Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to State Route 520 Pontoon Pile Removal Project, Aberdeen, Grays Harbor County, Washington, 68042-68058 [2020-23697]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Notices]
[Pages 68042-68058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23697]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA347]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to State Route 520 Pontoon Pile 
Removal Project, Aberdeen, Grays Harbor County, Washington

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments on proposed authorization and possible renewal.

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SUMMARY: NMFS has received a request from Washington State Department 
of Transportation (WSDOT) for authorization to take marine mammals 
incidental to State Route 520 Pontoon Construction Site--Marine Piling 
Removal Project in Aberdeen, Grays Harbor County, Washington. Pursuant 
to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments 
on its proposal to issue an incidental harassment authorization (IHA) 
to incidentally take marine mammals during the specified activities. 
NMFS is also requesting comments on a possible one-time, one-year 
renewal that could be issued under certain circumstances and if all 
requirements are met, as described in Request for Public Comments at 
the end of this notice. NMFS will consider public comments prior to 
making any final decision on the issuance of the requested MMPA 
authorizations and agency responses will be summarized in the final 
notice of our decision.

DATES: Comments and information must be received no later than November 
27, 2020.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. All comments received are a part of 
the public record and will generally be posted online at 
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Bonnie DeJoseph, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/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 may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of the takings are set forth.
    The definitions of all applicable MMPA statutory terms cited above 
are included in the relevant sections below.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an 
incidental harassment authorization) with respect to potential impacts 
on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental harassment authorizations with 
no anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS has preliminarily determined that the 
issuance of the proposed IHA qualifies to be categorically excluded 
from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA request.

Summary of Request

    On November 20, 2019, NMFS received a request from WSDOT for an IHA 
to take marine mammals incidental to the removal of 19-steel piles by 
vibratory pile driving at the mouth of the Chehalis River where it 
enters Grays Harbor, WA. WSDOT submitted four revisions. Three between 
November 2019 and July 2020 and the last on August 17, 2020, subsequent 
to it being deemed adequate and complete on July 30, 2020. Their 
request is for take of a small number of Pacific harbor seals

[[Page 68043]]

(Phoca vitulina); California sea lions (Zalophus californianus); 
Steller sea lions (Eumetopias jubatus); gray whales (Eschrichtius 
robustus); and harbor porpoises (Phocoena phocoena) by Level B 
harassment only. Neither WSDOT nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, an IHA is 
appropriate.

Description of Proposed Activity

Overview

    WSDOT proposes to remove 19 steel piles and associated barge launch 
guide appurtenances from the footprint of the casting basin launch 
channel within the Washington State Department of Natural Resources 
(DNR) aquatic easement lease area in Grays Harbor (Figures 1 and 2). 
WSDOT must remove the 19 steel piles on state owned aquatic lands to 
comply with the terms and conditions of the lease agreement with the 
Washington DNR. The piles were used to guide completed pontoons out of 
the casting basin and into Grays Harbor for transport to Lake 
Washington for the replacement of the SR520 floating-bridge.
    A vibratory extractor on a crane will be used to remove the piles 
over a six-day period with one day for mobilization and another day for 
demobilization on either end, for a total of eight days of in-water 
work. The crane will be located on a barge or flexi float, positioned 
near the piles. Sound in the water from vibratory pile driving may 
result in behavioral disturbance (or Level B harassment) of five marine 
mammal species.

Dates and Duration

    WSDOT reports in-water work at the project location is limited by 
the seasonal presence of ESA-listed fishes. Pile removal is estimated 
to take 14.75 hours over a six-day period with one day for mobilization 
and another day for demobilization on either end, for a total of eight 
days (Table 1). The proposed IHA would be effective for one year from 
date of issuance.

Specific Geographic Region

    The proposed project site is in Grays Harbor County, Washington 
(Figure 1), near where the Chehalis River enters Grays Harbor. Grays 
Harbor is an estuarine bay located in the Chehalis River Valley; 45 
miles (mi) (72 kilometers (km)) north of the mouth of the Columbia 
River, on the Southwest Pacific coast of Washington state.
    Grays Harbor is a large estuary fed by a 6734 square kilometers 
(km\2\) (2,600 square miles (mi\2\)) drainage basin formed by 
sedimentation and erosion caused by the Chehalis River, which enters 
the east end of the harbor, and the Pacific Ocean, which connects with 
the harbor to the west through a 2.9 km (1.8 mi) wide inlet. Grays 
Harbor is approximately 24 km (15 mi) long and 21 km (13 mi) across at 
its widest point, narrowing to fewer than 91.4 m (300 feet (ft)) in 
some places. River-borne sediments and marine deposits fill the harbor 
and compose the marsh and sheltered tidal flats of the harbor's 
interior shorelines.
    The average water depth in Grays Harbor is less than 6.1 m (20 ft). 
However, depths up to 24.4 m (80 ft) have been measured at the mouth of 
the harbor. Grays Harbor has three main channels: the north channel, 
middle channel, and south channel. The north channel contains the Grays 
Harbor Navigation Channel, a 44 km (27.5 mi) channel that extends from 
the Pacific Ocean to Cosmopolis. The middle and south channels remain 
shoaled by erosion and sediment deposits. Numerous shallow channels 
created by ebb tide flows and river discharges are present throughout 
the harbor (Northwest Area Committee 2013). Net surface flow is seaward 
and dominated by tidal currents, with a mean tide rise of about 2.7 m 
(9 ft) (NOAA 2015). Tides of this height typically cover up to 94 
square miles in Grays Harbor, while at mean lower low water, low tides 
typically cover fewer than 38 square miles, exposing large areas of 
mudflats, sandbars, and low islands dissected by multiple shallow 
channels (U.S. Army Corps of Engineers 2014 (ACE)). High flows on the 
Chehalis River can control currents in the upper portion of the harbor, 
especially during the winter when storms increase the flow in rivers 
and streams that feed Grays Harbor.
    The form and structure of Grays Harbor are largely determined by 
differences in the capacity of harbor inflows (flood currents) and 
ocean waves that transport sediment into the harbor and outflows (ebb 
currents) that transport sediment out of the harbor. Sediment 
accumulation in the seaward portion of the harbor is controlled 
primarily by redistribution of harbor silt by wind and waves and 
deposition of ocean sands by tidal action; sediment accumulations in 
the interior harbor are controlled by river inputs (U.S. ACE 2014). 
Beyond the harbor to the west, the connection to the Pacific Ocean 
extends between two low-lying peninsulas. The ocean side of the inlet 
is protected by two rock jetties (north and south) that include above-
water and submerged sections.
    The inner harbor is heavily industrialized with major port 
facilities, an airport, pulp mills, landfills, sewage treatment plants, 
and log storage facilities. Grays Harbor provides commercial shipping 
access to cities and ports up the Chehalis River. Land use in the 
Aberdeen area is a mix of residential, commercial, industrial, and open 
space and/or undeveloped lands (Figure 1).
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TN27OC20.001

BILLING CODE 3510-22-C

Detailed Description of Specific Activity

    The proposed project will remove 19 steel piles and associated 
launch guide appurtenances from the casting basin launch channel within 
the DNR aquatic easement lease area of Grays Harbor (Table 1). The 
piles are various sizes (18-, 24 and 48-inch) and are located 
immediately waterward of the pontoon casting basin at water depths 
ranging from -3.1 to -9.9 ft mean lower low water (MLLW). A crane will 
be operated from a barge or flexi float positioned near the piles. The 
barge will be prohibited from disturbing the river substrate; it will 
be positioned in approximately 1.2--3.4 m (4--11 ft) of water during 
low tides, depending upon pile location. Piles will be removed with a 
single vibratory hammer rig on the barge and recovered to the same 
barge. See Table 1 for a detailed summary of pile activities. One day 
for mobilization and demobilization may be added on either end for a 
total of nine days of in-water work. Weather, unforeseen issues and 
shut-downs due to marine mammals entering the work site could also 
result in the pile removal activities extending beyond 7 days.

