level B harassment take shall
be recorded. As stated above, if the
entire Level B harassment zone is not
visible at the start of construction, piling
driving activities can begin. If work
ceases for more than 30 minutes, the
pre-activity monitoring of both the Level
B harassment and shutdown zone shall
commence.
Non-Authorized Take Prohibited—If a
species enters or approaches the Level
B harassment zone and that species is
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35
10
not authorized for take or a species for
which authorization has been granted
but the authorized takes have been met,
pile driving and removal activities must
shut down immediately. Activities must
not resume until the animal has been
confirmed to have left the area or an
observation time period of 15 minutes
has elapsed.
Based on our evaluation of the
applicant’s mitigation measures, NMFS
has determined that the required
mitigation measures provide the means
effecting the least practicable impact on
the affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance
Monitoring and Reporting
In order to issue an IHA for an
activity, Section 101(a)(5)(D) of the
MMPA states that NMFS must set forth,
requirements pertaining to the
monitoring and reporting of such taking.
The MMPA implementing regulations at
50 CFR 216.104 (a)(13) indicate that
requests for authorizations must include
the suggested means of accomplishing
the necessary monitoring and reporting
that will result in increased knowledge
of the species and of the level of taking
or impacts on populations of marine
mammals that are expected to be
present in the action area. Effective
reporting is critical both to compliance
as well as ensuring that the most value
is obtained from the required
monitoring.
Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) Action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
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Fmt 4703
Sfmt 4703
Highfrequency
cetaceans
Phocid
pinnipeds
15
55
10
Otariid
pinnipeds
10
25
10
10
10
10
action; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
cumulative impacts from multiple
stressors;
• How anticipated responses to
stressors impact either: (1) Long-term
fitness and survival of individual
marine mammals; or (2) populations,
species, or stocks;
• Effects on marine mammal habitat
(e.g., marine mammal prey species,
acoustic habitat, or other important
physical components of marine
mammal habitat); and
• Mitigation and monitoring
effectiveness.
Visual Monitoring
WSDOT shall employ NMFSapproved protected species observers
(PSOs) to conduct marine mammal
monitoring for its US 101/Chehalis
River Bridge-Scour Repair Project. The
purposes of marine mammal monitoring
are to implement mitigation measures
and learn more about impacts to marine
mammals from WSDOT’s construction
activities. The PSOs will observe and
collect data on marine mammals in and
around the project area for 30 minutes
before, during, and for 30 minutes after
all pile removal and pile installation
work. NMFS-approved PSOs shall meet
the following requirements:
1. Independent observers (i.e., not
construction personnel) are required;
2. At least one observer must have
prior experience working as an observer;
3. Other observers may substitute
education (undergraduate degree in
biological science or related field) or
training for experience;
4. Where a team of three or more
observers are required, one observer
should be designated as lead observer or
monitoring coordinator. The lead
observer must have prior experience
working as an observer; and
5. NMFS will require submission and
approval of observer CVs;
WSDOT must ensure that observers
have the following additional
qualifications:
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
1. Ability to conduct field
observations and collect data according
to assigned protocols;
2. Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
3. Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
4. Writing skills sufficient to prepare
a report of observations including but
not limited to the number and species
of marine mammals observed; dates and
times when in-water construction
activities were conducted; dates, times,
and reason for implementation of
mitigation (or why mitigation was not
implemented when required); and
marine mammal behavior; and
5. Ability to communicate orally, by
radio or in person, with project
personnel to provide real-time
information on marine mammals
observed in the area as necessary.
Monitoring of marine mammals
around the construction site shall be
conducted using high-quality binoculars
(e.g., Zeiss, 10 x 42 power). Due to the
different sizes of monitoring zones from
different pile types, separate zones and
monitoring protocols corresponding to
each specific pile type will be
established.
For vibratory pile driving of sheet
piles, a total of four land-based PSOs
will monitor the shutdown and Level B
harassment zones. For vibratory pile
driving and pile removal of H piles and
timber piles, a total of three land-based
PSOs will monitor the shutdown and
Level B harassment zones.
amozie on DSK3GDR082PROD with NOTICES1
Reporting Measures
WSDOT is required to submit a draft
monitoring report within 90 days after
completion of the construction work or
the expiration of the IHA, whichever
comes earlier. This report will detail the
monitoring protocol, summarize the
data recorded during monitoring, and
estimate the number of marine
mammals that may have been harassed.
NMFS will have an opportunity to
provide comments on the report, and if
NMFS has comments, WSDOT will
address the comments and submit a
final report to NMFS within 30 days.
Reports shall contain, at minimum, the
following:
• Date and time that monitored
activity begins and ends for each day
conducted (monitoring period);
• Construction activities occurring
during each daily observation period,
including how many and what type of
piles driven;
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19:17 Dec 14, 2018
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• Deviation from initial proposal in
pile numbers, pile types, average
driving times, etc.
• Weather parameters in each
monitoring period (e.g., wind speed,
percent cloud cover, visibility);
• Water conditions in each
monitoring period (e.g., sea state, tide
state);
• For each marine mammal sighting:
Æ Species, numbers, and, if possible,
sex and age class of marine mammals;
Æ Description of any observable
marine mammal behavior patterns,
including bearing and direction of travel
and distance from pile driving activity;
Æ Location and distance from pile
driving activities to marine mammals
and distance from the marine mammals
to the observation point; and
Æ Estimated amount of time that the
animals remained in the Level B
harassment zone;
• Description of implementation of
mitigation measures within each
monitoring period (e.g., shutdown or
delay);
• Other human activity in the area
within each monitoring period; and
• A summary of the following:
Æ Total number of individuals of each
species detected within the Level B
harassment zone;
Æ Total number of individuals of each
species detected within the shutdown
zone and the average amount of time
that they remained in that zone; and
Æ Daily average number of
individuals of each species
(differentiated by month as appropriate)
detected within the Level B harassment
zone.
