Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California, 37064-37070 [2020-13101]
Download as PDF
<![CDATA[
37064
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
respondents.6 Accordingly, Commerce
calculated a revised subsidy rate of
29.44 percent for Guizhou Tyre and
other non-selected companies.7
On June 5, 2020, the Court sustained
Commerce’s Second Remand Results
and entered final judgement.8
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the
Act, Commerce must publish a notice of
a court decision that is not in harmony
with a Commerce determination and
must suspend liquidation of entries
pending a conclusive court decision.
The Court’s June 5, 2020 final judgment
sustaining Commerce’s Second Remand
Results constitutes a final decision of
the Court that is not in harmony with
Commerce’s Final Results.11 This notice
is published in fulfillment of the
Timken publication requirements.
Accordingly, Commerce will continue
the suspension of liquidation of the
OTR Tires subject to this review
pending expiration of the period of
appeal or, if appealed, pending a final
and conclusive court decision.
Amended Final Results
khammond on DSKJM1Z7X2PROD with NOTICES
6 See Results of Redetermination Pursuant to
Court Remand (March 5, 2020) (Second Remand
Results) at 3–4.
7 Id. at 4–5.
8 See Guizhou Tyre Co., Ltd. et al. v. United
States, CIT Slip Op. 20–81, Consol. Ct. No. 18–
00100 (June 5, 2020).
9 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
11 See Final Results.
12 See Second Remand Results at 4–5.
17:17 Jun 18, 2020
This notice is issued and published in
accordance with section 516A(e)(1),
781(d), and 777(i)(1) of the Act.
Dated: June 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–13266 Filed 6–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA155]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Chevron
Richmond Refinery Long Wharf
Maintenance and Efficiency Project in
San Francisco Bay, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a Renewal
incidental harassment authorization
(IHA) to Chevron Products Company
(Chevron) to incidentally harass marine
mammals incidental to the Long Wharf
Maintenance and Efficiency Project
(LWMEP) in San Francisco Bay,
California.
SUMMARY:
Because there is now a final court
decision, we are amending the Final
Results with respect to the
countervailing duty rates calculated for
Guizhou Tyre and the non-selected
companies. Based on the Second
Remand Results, as affirmed by the
Court, the revised countervailing
subsidy rates for Guizhou Tyre and the
non-selected companies, from January 1,
2015 through December 31, 2015, are
29.44 percent.12
In the event that the Court’s ruling is
not appealed, or, if appealed, is upheld
by a final and conclusive court decision,
Commerce will instruct Customs and
Border Protection to assess
countervailing duties on unliquidated
entries of subject merchandise based on
the revised subsidy rates summarized
above.
VerDate Sep<11>2014
Notification to Interested Parties
Jkt 250001
This Renewal IHA is valid from
June 15, 2020 through May 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Bonnie DeJoseph, 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: https://
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:
DATES:
Background
The Marine Mammal Protection Act
(MMPA) prohibits the ‘‘take’’ of marine
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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 one
time one-year Renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical
or nearly identical, activities as
described in the Description of the
Specified Activities and Anticipated
Impacts section of this notice is planned
or (2) the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of this
notice would not be completed by the
time the IHA expires and a Renewal
would allow for completion of the
activities beyond that described in the
Dates and Duration section of the initial
E:\FR\FM\19JNN1.SGM
19JNN1
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
notice, provided all of the following
conditions are met:
• A request for renewal is received no
later than 60 days prior to the needed
Renewal IHA effective date (recognizing
that the Renewal IHA expiration date
cannot extend beyond one year from
expiration of the initial IHA).
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted under the requested
Renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
(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
will remain the same and appropriate,
and the findings in the initial IHA
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.
The NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity.’’
khammond on DSKJM1Z7X2PROD with NOTICES
History of Request
On June 19, 2019, NMFS issued an
IHA to Chevron to take marine
mammals incidental to Chevron
Richmond Refinery Long Wharf
Maintenance and Efficiency Project
(LWMEP) in in San Francisco Bay,
California (84 FR 28474; June 19, 2019),
effective from June 1, 2019 through May
31, 2020. On January 30, 2020, NMFS
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
received an application for the Renewal
of that initial IHA. As described in the
application for Renewal, the activities
for which incidental take is requested
consist of activities that are covered by
the initial 2019 IHA but will not be
completed prior to its expiration. As
required, the applicant also provided a
preliminary monitoring report (available
at https://www.fisheries.noaa.gov/
action/incidental-take-authorizationchevron-long-wharf-maintenance-andefficiency-project-san-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
Chevron will be unable to complete
all of the planned work in the 2019 IHA
at the Richmond Refinery Long Wharf
(Long Wharf) before the expiration date
of May 31, 2020 and, therefore, they
have requested a Renewal IHA to
authorize take of marine mammals for
the subset of the initially planned work
that could not be completed. These
planned construction activities would
allow Chevron to comply with Marine
Oil Terminal Engineering and
Maintenance Standards (MOTEMS) and
to improve safety and efficiency at the
Long Wharf. The work will be identical
to a subset of the activities analyzed in
the 2019 IHA and include both vibratory
and impact pile driving for removal and
installation of piles. Chevron installed
46 piles and removed 10 piles (of which
8 were temporary and removed shortly
after installation) over approximately 18
construction days under the 2019 IHA,
leaving 69 piles remaining to be
installed and up to 109 piles to be
removed in the June 1 to November 30,
2020 construction window. Similarly,
the mitigation and monitoring will be
identical to that included in the 2019
IHA. All documents associated with the
2019 IHA (i.e., the IHA application,
proposed IHA, final IHA, public
comments, monitoring reports, etc.) can
be found on NMFS’s website, https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-chevronlong-wharf-maintenance-and-efficiencyproject-san-0. All documents associated
with the 2018 IHA (which are
sometimes referenced in the Federal
Register notices supporting the 2019
IHA) can be found at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-chevron-
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
37065
long-wharf-maintenance-and-efficiencyproject-san.
Anticipated impacts, which will
include both Level A and Level B
harassment of marine mammals, will
also be identical to those analyzed and
authorized in the 2019 IHA (though
fewer, since from a subset of activities).
Species with the expected potential to
be present during all or a portion of the
in-water work window include the Gray
whale (Eschrichtius robustus),
Bottlenose dolphin (Tursiops truncates),
harbor porpoise (Phocoena phocoena),
California sea lion (Zalophus
californianus), Northern fur seal
(Callorhinus ursinus), Pacific harbor
seal (Phoca vitulina richardii), and
Northern elephant seal (Mirounga
angustirostris). Monitoring results of the
2019 construction activities indicate
that observed exposures above Level A
and Level B harassment thresholds (see
monitoring report) were below the
amount authorized in association with
the amount of work conducted; thus, the
subset of Level A and Level B take
remaining from that authorized under
the 2019 IHA will be sufficient to cover
the 2020 pile installation and removal
activities.
