Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the South Basin Improvements Project at the San Francisco Ferry Terminal, 20336-20342 [2019-09520]
Download as PDF
<![CDATA[
20336
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
currently active incidental harassment
authorization (IHA) to take marine
mammals incidental to the Downtown
San Francisco Ferry Terminal
Expansion Project in San Francisco,
California. These activities consist of
activities that are covered by the current
authorization but will not be completed
prior to its expiration. Pursuant to the
Marine Mammal Protection Act
(MMPA), prior to issuing the currently
active IHA, NMFS requested comments
on both the proposed IHA and the
potential for renewing the initial
authorization if certain requirements
were satisfied. The Renewal
requirements have been satisfied, and
NMFS is now providing an additional
15-day comment period to allow for any
additional comments on the proposed
Renewal not previously provided during
the initial 30-day comment period.
DATES: Comments and information must
be received no later than May 24, 2019.
ADDRESSES: Comments should be
Special Accommodations
addressed to Jolie Harrison, Chief,
The meeting is physically accessible
Permits and Conservation Division,
to people with disabilities. Requests for
Office of Protected Resources, National
sign language interpretation or other
Marine Fisheries Service. Physical
auxiliary aids should be directed to the
comments should be sent to 1315 EastCouncil office (see ADDRESSES) at least 5 West Highway, Silver Spring, MD 20910
business days prior to each workshop.
and electronic comments should be sent
Note: The times and sequence
to ITP.Carduner@noaa.gov.
specified in this agenda are subject to
Instructions: NMFS is not responsible
change.
for comments sent by any other method,
to any other address or individual, or
Authority: 16 U.S.C. 1801 et seq.
received after the end of the comment
Dated: May 6, 2019.
period. Comments received
Tracey L. Thompson,
electronically, including all
Acting Deputy Director, Office of Sustainable
attachments, must not exceed a 25Fisheries, National Marine Fisheries Service.
megabyte file size. Attachments to
[FR Doc. 2019–09592 Filed 5–8–19; 8:45 am]
electronic comments will be accepted in
BILLING CODE 3510–22–P
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
DEPARTMENT OF COMMERCE
and will generally be posted online at
www.fisheries.noaa.gov/permit/
National Oceanic and Atmospheric
incidental-take-authorizations-underAdministration
marine-mammal-protection-act without
RIN 0648–XG888
change. All personal identifying
information (e.g., name, address)
Takes of Marine Mammals Incidental to voluntarily submitted by the commenter
Specified Activities; Taking Marine
may be publicly accessible. Do not
Mammals Incidental to the South Basin submit confidential business
Improvements Project at the San
information or otherwise sensitive or
Francisco Ferry Terminal
protected information.
FOR FURTHER INFORMATION CONTACT:
AGENCY: National Marine Fisheries
Jordan Carduner, Office of Protected
Service (NMFS), National Oceanic and
Resources, NMFS, (301) 427–8401.
Atmospheric Administration (NOAA),
Electronic copies of the original
Commerce.
application, Renewal request, and
ACTION: Notice; incidental harassment
supporting documents (including NMFS
authorization; request for comments on
Federal Register notices of the original
proposed Renewal.
proposed and final authorizations, and
SUMMARY: NMFS received a request from the previous IHA), as well as a list of the
references cited in this document, may
the San Francisco Bay Area Water
be obtained online at:
Emergency Transportation Authority
www.fisheries.noaa.gov/permit/
(WETA) for the Renewal of their
jbell on DSK3GLQ082PROD with NOTICES
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
The items of discussion during the
data webinar are as follows:
Panelists will review the data sets
being considered for the assessment.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
incidental-take-authorizations-undermarine-mammal-protection-act. 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 is
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 here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a oneyear IHA Renewal when (1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned or (2) the activities
would not be completed by the time the
IHA expires and a second IHA would
allow for completion of the activities
E:\FR\FM\09MYN1.SGM
09MYN1
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
beyond that described in the Dates and
Duration section of the initial IHA. All
of the following conditions must be met
in order to issue a Renewal:
• A request for Renewal is received
no later than 60 days prior to expiration
of the current IHA;
• The request for Renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements; and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
• Upon review of the request for
Renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the initial findings remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
Renewal. A description of the Renewal
process may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
Any comments received on the potential
Renewal, along with relevant comments
on the initial IHA, have been considered
in the development of this proposed
IHA Renewal, and a summary of agency
responses to applicable comments is
included in this notice. NMFS will
consider any additional public
comments prior to making any final
decision on the issuance of the
requested Renewal, and agency
responses will be summarized in the
final notice of our decision.
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
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
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 preliminarily determined
that the issuance of the IHA Renewal
qualifies to be categorically excluded
from further NEPA review. We will
review all comments submitted in
response to this notice prior to
concluding our NEPA process or making
a final decision on the IHA request.
History of Request
On May 31, 2018, NMFS issued an
IHA to WETA to take marine mammals
incidental to pile driving activities
associated with the Downtown San
Francisco Ferry Terminal Expansion
Project, South Basin Improvements
Project in San Francisco, California,
effective from June 1, 2018, through
May 30, 2019 (83 FR 28826; June 21,
2018). On March 5, 2019, NMFS
received an application for the Renewal
of that IHA. As described in the
application for Renewal, the activities
authorized in the initial IHA would not
be completed by the time that IHA
expires and a second IHA would allow
for completion of the activities beyond
that described in the Dates and Duration
section of the initial IHA. As required,
the applicant also provided a
preliminary monitoring report (available
at www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0) which confirms that
the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted.
Description of the Specified Activities
and Anticipated Impacts
WETA proposes to continue to
expand the berthing capacity at the
Downtown San Francisco Ferry
Terminal, located at the San Francisco
Ferry Building, to support existing and
future planned water transit services
operated on San Francisco Bay by
WETA and WETA’s emergency
operations. The Downtown San
Francisco Ferry Terminal Expansion
Project includes the construction of
three new water transit gates and
overwater berthing facilities, in addition
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
20337
to supportive landside improvements,
such as additional passenger waiting
and queueing areas, circulation
improvements, and other water transitrelated amenities. The new gates and
other improvements would be designed
to accommodate future planned water
transit services between Downtown San
Francisco and Antioch, Berkeley,
Martinez, Hercules, Redwood City,
Richmond, and Treasure Island, as well
as emergency operation needs. All piles
would be driven during the authorized
in-water work window of June 1 to
November 30, 2019.
