Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the South Basin Improvements Project at the San Francisco Ferry Terminal, 26405-26410 [2019-11851]
Download as PDF
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
Dated: May 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–11866 Filed 6–5–19; 8:45 am]
BILLING CODE 3510–DS–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization Renewal.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA)
Renewal to the San Francisco Bay Area
Water Emergency Transportation
Authority (WETA) to take marine
mammals incidental to the Downtown
San Francisco Ferry Terminal
Expansion Project in San Francisco,
California.
SUMMARY:
This IHA Renewal is valid from
June 1, 2019 through May 31, 2020.
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-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with NOTICES
DATES:
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
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
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
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)
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
26405
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.
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 plans to continue to expand
the berthing capacity at the Downtown
San Francisco Ferry Terminal, located at
E:\FR\FM\06JNN1.SGM
06JNN1
khammond on DSKBBV9HB2PROD with NOTICES
26406
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
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 will 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 will 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 planned
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;
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
• 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-bayarea-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 plans 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-inch (in) and 30in 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
1,800 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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 plans to complete pile driving
associated with the planned 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 36in piles and five less 24-in piles that
originally planned to complete the
work. The Renewal is 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
take is authorized, 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 authorized
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
E:\FR\FM\06JNN1.SGM
06JNN1
26407
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
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
plans to install 29 piles to complete the
project in 2019. Piles would include 24in, 30-in, and 36-in piles. The number
of piles for each respective size planned
for installation in 2019 are shown in
Table 1.
TABLE 1—NUMBER AND SIZES OF PILES PLANNED FOR INSTALLATION IN 2019, AND ESTIMATED DURATION OF PILE
DRIVING
Number to be
installed
Pile diameter
24-in .............................................................................................................................................
30-in .............................................................................................................................................
36-in .............................................................................................................................................
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
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)
Number of
piles installed
per day
6
8
15
29
2.5
3
2
n/a
2
3
8
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)
khammond on DSKBBV9HB2PROD with NOTICES
Pile size and installation method
24-in
24-in
30-in
30-in
36-in
36-in
Low-frequency
cetaceans
Mid-frequency
cetaceans
3.1
418
2
418
5
801
<1
15
<1
15
<1
29
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
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
the previous IHA, the number of takes
estimated to occur in 2019, and
authorized, has changed from the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Highfrequency
cetaceans
4
498
3
498
7
954
Phocid
pinnipeds
2
224
1
224
4
429
Otariid
pinnipeds
<1
16
<1
16
<1
31
number of takes authorized in the initial
IHA. Take numbers authorized in the
initial IHA are shown in Table 11 of the
E:\FR\FM\06JNN1.SGM
06JNN1
26408
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
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 authorized in
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
authorized given their increased
presence in the nearshore waters of the
project site and the relatively large Level
A harassment zones, especially for 36in piles.
TABLE 4—TOTAL TAKES AUTHORIZED
Takes by
Level A
harassment
Species
Harbor seal ..................................................................................................................................
Northern fur seal ..........................................................................................................................
California sea lion ........................................................................................................................
Northern elephant seal ................................................................................................................
Gray whale ...................................................................................................................................
Bottlenose dolphin .......................................................................................................................
Harbor porpoise ...........................................................................................................................
Description of Mitigation, Monitoring
and Reporting Measures
The 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 included in this
renewal:
khammond on DSKBBV9HB2PROD with NOTICES
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.
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
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
must 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
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
20
0
8
0
0
0
0
Takes by
Level B
harassment
83
10
92
13
4
30
32
Total takes
authorized
103
10
100
13
4
30
32
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,
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
shutdown zones equivalent to the Level
A harassment zones will be established.