[[Page 68045]]



                                                       Table 1--Summary of Pile Driving Activities
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                                                                                                                                               Activity
             Method                    Pile type         Estimated noise     Number of   Minutes per   Total time   Piles per     Time per      period
                                                             level *           piles         pile       (hours)        day      day (hours)   (days) **
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Vibratory Removal...............  48-inch steel pile.  171 dBRMS..........            1           45         0.75            1         0.75            1
Vibratory Removal...............  24-inch steel pile.  162 dBRMS..........           17           45        12.75            4            3            5
Vibratory Removal...............  18-inch steel pile.  162 dBRMS..........            1           45         0.75            1         0.75            1
                                 -----------------------------------------------------------------------------------------------------------------------
    Total.......................  ...................  ...................           19           45        14.25            6        14.25            7
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* Origin of project sound source levels discussed in Estimated Take section.
** Pile removal activities will be conducted across 11-hour (at maximum) work days, but a ``day'' of work may not require 11 hours. NMFS increased the
  estimated removal time of the 18 and 48-inch piles from 0.5 day, as proposed by WSDOT, to 1 day, to reflect a more realistic representation of the
  potential schedule; i.e., the potential that the two piles maybe removed on separated days.

    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see Proposed 
Mitigation and Proposed Monitoring and Reporting).

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's 
website (https://www.fisheries.noaa.gov/find-species).
    Table 2 lists all species or stocks for which take is expected and 
proposed to be authorized for this action, and summarizes information 
related to the population or stock, including regulatory status under 
the MMPA and ESA and potential biological removal (PBR), where known. 
For taxonomy, we follow Committee on Taxonomy (2020). PBR is defined by 
the MMPA as the maximum number of animals, not including natural 
mortalities, that may be removed from a marine mammal stock while 
allowing that stock to reach or maintain its optimum sustainable 
population (as described in NMFS's SARs). While no mortality is 
anticipated or authorized here, PBR and annual serious injury and 
mortality from anthropogenic sources are included here as gross 
indicators of the status of the species and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. Pacific SARs (e.g., Carretta, et al., 2020). All values 
presented in Table 2 are the most recent available at the time of 
publication and are available in the 2019 SARs (Carretta, et al., 2020) 
(available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports).

                                     Table 2--Marine Mammals Potentially Present in the Vicinity of the Study Areas
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                                                                                         ESA/MMPA status;    Stock abundance (CV,
             Common name                  Scientific name               Stock             strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \1\         abundance  survey) \2\               SI \3\
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                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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Family Eschrichtiidae:
    Gray whale......................  Eschrichtius robustus..  Eastern North Pacific..  -, -, N             26,960 (0.05, 25,849,         801        139
                                                                                                             2016).
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                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Phocoenidae
(porpoises):
    Harbor Porpoise.................  Phocoena...............  Northern OR/WA Coast...  -, -, N             21,487 (0.44, 15,123,         151      >=3.0
                                                                                                             2011).
                                                         Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and
 sea lions):
    California sea lion.............  Zalophus californianus.  U.S....................  -, -, N             257,606 (N/A,233,515,      14,011       >320
                                                                                                             2014).
    Steller sea lion................  Eumetopias jubatus.....  Eastern................  -, -, N             43,201 \4\ (see SAR,        2,592        113
                                                                                                             43,201, 2017).
Family Phocidae (earless seals).....
    Harbor Seal.....................  Phoca vitulina           Oregon/Washington        -, -, N             24,732 \5\ (UNK, UNK,         UND       10.6
                                       richardii.               Coastal.                                     1999).
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\1\ Endangered Species Act (ESA) status: Endangered I, Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ NEST is the best estimate of pup and non-pup counts, which have not been corrected to account for animals at sea during abundance surveys.

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\5\ Abundance estimate for this stock is not considered current. PBR is therefore considered undetermined, as there is no current minimum abundance
  estimate for use in calculation. We nevertheless present the most recent abundance estimate, as it represents the best available information for use
  in this document.

    As indicated above, all five species (with five managed stocks) in 
Table 2 temporally and spatially co-occur with the activity to the 
degree that take is reasonably likely to occur, and we have proposed 
authorizing it. All species that could potentially occur in the 
proposed survey areas are included in Table 3-1 of the IHA application.

Gray Whale

    Gray whales occur along the eastern and western margins of the 
North Pacific. From mid-February to May, the Eastern North Pacific 
stock of gray whales can be seen migrating northward with newborn 
calves along the west coast of the United States In the fall, gray 
whales migrate from their summer feeding grounds, heading south along 
the coast of North America to spend the winter in their breeding and 
calving areas off the coast of Baja California, Mexico. During summer 
and fall, most whales in the Eastern North Pacific stock feed in the 
Chukchi, Beaufort and northwestern Bering Seas (Carretta et al., 2020), 
with the exception of a relatively small number of whales (~200 
individuals) that summer and feed along the Pacific coast between 
Kodiak Island, Alaska and northern California, known as the known as 
the Pacific Coast Feeding Group (PCFG) (Calambokidis et al., 2002).
    It is believed that some of the gray whale sightings in Grays 
Harbor are from the PCFG. Calambokidis and Quan's (1997) 1996 survey 
reported 27 gray whales in the harbor. A 13-year (1998-2010) 
collaborative study reported the most sightings in Grays Harbor and its 
surrounding coastal waters during the months of April and October, 40 
and 27, respectively (Calambokidis et al., 2012). A review of existing 
data (Calambokidis et al., 2015) corroborates Grays' Harbor as one of 
28 Biologically Important Areas (BIA) for gray whales in U.S. waters 
along the West Coast. This is based on 183 sightings primarily 
occurring from April to November for 17 years. Calambokidis et al., 
(2019) used photographic identification from small boat surveys over a 
22 year time span (1996-2017) to report 99 unique gray whales in the 
Grays Harbor area from June through November.

Harbor Porpoise

    Harbor porpoise occur along the U.S. West Coast from southern 
California to the Bering Sea (Carretta et al., 2019). They inhabit both 
coastal and inland waters; primarily in water depths less than 
approximately 200 m and are most abundant from shore to about the 92 m 
(50-fathom) isobath (Barlow 1988; Forney et al., 1991; Carretta et al., 
2001, 2009). They rarely occur in waters warmer than 62.6 degrees 
Fahrenheit (17 degrees Celsius; Read 1990) and are most often observed 
in small groups of one to eight animals (Baird 2003). Furthermore, they 
are known to be particularly sensitive to anthropogenic impacts such as 
bycatch in fisheries and disturbance by vessel traffic or underwater 
noise (Calambokidis et al., 2015).
    NMFS conducted aerial line-transect surveys between 2007 and 2012 
(Forney et al., 2014). The NMSDD (2019) used the sighting data to 
geographically stratify line-transect density estimates for harbor 
porpoise offshore Washington.
    Adams et al., (2014) completed the Pacific Continental Shelf 
Environmental Assessment (PaCSEA) during 2011 and 2012, which included 
replicated surveys over the continental shelf slope from shore to the 
2000 m isobaths along 32 broad-scale transects from Fort Bragg, 
California (39[deg] N) through Grays Harbor, Washington (47[deg] N). 
Finer scale surveys were also conducted over the continental shelf 
within six designated focal areas, including Grays Harbor. Harbor 
porpoises were found to be present year-round (164 sightings of 270 
individuals) and most frequently sighted within the inner-shelf domain 
throughout the entire study area in all seasons with noteworthy 
aggregations within the Eureka, Siltcoos, and Grays Harbor Focal Areas. 
Calambokidis et al., (2015) reported a primary occurrence of 183 
sightings of gray whales in Grays Harbor from April to November over 17 
years of sightings.