Detailed Description of the Activity
A detailed description of the
construction activities for which take is
authorized here may be found in the
notices of the proposed and final IHAs
for the 2019 authorization. The work
will be identical to a subset of the
activities analyzed in the 2019 IHA and
include both vibratory and impact pile
driving for removal and installation of
piles.
All piles for which take was
authorized in the 2019 IHA were
expected to be installed/removed during
the 2019 in-water work window from
June 1 to November 30, 2019. However,
due to construction schedule delays,
designated work was only conducted on
18 of the estimated 67 days of pile
driving activity planned in the 2019
IHA. Table 1 shows the work completed
in 2019 and the remaining subset of
work covered under this Renewal.
Identical to the 2019 IHA, pile driving
activities will be timed to occur within
the standard NMFS work windows for
Endangered Species Act (ESA)- listed
fish species (June 1 through November
30). This Renewal IHA is effective for a
period of one year from the date of
issuance.
E:\FR\FM\19JNN1.SGM
19JNN1
37066
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
TABLE 1—PILE INSTALLATIONS COMPLETED IN 2019 AND REMAINING SUBSET PLANNED FOR THE 2020 CONSTRUCTION
WINDOW
Number of
piles
requested in
2020 renewal
application
Number of
piles
completed
in 2019
Number of
piles
2019 IHA
Number
installed/
removed per
day 2020
Number of
driving days
2020
Pile type
Pile driver
type
60-inch steel pipe piles ..............................
36-inch steel template pile (Installation and
removal).
20-inch steel template pile (Installation and
removal).
22-inch concrete pile removal ....................
24-inch square concrete .............................
12-inch composite piles ..............................
Timber pile removal ....................................
Impact .........
Vibratory ......
8
8
0
8
8
0
1
........................
8
0
Vibratory ......
8
8
0
........................
0
Vibratory ......
Impact .........
Vibratory ......
Vibratory ......
5
39
52
106
2
30
0
0
3
9
52
106
5
2
5
12
1
5
11
9
Total ....................................................
.....................
226
* 48
178
NA
34
* 46 piles were installed and 2 other piles were removed. Eight of the 46 piles were temporary and removed shortly after installation. Thus, a
total of 48 piles were utilized in construction activities during 2019, in which 46 pile installations and 10 pile removals were monitored, as required by the initial IHA.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take is authorized here, including
information on abundance, status,
distribution, and hearing, may be found
in the notices of the proposed and final
IHAs for the 2019 authorization. NMFS
has reviewed the monitoring data from
the 2019 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 2019 IHA. The only
change from the 2019 IHA is a reduction
of the San Francisco-Russian River
harbor porpoise and the U.S. California
sea lion estimated stocks from 9,886 to
7,524 and 296,750 to 257,606,
respectively (Carretta et al. 2019). NMFS
determined that these updates do not
change our findings.
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
here may be found in the Federal
Register notice of the issuance of the
2018 IHA for Chevron’s Long Wharf
Maintenance and Efficiency project (83
FR 27548; June 13, 2018) and the
Federal Register notice of the proposed
IHA (83 FR 18802; April 30, 2018).
NMFS has reviewed the monitoring data
from the 2019 IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events,
other scientific literature, and the public
comments, and determined that neither
this nor any other new information
affects our initial analysis of impacts on
marine mammals and their habitat.
Estimated Take
As stated above in the Description of
the Specified Activities and Anticipated
Impacts section, the purpose of this
Renewal IHA is to authorize take of
marine mammals for the subset of the
initially planned work that could not be
completed before the expiration of the
2019 IHA, May 31, 2020. The subset of
work completed in 2019 and that left to
be completed during the 2020
construction window is listed in Table
1.
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the proposed and final IHAs
for the 2019 authorization. Specifically,
the source levels, in-water construction
window, and marine mammal density
data applicable to this authorization
remain unchanged from the previously
issued IHA, just the new, lesser,
remaining levels of activity have been
applied. Similarly, the stocks taken,
methods of take, and types of take
remain unchanged from the previously
issued IHA.
khammond on DSKJM1Z7X2PROD with NOTICES
TABLE 2—AUTHORIZED TAKE OF STOCKS, RENEWAL IHA 2020
Species
Stock
Authorized
Level A take
Harbor seal ...................................................................
California sea lion .........................................................
Harbor porpoise ............................................................
Northern elephant seal .................................................
Gray whale ...................................................................
Northern fur seal ...........................................................
Bottlenose Dolphin .......................................................
California .......................................................................
Eastern U.S. .................................................................
San Francisco–Russian River ......................................
California Breeding .......................................................
Eastern North Pacific ....................................................
California .......................................................................
California Coastal .........................................................
* 513
........................
*4
........................
........................
........................
........................
Authorized
Level B take
5,114
302
321
11
2
10
17
* Level A take is associated with impact pile driving of 60-inch steel pipe, which was not conducted in 2019 as planned and is part of the subset of work to be completed in 2020.
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\19JNN1.SGM
19JNN1
37067
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
lowest bubble ring must be in contact
with the mudline for the full
circumference of the ring, and the
weights attached to the bottom ring
must ensure 100 percent mudline
contact. No parts of the ring or other
objects shall prevent full mudline
contact. (3) Air flow to the bubblers
must be balanced around the
circumference of the pile.
Establishment of Shutdown Zone—
For all pile driving and extraction
activities Chevron must implement and
monitor shutdown zones. See Table 3
for minimum radial distances required
for shutdown zones.
Proposed Mitigation
Description of Mitigation, Monitoring
and Reporting Measures
Time Restrictions—For all in-water
pile driving activities, Chevron must
operate only during daylight hours (7
a.m. to 7 p.m.).
Attenuation Devices—Chevron must
implement the use of bubble curtains
during impact driving of 60-inch steel
piles and 24-inch square concrete piles
and operate it in a manner consistent
with the following performance
standards: (1) The bubble curtain must
distribute air bubbles around 100
percent of the piling perimeter for the
full depth of the water column. (2) The
The authorized mitigation,
monitoring, and reporting measures
included as requirements in this
authorization are identical to those
included in the Federal Register notice
announcing the issuance of the 2019
IHA, and the discussion of the least
practicable adverse impact included in
that document remains accurate. The
following measures are proposed for
this renewal:
TABLE 3—RADIAL DISTANCE TO SHUTDOWN ZONES
Shutdown zones meters
Project element requiring pile installation
Low-frequency
cetaceans
Mid-frequency
cetaceans
Highfrequency
Cetaceans
Phocid
pinnipeds
Otariid
pinnipeds
Attenuated Impact Driving (with bubble curtain)
60-inch steel pipe .............................................................
24-inch square concrete ..................................................
840
20
30
10
50
50
30
15
35
10
10
80
30
10
10
10
10
10
50
50
50
50
15
15
10
10
10
10
10
10
Impact Pile Proofing (no bubble curtain)
36-inch steel pipe pile ......................................................