If the Level A harassment zone is less
than 10 m, a minimum 10 m shutdown
26409
zone will be enforced. WETA will
implement shutdown zones as follows:
TABLE 5—PILE DRIVING SHUTDOWN ZONES
Shutdown zone (m)
Pile size and installation
method
khammond on DSKBBV9HB2PROD with NOTICES
24-in
24-in
30-in
30-in
36-in
36-in
Low-frequency
cetaceans
Mid-frequency
cetaceans
10
420
10
420
10
800
10
15
10
15
10
30
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
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
Highfrequency
cetaceans
10
500
10
500
10
955
Otariid
pinnipeds
Phocid pinnipeds
10
16
10
16
10
30
shall ensure 100 percent mudline
contact. No parts of the ring or other
objects shall prevent full mudline
contact; and
• WETA will 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
A notice of NMFS’ proposal to issue
a Renewal to WETA was published in
the Federal Register on May 9, 2019 (84
FR 20336). That notice either described,
or referenced descriptions of, WETA’s
activity, the marine mammal species
that may be affected by the activity, the
anticipated effects on marine mammals
and their habitat, proposed amount and
manner of take, and proposed
mitigation, monitoring and reporting
measures. NMFS received a comment
letter from the Marine Mammal
Commission (Commission). The
comments and our responses are
summarized below.
Comment: The Commission
questioned whether the public notice
provisions for IHA Renewals fully
satisfy the public notice and comment
provision in the MMPA and discussed
the potential burden on reviewers of
reviewing key documents and
developing comments quickly.
Therefore, the Commission
PO 00000
Frm 00013
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.
recommended that NMFS use the IHA
Renewal process sparingly and
selectively for activities expected to
have the lowest levels of impacts to
marine mammals and that require less
complex analysis.
Response: NMFS has taken a number
of steps to ensure the public has
adequate notice, time, and information
to be able to comment effectively on
IHA Renewals within the limitations of
processing IHA applications efficiently.
The Federal Register notice for the
initial proposed IHA (83 FR 18507;
April 27, 2018) previously identified the
conditions under which a one-year
Renewal IHA might be appropriate. This
information is presented in the Request
for Public Comments section of the
initial proposed IHA and thus
encourages submission of comments on
the potential of a one-year renewal as
well as the initial IHA during the 30-day
comment period. In addition, when we
receive an application for a Renewal
IHA, we publish a notice of the
proposed IHA Renewal in the Federal
Register and provide an additional 15
days for public comment, for a total of
45 days of public comment. We will
also directly contact all commenters on
the initial IHA by email, phone, or, if
the commenter did not provide email or
phone information, by postal service to
provide them the opportunity to submit
any additional comments on the
proposed Renewal IHA.
NMFS also strives to ensure the
public has access to key information
needed to submit comments on a
proposed IHA, whether an initial IHA or
a Renewal IHA. The agency’s website
includes information for all projects
under consideration, including the
application, references, and other
supporting documents. Each Federal
Register notice also includes contact
information in the event a commenter
has questions or cannot find the
information they seek.
E:\FR\FM\06JNN1.SGM
06JNN1
26410
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
Regarding the Commission’s comment
that Renewal IHAs should be limited to
certain types of projects, NMFS has
explained on its website and in
individual Federal Register notices that
Renewal IHAs are appropriate where the
continuing activities are identical,
nearly identical, or a subset of the
activities for which the initial 30-day
comment period applied. Where the
commenter has likely already reviewed
and commented on the initial proposed
IHA for these activities, the abbreviated
additional comment period is sufficient
for consideration of the results of the
preliminary monitoring report and new
information (if any) from the past year.
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 Renewal qualifies to be
categorically excluded from further
NEPA review.
khammond on DSKBBV9HB2PROD with NOTICES
Determinations
WETA’s planned 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 planned for
installation, which is less than the
number analyzed in those documents).
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.
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
The only differences between the
initial IHA and this Renewal is that the
number of piles planned for installation,
and the numbers of marine mammal
takes expected to occur incidental to the
planned activities, are lower than the
numbers analyzed and authorized in the
previously issued IHA. As both the
number of piles planned for installation
and the number of takes expected to
occur, and authorized, are lower than in
the initial IHA, we have concluded that
the effects of the IHA Renewal are the
same or less than those that were
analyzed in the notices of the initial
proposed IHA and issued IHA.