California Sea Lion

    California sea lions occur from Vancouver Island, British Columbia, 
to the southern tip of Baja California. Sea lions breed on the offshore 
islands of southern and central California from May through July (Heath 
& Perrin 2008). During the non-breeding season, adult and sub adult 
males and juveniles migrate northward along the coast to central and 
northern California, Oregon, Washington, and Vancouver Island 
(Jefferson et al., 1993). They return south the following spring (Heath 
& Perrin 2008; Lowry & Forney 2005). Females and some juveniles tend to 
remain closer to rookeries (Antonelis et al., 1990; Melin et al., 
2008).
    Pupping occurs primarily on the California Channel Islands from 
late May until the end of June (Peterson & Bartholomew 1967). Weaning 
and mating occur in late spring and summer during the peak upwelling 
period (Bograd et al., 2009). After the mating season, adult males 
migrate northward to feeding areas as far away as the Gulf of Alaska 
(Lowry et al., 1992), and they remain away until spring (March-May), 
when they migrate back to the breeding colonies. Adult females 
generally remain south of Monterey Bay, California throughout the year, 
feeding in coastal waters in the summer and offshore waters in the 
winter, alternating between foraging and nursing their pups on shore 
until the next pupping/breeding season (Melin & DeLong 2000; Melin et 
al., 2008).
    Since the mid-1980s, increasing numbers of California sea lions 
have been documented feeding on fish along the Washington coast and, 
more recently, in the Columbia River as far upstream as Bonneville Dam, 
233 km (145 mi) from the river mouth. All age classes of males are 
seasonally present in Washington waters (Jeffries et al., 2000). 
Jeffries et al., (2015) sighted 113 sea lions during four aerial 
surveys in Grays Harbor from November 2014 to March 2015. The nearest 
documented California sea lion haul-out sites to the project site are 
at the Westport Docks, approximately 23 km (14 mi) west of the project 
site near the entrance to Grays Harbor (Jeffries et al., 2015), and a 
haulout observed in 1997 referred to as the Mid-Harbor flats located 
approximately 10 km (6 mi) west of the project site (WDFW 2020).
    California sea lions do not avoid areas with heavy or frequent 
human activity, but rather may approach certain areas to investigate. 
This species typically does not flush from a buoy or haulout if 
approached.

Steller Sea Lion

    Steller sea lions occur along the North Pacific Rim from northern 
Japan to California (Loughlin et al., 1984). Their range comprises the 
coasts to the outer shelf from northern Japan through the Kuril Islands 
and Okhotsk Sea, through the Aleutian Islands, central Bering Sea, 
southern Alaska, and south to California (NOAA 2019d). Two stocks of 
Steller sea lions are recognized, Western and Eastern stocks, divided 
at 144[deg] W longitude (Muto et al., 2020). Only individuals from the 
Eastern stock are

[[Page 68047]]

expected to occur in the proposed project area.
    The eastern stock of Steller sea lions has historically bred on 
rookeries located in Southeast Alaska, British Columbia, Oregon, and 
California. However, within the last several years a new rookery has 
become established on the outer Washington coast (at the Carroll Island 
and Sea Lion Rock complex), with >100 pups born there in 2015 (Muto et 
al., 2018). Breeding adults occupy rookeries from late-May to early-
July (NMFS 2008). Non-breeding adults use haulouts or occupy sites at 
the periphery of rookeries during the breeding season (NMFS 2008).
    Pupping occurs from mid-May to mid-July (Pitcher & Calkins 1981) 
and peaks in June (Pitcher et al., 2002). Territorial males fast and 
remain on land during the breeding season (NMFS 2008). Females with 
pups generally stay within 30 km of the rookeries in shallow (30-120 m) 
water when feeding (NMFS 2008). Tagged juvenile Steller sea lions 
showed localized movements near shore (Briggs et al., 2005) and 
Loughlin et al., (2003) reported that most (88 percent) at-sea 
movements of juvenile Steller sea lions were short (< 15 km), foraging 
trips. Although Steller sea lions are not considered migratory, 
foraging animals can travel long distances (Loughlin et al., 2003; 
Raum-Suryan et al., 2002). During the summer, they mostly forage within 
60 km from the coast, whereas in winter they can range up to 200 km 
from shore (Ford 2014).
    Twenty-two haulouts (excluding most navigation buoys) occur in 
Washington. They are mainly distributed along the state's outer coast 
on offshore rocks, coastal islands, and jetties. Steller sea lions were 
not surveyed in Jeffries et al. (2015) 2014-2015 aerial surveys of 
Grays Harbor. However, they were observed on the Westport docks during 
six surveys. The range of annual maximum numbers of Steller sea lions 
present on other nearby haul-out sites from 1976-2014 include the 
following: Split Rock/Rock 535, 56 km (35 mi) north of the entrance to 
Grays Harbor (100-500 individuals); at the mouth of the Columbia River, 
74 km (46 mi) south of the entrance to Grays Harbor (100-2,000 
individuals); and the Bodelteh Island area, 154 km (95 mi) north of 
Grays Harbor, is the most populated (150-2,000 individuals) of the 
seven haul-out sites in the northern Olympic Coast (Wiles 2015). 
Additionally, the NOAA Marine Mammal Stranding database (NMMSD, 2020) 
documented 77 Steller sea lions strandings in Grays Harbor and adjacent 
coastal area from June 2010 to February 2020. The closest stranding was 
located in Aberdeen, approximately 1.86 km (1.6 mi) from the project 
site.
    The Navy adjusted the 2017 projected abundances of Steller sea 
lions to account for time spent hauled out in order to calculate the 
density of sea lions off the Washington coast. In the fall sea lions 
are anticipated to be in the water 53 percent of the time, and 64 
percent of the time in the spring and winter (NMSDD 2019).

Pacific Harbor Seals

    Five stocks of harbor seals (Phoca vitulina richardii) are 
recognized within U.S. West Coast waters: (1) Southern Puget Sound; (2) 
Washington Northern Inland Waters; (3) Hood Canal; (4) Oregon/
Washington Coast; and (5) California. The Oregon/Washington coast stock 
occurs in the proposed project area.
    Harbor seals are the most abundant breeding pinniped species in the 
Pacific Northwest (Peterson et al., 2012). Abundance in Washington 
increased from the 1970s through the 1990s and then stabilized at near 
carrying-capacity levels (Calambokidis et al., 1985; Jeffries et al., 
2003) after a drastic reduction by a bounty program in the Pacific 
Northwest from 1914 until June 1964 (Zier & Gaydos 2014). In 1999 
aerial surveys were flown at midday low tides during pupping season to 
determine the distribution and abundance of harbor seals in 
Washington--the last in a 22-year time series of systematic surveys 
(Jefferies et al., 2003).
    Harbor seals mate at sea, and females give birth during the spring 
and summer, although, the pupping season varies with latitude. Pupping 
takes place at many locations, and rookery size varies from a few pups 
to many hundreds of pups. Pups are nursed for an average of 24 days and 
are ready to swim minutes after being born. Nursery areas in Grays 
Harbor are located in areas around Whitcomb Flats, Mid-Harbor Flats, 
Sand Island shoals, Sand Island, Goose Island, Chenoise Creek channels, 
and in North Bay. Peak harbor seal abundances occur during the pupping 
season (mid-April through June) and the annual molt (July through 
August) (Jeffries et al., 2000).
    With the exception of long-distance travels recorded by males 
belonging to the Washington Inland stock, adult harbor seals have been 
considered to have highsite fidelity. Specifically, those in the 
Pacific Northwest typically remain within <30 km of their primary haul-
out site (Peterson et al., 2012).
    Hundreds of harbor seal haul-out sites have been identified along 
Washington's coastal and inland waters, including intertidal sand bars 
and mudflats in estuaries, intertidal rocks and reefs, sandy, cobble, 
and rocky beaches, islands, log booms, docks, and floats in all marine 
areas of the state. Fifteen are located on the intertidal mudflats and 
sand bars of Grays Harbor (Jeffries et al., 2000). The closest 
recognized harbor seal haul-out site to the project site is Mid-harbor 
Flats, a low-tide haulout located approximately 10 km (6 mi) west of 
the project site.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok & Ketten 1999; Au & Hastings 2008). To reflect this, 
Southall et al., (2007) recommended that marine mammals be divided into 
functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 
decibel (dB) threshold from the normalized composite audiograms, with 
the exception for lower limits for low-frequency cetaceans where the 
lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al., (2007) retained. Marine mammal hearing 
groups and their associated hearing ranges are provided in Table 3.