The specified activities described for
this renewal are an identical subset of
the activities covered by the initial 2018
IHA. NMFS previously published
notices of proposed IHA (83 FR 18507;
April 27, 2018) and issued IHA (83 FR
28826; June 21, 2018). These
documents, as well as WETA’s initial
IHA application and the preliminary
monitoring report for the previously
issued IHA, are available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0.
Similarly, the anticipated impacts are
identical to those described in the initial
IHA. Specifically, we anticipate the take
of seven marine mammal stocks
(including three cetacean and four
pinniped stocks), by Level B harassment
only, incidental to noise as a result of
pile driving associated with the
proposed activities. WETA was not able
to complete the pile driving activities
analyzed in the initial IHA by the date
that IHA is set to expire and anticipates
the need for additional piles driving to
complete the project in 2019.
The following documents are
referenced in this notice and include
important supporting information, and
may be found at the indicated location:
• Initial Proposed IHA: Takes of
Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the South Basin
Improvements Project at the San
Francisco Ferry Terminal (83 FR 18507;
April 27, 2018). Available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0;
• Initial Final IHA. Takes of Marine
Mammals Incidental to Specified
Activities; Taking Marine Mammals
Incidental to the South Basin
Improvements Project at the San
Francisco Ferry Terminal (83 FR 28826;
June 21, 2018). Available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bay-
E:\FR\FM\09MYN1.SGM
09MYN1
20338
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
area-water-emergency-transportationauthority-ferry-0; and
• Preliminary Monitoring Report from
Initial IHA. Available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0.
Detailed Description of the Activity
As described above, WETA was not
able to complete the activities analyzed
in the initial IHA by the date that IHA
is set to expire (June 1, 2019). As such,
the activities WETA proposes to
conduct in 2019 would be a
continuation of the activities as
described in the initial 2018 IHA and
would be identical to the activities
analyzed in the initial IHA (same
location, equipment, methods, and
seasonality). The initial IHA analyzed
the potential impacts to marine
mammals from the construction of new
water transit gates and other
improvements to the ferry terminal. The
new water transit gates and other
improvements are designed to
accommodate future planned water
transit services, including an increase in
peak-period WETA vessel arrivals from
14 to approximately 30, and an
expansion of WETA services to
accommodate more weekday
passengers.
Construction of the project
improvements requires pile driving. Pile
driving for the project includes impact
or vibratory pile driving associated with
construction of the berthing structures,
the Embarcadero Plaza, and East
Bayside Promenade. Pile driving would
occur during daylight hours only and
one hammer would be used at a time.
Vibratory driving of 24-in and 30-in
piles may take up to 15 minutes per pile
while vibratory driving of 36-in piles
may take up to 20 minutes per pile.
Piles driven with an impact hammer
would require an estimated 1800 strikes
per pile, regardless of pile size.
Underwater sound resulting from pile
driving could result in the harassment
of marine mammals.
Much of the pile driving associated
with the project was completed in 2017
and 2018 and was covered previous
IHAs. All pile driving completed in
2017 and 2018 was vibratory; no impact
pile driving was conducted. The
numbers of each pile size that were
planned to be driven during 2018 are
shown in Table 1 of the 2018 IHA
application (available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0). WETA planned to
install 81 steel piles, ranging in
diameter from 24 to 36 in in diameter,
during 2018. However, as described
above, WETA was not able to complete
all pile driving in 2018 as planned and
therefore proposes to complete pile
driving associated with the proposed
activities in 2019. WETA installed a
total of 52 piles in 2018 over
approximately 21 construction days,
and anticipates a total of 29 additional
piles would need to be installed in 2019
to complete the project. Thus, the total
number of piles driven in 2018 and
2019 combined would not exceed the
total number described and analyzed in
the previously issued IHA (81 piles
total). A minor change in design plans
would result in the installation of five
more 36-inch piles and five less 24-in
piles that originally planned to
complete the work. The proposed
Renewal would be effective for a period
of one year from the date of issuance.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
including information on abundance,
status, distribution, and hearing, may be
found in the Notice of proposed IHA (83
FR 18507; April 27, 2018) for the initial
authorization. NMFS has reviewed the
monitoring data from the initial IHA,
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature, and determined that neither
this nor any other new information
affects which species or stocks have the
potential to be affected or the pertinent
information in the Description of the
Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is proposed
here may be found in the Notice of
proposed IHA for the initial
authorization (83 FR 18507; April 27,
2018). NMFS has reviewed the
monitoring data from the initial IHA,
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature, and determined that neither
this nor any other new information
affects our initial analysis of impacts on
marine mammals and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
Notice of proposed IHA (83 FR 18507;
April 27, 2018) and issued IHA for the
initial authorization (83 FR 28826; June
21, 2018). The pile driving equipment
that may result in take, as well as the
source levels, marine mammal stocks
taken, marine mammal density data and
the methods of take estimation
applicable to this authorization remain
unchanged from the previously issued
IHA.
Authorized takes would primarily be
by Level B harassment as exposure to
acoustic sources (i.e., impact and
vibratory pile driving) has the potential
to result in disruption of behavioral
patterns for individual marine
mammals. There is also some potential
for auditory injury (Level A harassment)
to result, primarily for harbor seals and
California sea lions due to larger
predicted auditory injury zones.
As described above, WETA completed
the installation of 52 piles in 2018 and
proposes to install 29 piles to complete
the project in 2019. Piles would include
24-in, 30-in, and 36-in piles. The
number of piles for each respective size
proposed for installation in 2019 are
shown in Table 1.
jbell on DSK3GLQ082PROD with NOTICES
TABLE 1—NUMBER AND SIZES OF PILES PROPOSED FOR INSTALLATION IN 2019, AND ESTIMATED DURATION OF PILE
DRIVING
Number to be
installed
Pile diameter
24-in .............................................................................................................................................
30-in .............................................................................................................................................
36-in .............................................................................................................................................
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
E:\FR\FM\09MYN1.SGM
6
8
15
09MYN1
Number of
piles
installed
per day
2.5
3
2
Estimated
construction
duration
(days)
2
3
8
20339
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
TABLE 1—NUMBER AND SIZES OF PILES PROPOSED FOR INSTALLATION IN 2019, AND ESTIMATED DURATION OF PILE
DRIVING—Continued
Number to be
installed
Pile diameter
Total ......................................................................................................................................
Distances to the isopleths
corresponding to the Level B
harassment threshold for each pile size
and type are shown in Table 2.