NMFS has 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 authorized or expected to
result from WETA’s planned activity.
Therefore, NMFS has determined that
formal consultation under section 7 of
the ESA is not required for this action.
Renewal
NMFS has issued 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.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Dated: June 3, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–11851 Filed 6–5–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Docket Numbers: RP18–1115–002.
Applicants: Saltville Gas Storage
Company L.L.C.
Description: Compliance filing
Saltville RP18–1115 Compliance Filing
to be effective 10/1/2018.
Filed Date: 5/30/19.
Accession Number: 20190530–5500.
Comments Due: 5 p.m. ET 6/6/19.
Docket Numbers: RP19–343–004.
Applicants: Texas Eastern
Transmission, LP.
Description: Compliance filing TETLP
Rate Case Compliance Filing RP19–343–
000 to be effective 6/1/2019.
Filed Date: 5/24/19.
Accession Number: 20190524–5121.
Comments Due: 5 p.m. ET 6/5/19.
Docket Numbers: RP19–1234–000.
Applicants: Transcontinental Gas
Pipe Line Company, LLC.
Description: Compliance filing 2019
Refund Report—Texas Eastern OFO
Penalties (Rate Schedule S–2) to be
effective N/A.
Filed Date: 5/23/19.
Accession Number: 20190523–5037.
Comments Due: 5 p.m. ET 6/4/19.
Docket Numbers: RP19–1235–000.
Applicants: Tallgrass Interstate Gas
Transmission, LLC.
Description: Penalty Charge
Reconciliation Filing of Tallgrass
Interstate Gas Transmission, LLC.
Filed Date: 5/22/19.
Accession Number: 20190522–5214.
Comments Due: 5 p.m. ET 6/3/19.
Docket Numbers: RP19–1236–000.
Applicants: Vector Pipeline L.P.
Description: § 4(d) Rate Filing: Tariff
Clean-Up Filing (7/1/2019) to be
effective 7/1/2019.
Filed Date: 5/23/19.
Accession Number: 20190523–5073.
Comments Due: 5 p.m. ET 6/4/19.
Docket Numbers: RP19–1237–000.
Applicants: Transcontinental Gas
Pipe Line Company, LLC.
Description: § 4(d) Rate Filing: Initial
Rate Filing—Rivervale South to Market
to be effective 7/1/2019.
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26405-26410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11851]
-----------------------------------------------------------------------
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; issuance of an incidental harassment authorization
Renewal.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA)
Renewal to the San Francisco Bay Area Water Emergency Transportation
Authority (WETA) to take marine mammals incidental to the Downtown San
Francisco Ferry Terminal Expansion Project in San Francisco,
California.
DATES: This IHA Renewal is valid from June 1, 2019 through May 31,
2020.
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 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.
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 plans to continue to expand the berthing capacity at the
Downtown San Francisco Ferry Terminal, located at
[[Page 26406]]
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 will 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 will 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 planned 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-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 plans 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-inch (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 1,800 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 plans to complete pile driving associated with
the planned 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-in piles and
five less 24-in piles that originally planned to complete the work. The
Renewal is 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 take is authorized, 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
authorized 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
[[Page 26407]]
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 plans 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 planned for installation in 2019 are shown in
Table 1.