[[Page 68048]]



            Table 3--Marine Mammal Hearing Groups (NMFS 2018)
------------------------------------------------------------------------
         Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans    7 Hz to 35 kHz.
 (baleen whales).
Mid-frequency (MF) cetaceans    150 Hz to 160 kHz.
 (dolphins, toothed whales,
 beaked whales, bottlenose
 whales).
High-frequency (HF) cetaceans   275 Hz to 160 kHz.
 (true porpoises, Kogia, river
 dolphins, cephalorhynchid,
 Lagenorhynchus cruciger & L.
 australis).
Phocid pinnipeds (PW)           50 Hz to 86 kHz.
 (underwater) (true seals).
Otariid pinnipeds (OW)          60 Hz to 39 kHz.
 (underwater) (sea lions and
 fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).

    The pinniped functional hearing group was modified from Southall et 
al., (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth & Holt 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of available information. 
Five marine mammal species (2 cetacean and 3 pinniped (2 otariid and 1 
phocid) species) have the reasonable potential to co-occur with the 
proposed survey activities. Please refer to Table 2. Of the cetacean 
species that may be present, one is classified as a low-frequency 
cetacean (i.e., all mysticete species) and one is classified as a high-
frequency cetacean (i.e., harbor porpoise).

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The Estimated Take section later in this document 
includes a quantitative analysis of the number of individuals that are 
expected to be taken by this activity. The Negligible Impact Analysis 
and Determination section considers the content of this section, the 
Estimated Take section, and the Proposed Mitigation section, to draw 
conclusions regarding the likely impacts of these activities on the 
reproductive success or survivorship of individuals and how those 
impacts on individuals are likely to impact marine mammal species or 
stocks.
    The WSDOT's proposed activities using in-water pile removal could 
adversely affect marine mammal species and stocks by exposing them to 
elevated noise levels in the vicinity of the activity area.
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran et 
al. 2005). Factors that influence the amount of threshold shift include 
the amplitude, duration, frequency content, temporal pattern, and 
energy distribution of noise exposure. The magnitude of hearing 
threshold shift normally decreases over time following cessation of the 
noise exposure. The amount of threshold shift just after exposure is 
the initial threshold shift. If the threshold shift eventually returns 
to zero (i.e., the threshold returns to the pre-exposure value), it is 
a temporary threshold shift (Southall et al. 2007).

Threshold Shift (Noise-Induced Loss of Hearing)

    When animals exhibit reduced hearing sensitivity (i.e., sounds must 
be louder for an animal to detect them) following exposure to an 
intense sound or sound for long duration, it is referred to as a noise-
induced threshold shift (TS). An animal can experience temporary 
threshold shift (TTS) or permanent threshold shift (PTS). TTS can last 
from minutes or hours to days (i.e., there is complete recovery), can 
occur in specific frequency ranges (i.e., an animal might only have a 
temporary loss of hearing sensitivity between the frequencies of 1 and 
10 kilohertz (kHz)), and can be of varying amounts (for example, an 
animal's hearing sensitivity might be reduced initially by only 6 dB or 
reduced by 30 dB). PTS is permanent, but some recovery is possible. PTS 
can also occur in a specific frequency range and amount as mentioned 
above for TTS.
    For marine mammals, published data are limited to the captive 
bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless 
porpoise (Finneran et al., 2000, 2002, 2003, 2005, 2007, 2010a, 2010b; 
Finneran & Schlundt, 2010; Lucke et al., 2009; Mooney et al., 2009a, 
2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; Schlundt et 
al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in water, data 
are limited to measurements of TTS in harbor seals, an elephant seal, 
and California sea lions (Kastak et al., 1999, 2005; Kastelein et al., 
2012b).
    Lucke et al. (2009) found a TS of a harbor porpoise after exposing 
it to airgun noise with a received sound pressure level (SPL) at 200.2 
dB (peak-to-peak) re: 1 micropascal ([mu]Pa), which corresponds to a 
sound exposure level of 164.5 dB re: 1 [mu]Pa\2\ s after integrating 
exposure. Because the airgun noise is a broadband impulse, one cannot 
directly determine the equivalent of root-mean-square (rms) SPL from 
the reported peak-to-peak SPLs. However, applying a conservative 
conversion factor of 16 dB for broadband signals from seismic surveys 
(McCauley, et al., 2000) to correct for the difference between peak-to-
peak levels reported in Lucke et al. (2009) and rms SPLs, the rms SPL 
for TTS would be approximately 184 dB re: 1 [mu]Pa, and the received 
levels associated with PTS (Level A harassment) would be higher. 
Therefore, based on these studies, NMFS recognizes that TTS of harbor 
porpoises is lower than other cetacean species empirically tested 
(Finneran & Schlundt 2010; Finneran et al., 2002; Kastelein & Jennings 
2012).
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to serious 
(similar to those discussed in auditory masking, below). For example, a 
marine mammal may be able to readily compensate for a brief, relatively 
small amount of TTS in a non-critical frequency range that occurs 
during a time where ambient noise is lower and there are not as many 
competing sounds present. Alternatively, a larger amount and longer 
duration of TTS sustained during time when communication is critical 
for successful mother/calf interactions could have more serious

[[Page 68049]]

impacts. Also, depending on the degree and frequency range, the effects 
of PTS on an animal could range in severity, although it is considered 
generally more serious because it is a permanent condition. Of note, 
reduced hearing sensitivity as a simple function of aging has been 
observed in marine mammals, as well as humans and other taxa (Southall 
et al., 2007), so one can infer that strategies exist for coping with 
this condition to some degree, though likely not without cost.
    In addition, exposure to noise could cause masking at particular 
frequencies for marine mammals, which utilize sound for vital 
biological functions (Clark et al., 2009). Acoustic masking is when 
other noises such as from human sources interfere with animal detection 
of acoustic signals such as communication calls, echolocation sounds, 
and environmental sounds important to marine mammals. Therefore, under 
certain circumstances, marine mammals whose acoustical sensors or 
environment are being severely masked could also be impaired from 
maximizing their performance fitness in survival and reproduction.
    Masking occurs at the frequency band that the animals utilize. 
Therefore, since noise generated from vibratory pile driving is mostly 
concentrated at low frequency ranges, it may have less effect on high 
frequency echolocation sounds by odontocetes (toothed whales). However, 
lower frequency man-made noises are more likely to affect detection of 
communication calls and other potentially important natural sounds such 
as surf and prey noise. It may also affect communication signals when 
they occur near the noise band and thus reduce the communication space 
of animals (e.g., Clark et al., 2009) and cause increased stress levels 
(e.g., Foote et al., 2004; Holt et al., 2009).
    Unlike TS, masking, which can occur over large temporal and spatial 
scales, can potentially affect the species at population, community, or 
even ecosystem levels, as well as individual levels. Masking affects 
both senders and receivers of the signals and could have long-term 
chronic effects on marine mammal species and populations. Recent 
science suggests that low frequency ambient sound levels have increased 
by as much as 20 dB (more than three times in terms of sound pressure 
level) in the world's ocean from pre-industrial periods, and most of 
these increases are from distant shipping (Hildebrand 2009). The noises 
from WSDOT's vibratory pile removal activities contribute to the 
elevated ambient noise levels in the project area; thus, increasing 
potential for or severity of masking.
    Finally, marine mammals' exposure to certain sounds could lead to 
behavioral disturbance (Richardson et al., 1995), such as: Changing 
durations of surfacing and dives, number of blows per surfacing, or 
moving direction and/or speed; reduced/increased vocal activities; 
changing/cessation of certain behavioral activities (such as 
socializing or feeding); visible startle response or aggressive 
behavior (such as tail/fluke slapping or jaw clapping); avoidance of 
areas where noise sources are located; and/or flight responses (e.g., 
pinnipeds flushing into water from haulouts or rookeries).
    The onset of behavioral disturbance from anthropogenic noise 
depends on both external factors (characteristics of noise sources and 
their paths) and the receiving animals (hearing, motivation, 
experience, demography) and is also difficult to predict (Southall et 
al., 2007). For the WSDOT's construction activities, only continuous 
noise is considered for effects analysis because WSDOT plans to use 
vibratory pile removal.
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be biologically significant if the change affects 
growth, survival, and/or reproduction, which depends on the severity, 
duration, and context of the effects.
    In 2016, the Alaska Department of Transportation and Public 
Facilities (ADOT&PF) documented observations of marine mammals during 
construction activities (i.e., pile driving) at the Kodiak Ferry Dock 
(see 80 FR 60636, October 7, 2015). In the marine mammal monitoring 
report for that project (ABR 2016), 1,281 Steller sea lions were 
observed within the Level B disturbance zone during pile driving or 
drilling (i.e., documented as Level B harassment take). Of these, 19 
individuals demonstrated an alert behavior, 7 were fleeing, and 19 swam 
away from the project site. All other animals (98 percent) were engaged 
in activities such as milling, foraging, or fighting and did not change 
their behavior. In addition, two sea lions approached within 20 meters 
(m) of active vibratory pile driving activities. Three harbor seals 
were observed within the disturbance zone during pile driving 
activities; none of them displayed disturbance behaviors. Fifteen 
killer whales and three harbor porpoise were also observed within the 
Level B harassment zone during pile driving. The killer whales were 
travelling or milling while all harbor porpoises were travelling. No 
signs of disturbance were noted for either of these species. Given the 
similarities in activities, habitat, and some of same species involved, 
we expect similar behavioral responses of marine mammals to Gray 
Harbor's specified activity. That is, disturbance, if any, is likely to 
be temporary and localized (e.g., small area movements).