Negligible Impact Analysis and
Determination
NMFS has defined negligible impact
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
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of takes alone is not enough information
on which to base an impact
determination. In addition to
considering estimates of the number of
marine mammals that might be ‘‘taken’’
through harassment, NMFS considers
other factors, such as the likely nature
of any responses (e.g., intensity,
duration), the context of any responses
(e.g., critical reproductive time or
location, migration), as well as effects
on habitat, and the likely effectiveness
PO 00000
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Fmt 4703
Sfmt 4703
of the mitigation. We also assess the
number, intensity, and context of
estimated takes by evaluating this
information relative to population
status. Consistent with the 1989
preamble for NMFS’s implementing
regulations (54 FR 40338; September 29,
1989), the impacts from other past and
ongoing anthropogenic activities are
incorporated into this analysis via their
impacts on the environmental baseline
(e.g., as reflected in the regulatory status
of the species, population size and
growth rate where known, ongoing
sources of human-caused mortality, or
ambient noise levels).
NMFS has identified key qualitative
and quantitative factors which may be
employed to assess the level of analysis
necessary to conclude whether potential
impacts associated with a specified
activity should be considered negligible.
These include (but are not limited to)
the type and magnitude of taking, the
amount and importance of the available
habitat for the species or stock that is
affected, the duration of the anticipated
effect to the species or stock, and the
status of the species or stock. When an
evaluation of key factors shows that the
anticipated impacts of the specified
activity would clearly result in no
greater than a negligible impact on all
affected species or stocks, additional
evaluation is not required. In this case,
the following factors are in place for all
affected species or stocks:
• No takes by Level A harassment are
anticipated or authorized;
• Takes by Level B harassment
constitute less than 5 percent of the best
available abundance estimates for all
stocks;
• Take would not occur in places
and/or times where take would be more
likely to accrue to impacts on
reproduction or survival, such as within
ESA-designated or proposed critical
habitat, biologically important areas
(BIA), or other habitats critical to
recruitment or survival (e.g., rookery);
• Take would occur over a short
timeframe (less than 30 days of active
pile driving required during the IHA
effective period);
• Take would occur over < 25 percent
of species/stock range; and
• Stock is not known to be declining
or suffering from known contributors to
decline (e.g., unusual mortality event
(UME), oil spill effects).
Based on these factors, and taking into
consideration the implementation of the
prescribed monitoring and mitigation
measures, NMFS finds that the total take
from the planned activity will have a
negligible impact on all affected marine
mammal species or stocks.
E:\FR\FM\17DEN1.SGM
17DEN1
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices
Small Numbers
As noted above, only small numbers
of incidental take may be authorized
under Sections 101(a)(5)(A) and (D) of
the MMPA for specified activities other
than military readiness activities. The
MMPA does not define small numbers
and so, in practice, where estimated
numbers are available, NMFS compares
the number of individuals taken to the
most appropriate estimation of
abundance of the relevant species or
stock in our determination of whether
an authorization is limited to small
numbers of marine mammals.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
NMFS has estimated that take for all
species authorized is less than two
percent of their respective stock
abundance (Table 7). Based on the
analysis contained herein of the
planned activity (including the required
mitigation and monitoring measures)
and the anticipated take of marine
mammals, NMFS finds that small
numbers of marine mammals will be
taken relative to the population size of
the affected species or stocks.
Endangered Species Act (ESA)
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Authorization
NMFS has issued an IHA to WSDOT
for the incidental take of marine
mammals due to in-water construction
work associated with the US 101/
Chehalis River Bridge-Scour Repair
Project for a period of one year,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 11, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–27199 Filed 12–14–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Unmitigable Adverse Impact Analysis
and Determination
National Oceanic and Atmospheric
Administration
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
RIN 0648–XG628
National Environmental Policy Act
amozie on DSK3GDR082PROD with NOTICES1
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
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
Categorical Exclusion B4 (incidental
harassment authorizations with no
anticipated serious injury or mortality)
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
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Jkt 247001
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Railroad
Dock Dolphin Installation Project,
Skagway, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from White Pass & Yukon Route
(WP&YR) for authorization to take
marine mammals incidental to the
Railroad Dock dolphin installation
project in Skagway, Alaska. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS is
also requesting comments on a possible
one-year renewal that could be issued
under certain circumstances and if all
requirements are met, as described in
Request for Public Comments at the end
of this notice. NMFS will consider
SUMMARY:
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Fmt 4703
Sfmt 4703
64541
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than January 16,
2019.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Piniak@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities without change.
All personal identifying information
(e.g., name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Wendy Piniak, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64531-64541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27199]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG454
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to US 101/Chehalis River Bridge-Scour
Repair in Washington State
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that we have issued an incidental harassment authorization (IHA) to
Washington State Department of Transportation (WSDOT) to take small
numbers of marine mammals, by harassment, incidental to US 101/Chehalis
River Bridge-Scour Repair in Washington State.
DATES: This authorization is valid from July 15, 2019, through February
15, 2020.
[[Page 64532]]
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents may be obtained online at: 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 above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other means of effecting the least practicable adverse
impact on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
The National Defense Authorization Act (Pub. L. 108-136) removed
the small numbers and specified geographical region limitations
indicated above and amended the definition of harassment as it applies
to a military readiness activity
Summary of Request
On July 26, 2018, NMFS received a request from WSDOT for an IHA to
take marine mammals incidental to US 101/Chehalis River Bridge-Scour
Repair in the State of Washington. WSDOT's request was for take of
small numbers of harbor seal (Phoca vitulina); California sea lion
(Zalophus californianus); Steller sea lion (Eumetopias jubatus); gray
whale (Eschrichtius robustus); and harbor porpoise (Phocoena phocoena)
by Level B harassment only. This authorization is valid from July 15,
2019, through February 15, 2020. Neither WSDOT nor NMFS expects serious
injury or mortality to result from this activity and, therefore, an IHA
is appropriate.