Table 1--Number and Sizes of Piles Planned 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
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
Pile size and installation method B 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 High-
method Low-frequency Mid-frequency 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 authorized, 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
[[Page 26408]]
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 authorized in 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 authorized 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 Authorized
----------------------------------------------------------------------------------------------------------------
Takes by Level Takes by Level Total takes
Species A harassment B harassment authorized
----------------------------------------------------------------------------------------------------------------
Harbor seal..................................................... 20 83 103
Northern fur seal............................................... 0 10 10
California sea lion............................................. 8 92 100
Northern elephant seal.......................................... 0 13 13
Gray whale...................................................... 0 4 4
Bottlenose dolphin.............................................. 0 30 30
Harbor porpoise................................................. 0 32 32
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The 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 included in 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 must 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,
[[Page 26409]]
shutdown zones equivalent to the Level A harassment zones will 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:
Table 5--Pile Driving Shutdown Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shutdown zone (m)
-----------------------------------------------------------------------------------------------------
Pile size and installation method High-
Low-frequency Mid-frequency frequency Otariid Phocid pinnipeds
cetaceans cetaceans cetaceans 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 will 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
A notice of NMFS' proposal to issue a Renewal to WETA was published
in the Federal Register on May 9, 2019 (84 FR 20336). That notice
either described, or referenced descriptions of, WETA's activity, the
marine mammal species that may be affected by the activity, the
anticipated effects on marine mammals and their habitat, proposed
amount and manner of take, and proposed mitigation, monitoring and
reporting measures. NMFS received a comment letter from the Marine
Mammal Commission (Commission). The comments and our responses are
summarized below.
Comment: The Commission questioned whether the public notice
provisions for IHA Renewals fully satisfy the public notice and comment
provision in the MMPA and discussed the potential burden on reviewers
of reviewing key documents and developing comments quickly. Therefore,
the Commission recommended that NMFS use the IHA Renewal process
sparingly and selectively for activities expected to have the lowest
levels of impacts to marine mammals and that require less complex
analysis.
Response: NMFS has taken a number of steps to ensure the public has
adequate notice, time, and information to be able to comment
effectively on IHA Renewals within the limitations of processing IHA
applications efficiently. The Federal Register notice for the initial
proposed IHA (83 FR 18507; April 27, 2018) previously identified the
conditions under which a one-year Renewal IHA might be appropriate.
This information is presented in the Request for Public Comments
section of the initial proposed IHA and thus encourages submission of
comments on the potential of a one-year renewal as well as the initial
IHA during the 30-day comment period. In addition, when we receive an
application for a Renewal IHA, we publish a notice of the proposed IHA
Renewal in the Federal Register and provide an additional 15 days for
public comment, for a total of 45 days of public comment. We will also
directly contact all commenters on the initial IHA by email, phone, or,
if the commenter did not provide email or phone information, by postal
service to provide them the opportunity to submit any additional
comments on the proposed Renewal IHA.
NMFS also strives to ensure the public has access to key
information needed to submit comments on a proposed IHA, whether an
initial IHA or a Renewal IHA. The agency's website includes information
for all projects under consideration, including the application,
references, and other supporting documents. Each Federal Register
notice also includes contact information in the event a commenter has
questions or cannot find the information they seek.
[[Page 26410]]
Regarding the Commission's comment that Renewal IHAs should be
limited to certain types of projects, NMFS has explained on its website
and in individual Federal Register notices that Renewal IHAs are
appropriate where the continuing activities are identical, nearly
identical, or a subset of the activities for which the initial 30-day
comment period applied. Where the commenter has likely already reviewed
and commented on the initial proposed IHA for these activities, the
abbreviated additional comment period is sufficient for consideration
of the results of the preliminary monitoring report and new information
(if any) from the past year.
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 Renewal qualifies to be categorically
excluded from further NEPA review.
Determinations
WETA's planned 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 planned for installation, which is
less than the number analyzed in those documents). 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 Renewal is
that the number of piles planned for installation, and the numbers of
marine mammal takes expected to occur incidental to the planned
activities, are lower than the numbers analyzed and authorized in the
previously issued IHA. As both the number of piles planned for
installation and the number of takes expected to occur, and authorized,
are lower than in the initial IHA, we have concluded that the effects
of the IHA Renewal are the same or less than those that were analyzed
in the notices of the initial proposed IHA and issued IHA.
NMFS has 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 authorized or
expected to result from WETA's planned activity. Therefore, NMFS has
determined that formal consultation under section 7 of the ESA is not
required for this action.
Renewal
NMFS has issued 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.
Dated: June 3, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-11851 Filed 6-5-19; 8:45 am]
BILLING CODE 3510-22-P