Distances to the isopleths corresponding
to the Level A harassment thresholds for
the various marine mammal functional
hearing groups, by pile size and type,
are shown in Table 3. Descriptions of
Number of
piles
installed
per day
29
the modeling methods used to
determine the distances shown in
Tables 2 and 3 are described in detail
in the Notice of Issued IHA (83 FR
28826; June 21, 2018) for the initial IHA.
These methods have not changed from
the initial IHA, and all values shown in
Table 2 and 3 have not changed from
the initial IHA. No impact driving has
Estimated
construction
duration
(days)
n/a
13
been conducted on the project thus far
and vibratory driving will be the most
likely method of installation during
2019 as well; however, the use of an
impact hammer to install piles may be
required in 2019 and the potential for
impact driving is therefore included in
the take analysis.
TABLE 2—DISTANCES TO ISOPLETHS CORRESPONDING TO THE LEVEL B HARASSMENT THRESHOLD
Distance to
Level B
harassment
threshold
(m)
Pile size and installation method
24-in
24-in
30-in
30-in
36-in
36-in
Vibratory .....................................................................................................................................................................................
Impact .........................................................................................................................................................................................
Vibratory .....................................................................................................................................................................................
Impact .........................................................................................................................................................................................
Vibratory .....................................................................................................................................................................................
Impact .........................................................................................................................................................................................
651
341
450
341
940
541
TABLE 3—DISTANCES TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS
Distance to Level A harassment threshold
(m)
Pile size and installation method
24-in
24-in
30-in
30-in
36-in
36-in
Low-frequency
cetaceans
Mid-frequency
cetaceans
High-frequency
cetaceans
3.1
418
2
418
5
801
<1
15
<1
15
<1
29
4
498
3
498
7
954
Vibratory ....................................................................
Impact .......................................................................
Vibratory ....................................................................
Impact .......................................................................
Vibratory ....................................................................
Impact .......................................................................
As the number of pile driving days
that would occur in 2019 is less than the
number of pile driving days analyzed in
the previous IHA, the number of takes
estimated to occur in 2019, and
proposed for authorization, has changed
from the number of takes authorized in
the initial IHA. Take numbers
authorized in the initial IHA are shown
in Table 11 of the 2018 Notice of Issued
IHA (83 FR 28826; June 21, 2018),
available at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-sf-bayarea-water-emergency-transportationauthority-ferry-0.
The number of takes proposed for
authorization for this IHA, for each
marine mammal stock, are shown in
Table 4. Auditory injury (i.e., Level A
Phocid
pinnipeds
Otariid
pinnipeds
2
224
1
224
4
429
<1
16
<1
16
<1
31
harassment) is unlikely to occur for
cetaceans, however, take by Level A
harassment of harbor seals and
California sea lions are proposed for
authorization given their increased
presence in the nearshore waters of the
project site and the relatively large Level
A harassment zones, especially for 36in piles.
jbell on DSK3GLQ082PROD with NOTICES
TABLE 4—TOTAL TAKES PROPOSED FOR AUTHORIZATION
Takes by
Level A
harassment
Species
Harbor seal ..................................................................................................................................
Northern fur seal ..........................................................................................................................
California sea lion ........................................................................................................................
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
E:\FR\FM\09MYN1.SGM
20
0
8
09MYN1
Takes by
Level B
harassment
83
10
92
Total takes
proposed for
authorization
103
10
100
20340
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
TABLE 4—TOTAL TAKES PROPOSED FOR AUTHORIZATION—Continued
Takes by
Level A
harassment
Species
Northern elephant seal ................................................................................................................
Gray whale ...................................................................................................................................
Bottlenose dolphin .......................................................................................................................
Harbor porpoise ...........................................................................................................................
Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this authorization are
identical to those included in the Notice
announcing the issuance of the initial
IHA, and the discussion of the least
practicable adverse impact included in
that document remains accurate. The
following measures are proposed for
this renewal:
General Construction Measures
A Spill Prevention Control and
Countermeasure (SPCC) plan has been
prepared to address the emergency
cleanup of any hazardous material, and
will be available onsite. The SPCC plan
incorporates SPCC, hazardous waste,
stormwater, and other emergency
planning requirements. In addition, the
project will comply with the Port’s
stormwater regulations. Fueling of land
and marine-based equipment will be
conducted in accordance with
procedures outlined in the SPCC. Wellmaintained equipment will be used to
perform work, and except in the case of
a failure or breakdown, equipment
maintenance will be performed offsite.
Equipment will be inspected daily by
the operator for leaks or spills. If leaks
or spills are encountered, the source of
the leak will be identified, leaked
material will be cleaned up, and the
cleaning materials will be collected and
properly disposed. Fresh cement or
concrete will not be allowed to enter
San Francisco Bay. All construction
materials, wastes, debris, sediment,
rubbish, trash, fencing, etc. will be
removed from the site once project
construction is complete, and
transported to an authorized disposal
area.
jbell on DSK3GLQ082PROD with NOTICES
Pile Driving
Pre-activity monitoring will take place
from 30 minutes prior to initiation of
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
pile driving activity and post-activity
monitoring will continue through 30
minutes post-completion of pile driving
activity. Pile driving may commence at
the end of the 30-minute pre-activity
monitoring period, provided observers
have determined that the shutdown
zone (described below) is clear of
marine mammals, which includes
delaying start of pile driving activities if
a marine mammal is sighted in the zone,
as described below. 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 activities at that location
shall be halted or delayed, respectively.
If pile driving 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 and 15 or 30
minutes (for pinnipeds/small cetaceans
or large cetaceans, respectively) have
passed without re-detection of the
animal. Pile driving 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.
For all pile driving activities, a
minimum of one protected species
observed (PSO) will be required,
stationed at the active pile driving rig or
at the best vantage point(s) practicable
to monitor the shutdown zones for
marine mammals and implement
shutdown or delay procedures when
applicable through communication with
the equipment operator. Two PSOs will
be required on days when impact pile
driving occurs.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Takes by
Level B
harassment
0
0
0
0
13
4
30
32
Total takes
proposed for
authorization
13
4
30
32
Monitoring of pile driving will be
conducted by qualified PSOs (see
below) who will have no other assigned
tasks during monitoring periods. WETA
will adhere to the following conditions
when selecting observers:
• Independent PSOs will be used
(i.e., not construction personnel);
• PSOs must have prior experience
working as a marine mammal observer
during construction activities; and
• WETA will submit PSO CVs for
approval by NMFS.
WETA will ensure that observers have
the following additional qualifications:
• Ability to conduct field
observations and collect data according
to assigned protocols;
• Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
• Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
• 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
• 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.