100
Vibratory Driving/Extraction
12-inch Composite Barrier Pile ........................................
36-inch steel pipe pile ......................................................
20-inch steel pipe pile ......................................................
Wood and concrete pile extraction ..................................
Establishment of Monitoring Zones for
Level A and Level B—Chevron must
establish and monitor Level A
20
20
10
10
harassment zones during impact driving
for harbor seal extending to 450 meters
(m) and for harbor porpoise extending to
990 m. Chevron must also establish and
monitor Level B harassment zones as
depicted in Table 4.
TABLE 4—RADIAL DISTANCES TO MONITORING ZONES
Distance to
threshold 160/120 dB
RMS
(Level B) in meters
Pile type
Attenuated Impact Driving (with bubble curtain)
60-inch steel pipe (1 per day) .............................................................................................................................................
24-inch square concrete (1–2 per day) ...............................................................................................................................
740
75
Impact Pile Proofing (no bubble curtain)
36-inch steel pipe pile (2 total) ............................................................................................................................................
1,000
khammond on DSKJM1Z7X2PROD with NOTICES
Vibratory Driving/Extraction
12-Inch Composite Barrier Piles (5 per day) .......................................................................................................................
36-inch steel pipe pile (4 per day) .......................................................................................................................................
20-inch steel pipe pile (4 per day) .......................................................................................................................................
Wood and concrete pile extraction (12 per day) .................................................................................................................
Soft Start—Chevron must use soft
start techniques when impact pile
driving. Chevron must provide an initial
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
set of strikes at reduced energy,
followed by a 30-second waiting period,
then two subsequent reduced energy
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
15,850
21,545
7,360
1,360
strike sets. Soft start must be
implemented at the start of each day’s
impact pile driving and at any time
E:\FR\FM\19JNN1.SGM
19JNN1
37068
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
following cessation of impact pile
driving for a period of 30 minutes or
longer.
Pre-Activity Monitoring—Pre-activity
monitoring must take place from 30
minutes prior to initiation of pile
driving activity and post-activity
monitoring must 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 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.
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 or 15 minutes 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.
10-Meter Shutdown Zone—During the
in-water operation of heavy machinery
(e.g., barge movements), a 10-m
shutdown zone for all marine mammals
must be implemented. If a marine
mammal comes within 10 m, operations
must cease and vessels must reduce
speed to the minimum level required to
maintain steerage and safe working
conditions.
Non-authorized Take Prohibited—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 monitoring
zone, pile driving and removal activities
must shut down immediately using
delay and shut-down procedures.
Activities must not resume until the
animal has been confirmed to have left
the area or an observation time period
of 15 minutes without re-sighting has
elapsed.
Proposed Monitoring Measures
Visual Marine Mammal
Observation—the following visual
monitoring measures must be
implemented:
Baseline biological monitoring must
occur within one week before the
project’s start date.
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
Monitoring distances, in accordance
with the identified shutdown zones,
Level A and Level B zones, must be
determined by using a range finder,
scope, hand-held global positioning
system (GPS) device or landmarks with
known distances from the monitoring
positions.
Monitoring locations must be
established at locations offering best
views of the monitoring zone. One
protected species observer (PSO) must
be stationed at the north end of the
wharf monitoring the entire observable
area with a special focus on the section
between Castro Rocks and the wharf.
At least two PSOs must be actively
scanning the monitoring zone during all
pile driving activities.
Observers must record all incidents of
marine mammal occurrence, regardless
of distance from activity, and must
document any behavioral reactions in
concert with distance from piles being
driven or removed.
Monitoring must be continuous
unless the contractor takes a break
longer than 2 hours from active pile and
sheet pile driving, in which case
monitoring must be required 30 minutes
prior to restarting pile installation.
For in-water pile driving, under
conditions of fog or poor visibility that
might obscure the presence of a marine
mammal within the shutdown zone or
Level A zone, the pile in progress must
be completed and then pile driving
suspended until visibility conditions
improve.
Monitoring of pile driving must be
conducted by qualified PSOs, who must
have no other assigned tasks during
monitoring periods. Chevron must
adhere to the following conditions when
selecting observers: (1) Independent
PSOs must be used (i.e., not
construction personnel); (2) At least one
PSO must have prior experience
working as a marine mammal observer
during construction activities; (3) Other
PSOs may substitute education (degree
in biological science or related field) or
training for experience; and (4) Chevron
must submit PSO curriculum vitaes for
approval by NMFS.
Chevron must ensure that observers
have the following additional
qualifications: (1) Ability to conduct
field observations and collect data
according to assigned protocols; (2)
Experience or training in the field
identification of marine mammals,
including the identification of
behaviors; (3) Sufficient training,
orientation, or experience with the
construction operation to provide for
personal safety during observations; (4)
Writing skills sufficient to prepare a
report of observations including but not
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
limited to the number and species of
marine mammals observed; dates and
times when in-water construction
activities were conducted; dates, times,
and reason for implementation of
mitigation (or why mitigation was not
implemented when required); and
marine mammal behavior; and (5)
Ability to communicate orally, by radio
or in person, with project personnel to
provide real-time information on marine
mammals observed in the area as
necessary.
Hydroacoustic Monitoring—Sound
Source Verification (SSV) testing must
be conducted as stipulated in the
Hydroacoustic Monitoring Plan.
Acoustic monitoring must be conducted
on the following: (1) Acoustic
monitoring for at least two timber piles
(vibratory); (2) Acoustic monitoring for
at least four 24-inch square concrete
piles (impact); (3) Acoustic monitoring
for at least two 20-inch steel piles
(vibratory); (4) Acoustic monitoring for
at least two 36-inch steel piles
(vibratory); (5) Acoustic monitoring for
at least two 60-inch steel piles (impact);
and (6) Acoustic monitoring of two 12inch composite piles (vibratory).
Testing must be conducted by an
acoustical firm with prior experience
conducting SSV testing. Final results
must be sent to NMFS and may be used
to establish shutdown and monitoring
isopleths. Any alterations to the
shutdown or monitoring zones based on
testing data must be approved by NMFS.
Reporting
Marine Mammal Monitoring—A draft
marine mammal monitoring report must
be submitted to NMFS within 90 days
after the completion of pile driving and
removal activities or a minimum of 60
days prior to any subsequent IHAs. A
final report must be prepared and
submitted to NMFS within 30 days
following receipt of comments on the
draft report from NMFS.
The report must include an overall
description of work completed, a
narrative regarding marine mammal
sightings, and associated marine
mammal observation data sheets.