Description of the Activity
Overview
WSDOT plans to conduct in-water construction work as part of the US
101/Chehalis River Bridge-Scour Repair Project in Washington State
between July 15, 2019 and February 15, 2020. Vibratory pile driving
will be required to remove and install timber piles, steel sheets and
steel H-piles. Sound in the water from vibratory driving may result in
behavioral harassment. NMFS previously issued an IHA to WSDOT to
incidentally take five species of marine mammal by Level B harassment
on October 18, 2017 (82 FR 50628; November 1, 2017). That IHA is valid
from July 1, 2018 through June 30, 2019. However, WSDOT has made minor
changes to the project plan and delayed the work by one year.
Therefore, WSDOT has requested that NMFS re-issue the IHA with the
dates changed to accommodate the analyzed work with minor modifications
to the number of piles driven and removed as well as the number of
animals authorized for take. No work was conducted or is planned to
occur under the original IHA. The purpose of the US 101/Chehalis River
Bridge-Scour Repair Project is to make the bridge foundation stable and
protect the foundation from further scour. Bridge scour is the removal
of sediment such as sand and gravel from around bridge abutments or
piles. Scour, caused by swiftly moving water, can scoop out scour
holes, compromising the integrity of a structure. WSDOT plans to remove
debris from the scour area, fill the scour void under Pier 14 with
cement (to protect the pilings from marine borers), fill the scour
hole, and protect the pier with scour resistant material.
Note that WSDOT has made revisions to the number and types of piles
that would be installed and removed under the proposed 2019 IHA. The
first change is the removal of 44 timber piles (some of which may be
treated with creosote) from the immediate vicinity of the scour repair
project. Additionally, 18 sheet piles will be temporarily installed
adjacent to Pier 14, instead of the 44 sheet piles originally proposed.
A detailed description of the planned WSDOT project is provided in the
Federal Register notice for the proposed IHA (83 FR 53033; October 19,
2018). Since that time, no changes have been made to the planned WSDOT
construction activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specific activity.
Dates and Duration
Due to NMFS and the U.S. Fish and Wildlife Service (USFWS) in-water
work timing restrictions to protect Endangered Species Act (ESA)-listed
salmonids, planned WSDOT in-water construction is limited each year to
July 15 through February 15. For this project, in-water construction is
planned to take place between July 15, 2019 and September 30, 2019. The
IHA is effective from July 15, 2019 to February 15, 2020. The estimated
number of piles and maximum time period for pile installation and
removal is 37 hours over 6 days as shown in Table 1.
Table 1--Pile Removal Mitigation and Scour Repair Pile Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duration (11-
Method Pile type Number of Minutes per Total minutes Duration Piles per day hour work
piles pile (hours) days)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Removal................. 14-inch diameter 44 30 1320 22 22 2
timber.
Vibratory Driving................. Sheet............... 18 30 540 9 9 2
Vibratory Driving................. H pile.............. 6 30 180 3 6 1
Vibratory Removal................. H pile.............. 6 30 180 3 6 1
-----------------------------------------------------------------------------------------------
Total......................... .................... .............. .............. 2220 37 .............. 6.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64533]]
Comments and Responses
A notice of NMFS's proposal to issue an IHA to WSDOT was published
in the Federal Register on October 19, 2018 (83 FR 53033). That notice
described, in detail, WSDOT's planned activity, the marine mammal
species that may be affected by the activity, and the anticipated
effects on marine mammals. During the 30-day public comment period,
NMFS received comments from the Marine Mammal Commission (Commission).
Please see the letter, available online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities, for full details of the
Commission's recommendations. The Commission recommended that NMFS
issue the IHA, subject to inclusion of the proposed mitigation,
monitoring, and reporting measures.
Comment 1: The Commission expressed concern that the renewal
process proposed in the Federal Register notice is inconsistent with
the statutory requirements. The Commission recommended that NMFS
refrain from implementing its proposed renewal process and instead use
abbreviated Federal Register notices and reference existing documents
to streamline the incidental harassment authorization process. The
Commission further recommended that if NMFS did not pursue a more
general route, NMFS should provide the Commission and the public with a
legal analysis supporting its conclusion that the process is consistent
with the requirements under section 101(a)(5)(D) of the MMPA.
Response 1: The notice of the proposed IHA expressly notifies the
public that under certain, limited conditions an applicant could seek a
renewal IHA for an additional year. The notice describes the conditions
under which such a renewal request could be considered and expressly
seeks public comment in the event such a renewal is sought. Additional
reference to this solicitation of public comment has recently been
added at the beginning of Federal Register notices that consider
renewals. NMFS appreciates the streamlining achieved by the use of
abbreviated Federal Register notices and intends to continue using them
for proposed IHAs that include minor changes from previously issued
IHAs, but which do not satisfy the renewal requirements. However, we
believe our proposed method for issuing renewals meets statutory
requirements and maximizes efficiency. Importantly, such renewals would
be limited to where the activities are identical or nearly identical to
those analyzed in the proposed IHA, monitoring does not indicate
impacts that were not previously analyzed and authorized, and the
mitigation and monitoring requirements remain the same, all of which
allow the public to comment on the appropriateness and effects of a
renewal at the same time the public provides comments on the initial
IHA. NMFS has, however, modified the language for future proposed IHAs
to clarify that all IHAs, including renewal IHAs, are valid for no more
than one year and that the agency would consider only one renewal for a
project at this time. In addition, notice of issuance or denial of a
renewal IHA would be published in the Federal Register, as are all
IHAs. Last, NMFS will publish on our website a description of the
renewal process before any renewal is issued utilizing the new process.