To prevent Level A take of cetaceans,
elephant seals, and Northern fur seals,
shutdown zones equivalent to the Level
A harassment zones would be
established. If the Level A harassment
zone is less than 10 m, a minimum 10
m shutdown zone will be enforced.
WETA will implement shutdown zones
as follows:
E:\FR\FM\09MYN1.SGM
09MYN1
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
20341
TABLE 5—PROPOSED PILE DRIVING SHUTDOWN ZONES
Shutdown zone (m)
Pile size and installation
method
jbell on DSK3GLQ082PROD with NOTICES
24-in
24-in
30-in
30-in
36-in
36-in
Low-frequency
cetaceans
Mid-frequency
cetaceans
High-frequency
cetaceans
10
420
10
420
10
800
10
15
10
15
10
30
10
500
10
500
10
955
Vibratory ..............
Impact ..................
Vibratory ..............
Impact ..................
Vibratory ..............
Impact ..................
If a species for which authorization
has not been granted, or a species for
which authorization has been granted
but the authorized takes are met, is
observed approaching or within the
Level B harassment zones, pile driving
and removal activities must cease
immediately using delay and shutdown
procedures. Similarly, if a species for
which take by Level A harassment has
not been authorized, or a species for
which authorization has been granted
but the authorized takes are met, is
observed approaching or within the
Level A harassment zones, pile driving
and removal activities must cease
immediately. Activities must not
resume until the animal has been
confirmed to have left the area or 15 or
30 minutes (pinniped/small cetacean or
large cetacean, respectively) has
elapsed.
Piles driven with an impact hammer
will employ a ‘‘soft start’’ technique to
give fish and marine mammals an
opportunity to move out of the area
before full-powered impact pile driving
begins. This soft start will include an
initial set of three strikes from the
impact hammer at reduced energy,
followed by a 30 second waiting period,
then two subsequent three-strike sets.
Soft start will be required at the
beginning of each day’s impact pile
driving work and at any time following
a cessation of impact pile driving of 30
minutes or longer.
Impact hammers will be cushioned
using a 12-in thick wood cushion block.
WETA will also employ a bubble
curtain during impact pile driving.
WETA will implement the following
performance standards:
• The bubble curtain must distribute
air bubbles around 100 percent of the
piling perimeter for the full depth of the
water column;
• The lowest bubble ring shall be in
contact with the mudline for the full
circumference of the ring, and the
weights attached to the bottom ring
shall ensure 100 percent mudline
contact. No parts of the ring or other
objects shall prevent full mudline
contact; and
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
Otariid
pinnipeds
Phocid pinnipeds
10
16
10
16
10
30
• WETA shall require that
construction contractors train personnel
in the proper balancing of air flow to the
bubblers, and shall require that
construction contractors submit an
inspection/performance report for
approval by WETA within 72 hours
following the performance test.
Corrections to the attenuation device to
meet the performance standards shall
occur prior to impact driving.
Based on our evaluation of the
applicant’s proposed measures, NMFS
has determined that the mitigation
measures provide the means of 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.
Public Comments
As noted previously, NMFS published
a notice of proposed IHA (83 FR 18507;
April 27, 2018) and solicited public
comments on both our proposal to issue
the initial IHA and on the potential for
a Renewal, should certain requirements
be met. All public comments were
addressed in the notice announcing the
issuance of the initial IHA. Below, we
describe how we have addressed, with
updated information where appropriate,
any comments received that specifically
pertain to the Renewal of the 2018 IHA.
Comment: The Marine Mammal
Commission (Commission) requested
clarification of certain issues associated
with NMFS’s notice that one-year
Renewals can be issued in certain
limited circumstances and expressed
concern that the process would bypass
the public notice and comment
requirements. The Commission also
suggested that NMFS should discuss the
possibility of Renewals through a more
general route, such as a rulemaking,
instead of notice in a specific
authorization. The Commission further
recommended that if NMFS did not
pursue a more general route, that the
agency provide the Commission and the
public with a legal analysis supporting
our conclusion that this process is
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
10.
30 for harbor seals, 224 for all other species.
10.
30 for harbor seals, 224 for all other species.
10.
30 for harbor seals, 430 for all other species.
consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
Response: The notice of the proposed
initial IHA expressly notified and
invited comment from the public on the
possibility that under certain, limited
conditions the applicant could seek a
Renewal IHA for an additional year. The
notice described the conditions under
which such a Renewal request could be
considered and expressly sought public
comment in the event such a Renewal
were sought. Further, since issuance of
the initial IHA NMFS has modified the
Renewal process to provide notice
through the Federal Register and an
additional 15-day public comment
period at the time the Renewal IHA is
requested. NMFS also will provide
direct notice of the proposed Renewal to
those who commented on the initial
IHA, to provide an opportunity to
submit any additional comments.
We appreciate the Commission’s
suggestion that NMFS discuss the
potential for IHA Renewals through a
more general route, such as a
rulemaking. However, utilizing the
public comment process associated with
IHAs is more efficient for the agency,
while still providing for appropriate
public input into NMFS’ decisionmaking. Further, NMFS’ recent
modification to the Renewal process
(i.e., soliciting additional public
comment at the time of a Renewal
request) should alleviate the
Commission’s concern about the lack of
additional public comment and need for
a more general rulemaking.
For more information, NMFS has
published a description of the Renewal
process on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
Preliminary Determinations
WETA’s proposed activity is identical
to the activity analyzed in our
previously issued notices of proposed
IHA and issued IHA (with the exception
of the number of piles proposed for
installation, which is less than the
number analyzed in those documents).
E:\FR\FM\09MYN1.SGM
09MYN1
20342
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
We concluded that the initial IHA
would have a negligible impact on all
marine mammal stocks and species and
that the taking would be small relative
to population sizes. The marine
mammal information, potential effects,
and the mitigation and monitoring
measures remain the same as those
analyzed in the previously issued
notices of proposed IHA and issued
IHA, therefore the extensive analysis, as
well as the associated findings, included
in the prior documents remain
applicable.
The only differences between the
initial IHA and this proposed Renewal
is that the number of piles proposed for
installation, and the numbers of marine
mammal takes expected to occur
incidental to the proposed activities, are
lower than the numbers analyzed and
authorized in the previously issued
IHA. As both the number of piles
proposed for installation and the
number of takes expected to occur, and
proposed for authorization, are lower
than in the initial IHA, we have
concluded that the effects of the
proposed Renewal would be the same or
less than those that were analyzed in the
notices of the initial proposed IHA and
issued IHA.