Specifically, the report must include: (1)
Dates and times (begin and end) of all
marine mammal monitoring; (2)
Construction activities occurring during
each daily observation period, including
how many and what type of piles were
removed or driven and by what method
(i.e., impact, vibratory, drilling); (3)
Weather parameters and water
conditions during each monitoring
period (e.g., wind speed, percent cover,
visibility, sea state); (4) The number of
marine mammals observed, by species,
relative to the pile location and if pile
E:\FR\FM\19JNN1.SGM
19JNN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
removal or installation was occurring at
time of sighting; (5) Age and sex class,
if possible, of all marine mammals
observed; (6) PSO locations during
marine mammal monitoring; (7)
Distances and bearings of each marine
mammal observed to the pile being
removed or driven for each sighting (if
pile removal or installation was
occurring at time of sighting); (8)
Description of any marine mammal
behavior patterns during observation,
including direction of travel; (9)
Number of individuals of each species
(differentiated by month as appropriate)
detected within the monitoring zone,
and estimates of number of marine
mammals taken, by species; (10)
Detailed information about any
implementation of any mitigation
triggered (e.g., shutdowns and delays), a
description of specific actions that
ensued, and resulting behavior of the
animal, if any; (11) Description of
attempts to distinguish between the
number of individual animals taken and
the number of incidences of take, such
as ability to track groups or individuals;
and (12) Level B harassment exposures
recorded by PSOs must be extrapolated
based upon the number of observed
takes and the percentage of the Level B
harassment zone that was not visible.
Injury, Serious Injury, or Mortality—In
the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by the IHA, such as an
injury, serious injury or mortality,
Chevron would immediately cease the
specified activities and report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS (301–427–
8701), and the West Coast Regional
Stranding Coordinator (562–980–3230).
The report must include the following:
(1) Description of the incident; (2)
Environmental conditions (e.g., Beaufort
sea state, visibility); (3) Description of
all marine mammal observations in the
24 hours preceding the incident; (4)
Species identification or description of
the animal(s) involved; (5) Fate of the
animal(s); and (6) Photographs or video
footage of the animal(s) (if equipment is
available).
Activities would not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS would work with Chevron to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
compliance. Chevron would not be able
to resume their activities until notified
by NMFS via letter, email, or telephone.
In the event that Chevron discovers an
injured or dead marine mammal, and
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
the lead PSO determines that the cause
of the injury or death is unknown and
the death is relatively recent (e.g., in
less than a moderate state of
decomposition as described in the next
paragraph), Chevron would immediately
report the incident to the Chief of the
Permits and Conservation Division,
Office of Protected Resources, NMFS,
and the West Coast Regional Stranding
Coordinator. The report would include
the same information identified in
section above. Activities would be able
to continue while NMFS reviews the
circumstances of the incident. NMFS
would work with Chevron to determine
whether modifications in the activities
are appropriate.
In the event that Chevron discovers an
injured or dead marine mammal and the
lead PSO determines that the injury or
death is not associated with or related
to the activities authorized in the IHA
(e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, or scavenger damage),
Chevron would report the incident to
the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, and the
West Coast Regional Stranding
Coordinator within 24 hours of the
discovery. Chevron would provide
photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
Public Comments
A notice of NMFS’ proposal to issue
a Renewal IHA to Chevron was
published in the Federal Register on
May 6, 2020 (85 FR 26962). That notice
either described, or referenced
descriptions of, the Chevron’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
one entity, the Marine Mammal
Commission (Commission). The
comments and our responses are
summarized below.
Comment 1: The Commission
recommended that NMFS ensure that
Chevron is aware that it must abide by
requirement 5(a)(iii) in the final
authorization, and ensures that the farfield observer is stationed at the north,
not the south end of the wharf, focuses
on the area between Castro Rocks and
the wharf, and documents any reactions
and takes of the seals hauled out at
Castro Rocks.
Response: NMFS has clarified with
Chevron that at least two PSOs are
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
37069
required to actively scan the shutdown
and monitoring zones during all pile
driving activities; one PSO is required to
be stationed at the north end of the
wharf monitoring the entire observable
area with a special focus on the section
between Castro Rocks and the wharf.
Comment 2: The Commission
recommends that NMFS ensure that its
internal acoustics expert reviews the
hydroacoustic monitoring report and
underlying data before the report is
accepted as final and before any revised
Level A or B harassment zones are used,
including for enumerating takes in the
annual monitoring report.
Response: NMFS will ensure that the
hydroacoustic monitoring report is
reviewed as needed prior to being
accepted as final or being used as a basis
for revising harassment zones. However,
NMFS does not concur that Dr. Shane
Guan must review every hydroacoustic
report, as suggested by the Commission.
It is not appropriate for the Commission
to dictate the use of NMFS staff
resources and NMFS will manage staff
review of hydroacoustic report based on
the content and complexity of the
report, as well as the purpose of the
review.
Comment 3: The Commission
recommends that NMFS ensure that
Chevron uses the appropriate extents of
the various Level B harassment zones
for extrapolation.
Response: NMFS will ensure that
Chevron uses appropriate Level B
harassment zones for the purposes of
extrapolating estimated Level B
harassment take in their final report.
Comment 4: The Commission
recommends that NMFS ensure that
Chevron reports those animals that were
observed and considered taken based on
when pile driving and removal is
occurring and where the animals are
located.
Response: NMFS has made clear to
Chevron that only marine mammals
observed during the monitoring
period(s) defined in the Monitoring
Measures section of the IHA should be
used to record the estimated take, and
that marine mammals observed in the
vicinity of pile driving prior to or after
active pile driving occurs should be
included in the notes.
Comment 5: The Commission
recommends that NMFS ensure that
Chevron reports the distances only in
meters.
Response: NMFS has confirmed that
Chevron will provide their reporting
data in meters.
Comment 6: The Commission
recommends that NMFS ensure that
Chevron extrapolates the number(s) of
each species taken based on the
E:\FR\FM\19JNN1.SGM
19JNN1
khammond on DSKJM1Z7X2PROD with NOTICES
37070
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Notices
number(s) observed and the extent of
the unobserved portion of the Level B
harassment zone on each day and sums
the daily extrapolated takes across the
authorization period.
Response: Chevron will average their
take across days and then apply the
extrapolation factor to correct for the
unobserved portion of the Level B zone.
However, NMFS has confirmed that
Chevron will differentiate their
extrapolation of take calculations by
pile driving type (i.e., zone size) and
then sum the extrapolated takes from
the different types, which should
alleviate the concerns raised by the
Commission.
Comment 7: The Commission
recommends that NMFS review all
monitoring reports, including having its
acoustic expert review all hydroacoustic
monitoring reports, before accepting
them as final to ensure that the action
proponent has abided by the monitoring
and reporting requirements under each
incidental take authorization.
Response: NMFS acknowledges the
need for a thorough review of all
monitoring reports and will ensure that
hydroacoustic monitoring reports are
reviewed as needed prior to being
accepted as final to ensure that the
action proponent has abided by the
monitoring and reporting requirements
under each incidental take
authorization.
Comment 8: The Commission
recommends that NMFS refrain from
issuing renewals for any authorization
and instead use its abbreviated Federal
Register notice process which is
similarly expeditious and fulfills
NMFS’s intent to maximize efficiencies.