Description of Marine Mammals in the Area of Specified Activities
A detailed description of the species likely to be affected by
WSDOT's project, including brief introductions to the species and
relevant stocks as well as available information regarding population
trends and threats, and information regarding local occurrence, were
provided in the Federal Register notice for the proposed IHA (83 FR
53033; October 19, 2018); since that time, we are not aware of any
changes in the status of these species and stocks; therefore, detailed
descriptions are not provided here. Please refer to that Federal
Register notice for these descriptions. Please also refer to NMFS'
website (https://www.fisheries.noaa.gov/find-species) for generalized
species accounts.
Table 2 lists all species with expected potential for occurrence in
the project location and summarizes information related to the
population or stock, including regulatory status under the MMPA and ESA
and potential biological removal (PBR), where known. For taxonomy, we
follow Committee on Taxonomy (2017). PBR is defined by the MMPA as the
maximum number of animals, not including natural mortalities, that may
be removed from a marine mammal stock while allowing that stock to
reach or maintain its optimum sustainable population (as described in
NMFS's SARs). While no mortality is anticipated or authorized here, PBR
and annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species and
other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS's stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS's U.S. 2017 SARs (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and draft U.S. 2018
SARS (https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports). All values presented in
Table 2 are the most recent available at the time of publication.
Table 2--Marine Mammals With Potential Presence Within the Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock Strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae
Gray whale...................... Eschrichtius robustus.. Eastern North Pacific.. N 20,990 (0.05, 20,125, 624 132
2011).
Family Phocoenidae (porpoises)
Harbor porpoise................. Phocoena phocoena...... Northern Oregon/ N 21,487 (0.44, 15,123, 151 >=3.0
Washington Coast. 2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64534]]
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions)
California sea lion............. Zalophus californianus. U.S.................... N 296,750 (n/a, 153,337, 9,200 389
2011).
Steller sea lion................ Eumetopias jubatus..... Eastern U.S............ N 41,638 (n/a, 41,638, 2,498 108
2015) \4\.
Family Phocidae (earless seals)
Harbor seal..................... Phoca vitulina......... Oregon/Washington Coast N Unk \5\............... undet 10.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases a CV is not applicable For certain stocks
of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from
knowledge of the species' (or similar species') life history to arrive at a best abundance estimate; therefore, there is no associated CV.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ Best estimate of pup and non-pup counts, which have not been corrected to account for animals at sea during abundance surveys.
\5\ Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here.
All species that could potentially occur in the survey areas are
included in Table 2.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from vibratory pile driving and
removal activities for the planned River Bridge-Scour repair project
have the potential to result in behavioral harassment of marine mammals
in the vicinity of the action area. The Federal Register notice for the
proposed IHA (83 FR 53033; October 19, 2018) included a discussion of
the effects of anthropogenic noise on marine mammals and their habitat,
therefore that information is not repeated here; please refer to the
Federal Register notice (83 FR 53033; October 19, 2018) for that
information.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform both NMFS' consideration
of ``small numbers'' and the negligible impact determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of 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).
Authorized takes would be by Level B harassment only, in the form
of disruption of behavioral patterns for individual marine mammals
resulting from exposure to vibratory driving. Based on the nature of
the activity and the anticipated effectiveness of the mitigation
measures (i.e., shutdown, establishment and monitoring of harassment
zones) discussed in detail below in the Mitigation section), Level A
harassment is neither anticipated nor authorized.
As described previously, no mortality is anticipated or authorized
for this activity. Below we describe how the take is estimated.
Generally speaking, we estimate take by considering: (1) Acoustic
thresholds above which NMFS believes the best available science
indicates marine mammals will be behaviorally harassed or incur some
degree of permanent hearing impairment; (2) the area or volume of water
that will be ensonified above these levels in a day; (3) the density or
occurrence of marine mammals within these ensonified areas; and, (4)
and the number of days of activities. We note that while these basic
factors can contribute to a basic calculation to provide an initial
prediction of takes, additional information that can qualitatively
inform take estimates is also sometimes available (e.g., previous
monitoring results or average group size). Below, we describe the
factors considered here in more detail and present the authorized take
estimate.
Acoustic Thresholds
Using the best available science, NMFS has developed acoustic
thresholds that identify the received level of underwater sound above
which exposed marine mammals would be reasonably expected to be
behaviorally harassed (equated to Level B harassment) or to incur
permanent threshold shift (PTS) (equated to Level A harassment).
Level B Harassment for non-explosive sources--Though significantly
driven by received level, the onset of behavioral disturbance from
anthropogenic noise exposure is also informed to varying degrees by
other factors related to the source (e.g., frequency, predictability,
duty cycle), the environment (e.g., bathymetry), and the receiving
animals (hearing, motivation, experience, demography, behavioral
context) and can be difficult to predict (Southall et al., 2007,
Ellison et al., 2012). Based on what the available science indicates
and the practical need to use a threshold based on a factor that is
both predictable and measurable for most activities, NMFS uses a
generalized acoustic threshold based on received level to estimate the
onset of behavioral harassment. NMFS predicts that marine mammals are
likely to be behaviorally harassed in a manner we consider Level B
harassment when exposed to underwater anthropogenic noise above
received levels of 120 decibel (dB) re 1 micro pascal ([mu]Pa) root
means square (rms) for continuous (e.g., vibratory pile-driving,
drilling) sources such as those used here.
[[Page 64535]]
WSDOT's planned activity includes the use of continuous (vibratory
driving and removal and, therefore, the 120 dB re 1 [mu]Pa (rms) is
applicable.