Marine Mammal Habitat Effects

    WSDOT's construction activities could have localized, temporary 
impacts on marine mammal habitat and their prey by increasing in-water 
sound pressure levels and slightly decreasing water quality. Increased 
noise levels may affect acoustic habitat (see masking discussion above) 
and adversely affect marine mammal prey in the vicinity of the project 
area (see discussion below). During vibratory pile driving, elevated 
levels of underwater noise would ensonify a small section of Grays 
Harbor where both fishes and mammals occur and could affect foraging 
success. Additionally, marine mammals may avoid the area during 
construction, however, displacement due to noise is expected to be 
temporary and is not expected to result in long-term effects to the 
individuals or populations. Construction activities are of short 
duration and would likely have temporary impacts on marine mammal 
habitat through increases in underwater and airborne sound.
    A temporary and localized increase in turbidity near the seafloor 
would occur in the immediate area surrounding the area where piles are 
installed or removed. In general, turbidity associated with pile 
installation is localized to about a 7.6 m (25 ft) radius around the 
pile (Everitt et al., 1980). Cetaceans are not expected to be close 
enough to the pile driving areas to experience effects of turbidity, 
and any pinnipeds could avoid localized areas of turbidity. Strong 
water flow from the Chehalis River into the channels of Grays Harbor is 
anticipated to disperse any additional suspended sediments produced by 
project activities at moderate to rapid rates depending on tidal stage. 
Therefore, we expect the impact from increased turbidity levels to be 
discountable to marine mammals and do not discuss it further.

In-Water Construction Effects on Potential Foraging Habitat

    Grays Harbor is an established food habitat for marine mammals, 
including as a BIA for gray whales. However, the project area is 
outside of their range at the back of the harbor where the mouth

[[Page 68050]]

of the Chehalis River conjoins with the harbor, and the ensonified area 
is a small portion of the harbor. Furthermore, their seasonal migration 
pattern takes them to breeding and calving areas off the coast of Baja 
California for winter; hence, even the PCFG is expected to be further 
south during the project's timeline. Overall, the total benthic area 
affected by pile removal is a very small area compared to the vast 
foraging area available to marine mammals in Grays Harbor, and no areas 
of particular importance to marine mammals will be impacted by the 
action. However, pile removal will remove substrate for invertebrate 
prey that have populated them over the years.
    Avoidance by potential prey (i.e., fish) of the immediate area due 
to the temporary loss of this foraging habitat is also possible. The 
duration of fish avoidance of this area after pile driving stops is 
unknown, but a rapid return to normal recruitment, distribution and 
behavior is anticipated. Any behavioral avoidance by fish of the 
disturbed area would still leave significantly large areas of fish and 
marine mammal foraging habitat in the nearby vicinity.
    In-Water Construction Effects on Potential Prey--Sound may affect 
marine mammals through impacts on the abundance, behavior, or 
distribution of prey species (e.g., crustaceans, cephalopods, fish, 
zooplankton). Marine mammal prey varies by species, season, and 
location. Here, we describe studies regarding the effects of noise on 
known marine mammal prey.
    Fish utilize the soundscape and components of sound in their 
environment to perform important functions such as foraging, predator 
avoidance, mating, and spawning (e.g., Zelick & Mann, 1999; Fay, 2009). 
Depending on their hearing anatomy and peripheral sensory structures, 
which vary among species, fishes hear sounds using pressure and 
particle motion sensitivity capabilities and detect the motion of 
surrounding water (Fay et al., 2008). The potential effects of noise on 
fishes depends on the overlapping frequency range, distance from the 
sound source, water depth of exposure, and species-specific hearing 
sensitivity, anatomy, and physiology. Key impacts to fishes may include 
behavioral responses, hearing damage, barotrauma (pressure-related 
injuries), and mortality.
    Fish react to sounds which are especially strong and/or 
intermittent low-frequency sounds, and behavioral responses such as 
flight or avoidance are the most likely effects. Short duration, sharp 
sounds can cause overt or subtle changes in fish behavior and local 
distribution. The reaction of fish to noise depends on the 
physiological state of the fish, past exposures, motivation (e.g., 
feeding, spawning, migration), and other environmental factors. 
Hastings and Popper (2005) identified several studies that suggest fish 
may relocate to avoid certain areas of sound energy. Additional studies 
have documented effects of pile driving on fish, although several are 
based on studies in support of large, multiyear bridge construction 
projects (e.g., Scholik & Yan, 2001, 2002; Popper and Hastings, 2009). 
Several studies have demonstrated that impulse sounds might affect the 
distribution and behavior of some fishes, potentially impacting 
foraging opportunities or increasing energetic costs (e.g., Fewtrell & 
McCauley 2012; Pearson et al., 1992; Skalski et al., 1992; Santulli et 
al., 1999; Paxton et al., 2017). However, some studies have shown no or 
slight reaction to impulse sounds (e.g., Pena et al., 2013; Wardle et 
al., 2001; Jorgenson & Gyselman 2009; Cott et al., 2012).
    The most likely impact to fish from pile removal activities at the 
project area would be temporary behavioral avoidance of the area. The 
duration of fish avoidance of this area after pile driving stops is 
unknown, but a rapid return to normal recruitment, distribution and 
behavior is anticipated.
    Construction activities, in the form of increased turbidity, have 
the potential to adversely affect forage fish and juvenile salmonid out 
migratory routes in the project area. Both herring and salmon form a 
significant prey base for many marine mammal species that occur in the 
project area. Increased turbidity is expected to occur in the immediate 
vicinity (on the order of 3 m (10 ft) or less) of construction 
activities. Given the limited area affected and high tidal and river 
flow dilution rates any effects on forage fish and salmon are expected 
to be minor or negligible.
    In summary, given the short daily duration of sound associated with 
individual pile driving events and the relatively small areas being 
affected, pile removal activities associated with the proposed action 
are not likely to have a permanent, adverse effect on any fish habitat, 
or populations of fish species. Any behavioral avoidance by fish of the 
disturbed area would still leave significantly large areas of fish and 
marine mammal foraging habitat in the nearby vicinity. Thus, we 
conclude that impacts of the specified activity are not likely to have 
more than short-term adverse effects on any prey habitat or populations 
of prey species. Further, any impacts to marine mammal habitat are not 
expected to result in significant or long-term consequences for 
individual marine mammals, or to contribute to adverse impacts on their 
populations.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of ``small numbers'' and the negligible impact 
determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance, which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to sound from vibratory pile removal. Based on 
the nature of the activity, Level A harassment is neither anticipated 
nor proposed to be authorized.
    As described previously, no mortality is anticipated or proposed to 
be authorized for this activity. Below we describe how the take is 
estimated.
    Generally speaking, we estimate take by considering: (1) Acoustic 
thresholds above which NMFS believes the best available science 
indicates marine mammals will be behaviorally harassed or incur some 
degree of permanent hearing impairment; (2) the area or volume of water 
that will be ensonified above these levels in a day; (3) the density or 
occurrence of marine mammals within these ensonified areas; and, (4) 
and the number of days of activities. We note that while these basic 
factors can contribute to a basic calculation to provide an initial 
prediction of takes, additional information that can qualitatively 
inform take estimates is also sometimes available (e.g., previous 
monitoring results or average group size). Below, we describe the 
factors considered here in more detail and present the proposed take 
estimate.