Response: NMFS does not agree with
the Commission and, therefore, does not
adopt the Commission’s
recommendation. NMFS will provide a
detailed explanation of its decision
within 120 days, as required by section
202(d) of the MMPA.
Comment 9: If NMFS continues to
propose to issue renewals, the
Commission recommends that it (1)
stipulate that a renewal is a one-time
opportunity (a) in all Federal Register
notices requesting comments on the
possibility of a renewal, (b) on its web
page detailing the renewal process, and
(c) in all draft and final authorizations
that include a term and condition for a
renewal and, (2) if NMFS declines to
adopt this recommendation, explain
fully its rationale for not doing so.
Response: NMFS agrees with the
Commission’s recommendation and has
instituted this change.
VerDate Sep<11>2014
17:17 Jun 18, 2020
Jkt 250001
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
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHA 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
Renewal IHA qualifies to be
categorically excluded from further
NEPA review.
Determinations
The authorized action of this Renewal
IHA, both vibratory and impact pile
driving for removal and installation of
piles, will be identical to a subset of the
activities analyzed in the 2019 IHA, as
listed in Table 2. Based on the analysis
detailed in the notice of the final IHA
for 2019 authorization, of the likely
effects of the specified activity on
marine mammals and their habitat, and
taking into consideration the
implementation of the monitoring and
mitigation measures, NMFS found that
the total marine mammal take from the
activity will have a negligible impact on
all affected marine mammal species or
stocks.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the 2019 IHA. This
includes consideration of the estimated
abundance of harbor porpoise and
California sea lion stock decreasing
slightly. Based on the information and
analysis contained here and in the
referenced documents, NMFS has
determined the following: (1) The
required mitigation measures will affect
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)
Chevron’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed for authorization or
expected to result from this activity.
Therefore, NMFS has determined that
formal consultation under section 7 of
the ESA is not required for this action.
Renewal
NMFS has issued a Renewal IHA to
Chevron for the take of marine
mammals incidental to conducting
vibratory and impact pile driving for
removal and installation of piles at the
Long Wharf in San Francisco Bay,
California during the in-water
construction window of June 1 through
November 30, 2020.
Dated: June 12, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–13101 Filed 6–18–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA127]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of one Incidental
Take Permit application and one
Enhancement of Survival Permit
application; availability of a draft
environmental assessment; request for
comments.
AGENCY:
Notice is hereby given that
NMFS has received one Incidental Take
Permit application and one
Enhancement of Survival Permit
SUMMARY:
E:\FR\FM\19JNN1.SGM
19JNN1
]]>Agencies
[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37064-37070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13101]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA155]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Chevron Richmond Refinery Long
Wharf Maintenance and Efficiency Project in San Francisco Bay,
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a Renewal incidental harassment authorization
(IHA) to Chevron Products Company (Chevron) to incidentally harass
marine mammals incidental to the Long Wharf Maintenance and Efficiency
Project (LWMEP) in San Francisco Bay, California.
DATES: This Renewal IHA is valid from June 15, 2020 through May 31,
2021.
FOR FURTHER INFORMATION CONTACT: Bonnie DeJoseph, 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: https://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 Marine Mammal Protection Act (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 time one-year Renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical or nearly identical, activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of this notice is planned or (2) the activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of this notice would not be completed by the time the IHA expires and a
Renewal would allow for completion of the activities beyond that
described in the Dates and Duration section of the initial
[[Page 37065]]
notice, provided all of the following conditions are met:
A request for renewal is received no later than 60 days
prior to the needed Renewal IHA effective date (recognizing that the
Renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested Renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(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 will remain the same and
appropriate, and the findings in the initial IHA 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.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.''
History of Request
On June 19, 2019, NMFS issued an IHA to Chevron to take marine
mammals incidental to Chevron Richmond Refinery Long Wharf Maintenance
and Efficiency Project (LWMEP) in in San Francisco Bay, California (84
FR 28474; June 19, 2019), effective from June 1, 2019 through May 31,
2020. On January 30, 2020, NMFS received an application for the Renewal
of that initial IHA. As described in the application for Renewal, the
activities for which incidental take is requested consist of activities
that are covered by the initial 2019 IHA but will not be completed
prior to its expiration. As required, the applicant also provided a
preliminary monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-chevron-long-wharf-maintenance-and-efficiency-project-san-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
Chevron will be unable to complete all of the planned work in the
2019 IHA at the Richmond Refinery Long Wharf (Long Wharf) before the
expiration date of May 31, 2020 and, therefore, they have requested a
Renewal IHA to authorize take of marine mammals for the subset of the
initially planned work that could not be completed. These planned
construction activities would allow Chevron to comply with Marine Oil
Terminal Engineering and Maintenance Standards (MOTEMS) and to improve
safety and efficiency at the Long Wharf. The work will be identical to
a subset of the activities analyzed in the 2019 IHA and include both
vibratory and impact pile driving for removal and installation of
piles. Chevron installed 46 piles and removed 10 piles (of which 8 were
temporary and removed shortly after installation) over approximately 18
construction days under the 2019 IHA, leaving 69 piles remaining to be
installed and up to 109 piles to be removed in the June 1 to November
30, 2020 construction window. Similarly, the mitigation and monitoring
will be identical to that included in the 2019 IHA. All documents
associated with the 2019 IHA (i.e., the IHA application, proposed IHA,
final IHA, public comments, monitoring reports, etc.) can be found on
NMFS's website, https://www.fisheries.noaa.gov/action/incidental-take-authorization-chevron-long-wharf-maintenance-and-efficiency-project-san-0. All documents associated with the 2018 IHA (which are sometimes
referenced in the Federal Register notices supporting the 2019 IHA) can
be found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-chevron-long-wharf-maintenance-and-efficiency-project-san.
Anticipated impacts, which will include both Level A and Level B
harassment of marine mammals, will also be identical to those analyzed
and authorized in the 2019 IHA (though fewer, since from a subset of
activities). Species with the expected potential to be present during
all or a portion of the in-water work window include the Gray whale
(Eschrichtius robustus), Bottlenose dolphin (Tursiops truncates),
harbor porpoise (Phocoena phocoena), California sea lion (Zalophus
californianus), Northern fur seal (Callorhinus ursinus), Pacific harbor
seal (Phoca vitulina richardii), and Northern elephant seal (Mirounga
angustirostris). Monitoring results of the 2019 construction activities
indicate that observed exposures above Level A and Level B harassment
thresholds (see monitoring report) were below the amount authorized in
association with the amount of work conducted; thus, the subset of
Level A and Level B take remaining from that authorized under the 2019
IHA will be sufficient to cover the 2020 pile installation and removal
activities.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the notices of the proposed and
final IHAs for the 2019 authorization. The work will be identical to a
subset of the activities analyzed in the 2019 IHA and include both
vibratory and impact pile driving for removal and installation of
piles.