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) The
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
WETA’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) requires that each Federal agency
insure that any action it authorizes,
funds, or carries out is not likely to
jeopardize the continued existence of
any endangered or threatened species or
result in the destruction or adverse
modification of designated critical
habitat. No incidental take of ESA-listed
species is proposed for authorization or
VerDate Sep<11>2014
19:39 May 08, 2019
Jkt 247001
expected to result from WETA’s
proposed activity. Therefore, NMFS has
determined that formal consultation
under section 7 of the ESA is not
required for this action.
FOR FURTHER INFORMATION CONTACT:
Proposed Renewal and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA Renewal to WETA for
conducting ferry terminal expansion
activities at the Downtown San
Francisco Ferry Terminal, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed IHA can be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed Renewal, and any other aspect
of this Notice. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
Agenda
Dated: May 3, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–09520 Filed 5–8–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XH026
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a four-day meeting to consider
actions affecting the Gulf of Mexico
fisheries in the exclusive economic zone
(EEZ).
DATES: The meeting will convene on
Monday, June 3 through Thursday, June
6, 2019.
ADDRESSES: The meeting will take place
at Sandestin Golf and Beach Resort,
located at 9300 Emerald Coast Parkway
West, Miramar Beach, FL 32550;
telephone: (850) 267–8000.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
Monday, June 3, 2019; 8:30 a.m.–5 p.m.
The meeting will begin in a Closed
Session of the Full Council from
approximately 8:30 a.m.–9:15 a.m. to
select members to the Data Collection
and Coral Advisory Panels (AP).
Immediately following, committee
sessions will begin mid-morning at 9:30
a.m. with Data Collection Committee
reviewing the proposed Data Collection
AP Charge; discussing Commercial
Fishing Unique Trip Identifiers; and,
receiving a presentation on Southeast
For-Hire Integrated Electronic Reporting
(SEFHIER) Implementation Plan.
Following lunch, the Sustainable
Fisheries Committee will discuss
modernizing the Recreational Fisheries
Management Act of 2018; discuss
Allocation Issues; review Final Action:
Generic Amendment—Carryover
Provisions and Framework
Modifications; and discuss the two-day
Possession Limit on Federal For-Hire
Trips. The Habitat Protection and
Restoration Committee will review the
permitting process for Siting of
Artificial Reefs and Aquaculture
Operations in Federal Waters; and,
receive a presentation on Manna Fish
Farms, Gulf of Mexico Finfish
Aquaculture Operations.
Immediately following Habitat
Protection and Restoration Committee,
there will be a Stakeholder Engagement
Workshop hosted by the University of
Southern Mississippi on Manna Fish
Farms, Gulf of Mexico Finfish
Aquaculture Operations that is opened
to the public.
Tuesday, June 4, 2019; 8:30 a.m.–5:30
p.m.
The Reef Fish Committee will begin
with review of Reef Fish Landings;
receive a presentation on the Joint
Enforcement Agreement; and, review
Draft Amendment 36B: Modifications to
Commercial Individual Fishing Quota
(IFQ) Programs—Law Enforcement
Technical Committee Discussion,
NOAA Office of Law Enforcement
Penalties Presentation, and Quota Bank
Presentation.
After lunch, the Reef Fish Committee
will reconvene and discuss taking final
action on Framework Action to Modify
Greater Amberjack Commercial Trip
Limits; Draft Framework Action to
Modify the Recreational For-hire Red
Snapper Annual Catch Target Buffer;
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20336-20342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09520]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG888
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the South Basin Improvements
Project at the San Francisco Ferry Terminal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; incidental harassment authorization; request for
comments on proposed Renewal.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the San Francisco Bay Area Water
Emergency Transportation Authority (WETA) for the Renewal of their
currently active incidental harassment authorization (IHA) to take
marine mammals incidental to the Downtown San Francisco Ferry Terminal
Expansion Project in San Francisco, California. These activities
consist of activities that are covered by the current authorization but
will not be completed prior to its expiration. Pursuant to the Marine
Mammal Protection Act (MMPA), prior to issuing the currently active
IHA, NMFS requested comments on both the proposed IHA and the potential
for renewing the initial authorization if certain requirements were
satisfied. The Renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed Renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than May 24,
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 East-West Highway, Silver Spring, MD 20910 and electronic comments
should be sent to [email protected].
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 25-megabyte 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
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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: Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at:
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. 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 is 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 here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-year IHA Renewal when (1) another year of identical or nearly
identical activities as described in the Specified Activities section
is planned or (2) the activities would not be completed by the time the
IHA expires and a second IHA would allow for completion of the
activities
[[Page 20337]]
beyond that described in the Dates and Duration section of the initial
IHA. All of the following conditions must be met in order to issue a
Renewal:
A request for Renewal is received no later than 60 days
prior to expiration of the current IHA;
The request for Renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial dates either are identical to the previously analyzed
activities or include changes so minor (e.g., reduction in pile size)
that the changes do not affect the previous analyses, take estimates,
or mitigation and monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized;
Upon review of the request for Renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the initial findings remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any
comments received on the potential Renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA Renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested Renewal, and agency responses will be
summarized in the final notice of our decision.
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
preliminarily determined that the issuance of the IHA Renewal qualifies
to be categorically excluded from further NEPA review. We will review
all comments submitted in response to this notice prior to concluding
our NEPA process or making a final decision on the IHA request.
History of Request
On May 31, 2018, NMFS issued an IHA to WETA to take marine mammals
incidental to pile driving activities associated with the Downtown San
Francisco Ferry Terminal Expansion Project, South Basin Improvements
Project in San Francisco, California, effective from June 1, 2018,
through May 30, 2019 (83 FR 28826; June 21, 2018). On March 5, 2019,
NMFS received an application for the Renewal of that IHA. As described
in the application for Renewal, the activities authorized in the
initial IHA would not be completed by the time that IHA expires and a
second IHA would allow for completion of the activities beyond that
described in the Dates and Duration section of the initial IHA. As
required, the applicant also provided a preliminary monitoring report
(available at www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0) which confirms that the applicant has implemented the required
mitigation and monitoring, and which also shows that no impacts of a
scale or nature not previously analyzed or authorized have occurred as
a result of the activities conducted.