Level A harassment for non-explosive sources--NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (Version 2.0) (NMFS, 2018) identifies dual criteria to
assess auditory injury (Level A harassment) to five different marine
mammal groups (based on hearing sensitivity) as a result of exposure to
noise from two different types of sources (impulsive or non-impulsive).
WSDOT's planned activity includes the use non-impulsive (vibratory
driving) sources.
These thresholds are provided in Table 3 below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS 2018 Technical Guidance, which may be accessed at:
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
[GRAPHIC] [TIFF OMITTED] TN17DE18.053
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that will feed into identifying the area ensonified above the
acoustic thresholds, which include source levels and transmission loss
coefficient.
Reference sound source levels used by WSDOT vibratory piling
driving and removal activities were derived from several sources. WSDOT
utilized in-water measurements generated by the Greenbusch Group (2018)
from the WDOT Seattle Pier 62 project (83 FR 39709) to establish proxy
sound source levels for vibratory removal of 14-inch timber piles. The
results determined unweighted rms ranging from 140 dB to 169 dB. WSDOT
used the 75th percentile of these values (161 dB rms measured at 10
meters) as a proxy for vibratory removal of 14-inch timber piles at the
Chehalis River Bridge.
[[Page 64536]]
However, NMFS reviewed the report by the Greenbusch Group (2018) and
determined that the findings were derived by pooling together all steel
pile and timber pile at various distance measurements data together.
The data was not normalized to the standard 10 m distance. NMFS
analyzed source measurements at different distances for all 63
individual timber piles that were removed and normalized the values to
10 m. The results showed that the median is 152 dB SPLrms. This value
was used as the source level for vibratory removal of 14-inch timber
piles.
The planned project includes vibratory driving of 18 sheet piles as
well as vibratory driving and removal of six steel H piles. Based on
in-water measurements at the Elliot Bay Seawall Project, vibratory pile
driving of steel sheet piles generated a source level of 165 dB rms
measured at 10 m (Greenbush Group 2015). According to CalTrans (2015),
150 dB rms at 10 m is a typical source level for vibratory driving and
removal of steel H piles.
Level B Harassment Zones
The practical spreading model was used by WSDOT to establish the
Level B harassment zones for all vibratory pile installation and
removal activities. Practical spreading is described in full detail
below.
Pile driving generates underwater noise that can potentially result
in disturbance to marine mammals in the project area. Transmission loss
(TL) is the decrease in acoustic intensity as an acoustic pressure wave
propagates out from a source. TL parameters vary with frequency,
temperature, sea conditions, current, source and receiver depth, water
depth, water chemistry, and bottom composition and topography. The
general formula for underwater TL is:
TL = B * log10 (R1/R2),
Where:
R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement.
This formula neglects loss due to scattering and absorption, which
is assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. Spherical spreading occurs in a perfectly unobstructed
(free-field) environment not limited by depth or water surface,
resulting in a 6 dB reduction in sound level for each doubling of
distance from the source (20 * log[range]). Cylindrical spreading
occurs in an environment in which sound propagation is bounded by the
water surface and sea bottom, resulting in a reduction of 3 dB in sound
level for each doubling of distance from the source (10 * log[range]).
A practical spreading value of 15 is often used under conditions where
water increases with depth as the receiver moves away from the
shoreline, resulting in an expected propagation environment that would
lie between spherical and cylindrical spreading loss conditions.
Utilizing the practical spreading loss model, WSDOT determined the
distance and area where the noise will fall below the behavioral
effects threshold of 120 dB rms. The distances and areas are shown in
Table 4. Note that the ensonified area is based on a GIS analysis of
the area accounting for structures and landmasses which would block
underwater sound transmission.
Table 4--Level B Harassment Ensonified Area
------------------------------------------------------------------------
Level B
harassment
Pile type zone isopleth Area (km \2\)
(meters)
------------------------------------------------------------------------
14-inch timber vibratory removal........ 1,359 0.93
Steel sheet vibratory driving........... 10,000 2.04
Steel H-pile vibratory driving and 1,000 0.67
removal................................
------------------------------------------------------------------------
Level A Harassment Zones
When the NMFS Technical Guidance (2016) was published, in
recognition of the fact that ensonified area/volume could be more
technically challenging to predict because of the duration component in
the new thresholds, we developed a User Spreadsheet that includes tools
to help predict a simple isopleth that can be used in conjunction with
marine mammal density or occurrence to help predict takes. We note that
because of some of the assumptions included in the methods used for
these tools, we anticipate that isopleths produced are typically going
to be overestimates of some degree. However, these tools offer the best
way to predict appropriate isopleths when more sophisticated 3D
modeling methods are not available, and NMFS continues to develop ways
to quantitatively refine these tools, and will qualitatively address
the output where appropriate. For stationary sources such as vibratory
driving, NMFS User Spreadsheet predicts the closest distance at which,
if a marine mammal remained at that distance the whole duration of the
activity, it would not incur PTS. User Spreadsheet inputs are shown in
Table 5 and outputs are shown in Table 6. Note that since no Level A
harassment take is authorized, the areas of the Level A harassment
zones were not calculated.
Table 5--Parameters of Pile Driving Activity
----------------------------------------------------------------------------------------------------------------
14-inch timber Sheet H-Pile
----------------------------------------------------------------------------------------------------------------
USER SPREADSHEET INPUT
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used................. A.1) Vibratory driving. A.1) Vibratory driving. A.1) Vibratory driving.
Source Level (rms SPL)............... 152.................... 165.................... 150.
Weighting Factor Adjustment (kHz).... 2.5.................... 2.5.................... 2.5.
Number of piles in 24-h period....... 22..................... 9...................... 6.
Duration to drive a single pile 30..................... 30..................... 30.
(minutes).
Propagation (xLogR).................. 15..................... 15..................... 15.