Acoustic Thresholds

    NMFS recommends the use of acoustic thresholds that identify the

[[Page 68051]]

received level of underwater sound above which exposed marine mammals 
would be reasonably expected to be behaviorally harassed (equated to 
Level B harassment) or to incur PTS of some degree (equated to Level A 
harassment).
    Level B Harassment for non-explosive sources--Though significantly 
driven by received level, the onset of behavioral disturbance from 
anthropogenic noise exposure is also informed to varying degrees by 
other factors related to the source (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al., 2007, 
Ellison et al., 2012). Based on what the available science indicates 
and the practical need to use a threshold based on a factor that is 
both predictable and measurable for most activities, NMFS uses a 
generalized acoustic threshold based on received level to estimate the 
onset of behavioral harassment. NMFS predicts that marine mammals are 
likely to be behaviorally harassed in a manner we consider Level B 
harassment when exposed to underwater anthropogenic noise above 
received levels of 120 dB re 1 [mu]Pa (root mean square (rms)) for 
continuous (e.g., vibratory pile-driving, drilling) and above 160 dB re 
1 [mu]Pa (rms) for non-explosive impulsive (e.g., seismic airguns) or 
intermittent (e.g., scientific sonar) sources.
    WSDOT's proposed activity includes the use of a continuous source 
(vibratory pile removal); therefore, the 120 dB re 1 [mu]Pa (rms) is 
applicable.
    Level A harassment for non-explosive sources--NMFS' Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual 
criteria to assess auditory injury (Level A harassment) to five 
different marine mammal groups (based on hearing sensitivity) as a 
result of exposure to noise from two different types of sources 
(impulsive or non-impulsive). WSDOT's proposed activity includes the 
use of non-impulsive (vibratory pile removal) sources.
    These thresholds are provided in the table below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS 2018 Technical Guidance, which may be accessed at 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.

                     Table 4--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
                                                     PTS onset acoustic thresholds * (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1 Lpk,flat: 219 dB     Cell 2 LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans...........  Cell 3 Lpk,flat: 230 dB     Cell 4 LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans..........  Cell 5 Lpk,flat: 202 dB     Cell 6 LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7 Lpk,flat: 218 dB     Cell 8 LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9 Lpk,flat: 232 dB     Cell 10 LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
  has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to reflect American
  National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as
  incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
  ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
  generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
  the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
  and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
  be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
  it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds, which include source levels and transmission loss 
coefficient.
    The sound field in the project area is the existing background 
noise plus additional construction noise from the proposed project. 
Marine mammals are expected to be affected via sound generated by 
vibratory pile removal.
    Vibratory hammers produce constant sound when operating, and 
produce vibrations between 1,200 and 2,400 vibrations per minute that 
liquefy the sediment surrounding the pile, allowing it to be removed 
with an upward lift from the crane. The actual duration to remove each 
pile depends on the type and size of the pile, sediment 
characteristics, etc.
    In order to calculate distances to the Level A harassment and Level 
B harassment sound thresholds for piles of various sizes being used in 
this project, NMFS used acoustic monitoring data from other locations 
to develop source levels for the various pile types, sizes and methods. 
NMFS derived the project sound source levels from reviewing vibratory 
pile driving source levels in the Naval Base Kitsap at Bangor Trident 
Support Facilities EHW-2 Project Acoustic Monitoring Report (2013), 
CALTRANS Compendium (2015), and Naval Base Kitsap at Bangor Test Pile 
Program Acoustic Monitoring Report (I&R 2012) (See Table 5). Since 
adequate data was not available for 18-inch steel piles the vibratory 
pile driving of 24-inch steel pile, with more than 100 data points, 
with a source level of 162 dB RMS was used as a proxy. NMFS believes 
the available data for 48-inch steel piles may be underestimated in 
comparison to more robust data for 30 and 36-inch steel piles. Hence, 
the 75th percentile of the sample was used rather than the median noise 
level (165 dB RMS) to ensure the selected source level is adequately 
representative of actual source levels.

[[Page 68052]]



                  Table 5--Project Sound Source Levels
------------------------------------------------------------------------
                  Pile driving activity                    Source level
------------------------------------------------------------------------
            Hammer type                   Pile type           dB RMS
------------------------------------------------------------------------
Vibratory Removal.................  18-inch steel pile..             162
                                    24-inch steel pile..             162
                                    48-inch steel pile..             171
------------------------------------------------------------------------
Note: Estimated sound source level at 10 meters without attenuation.

Level B Harassment Zones

    Transmission loss (TL) is the decrease in acoustic intensity as an 
acoustic pressure wave propagates out from a source. TL parameters vary 
with frequency, temperature, sea conditions, current, source and 
receiver depth, water depth, water chemistry, and bottom composition 
and topography. The general formula for underwater TL is: TL = B * 
Log10 (R1/R2), where

    TL = transmission loss in dB
    B = transmission loss coefficient; for practical spreading 
equals 15
    R1 = the distance of the modeled SPL from the driven pile, and
    R2 = the distance from the driven pile of the initial 
measurement

    The recommended TL coefficient for most nearshore environments is 
the practical spreading value of 15. This value results in an expected 
propagation environment that would lie between spherical and 
cylindrical spreading loss conditions, which is the most appropriate 
assumption for WSDOT's proposed activity.
    Using the practical spreading model, WSDOT determined underwater 
noise would fall below the behavioral effects threshold of 120 dB rms 
for marine mammals. NMFS independently estimated the Level B harassment 
areas using geographic information system (GIS) tools to eliminate land 
masses and other obstacles that block sound propagation at high tide. 
Such topographic barriers limit the maximum distance from being 
attained in all directions as shown by the actual ensonified areas 
calculated (Figure 2). The estimated Level B harassment distances and 
associated areas (as limited by topographic barriers), summarized in 
Table 6, determines the maximum potential Level B harassment zones for 
the project.

             Table 6--Level B Isopleths for Each Pile Type.
------------------------------------------------------------------------
                                              Level B
           Vibratory pile type             isopleth (m)    Area (km\2\)
------------------------------------------------------------------------
18-inch steel pile......................           6,310             9.1
24-inch steel pile......................           6,310             9.1
48-inch steel pile......................          25,120           15.35
------------------------------------------------------------------------

                                                          [GRAPHIC] [TIFF OMITTED] TN27OC20.002
                                                          

[[Page 68053]]

Level A Harassment Zones

    When the NMFS Technical Guidance (2016) was published, in 
recognition of the fact that ensonified area/volume could be more 
technically challenging to predict because of the duration component in 
the new thresholds, we developed a User Spreadsheet that includes tools 
to help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which may result in some degree of 
overestimate of Level A harassment take. However, these tools offer the 
best way to predict appropriate isopleths when more sophisticated 3D 
modeling methods are not available, and NMFS continues to develop ways 
to quantitatively refine these tools, and will qualitatively address 
the output where appropriate. For stationary sources such as vibratory 
pile removal, NMFS User Spreadsheet predicts the distance at which, if 
a marine mammal remained at that distance the whole duration of the 
activity, it would incur PTS. Inputs used in the User Spreadsheet, and 
the resulting isopleths are reported below (Tables 7 and 8).