Description of the Specified Activities and Anticipated Impacts
WETA proposes to continue to expand the berthing capacity at the
Downtown San Francisco Ferry Terminal, located at the San Francisco
Ferry Building, to support existing and future planned water transit
services operated on San Francisco Bay by WETA and WETA's emergency
operations. The Downtown San Francisco Ferry Terminal Expansion Project
includes the construction of three new water transit gates and
overwater berthing facilities, in addition to supportive landside
improvements, such as additional passenger waiting and queueing areas,
circulation improvements, and other water transit-related amenities.
The new gates and other improvements would be designed to accommodate
future planned water transit services between Downtown San Francisco
and Antioch, Berkeley, Martinez, Hercules, Redwood City, Richmond, and
Treasure Island, as well as emergency operation needs. All piles would
be driven during the authorized in-water work window of June 1 to
November 30, 2019.
The specified activities described for this renewal are an
identical subset of the activities covered by the initial 2018 IHA.
NMFS previously published notices of proposed IHA (83 FR 18507; April
27, 2018) and issued IHA (83 FR 28826; June 21, 2018). These documents,
as well as WETA's initial IHA application and the preliminary
monitoring report for the previously issued IHA, are available at:
https://www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0.
Similarly, the anticipated impacts are identical to those described
in the initial IHA. Specifically, we anticipate the take of seven
marine mammal stocks (including three cetacean and four pinniped
stocks), by Level B harassment only, incidental to noise as a result of
pile driving associated with the proposed activities. WETA was not able
to complete the pile driving activities analyzed in the initial IHA by
the date that IHA is set to expire and anticipates the need for
additional piles driving to complete the project in 2019.
The following documents are referenced in this notice and include
important supporting information, and may be found at the indicated
location:
Initial Proposed IHA: Takes of Marine Mammals Incidental
to Specified Activities; Taking Marine Mammals Incidental to the South
Basin Improvements Project at the San Francisco Ferry Terminal (83 FR
18507; April 27, 2018). Available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0;
Initial Final IHA. Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine Mammals Incidental to the South
Basin Improvements Project at the San Francisco Ferry Terminal (83 FR
28826; June 21, 2018). Available at: https://www.fisheries.noaa.gov/
action/incidental-take-authorization-sf-bay-
[[Page 20338]]
area-water-emergency-transportation-authority-ferry-0; and
Preliminary Monitoring Report from Initial IHA. Available
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0.
Detailed Description of the Activity
As described above, WETA was not able to complete the activities
analyzed in the initial IHA by the date that IHA is set to expire (June
1, 2019). As such, the activities WETA proposes to conduct in 2019
would be a continuation of the activities as described in the initial
2018 IHA and would be identical to the activities analyzed in the
initial IHA (same location, equipment, methods, and seasonality). The
initial IHA analyzed the potential impacts to marine mammals from the
construction of new water transit gates and other improvements to the
ferry terminal. The new water transit gates and other improvements are
designed to accommodate future planned water transit services,
including an increase in peak-period WETA vessel arrivals from 14 to
approximately 30, and an expansion of WETA services to accommodate more
weekday passengers.
Construction of the project improvements requires pile driving.
Pile driving for the project includes impact or vibratory pile driving
associated with construction of the berthing structures, the
Embarcadero Plaza, and East Bayside Promenade. Pile driving would occur
during daylight hours only and one hammer would be used at a time.
Vibratory driving of 24-in and 30-in piles may take up to 15 minutes
per pile while vibratory driving of 36-in piles may take up to 20
minutes per pile. Piles driven with an impact hammer would require an
estimated 1800 strikes per pile, regardless of pile size. Underwater
sound resulting from pile driving could result in the harassment of
marine mammals.
Much of the pile driving associated with the project was completed
in 2017 and 2018 and was covered previous IHAs. All pile driving
completed in 2017 and 2018 was vibratory; no impact pile driving was
conducted. The numbers of each pile size that were planned to be driven
during 2018 are shown in Table 1 of the 2018 IHA application (available
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0). WETA planned to install 81 steel piles, ranging in diameter
from 24 to 36 in in diameter, during 2018. However, as described above,
WETA was not able to complete all pile driving in 2018 as planned and
therefore proposes to complete pile driving associated with the
proposed activities in 2019. WETA installed a total of 52 piles in 2018
over approximately 21 construction days, and anticipates a total of 29
additional piles would need to be installed in 2019 to complete the
project. Thus, the total number of piles driven in 2018 and 2019
combined would not exceed the total number described and analyzed in
the previously issued IHA (81 piles total). A minor change in design
plans would result in the installation of five more 36-inch piles and
five less 24-in piles that originally planned to complete the work. The
proposed Renewal would be effective for a period of one year from the
date of issuance.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Notice of proposed IHA (83 FR 18507; April 27, 2018) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects
which species or stocks have the potential to be affected or the
pertinent information in the Description of the Marine Mammals in the
Area of Specified Activities contained in the supporting documents for
the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
proposed here may be found in the Notice of proposed IHA for the
initial authorization (83 FR 18507; April 27, 2018). NMFS has reviewed
the monitoring data from the initial IHA, recent draft Stock Assessment
Reports, information on relevant Unusual Mortality Events, and other
scientific literature, and determined that neither this nor any other
new information affects our initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Notice of proposed IHA
(83 FR 18507; April 27, 2018) and issued IHA for the initial
authorization (83 FR 28826; June 21, 2018). The pile driving equipment
that may result in take, as well as the source levels, marine mammal
stocks taken, marine mammal density data and the methods of take
estimation applicable to this authorization remain unchanged from the
previously issued IHA.
Authorized takes would primarily be by Level B harassment as
exposure to acoustic sources (i.e., impact and vibratory pile driving)
has the potential to result in disruption of behavioral patterns for
individual marine mammals. There is also some potential for auditory
injury (Level A harassment) to result, primarily for harbor seals and
California sea lions due to larger predicted auditory injury zones.
As described above, WETA completed the installation of 52 piles in
2018 and proposes to install 29 piles to complete the project in 2019.
Piles would include 24-in, 30-in, and 36-in piles. The number of piles
for each respective size proposed for installation in 2019 are shown in
Table 1.