[[Page 64537]]
Distance of source level measurement 10..................... 10..................... 10.
(meters).
----------------------------------------------------------------------------------------------------------------
Table 6--Level A Harassment Zone Isopleths
----------------------------------------------------------------------------------------------------------------
PTS Isopleth (meters)
----------------------------------------------------------------------------------------------------------------
High-
Source type Low-frequency Mid-frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
USER SPREADSHEET OUTPUT
----------------------------------------------------------------------------------------------------------------
14-inch timber.................. 8.5 0.8 12.5 5.2 0.4
Sheet pile...................... 34.4 3 50.9 20.9 1.5
H-pile.......................... 2.6 0.2 3.9 1.6 0.1
----------------------------------------------------------------------------------------------------------------
Marine Mammal Occurrence
In this section we provide the information about the presence,
density, or group dynamics of marine mammals that will inform the take
calculations.
There is little abundance or density data available for marine
mammal species that are likely to occur within Grays Harbor and which
could potentially be found in the Chehalis River near the project site.
In most cases, WSDOT relied on density data from the U.S. Navy Marine
Species Density Database (NMSDD) (U.S. Navy 2015). NMFS concurs that
this, and the exceptions described below, represent the best available
data for use here.
Harbor Seal
While the NMSDD (U.S. Navy 2015) estimates the density of harbor
seals in the waters offshore of Grays Harbor as 0.279 animals per
square kilometer, WSDOT relied on a study which identified 44 harbor
seal haul-outs in Grays Harbor and provided very rough estimates of the
number of seals at each site. Twenty-seven haul-outs had less than 100
animals; 16 haul-outs had 100-500 animals; and 2 haul outs were
reported to support over 500 animals (Jeffries et al. 2000). These data
likely represent the best estimate of harbor seal numbers in Grays
Harbor. Using median numbers of each haul-out estimate range resulted
in an estimated 7,150 harbor seals in Grays Harbor. The area of the
estuary during mean higher high water (243 km\2\) was used to derive a
density estimate of 29.4 harbor seals per square kilometer.
California Sea Lion
Only 10 California sea lion strandings have been documented between
2006 and 2015 (NMFS 2016c), and no haul-outs have been identified.
Therefore, it is expected that the density of California sea lions in
Grays Harbor is low. The NMSDD (U.S. Navy 2015) estimates the density
of California sea lions in the waters offshore of Grays Harbor as
ranging from 0.020 to 0.033 animals per square kilometer in summer and
fall. The higher estimate is used as a surrogate for Grays Harbor.
Steller Sea Lion
According to the NMFS National Stranding Database, there were four
confirmed Steller sea lion strandings in Grays Harbor between 2006 and
2015 (NMFS 2016c) and no haul-outs have been identified in Grays
Harbor. The NMSDD (U.S. Navy 2015) estimates the density of Steller sea
lions in the waters offshore of Grays Harbor as 0.0145 animals per
square kilometer. This estimate is used as a surrogate for Grays
Harbor.
Gray Whale
Between 1998 and 2010, gray whale numbers peaked in spring and fall
in a study area that included waters inside Grays Harbor and coastal
waters along the south Washington coast (Calambokidis, et al. 2012).
However, no density estimates are available for Grays Harbor. The NMSDD
(U.S. Navy 2015) estimates the density of gray whales in nearshore
waters near Grays Harbor as 0.00045 animal per square kilometer in
summer and fall. This density is used for Grays Harbor.
Harbor Porpoise
The NMSDD (U.S. Navy 2015) estimates the density of harbor
porpoises in the waters offshore of Grays Harbor as a range between
0.69 and 1.67 animals per square kilometer. According to Evenson et al.
(2016), the maximum harbor porpoise density in the Strait of Juan de
Fuca (approximately 105 miles north of Grays Harbor) in 2014 was 0.768
animals per square kilometer. The higher density estimate for waters
offshore of Grays Harbor (1.67) is used to estimate take.
Take Calculation and Estimation
Here we describe how the information provided above is brought
together to produce a quantitative take estimate.
No Level A harassment take is likely because of the small injury
zones and relatively low average animal density in the area. Since the
largest Level A harassment distance is only 50.9 m from the source for
high-frequency cetaceans (harbor porpoise), NMFS considers that WSDOT
can effectively monitor such small zones to implement shutdown measures
and avoid Level A harassment takes. Therefore, no Level A harassment
take of marine mammal is authorized.
NMFS used an estimated harbor seal density of 29.4 animals/km\2\ in
the US 101/Chehalis River Bridge-Scour Repair Project area to estimate
the following number of Level B harassment exposures that may occur:
14-inch timber pile removal: 29.4. animals/km\2\ * 0.93 km\2\
* 2 days = 54.68
Sheet pile installation: 29.4 animals/km\2\ * 2.04 km\2\ * 2
days = 119.95
H-pile installation and removal: 29.4 animals/km\2\ * 0.67
km\2\ * 2 days = 39.39
Based on the sum of the equations above, NMFS authorizes 214 takes
of harbor seals by Level B harassment.
NMFS inserted the California sea lion density of 0.033 animals/
km\2\ into the same equation used above for harbor seals to estimate
Level B harassment exposures. Based on the sum of the equations, an
estimated 0.24 California sea lions would be taken by Level B
harassment. Due to this low value, NMFS conservatively authorizes the
take of two California sea lions each day of in-water activities,
resulting in 12 takes by Level B harassment.
[[Page 64538]]
NMFS estimated take of Steller sea lions by inserting a density of
0.0145 animals/km\2\ into the same equation used above for harbor seals
resulting in 0.10 takes of sea lions. Given the low value, NMFS
conservatively authorizes the take of two Steller sea lions during each
day of in-water activities, resulting in 12 takes by Level B
harassment.