        Table 7--NMFS Technical Guidance User Spreadsheet Input to Calculate Level A Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                Method                                             Vibratory removal
----------------------------------------------------------------------------------------------------------------
Pile Type............................  48-inch steel pile.....  24-inch steel pile.....  18-inch steel pile.
Source Level (RMS SPL)...............  171 dBRMS..............  162 dBRMS..............  162 dBRMS.
Weighting Factor Adjustment (kHz)....  2.5....................  2.5....................  2.5.
Number of Piles per day..............  1......................  4......................  1.
Duration to drive a single pile (min)  45.....................  45.....................  45.
Distance of source level measurement   10.....................  10.....................  10.
 (m).
----------------------------------------------------------------------------------------------------------------

    The above input scenarios lead to PTS isopleth distances (Level A 
thresholds) of 0.3 to 39 meters (128 ft), depending on the marine 
mammal group and scenario (Table 8).

     Table 8--Calculated Distances (m) to Level A Harassment Isopleths During Pile Removal Per Hearing Group
----------------------------------------------------------------------------------------------------------------
                                                           Level A harassment zone (m)
                                --------------------------------------------------------------------------------
           Pile Type              Low-frequency   Mid-frequency   High-frequency      Phocid          Otariid
                                    cetaceans       cetaceans       cetaceans        pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
48-inch steel pile.............              26               2               39              16               1
24-inch steel pile.............              17               1               24              10               1
18-inch steel pile.............               7               1               10               4               0
----------------------------------------------------------------------------------------------------------------

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.

Gray Whale

    Photo identification, monitoring data, and stranding data 
corroborates the presence of gray whales in Grays Harbor and the 
adjacent coastal waters, as described in the Description of Marine 
Mammals in the Area of Specified Activities section above. Yet, these 
sources do not provide density data specific to Grays Harbor. 
Calambokidis et al., (1997, 2015, 2019) is a collection of more than 20 
years of photo identification data, but it does not provide enough 
information suitable for derivation of a density value. The U.S. 101/
Chehalis River Bridge Scour Repair Project Marine Mammal Monitoring 
Report (WSDOT 2019) showed no observations of this species. 
Approximately 29 gray whale strandings were documented in Grays Harbor 
and adjacent coastal area from February 2010 to August 2019 (NMMSD 
2020); the closest to the project was found in mudflats near the tip of 
Bowerman Airfield, ~9.82 km (6.10 mi) from the project site, in 2018. 
The NMSDD (2019) estimated the offshore density of gray whales from 
July to December to be 0.020167 gray whales/km\2\. Using it in 
estimated take calculations yielded a low value for gray whales (<2) in 
Grays Harbor that, in NMFS' estimation, did not properly reflect the 
variability of group sizes and the real likelihood of encounter.
    Their group size is known to fluctuate by activity, which in turn 
correlates to season. During migration, they are solo or in small 
groups. On the feeding grounds, whales are customarily seen solo or in 
small, widely dispersed groups. Larger, loosely formed aggregations do 
occur on feeding and breeding grounds, but are in constant flux (Wursig 
et al., 2018). Gray whale occurrence off the Washington coast is 
expected to consist primarily of PCFG whales from July-November, 
feeding from five BIAs before migrating to the southern breeding 
grounds for winter (NMSDD 2019).
Harbor Porpoise
    Without the species count breakdown of aerial surveys in Grays 
Harbor (Adam et al., 2014) or information necessary to derive density 
values from photo identification data (Calambokidis et al., 2015), the 
NMSDD (2019) annual value for harbor porpoises offshore of Grays 
Harbor, 0.467/km\2\ is the most appropriate data source to calculate 
take.
California Sea Lion
    The closest of the 116 California sea lion strandings reported in 
Grays Harbor and adjacent coastal area from August 2010 to February 
2020, was located in Aberdeen, approximately 1.86 km (1.6 mi) from the 
project site (NMMSD 2020). Without a correction factor to incorporate 
those sea lions in the water during aerial haulout surveys of Grays 
Harbor (Jeffries et al., 2015), the density of only individuals hauled 
out from

[[Page 68054]]

November to March is 0.12 seal lions/km\2\. Since the appropriate data 
is not available to calculate the accurate density of all individuals 
using Grays Harbor, the offshore density of 0.5573 sea lions/km\2\ 
during September through November (NMSDD 2019) was used.
Steller Sea Lion
    Because density data is not available for Grays Harbor, the NMSDD 
(2019) fall offshore density of 0.139 Steller sea lions/km\2\ is used.
Harbor Seal
    Because aerial surveys of harbor seals on land only produce a 
minimum assessment of the population a correction factor to account for 
the missing animals is necessary to estimate total abundance. The total 
counts from 2014 Grays Harbor aerial surveys (Jeffries et al., 2015) 
were multiplied by the regional correction factor of 1.43 (Huber et 
al., 2001) to yield the estimated harbor seal abundance. The average 
survey count (7495 seals/survey) was used to calculate density by 
dividing by the area of Grays Harbor:
[GRAPHIC] [TIFF OMITTED] TN27OC20.003

    The density data specific to Grays Harbor (Jeffries et al., 2015) 
is preferred over the NMSDD's (2019) estimated density for waters 
offshore Washington, 0.3424 harbor seals/km\2\.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    Level A harassment take is not likely because of the small injury 
zones; the largest Level A harassment distance is 40 m (131 ft) from 
the source for high-frequency cetaceans (harbor porpoise). NMFS 
considers that WSDOT can effectively monitor such small zones to 
implement shutdown measures and avoid Level A harassment takes, and 
that harbor porpoise in particular are more likely to avoid the 
construction activity than remain within the zone for the full duration 
necessary to accumulate sufficient energy to incur injury. Therefore, 
no Level A harassment take of marine mammals is proposed or authorized.
    Take numbers were calculated using the information aggregated in 
the NMSDD (U.S. Navy, 2019) for the harbor porpoise, California sea 
lion, and Steller sea lion. Where a low to high range of densities is 
given for a species, the high-end density value was used in the 
applicable season (i.e., fall/winter). In these cases, take numbers 
were calculated as:

Total Take = marine mammal density x ensonified area x pile removal 
days

    Specific adjustments for calculating take numbers for gray whales 
and harbor seals are provided below.
     Evaluated use of data value (offshore) and result is what 
we consider underestimate of value. Because recent data for gray whales 
in Grays Harbor does not provide enough information to derive a density 
value, and because the Level B harassment zone stretches across the 
length of Grays Harbor, and the flexible group size correlated to 
season, we propose Level B harassment take of 1 gray whale per day of 
construction activity 1 x 7 days = 7 gray whales.
     The density of harbor seals in Grays Harbor based on 
Jeffries' et al., (2015) aerial surveys (described above) replaces the 
NMSDD density value in the Total Take equation above.

                                           Table 9--Input for Level B Harassment Take Calculations per Species
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Level B      Level B
              Species                Density  (#/  area 48-in  area  18/24-  #Days  48-   #Days  24-   #Days  18-    Level B      Level B      Level B
                                        km\2\)      (km\2\)    in  (km\2\)      in *          in         in **      take 48-in   take 24-in   take 18-in
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray Whale.........................      * 0.020        15.35          9.1            1            5            1         0.31          0.7          0.2
Harbor Porpoise....................        0.467        15.35          9.1            1            5            1            7           17            4
CA Sea Lion........................        0.557        15.35          9.1            1            5            1            9           20            5
Steller Sea Lion...................        0.139        15.35          9.1            1            5            1            2            5            1
Harbor Seal........................        30.85        15.35          9.1            1            5            1          473         1123          281
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Density was not used in the calculation of estimated take for gray whales.