All piles for which take was authorized in the 2019 IHA were
expected to be installed/removed during the 2019 in-water work window
from June 1 to November 30, 2019. However, due to construction schedule
delays, designated work was only conducted on 18 of the estimated 67
days of pile driving activity planned in the 2019 IHA. Table 1 shows
the work completed in 2019 and the remaining subset of work covered
under this Renewal. Identical to the 2019 IHA, pile driving activities
will be timed to occur within the standard NMFS work windows for
Endangered Species Act (ESA)- listed fish species (June 1 through
November 30). This Renewal IHA is effective for a period of one year
from the date of issuance.
[[Page 37066]]
Table 1--Pile Installations Completed in 2019 and Remaining Subset Planned for the 2020 Construction Window
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Number of piles Number Number of
Pile type Pile driver type Number of piles requested in installed/ driving days
piles 2019 IHA completed in 2020 renewal removed per 2020
2019 application day 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
60-inch steel pipe piles................. Impact....................... 8 0 8 1 8
36-inch steel template pile (Installation Vibratory.................... 8 8 0 .............. 0
and removal).
20-inch steel template pile (Installation Vibratory.................... 8 8 0 .............. 0
and removal).
22-inch concrete pile removal............ Vibratory.................... 5 2 3 5 1
24-inch square concrete.................. Impact....................... 39 30 9 2 5
12-inch composite piles.................. Vibratory.................... 52 0 52 5 11
Timber pile removal...................... Vibratory.................... 106 0 106 12 9
-------------------------------------------------------------------------------
Total................................ ............................. 226 * 48 178 NA 34
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 46 piles were installed and 2 other piles were removed. Eight of the 46 piles were temporary and removed shortly after installation. Thus, a total of
48 piles were utilized in construction activities during 2019, in which 46 pile installations and 10 pile removals were monitored, as required by the
initial IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the notices of the
proposed and final IHAs for the 2019 authorization. NMFS has reviewed
the monitoring data from the 2019 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 2019 IHA. The only change from the 2019
IHA is a reduction of the San Francisco-Russian River harbor porpoise
and the U.S. California sea lion estimated stocks from 9,886 to 7,524
and 296,750 to 257,606, respectively (Carretta et al. 2019). NMFS
determined that these updates do not change our findings.
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 here may be found in the Federal Register notice of the
issuance of the 2018 IHA for Chevron's Long Wharf Maintenance and
Efficiency project (83 FR 27548; June 13, 2018) and the Federal
Register notice of the proposed IHA (83 FR 18802; April 30, 2018). NMFS
has reviewed the monitoring data from the 2019 IHA, recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events,
other scientific literature, and the public comments, and determined
that neither this nor any other new information affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
As stated above in the Description of the Specified Activities and
Anticipated Impacts section, the purpose of this Renewal IHA is to
authorize take of marine mammals for the subset of the initially
planned work that could not be completed before the expiration of the
2019 IHA, May 31, 2020. The subset of work completed in 2019 and that
left to be completed during the 2020 construction window is listed in
Table 1.
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the 2019 authorization. Specifically, the
source levels, in-water construction window, and marine mammal density
data applicable to this authorization remain unchanged from the
previously issued IHA, just the new, lesser, remaining levels of
activity have been applied. Similarly, the stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA.
Table 2--Authorized Take of Stocks, Renewal IHA 2020
----------------------------------------------------------------------------------------------------------------
Authorized Authorized
Species Stock Level A take Level B take
----------------------------------------------------------------------------------------------------------------
Harbor seal................................... California...................... * 513 5,114
California sea lion........................... Eastern U.S..................... .............. 302
Harbor porpoise............................... San Francisco-Russian River..... * 4 321
Northern elephant seal........................ California Breeding............. .............. 11
Gray whale.................................... Eastern North Pacific........... .............. 2
Northern fur seal............................. California...................... .............. 10
Bottlenose Dolphin............................ California Coastal.............. .............. 17
----------------------------------------------------------------------------------------------------------------
* Level A take is associated with impact pile driving of 60-inch steel pipe, which was not conducted in 2019 as
planned and is part of the subset of work to be completed in 2020.
[[Page 37067]]
Description of Mitigation, Monitoring and Reporting Measures
The authorized mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
2019 IHA, and the discussion of the least practicable adverse impact
included in that document remains accurate. The following measures are
proposed for this renewal:
Proposed Mitigation
Time Restrictions--For all in-water pile driving activities,
Chevron must operate only during daylight hours (7 a.m. to 7 p.m.).
Attenuation Devices--Chevron must implement the use of bubble
curtains during impact driving of 60-inch steel piles and 24-inch
square concrete piles and operate it in a manner consistent with the
following performance standards: (1) The bubble curtain must distribute
air bubbles around 100 percent of the piling perimeter for the full
depth of the water column. (2) The lowest bubble ring must be in
contact with the mudline for the full circumference of the ring, and
the weights attached to the bottom ring must ensure 100 percent mudline
contact. No parts of the ring or other objects shall prevent full
mudline contact. (3) Air flow to the bubblers must be balanced around
the circumference of the pile.
Establishment of Shutdown Zone--For all pile driving and extraction
activities Chevron must implement and monitor shutdown zones. See Table
3 for minimum radial distances required for shutdown zones.
Table 3--Radial Distance to Shutdown Zones
----------------------------------------------------------------------------------------------------------------
Shutdown zones meters
Project element requiring pile ---------------------------------------------------------------------------------
installation Low-frequency Mid-frequency High- frequency Phocid Otariid
cetaceans cetaceans Cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
Attenuated Impact Driving (with bubble curtain)
----------------------------------------------------------------------------------------------------------------
60-inch steel pipe............ 840 30 50 30 35
24-inch square concrete....... 20 10 50 15 10
----------------------------------------------------------------------------------------------------------------
Impact Pile Proofing (no bubble curtain)
----------------------------------------------------------------------------------------------------------------
36-inch steel pipe pile....... 100 10 80 30 10
----------------------------------------------------------------------------------------------------------------
Vibratory Driving/Extraction
----------------------------------------------------------------------------------------------------------------
12-inch Composite Barrier Pile 20 10 50 15 10
36-inch steel pipe pile....... 20 10 50 15 10
20-inch steel pipe pile....... 10 10 50 10 10
Wood and concrete pile 10 10 50 10 10
extraction...................
----------------------------------------------------------------------------------------------------------------
Establishment of Monitoring Zones for Level A and Level B--Chevron
must establish and monitor Level A harassment zones during impact
driving for harbor seal extending to 450 meters (m) and for harbor
porpoise extending to 990 m. Chevron must also establish and monitor
Level B harassment zones as depicted in Table 4.