NMFS used the same equation that was used for harbor seals to
estimate take for gray whales by inserting a density value of 0.00045
animals/km\2\. Since this resulted in a value less than one, NMFS
authorizes Level B harassment take of two gray whales per day based on
average group size.
For the proposed IHA, a density value of 1.67 animal/km\2\ for
harbor porpoises was plugged into the harbor seal equation to arrive at
an estimated 2 harbor porpoise takes per day for a total of 12.
Table 7 shows total number of authorized Level B harassment takes
and take as a percentage of population for each of the species.
Table 7--Take Estimates as a Percentage of Stock Abundance
------------------------------------------------------------------------
Authorized
Species take by Level % population
B harassment
------------------------------------------------------------------------
Harbor seal............................. 214 1.9
California sea lion..................... 12 <0.01
Steller sea lion........................ 12 <0.01
Gray whale.............................. 2 <0.01
Harbor porpoise......................... 12 <0.01
------------------------------------------------------------------------
Mitigation Measures
In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable impact on
such species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned) the likelihood of effective implementation (probability
implemented as planned), and;
(2) the practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
Mitigation for Marine Mammals and Their Habitat
Temporal and Seasonal Restrictions--Timing restrictions would be
used to avoid in-water work when ESA-listed salmonids are most likely
to be present. The combined work window for in-water work for the U.S.
101/Chehalis River Bridge-Scour Project is July 15 through February 15.
Furthermore, work may only occur during daylight hours, when visual
monitoring of marine mammals can be effectively conducted.
Establishment of Shutdown Zone--For all pile driving activities,
WSDOT 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 sound pressure levels (SPLs) equal or exceed
acoustic injury criteria for authorized species. If a marine mammal is
observed at or within the shutdown zone, work must shut down (stop
work) until the individual has been observed outside of the zone, or
has not been observed for at least 15 minutes for all marine mammals. A
determination that the shutdown zone is clear must be made during a
period of good visibility (i.e., the entire shutdown zone and
surrounding waters must be visible to the naked eye). If a marine
mammal approaches or enters the shutdown zone during activities or pre-
activity monitoring, all pile driving and removal activities at that
location must be halted or delayed, respectively. If pile driving or
removal is halted or delayed due to the presence of a marine mammal,
the activity may not resume or commence until either the animal has
voluntarily left and been visually confirmed beyond the shutdown zone
or 15 minutes have passed without re-detection of the animal. Pile
driving and removal activities include the time to install or remove a
single pile or series of piles, as long as the time elapsed between
uses of the pile driving equipment is no more than thirty minutes.
Shutdown zone sizes are shown in Table 8. Note that NMFS has increased
the shutdown zone described in the Federal Register notice for proposed
IHA for high-frequency cetaceans from 50 m to 55 m as well as the
shutdown zone for phocid pinnipeds from 20 m to 25 m during sheet pile
installation. In this notice of issuance, NMFS has elected to round up
to these higher values instead of rounding down as was done in the
proposed notice.
[[Page 64539]]
Table 8--Shutdown Zones for Various Pile Driving Activities and Marine Mammal Hearing Groups (Meters)
----------------------------------------------------------------------------------------------------------------
High-
Source type Low-frequency frequency Phocid Otariid
cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
14-inch timber removal.......................... 10 15 10 10
Sheet pile installation......................... 35 55 25 10
H-pile installation and removal................. 10 10 10 10
----------------------------------------------------------------------------------------------------------------
For in-water heavy machinery activities other than pile driving, if
a marine mammal comes within 10 m, operations must cease and vessels
must reduce speed to the minimum level required to maintain steerage
and safe working conditions. WSDOT must also implement shutdown
measures if the cumulative total number of individuals observed within
the Level B harassment monitoring zones for any particular species
reaches the number authorized under the IHA and if such marine mammals
are sighted within the vicinity of the project area and are approaching
the Level B Harassment/Monitoring Zone during in-water construction
activities.
Establishment of Level B Harassment/Monitoring Zones--WSDOT must
identify and establish Level B harassment zones which are areas where
SPLs equal or exceed 120 dB rms. 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. Monitoring zones are also
used to document instances of Level B harassment. Monitoring zone
isopleths are shown in Table 4.
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 shall observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone shall be
cleared when a marine mammal has not been observed within the zone for
that 30-minute period. When a marine mammal permitted for Level B
harassment take is present in the Level B harassment zone, piling
activities may begin and Level B harassment take shall be recorded. As
stated above, if the entire Level B harassment zone is not visible at
the start of construction, piling driving activities can begin. If work
ceases for more than 30 minutes, the pre-activity monitoring of both
the Level B harassment and shutdown zone shall commence.
Non-Authorized Take Prohibited--If a species enters or approaches
the Level B harassment zone and that species is not authorized for take
or a species for which authorization has been granted but the
authorized takes have been met, pile driving and removal activities
must shut down immediately. Activities must not resume until the animal
has been confirmed to have left the area or an observation time period
of 15 minutes has elapsed.