Table 1--Number and Sizes of Piles Proposed for Installation in 2019, and Estimated Duration of Pile Driving
----------------------------------------------------------------------------------------------------------------
Number of Estimated
Number to be piles construction
Pile diameter installed installed per duration
day (days)
----------------------------------------------------------------------------------------------------------------
24-in........................................................... 6 2.5 2
30-in........................................................... 8 3 3
36-in........................................................... 15 2 8
-----------------------------------------------
[[Page 20339]]
Total....................................................... 29 n/a 13
----------------------------------------------------------------------------------------------------------------
Distances to the isopleths corresponding to the Level B harassment
threshold for each pile size and type are shown in Table 2. Distances
to the isopleths corresponding to the Level A harassment thresholds for
the various marine mammal functional hearing groups, by pile size and
type, are shown in Table 3. Descriptions of the modeling methods used
to determine the distances shown in Tables 2 and 3 are described in
detail in the Notice of Issued IHA (83 FR 28826; June 21, 2018) for the
initial IHA. These methods have not changed from the initial IHA, and
all values shown in Table 2 and 3 have not changed from the initial
IHA. No impact driving has been conducted on the project thus far and
vibratory driving will be the most likely method of installation during
2019 as well; however, the use of an impact hammer to install piles may
be required in 2019 and the potential for impact driving is therefore
included in the take analysis.
Table 2--Distances to Isopleths Corresponding to the Level B Harassment
Threshold
------------------------------------------------------------------------
Distance to
Level B
Pile size and installation method harassment
threshold (m)
------------------------------------------------------------------------
24-in Vibratory......................................... 651
24-in Impact............................................ 341
30-in Vibratory......................................... 450
30-in Impact............................................ 341
36-in Vibratory......................................... 940
36-in Impact............................................ 541
------------------------------------------------------------------------
Table 3--Distances to Isopleths Corresponding to Level A Harassment Thresholds
----------------------------------------------------------------------------------------------------------------
Distance to Level A harassment threshold (m)
Pile size and installation --------------------------------------------------------------------------------
method Low-frequency Mid-frequency High-frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
24-in Vibratory................ 3.1 <1 4 2 <1
24-in Impact................... 418 15 498 224 16
30-in Vibratory................ 2 <1 3 1 <1
30-in Impact................... 418 15 498 224 16
36-in Vibratory................ 5 <1 7 4 <1
36-in Impact................... 801 29 954 429 31
----------------------------------------------------------------------------------------------------------------
As the number of pile driving days that would occur in 2019 is less
than the number of pile driving days analyzed in the previous IHA, the
number of takes estimated to occur in 2019, and proposed for
authorization, has changed from the number of takes authorized in the
initial IHA. Take numbers authorized in the initial IHA are shown in
Table 11 of the 2018 Notice of Issued IHA (83 FR 28826; June 21, 2018),
available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-sf-bay-area-water-emergency-transportation-authority-ferry-0.
The number of takes proposed for authorization for this IHA, for
each marine mammal stock, are shown in Table 4. Auditory injury (i.e.,
Level A harassment) is unlikely to occur for cetaceans, however, take
by Level A harassment of harbor seals and California sea lions are
proposed for authorization given their increased presence in the
nearshore waters of the project site and the relatively large Level A
harassment zones, especially for 36-in piles.
Table 4--Total Takes Proposed for Authorization
----------------------------------------------------------------------------------------------------------------
Takes by Takes by Total takes
Species Level A Level B proposed for
harassment harassment authorization
----------------------------------------------------------------------------------------------------------------
Harbor seal..................................................... 20 83 103
Northern fur seal............................................... 0 10 10
California sea lion............................................. 8 92 100
[[Page 20340]]
Northern elephant seal.......................................... 0 13 13
Gray whale...................................................... 0 4 4
Bottlenose dolphin.............................................. 0 30 30
Harbor porpoise................................................. 0 32 32
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Notice announcing the issuance of the initial IHA, and
the discussion of the least practicable adverse impact included in that
document remains accurate. The following measures are proposed for this
renewal:
General Construction Measures
A Spill Prevention Control and Countermeasure (SPCC) plan has been
prepared to address the emergency cleanup of any hazardous material,
and will be available onsite. The SPCC plan incorporates SPCC,
hazardous waste, stormwater, and other emergency planning requirements.
In addition, the project will comply with the Port's stormwater
regulations. Fueling of land and marine-based equipment will be
conducted in accordance with procedures outlined in the SPCC. Well-
maintained equipment will be used to perform work, and except in the
case of a failure or breakdown, equipment maintenance will be performed
offsite. Equipment will be inspected daily by the operator for leaks or
spills. If leaks or spills are encountered, the source of the leak will
be identified, leaked material will be cleaned up, and the cleaning
materials will be collected and properly disposed. Fresh cement or
concrete will not be allowed to enter San Francisco Bay. All
construction materials, wastes, debris, sediment, rubbish, trash,
fencing, etc. will be removed from the site once project construction
is complete, and transported to an authorized disposal area.
Pile Driving
Pre-activity monitoring will take place from 30 minutes prior to
initiation of pile driving activity and post-activity monitoring will
continue through 30 minutes post-completion of pile driving activity.
Pile driving may commence at the end of the 30-minute pre-activity
monitoring period, provided observers have determined that the shutdown
zone (described below) is clear of marine mammals, which includes
delaying start of pile driving activities if a marine mammal is sighted
in the zone, as described below. 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 activities at
that location shall be halted or delayed, respectively. If pile driving
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
and 15 or 30 minutes (for pinnipeds/small cetaceans or large cetaceans,
respectively) have passed without re-detection of the animal. Pile
driving 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.
For all pile driving activities, a minimum of one protected species
observed (PSO) will be required, stationed at the active pile driving
rig or at the best vantage point(s) practicable to monitor the shutdown
zones for marine mammals and implement shutdown or delay procedures
when applicable through communication with the equipment operator. Two
PSOs will be required on days when impact pile driving occurs.
Monitoring of pile driving will be conducted by qualified PSOs (see
below) who will have no other assigned tasks during monitoring periods.
WETA will adhere to the following conditions when selecting observers:
Independent PSOs will be used (i.e., not construction
personnel);
PSOs must have prior experience working as a marine mammal
observer during construction activities; and
WETA will submit PSO CVs for approval by NMFS.
WETA will ensure that observers have the following additional
qualifications:
Ability to conduct field observations and collect data
according to assigned protocols;
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
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
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.
To prevent Level A take of cetaceans, elephant seals, and Northern
fur seals, shutdown zones equivalent to the Level A harassment zones
would be established. If the Level A harassment zone is less than 10 m,
a minimum 10 m shutdown zone will be enforced. WETA will implement
shutdown zones as follows:
[[Page 20341]]
Table 5--Proposed Pile Driving Shutdown Zones
----------------------------------------------------------------------------------------------------------------
Shutdown zone (m)
Pile size and installation ----------------------------------------------------------------------------------
method Low-frequency Mid-frequency High-frequency Otariid
cetaceans cetaceans cetaceans pinnipeds Phocid pinnipeds
----------------------------------------------------------------------------------------------------------------
24-in Vibratory.............. 10 10 10 10 10.