Table 4--Radial Distances to Monitoring Zones
------------------------------------------------------------------------
Distance to threshold
Pile type 160/120 dB RMS (Level
B) in meters
------------------------------------------------------------------------
Attenuated Impact Driving (with bubble curtain)
------------------------------------------------------------------------
60[dash]inch steel pipe (1 per day)............ 740
24[dash]inch square concrete (1-2 per day)..... 75
------------------------------------------------------------------------
Impact Pile Proofing (no bubble curtain)
------------------------------------------------------------------------
36-inch steel pipe pile (2 total).............. 1,000
------------------------------------------------------------------------
Vibratory Driving/Extraction
------------------------------------------------------------------------
12-Inch Composite Barrier Piles (5 per day).... 15,850
36-inch steel pipe pile (4 per day)............ 21,545
20-inch steel pipe pile (4 per day)............ 7,360
Wood and concrete pile extraction (12 per day). 1,360
------------------------------------------------------------------------
Soft Start--Chevron must use soft start techniques when impact pile
driving. Chevron must provide an initial set of strikes at reduced
energy, followed by a 30-second waiting period, then two subsequent
reduced energy strike sets. Soft start must be implemented at the start
of each day's impact pile driving and at any time
[[Page 37068]]
following cessation of impact pile driving for a period of 30 minutes
or longer.
Pre-Activity Monitoring--Pre-activity monitoring must take place
from 30 minutes prior to initiation of pile driving activity and post-
activity monitoring must 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 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.
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
or 15 minutes 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.
10-Meter Shutdown Zone--During the in-water operation of heavy
machinery (e.g., barge movements), a 10-m shutdown zone for all marine
mammals must be implemented. If a marine mammal comes within 10 m,
operations must cease and vessels must reduce speed to the minimum
level required to maintain steerage and safe working conditions.
Non-authorized Take Prohibited--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 monitoring zone, pile driving and removal
activities must shut down immediately using delay and shut-down
procedures. Activities must not resume until the animal has been
confirmed to have left the area or an observation time period of 15
minutes without re-sighting has elapsed.
Proposed Monitoring Measures
Visual Marine Mammal Observation--the following visual monitoring
measures must be implemented:
Baseline biological monitoring must occur within one week before
the project's start date.
Monitoring distances, in accordance with the identified shutdown
zones, Level A and Level B zones, must be determined by using a range
finder, scope, hand-held global positioning system (GPS) device or
landmarks with known distances from the monitoring positions.
Monitoring locations must be established at locations offering best
views of the monitoring zone. One protected species observer (PSO) must
be stationed at the north end of the wharf monitoring the entire
observable area with a special focus on the section between Castro
Rocks and the wharf.
At least two PSOs must be actively scanning the monitoring zone
during all pile driving activities.
Observers must record all incidents of marine mammal occurrence,
regardless of distance from activity, and must document any behavioral
reactions in concert with distance from piles being driven or removed.
Monitoring must be continuous unless the contractor takes a break
longer than 2 hours from active pile and sheet pile driving, in which
case monitoring must be required 30 minutes prior to restarting pile
installation.
For in-water pile driving, under conditions of fog or poor
visibility that might obscure the presence of a marine mammal within
the shutdown zone or Level A zone, the pile in progress must be
completed and then pile driving suspended until visibility conditions
improve.
Monitoring of pile driving must be conducted by qualified PSOs, who
must have no other assigned tasks during monitoring periods. Chevron
must adhere to the following conditions when selecting observers: (1)
Independent PSOs must be used (i.e., not construction personnel); (2)
At least one PSO must have prior experience working as a marine mammal
observer during construction activities; (3) Other PSOs may substitute
education (degree in biological science or related field) or training
for experience; and (4) Chevron must submit PSO curriculum vitaes for
approval by NMFS.
Chevron must ensure that observers have the following additional
qualifications: (1) Ability to conduct field observations and collect
data according to assigned protocols; (2) Experience or training in the
field identification of marine mammals, including the identification of
behaviors; (3) Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations; (4) Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and (5) Ability to communicate orally, by
radio or in person, with project personnel to provide real-time
information on marine mammals observed in the area as necessary.
Hydroacoustic Monitoring--Sound Source Verification (SSV) testing
must be conducted as stipulated in the Hydroacoustic Monitoring Plan.
Acoustic monitoring must be conducted on the following: (1) Acoustic
monitoring for at least two timber piles (vibratory); (2) Acoustic
monitoring for at least four 24-inch square concrete piles (impact);
(3) Acoustic monitoring for at least two 20-inch steel piles
(vibratory); (4) Acoustic monitoring for at least two 36-inch steel
piles (vibratory); (5) Acoustic monitoring for at least two 60-inch
steel piles (impact); and (6) Acoustic monitoring of two 12-inch
composite piles (vibratory).
Testing must be conducted by an acoustical firm with prior
experience conducting SSV testing. Final results must be sent to NMFS
and may be used to establish shutdown and monitoring isopleths. Any
alterations to the shutdown or monitoring zones based on testing data
must be approved by NMFS.
Reporting
Marine Mammal Monitoring--A draft marine mammal monitoring report
must be submitted to NMFS within 90 days after the completion of pile
driving and removal activities or a minimum of 60 days prior to any
subsequent IHAs. A final report must be prepared and submitted to NMFS
within 30 days following receipt of comments on the draft report from
NMFS.
The report must include an overall description of work completed, a
narrative regarding marine mammal sightings, and associated marine
mammal observation data sheets. Specifically, the report must include:
(1) Dates and times (begin and end) of all marine mammal monitoring;
(2) Construction activities occurring during each daily observation
period, including how many and what type of piles were removed or
driven and by what method (i.e., impact, vibratory, drilling); (3)
Weather parameters and water conditions during each monitoring period
(e.g., wind speed, percent cover, visibility, sea state); (4) The
number of marine mammals observed, by species, relative to the pile
location and if pile
[[Page 37069]]
removal or installation was occurring at time of sighting; (5) Age and
sex class, if possible, of all marine mammals observed; (6) PSO
locations during marine mammal monitoring; (7) Distances and bearings
of each marine mammal observed to the pile being removed or driven for
each sighting (if pile removal or installation was occurring at time of
sighting); (8) Description of any marine mammal behavior patterns
during observation, including direction of travel; (9) Number of
individuals of each species (differentiated by month as appropriate)
detected within the monitoring zone, and estimates of number of marine
mammals taken, by species; (10) Detailed information about any
implementation of any mitigation triggered (e.g., shutdowns and
delays), a description of specific actions that ensued, and resulting
behavior of the animal, if any; (11) Description of attempts to
distinguish between the number of individual animals taken and the
number of incidences of take, such as ability to track groups or
individuals; and (12) Level B harassment exposures recorded by PSOs
must be extrapolated based upon the number of observed takes and the
percentage of the Level B harassment zone that was not visible.