Based on our evaluation of the applicant's mitigation measures,
NMFS has determined that the required mitigation measures provide the
means effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance
Monitoring and Reporting
In order to issue an IHA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth, requirements pertaining to
the monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present in the
action area. Effective reporting is critical both to compliance as well
as ensuring that the most value is obtained from the required
monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
Visual Monitoring
WSDOT shall employ NMFS-approved protected species observers (PSOs)
to conduct marine mammal monitoring for its US 101/Chehalis River
Bridge-Scour Repair Project. The purposes of marine mammal monitoring
are to implement mitigation measures and learn more about impacts to
marine mammals from WSDOT's construction activities. The PSOs will
observe and collect data on marine mammals in and around the project
area for 30 minutes before, during, and for 30 minutes after all pile
removal and pile installation work. NMFS-approved PSOs shall meet the
following requirements:
1. Independent observers (i.e., not construction personnel) are
required;
2. At least one observer must have prior experience working as an
observer;
3. Other observers may substitute education (undergraduate degree
in biological science or related field) or training for experience;
4. Where a team of three or more observers are required, one
observer should be designated as lead observer or monitoring
coordinator. The lead observer must have prior experience working as an
observer; and
5. NMFS will require submission and approval of observer CVs;
WSDOT must ensure that observers have the following additional
qualifications:
[[Page 64540]]
1. Ability to conduct field observations and collect data according
to assigned protocols;
2. Experience or training in the field identification of marine
mammals, including the identification of behaviors;
3. Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
4. Writing skills sufficient to prepare a report of observations
including but not limited to the number and species of marine mammals
observed; dates and times when in-water construction activities were
conducted; dates, times, and reason for implementation of mitigation
(or why mitigation was not implemented when required); and marine
mammal behavior; and
5. Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Due to the different sizes of monitoring zones from different pile
types, separate zones and monitoring protocols corresponding to each
specific pile type will be established.
For vibratory pile driving of sheet piles, a total of four land-
based PSOs will monitor the shutdown and Level B harassment zones. For
vibratory pile driving and pile removal of H piles and timber piles, a
total of three land-based PSOs will monitor the shutdown and Level B
harassment zones.
Reporting Measures
WSDOT is required to submit a draft monitoring report within 90
days after completion of the construction work or the expiration of the
IHA, whichever comes earlier. This report will detail the monitoring
protocol, summarize the data recorded during monitoring, and estimate
the number of marine mammals that may have been harassed. NMFS will
have an opportunity to provide comments on the report, and if NMFS has
comments, WSDOT will address the comments and submit a final report to
NMFS within 30 days. Reports shall contain, at minimum, the following:
Date and time that monitored activity begins and ends for
each day conducted (monitoring period);
Construction activities occurring during each daily
observation period, including how many and what type of piles driven;
Deviation from initial proposal in pile numbers, pile
types, average driving times, etc.
Weather parameters in each monitoring period (e.g., wind
speed, percent cloud cover, visibility);
Water conditions in each monitoring period (e.g., sea
state, tide state);
For each marine mammal sighting:
[cir] Species, numbers, and, if possible, sex and age class of
marine mammals;
[cir] Description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity;
[cir] Location and distance from pile driving activities to marine
mammals and distance from the marine mammals to the observation point;
and
[cir] Estimated amount of time that the animals remained in the
Level B harassment zone;
Description of implementation of mitigation measures
within each monitoring period (e.g., shutdown or delay);
Other human activity in the area within each monitoring
period; and
A summary of the following:
[cir] Total number of individuals of each species detected within
the Level B harassment zone;
[cir] Total number of individuals of each species detected within
the shutdown zone and the average amount of time that they remained in
that zone; and
[cir] Daily average number of individuals of each species
(differentiated by month as appropriate) detected within the Level B
harassment zone.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact 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 (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29, 1989), the impacts from other
past and ongoing anthropogenic activities are incorporated into this
analysis via their impacts on the environmental baseline (e.g., as
reflected in the regulatory status of the species, population size and
growth rate where known, ongoing sources of human-caused mortality, or
ambient noise levels).
NMFS has identified key qualitative and quantitative factors which
may be employed to assess the level of analysis necessary to conclude
whether potential impacts associated with a specified activity should
be considered negligible. These include (but are not limited to) the
type and magnitude of taking, the amount and importance of the
available habitat for the species or stock that is affected, the
duration of the anticipated effect to the species or stock, and the
status of the species or stock. When an evaluation of key factors shows
that the anticipated impacts of the specified activity would clearly
result in no greater than a negligible impact on all affected species
or stocks, additional evaluation is not required. In this case, the
following factors are in place for all affected species or stocks:
No takes by Level A harassment are anticipated or
authorized;
Takes by Level B harassment constitute less than 5 percent
of the best available abundance estimates for all stocks;
Take would not occur in places and/or times where take
would be more likely to accrue to impacts on reproduction or survival,
such as within ESA-designated or proposed critical habitat,
biologically important areas (BIA), or other habitats critical to
recruitment or survival (e.g., rookery);
Take would occur over a short timeframe (less than 30 days
of active pile driving required during the IHA effective period);
Take would occur over < 25 percent of species/stock range;
and
Stock is not known to be declining or suffering from known
contributors to decline (e.g., unusual mortality event (UME), oil spill
effects).
Based on these factors, and taking into consideration the
implementation of the prescribed monitoring and mitigation measures,
NMFS finds that the total take from the planned activity will have a
negligible impact on all affected marine mammal species or stocks.
[[Page 64541]]
Small Numbers
As noted above, only small numbers of incidental take may be
authorized under Sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. Additionally, other qualitative
factors may be considered in the analysis, such as the temporal or
spatial scale of the activities.
NMFS has estimated that take for all species authorized is less
than two percent of their respective stock abundance (Table 7). Based
on the analysis contained herein of the planned activity (including the
required mitigation and monitoring measures) and the anticipated take
of marine mammals, NMFS finds that small numbers of marine mammals will
be taken relative to the population size of the affected species or
stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
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 Categorical Exclusion B4 (incidental harassment authorizations with
no anticipated serious injury or mortality) 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 determined that the issuance of the
IHA qualifies to be categorically excluded from further NEPA review.
Endangered Species Act (ESA)
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Authorization
NMFS has issued an IHA to WSDOT for the incidental take of marine
mammals due to in-water construction work associated with the US 101/
Chehalis River Bridge-Scour Repair Project for a period of one year,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 11, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-27199 Filed 12-14-18; 8:45 am]
BILLING CODE 3510-22-P