24-in Impact................. 420 15 500 16 30 for harbor
seals, 224 for
all other
species.
30-in Vibratory.............. 10 10 10 10 10.
30-in Impact................. 420 15 500 16 30 for harbor
seals, 224 for
all other
species.
36-in Vibratory.............. 10 10 10 10 10.
36-in Impact................. 800 30 955 30 30 for harbor
seals, 430 for
all other
species.
----------------------------------------------------------------------------------------------------------------
If a species for which authorization has not been granted, or a
species for which authorization has been granted but the authorized
takes are met, is observed approaching or within the Level B harassment
zones, pile driving and removal activities must cease immediately using
delay and shutdown procedures. Similarly, if a species for which take
by Level A harassment has not been authorized, or a species for which
authorization has been granted but the authorized takes are met, is
observed approaching or within the Level A harassment zones, pile
driving and removal activities must cease immediately. Activities must
not resume until the animal has been confirmed to have left the area or
15 or 30 minutes (pinniped/small cetacean or large cetacean,
respectively) has elapsed.
Piles driven with an impact hammer will employ a ``soft start''
technique to give fish and marine mammals an opportunity to move out of
the area before full-powered impact pile driving begins. This soft
start will include an initial set of three strikes from the impact
hammer at reduced energy, followed by a 30 second waiting period, then
two subsequent three-strike sets. Soft start will be required at the
beginning of each day's impact pile driving work and at any time
following a cessation of impact pile driving of 30 minutes or longer.
Impact hammers will be cushioned using a 12-in thick wood cushion
block. WETA will also employ a bubble curtain during impact pile
driving. WETA will implement the following performance standards:
The bubble curtain must distribute air bubbles around 100
percent of the piling perimeter for the full depth of the water column;
The lowest bubble ring shall be in contact with the
mudline for the full circumference of the ring, and the weights
attached to the bottom ring shall ensure 100 percent mudline contact.
No parts of the ring or other objects shall prevent full mudline
contact; and
WETA shall require that construction contractors train
personnel in the proper balancing of air flow to the bubblers, and
shall require that construction contractors submit an inspection/
performance report for approval by WETA within 72 hours following the
performance test. Corrections to the attenuation device to meet the
performance standards shall occur prior to impact driving.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the mitigation measures provide the means of
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.
Public Comments
As noted previously, NMFS published a notice of proposed IHA (83 FR
18507; April 27, 2018) and solicited public comments on both our
proposal to issue the initial IHA and on the potential for a Renewal,
should certain requirements be met. All public comments were addressed
in the notice announcing the issuance of the initial IHA. Below, we
describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
Renewal of the 2018 IHA.
Comment: The Marine Mammal Commission (Commission) requested
clarification of certain issues associated with NMFS's notice that one-
year Renewals can be issued in certain limited circumstances and
expressed concern that the process would bypass the public notice and
comment requirements. The Commission also suggested that NMFS should
discuss the possibility of Renewals through a more general route, such
as a rulemaking, instead of notice in a specific authorization. The
Commission further recommended that if NMFS did not pursue a more
general route, that the agency provide the Commission and the public
with a legal analysis supporting our conclusion that this process is
consistent with the requirements of section 101(a)(5)(D) of the MMPA.
Response: The notice of the proposed initial IHA expressly notified
and invited comment from the public on the possibility that under
certain, limited conditions the applicant could seek a Renewal IHA for
an additional year. The notice described the conditions under which
such a Renewal request could be considered and expressly sought public
comment in the event such a Renewal were sought. Further, since
issuance of the initial IHA NMFS has modified the Renewal process to
provide notice through the Federal Register and an additional 15-day
public comment period at the time the Renewal IHA is requested. NMFS
also will provide direct notice of the proposed Renewal to those who
commented on the initial IHA, to provide an opportunity to submit any
additional comments.
We appreciate the Commission's suggestion that NMFS discuss the
potential for IHA Renewals through a more general route, such as a
rulemaking. However, utilizing the public comment process associated
with IHAs is more efficient for the agency, while still providing for
appropriate public input into NMFS' decision-making. Further, NMFS'
recent modification to the Renewal process (i.e., soliciting additional
public comment at the time of a Renewal request) should alleviate the
Commission's concern about the lack of additional public comment and
need for a more general rulemaking.
For more information, NMFS has published a description of the
Renewal process on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
Preliminary Determinations
WETA's proposed activity is identical to the activity analyzed in
our previously issued notices of proposed IHA and issued IHA (with the
exception of the number of piles proposed for installation, which is
less than the number analyzed in those documents).
[[Page 20342]]
We concluded that the initial IHA would have a negligible impact on all
marine mammal stocks and species and that the taking would be small
relative to population sizes. The marine mammal information, potential
effects, and the mitigation and monitoring measures remain the same as
those analyzed in the previously issued notices of proposed IHA and
issued IHA, therefore the extensive analysis, as well as the associated
findings, included in the prior documents remain applicable.
The only differences between the initial IHA and this proposed
Renewal is that the number of piles proposed for installation, and the
numbers of marine mammal takes expected to occur incidental to the
proposed activities, are lower than the numbers analyzed and authorized
in the previously issued IHA. As both the number of piles proposed for
installation and the number of takes expected to occur, and proposed
for authorization, are lower than in the initial IHA, we have concluded
that the effects of the proposed Renewal would be the same or less than
those that were analyzed in the notices of the initial proposed IHA and
issued IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) The required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) WETA's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action, and;
(5) appropriate monitoring and reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) requires that each Federal agency insure that any action
it authorizes, funds, or carries out is not likely to jeopardize the
continued existence of any endangered or threatened species or result
in the destruction or adverse modification of designated critical
habitat. No incidental take of ESA-listed species is proposed for
authorization or expected to result from WETA's proposed activity.
Therefore, NMFS has determined that formal consultation under section 7
of the ESA is not required for this action.
Proposed Renewal and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue an IHA Renewal to WETA for conducting ferry terminal expansion
activities at the Downtown San Francisco Ferry Terminal, provided the
previously described mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the
proposed Renewal, and any other aspect of this Notice. Please include
with your comments any supporting data or literature citations to help
inform our final decision on the request for MMPA authorization.
Dated: May 3, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-09520 Filed 5-8-19; 8:45 am]
BILLING CODE 3510-22-P