Injury, Serious Injury, or Mortality--In the unanticipated event
that the specified activity clearly causes the take of a marine mammal
in a manner prohibited by the IHA, such as an injury, serious injury or
mortality, Chevron would immediately cease the specified activities and
report the incident to the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS (301-427-8701), and the
West Coast Regional Stranding Coordinator (562-980-3230). The report
must include the following: (1) Description of the incident; (2)
Environmental conditions (e.g., Beaufort sea state, visibility); (3)
Description of all marine mammal observations in the 24 hours preceding
the incident; (4) Species identification or description of the
animal(s) involved; (5) Fate of the animal(s); and (6) Photographs or
video footage of the animal(s) (if equipment is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with Chevron to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Chevron would not be able
to resume their activities until notified by NMFS via letter, email, or
telephone.
In the event that Chevron discovers an injured or dead marine
mammal, and the lead PSO determines that the cause of the injury or
death is unknown and the death is relatively recent (e.g., in less than
a moderate state of decomposition as described in the next paragraph),
Chevron would immediately report the incident to the Chief of the
Permits and Conservation Division, Office of Protected Resources, NMFS,
and the West Coast Regional Stranding Coordinator. The report would
include the same information identified in section above. Activities
would be able to continue while NMFS reviews the circumstances of the
incident. NMFS would work with Chevron to determine whether
modifications in the activities are appropriate.
In the event that Chevron discovers an injured or dead marine
mammal and the lead PSO determines that the injury or death is not
associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), Chevron would report the incident
to the Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, and the West Coast Regional Stranding
Coordinator within 24 hours of the discovery. Chevron would provide
photographs or video footage (if available) or other documentation of
the stranded animal sighting to NMFS and the Marine Mammal Stranding
Network.
Public Comments
A notice of NMFS' proposal to issue a Renewal IHA to Chevron was
published in the Federal Register on May 6, 2020 (85 FR 26962). That
notice either described, or referenced descriptions of, the Chevron'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 one entity,
the Marine Mammal Commission (Commission). The comments and our
responses are summarized below.
Comment 1: The Commission recommended that NMFS ensure that Chevron
is aware that it must abide by requirement 5(a)(iii) in the final
authorization, and ensures that the far-field observer is stationed at
the north, not the south end of the wharf, focuses on the area between
Castro Rocks and the wharf, and documents any reactions and takes of
the seals hauled out at Castro Rocks.
Response: NMFS has clarified with Chevron that at least two PSOs
are required to actively scan the shutdown and monitoring zones during
all pile driving activities; one PSO is required to be stationed at the
north end of the wharf monitoring the entire observable area with a
special focus on the section between Castro Rocks and the wharf.
Comment 2: The Commission recommends that NMFS ensure that its
internal acoustics expert reviews the hydroacoustic monitoring report
and underlying data before the report is accepted as final and before
any revised Level A or B harassment zones are used, including for
enumerating takes in the annual monitoring report.
Response: NMFS will ensure that the hydroacoustic monitoring report
is reviewed as needed prior to being accepted as final or being used as
a basis for revising harassment zones. However, NMFS does not concur
that Dr. Shane Guan must review every hydroacoustic report, as
suggested by the Commission. It is not appropriate for the Commission
to dictate the use of NMFS staff resources and NMFS will manage staff
review of hydroacoustic report based on the content and complexity of
the report, as well as the purpose of the review.
Comment 3: The Commission recommends that NMFS ensure that Chevron
uses the appropriate extents of the various Level B harassment zones
for extrapolation.
Response: NMFS will ensure that Chevron uses appropriate Level B
harassment zones for the purposes of extrapolating estimated Level B
harassment take in their final report.
Comment 4: The Commission recommends that NMFS ensure that Chevron
reports those animals that were observed and considered taken based on
when pile driving and removal is occurring and where the animals are
located.
Response: NMFS has made clear to Chevron that only marine mammals
observed during the monitoring period(s) defined in the Monitoring
Measures section of the IHA should be used to record the estimated
take, and that marine mammals observed in the vicinity of pile driving
prior to or after active pile driving occurs should be included in the
notes.
Comment 5: The Commission recommends that NMFS ensure that Chevron
reports the distances only in meters.
Response: NMFS has confirmed that Chevron will provide their
reporting data in meters.
Comment 6: The Commission recommends that NMFS ensure that Chevron
extrapolates the number(s) of each species taken based on the
[[Page 37070]]
number(s) observed and the extent of the unobserved portion of the
Level B harassment zone on each day and sums the daily extrapolated
takes across the authorization period.
Response: Chevron will average their take across days and then
apply the extrapolation factor to correct for the unobserved portion of
the Level B zone. However, NMFS has confirmed that Chevron will
differentiate their extrapolation of take calculations by pile driving
type (i.e., zone size) and then sum the extrapolated takes from the
different types, which should alleviate the concerns raised by the
Commission.
Comment 7: The Commission recommends that NMFS review all
monitoring reports, including having its acoustic expert review all
hydroacoustic monitoring reports, before accepting them as final to
ensure that the action proponent has abided by the monitoring and
reporting requirements under each incidental take authorization.
Response: NMFS acknowledges the need for a thorough review of all
monitoring reports and will ensure that hydroacoustic monitoring
reports are reviewed as needed prior to being accepted as final to
ensure that the action proponent has abided by the monitoring and
reporting requirements under each incidental take authorization.
Comment 8: The Commission recommends that NMFS refrain from issuing
renewals for any authorization and instead use its abbreviated Federal
Register notice process which is similarly expeditious and fulfills
NMFS's intent to maximize efficiencies.
Response: NMFS does not agree with the Commission and, therefore,
does not adopt the Commission's recommendation. NMFS will provide a
detailed explanation of its decision within 120 days, as required by
section 202(d) of the MMPA.
Comment 9: If NMFS continues to propose to issue renewals, the
Commission recommends that it (1) stipulate that a renewal is a one-
time opportunity (a) in all Federal Register notices requesting
comments on the possibility of a renewal, (b) on its web page detailing
the renewal process, and (c) in all draft and final authorizations that
include a term and condition for a renewal and, (2) if NMFS declines to
adopt this recommendation, explain fully its rationale for not doing
so.
Response: NMFS agrees with the Commission's recommendation and has
instituted this change.
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 IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHA 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 Renewal IHA qualifies to be categorically
excluded from further NEPA review.
Determinations
The authorized action of this Renewal IHA, both vibratory and
impact pile driving for removal and installation of piles, will be
identical to a subset of the activities analyzed in the 2019 IHA, as
listed in Table 2. Based on the analysis detailed in the notice of the
final IHA for 2019 authorization, of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS found that the total marine mammal take from the
activity will have a negligible impact on all affected marine mammal
species or stocks.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the 2019
IHA. This includes consideration of the estimated abundance of harbor
porpoise and California sea lion stock decreasing slightly. Based on
the information and analysis contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will affect 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) Chevron'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 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Renewal
NMFS has issued a Renewal IHA to Chevron for the take of marine
mammals incidental to conducting vibratory and impact pile driving for
removal and installation of piles at the Long Wharf in San Francisco
Bay, California during the in-water construction window of June 1
through November 30, 2020.
Dated: June 12, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-13101 Filed 6-18-20; 8:45 am]
BILLING CODE 3510-22-P