    Table 10--Proposed Authorized Level B Harassment Take, by Species and Stock and Percent of Take by Stock
----------------------------------------------------------------------------------------------------------------
                                                                   Proposed take                    Percent of
                             Species                                  level B      % Population        stock
----------------------------------------------------------------------------------------------------------------
Gray Whale......................................................               7            0.03            <0.1
Harbor Porpoise.................................................              28            0.13             0.1
CA Sea Lion.....................................................              34           0.013            <0.1
Steller Sea Lion................................................               8            0.02            <0.1
Harbor Seal.....................................................            1877            7.59             7.6
----------------------------------------------------------------------------------------------------------------

Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to the 
activity, and other means of effecting the least practicable impact on 
the species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of the species or stock for taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for

[[Page 68055]]

incidental take authorizations to include information about the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting the activity or other means of 
effecting the least practicable adverse impact upon the affected 
species or stocks and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned), the likelihood of effective implementation (probability 
implemented as planned), and;
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    The following mitigation measures are proposed in the IHA:

Temporal and Seasonal Restrictions

    Timing restrictions would be used to avoid in-water work when ESA-
listed salmonids are most likely to be present. Furthermore, work is 
planned to occur only during daylight hours, when visual monitoring of 
marine mammals can be effectively conducted (30 minutes after sunrise 
to 30 minutes before sunset).

Establishment of Shutdown Zone

    WSDOT will establish a shutdown zone for all pile driving and 
removal activities. The purpose of a shutdown zone is generally to 
define an area within which shutdown of activity would occur upon 
sighting of a marine mammal (or in anticipation of an animal entering 
the defined area). Shutdown zones will vary based on the activity type 
and marine mammal hearing group (Error! Reference source not found.4). 
The largest shutdown zones are generally for high frequency cetaceans, 
as shown in Table 11.

                             Table 11--Shutdown Zones During Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                               Low- frequency  High- frequency       Phocid          Otariid
                  Pile type                      cetaceans        cetaceans        pinnipeds        pinnipeds
----------------------------------------------------------------------------------------------------------------
48-inch steel pile..........................               30               40               20               10
24-inch steel pile..........................               20               30               15               10
18-inch steel pile..........................               10               10               10               10
----------------------------------------------------------------------------------------------------------------

    For in-water heavy machinery activities other than pile driving, if 
a marine mammal comes within 10 m, operations must cease and vessels 
must reduce speed to the minimum level required to maintain steerage 
and safe working conditions. WSDOT must also implement shutdown 
measures if the cumulative total number of individuals observed within 
the Level B harassment monitoring zones for any particular species 
reaches the number authorized under the IHA and if such marine mammals 
are sighted within the vicinity of the project area and are approaching 
the Level B Harassment zone during in-water construction activities.

Monitoring for Level B Harassment

    WSDOT will monitor the Level B harassment and the Level A 
harassment zones. Monitoring zones provide utility for observing by 
establishing monitoring protocols for areas adjacent to the shutdown 
zones. Monitoring zones enable observers to be aware of and communicate 
the presence of marine mammals in the project area outside the shutdown 
zone and thus prepare for a potential halt of activity should the 
animal enter the shutdown zone. Placement of Protected Species 
Observers (PSO) will allow PSOs to observe marine mammals within the 
Level B harassment zones.

Pre-Activity Monitoring

    Prior to the start of daily in-water construction activity, or 
whenever a break in pile removal of 30 minutes or longer occurs, PSOs 
will observe the shutdown and monitoring zones for a period of 30 
minutes. The shutdown zone will be considered cleared when a marine 
mammal has not been observed within the zone for that 30-minute period. 
If a marine mammal is observed within the shutdown zone, operations 
cannot proceed until the animal has left the zone or has not been 
observed for 15 minutes. When a marine mammal for which Level B 
harassment take is authorized is present in the Level B harassment 
zone, activities may begin and Level B harassment take will be 
recorded. If work ceases for more than 30 minutes, the pre-activity 
monitoring of the shutdown zones will commence.

Non-Authorized Take Prohibited

    If a species enters or approaches the Level B harassment zone and 
that species is not authorized for take, pile driving and removal 
activities must shut down immediately. Activities must not resume until 
the animal has been confirmed to have left the area or an observation 
time period of 15 minutes has elapsed.
    Based on our evaluation of the applicant's mitigation measures, 
NMFS has preliminarily determined that the required mitigation measures 
provide the means effecting the least practicable impact on the 
affected species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
proposed action area. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS

[[Page 68056]]

should contribute to improved understanding of one or more of the 
following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.

Visual Monitoring

    Marine mammal monitoring must be conducted in accordance with the 
Monitoring section of the application and Section 5 of the IHA. Marine 
mammal monitoring during pile removal must be conducted by NMFS-
approved PSOs in a manner consistent with the following:
     Independent PSOs (i.e., not construction personnel) who 
have no other assigned tasks during monitoring periods must be used;
     At least one PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization;
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience; and
     WSDOT must submit PSO Curriculum Vitae for approval by 
NMFS prior to the onset of pile driving.
    PSOs must 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.
    Two PSOs will be employed. PSO locations will provide an 
unobstructed view of all water within the shutdown zone, and as much of 
the Level B harassment zones as possible. PSO locations are as follows:
    (1) At the pile driving site or best vantage point practicable to 
monitor the shutdown zones; and
    (2) On shore, south of Mid-harbor Flats or best vantage point to 
monitor the harbor seal haul-out site during construction activities.
    Monitoring will be conducted 30 minutes before, during, and 30 
minutes after pile driving/removal activities. In addition, observers 
shall record all incidents of marine mammal occurrence, regardless of 
distance from activity, and shall document any behavioral reactions in 
concert with distance from piles being driven or removed. 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 or drilling equipment is no more than 30 minutes.

Reporting

    A draft marine mammal monitoring report will be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities, or 60 days prior to a requested date of issuance of any 
future IHAs for projects at the same location, whichever comes first. 
The report will include an overall description of work completed, a 
narrative regarding marine mammal sightings, and associated PSO data 
sheets. Specifically, the report must include:
     Dates and times (begin and end) of all marine mammal 
monitoring;
     Construction activities occurring during each daily 
observation period, including how many and what type of piles were 
removed;
     Environmental conditions during monitoring periods (at 
beginning and end of PSO shift and whenever conditions change 
significantly), including Beaufort sea state and any other relevant 
weather conditions including cloud cover, fog, sun glare, and overall 
visibility to the horizon, and estimated observable distance (if less 
than the harassment zone distance);
     The number of marine mammals observed, by species, 
relative to the pile location and if pile driving or removal was 
occurring at time of sighting;
     Age and sex class, if possible, of all marine mammals 
observed;
     PSO locations during marine mammal monitoring;
     Distances and bearings of each marine mammal observed to 
the pile being driven or removed for each sighting (if pile driving or 
removal was occurring at time of sighting);
     Description of any marine mammal behavior patterns during 
observation, including direction of travel and estimated time spent 
within the Level A and Level B harassment zones while the source was 
active;
     Number of marine mammals detected within the harassment 
zones, by species;
     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;
     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
     Submit all PSO datasheets and/or raw sighting data (in a 
separate file from the Final Report referenced immediately above).
    If no comments are received from NMFS within 30 days, the draft 
final report will constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.

Reporting Injured or Dead Marine Mammals

    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, WSDOT shall report the 
incident to the Office of Protected Resources (OPR), NMFS and to the 
regional stranding coordinator as soon as feasible. If the

[[Page 68057]]

death or injury was clearly caused by the specified activity, WSDOT 
must immediately cease the specified activities until NMFS is able to 
review the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of the IHA. The IHA-holder must not resume their activities until 
notified by NMFS. The report must include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    To avoid redundancy this introductory discussion of our analyses 
applies to all of the species listed in Error! Reference source not 
found.0, given that many of the anticipated effects of this project on 
different marine mammal stocks are expected to be relatively similar in 
nature. Pile removal activities have the potential to disturb or 
displace marine mammals. Specifically, the project activities may 
result in take, in the form of Level B harassment from underwater 
sounds generated from pile removal. Potential takes could occur if 
individuals are present in the Level B harassment zone when these 
activities are underway.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
     No mortality is anticipated or authorized;
     No takes by Level A harassment are anticipated or 
authorized. Takes by Level B harassment constitute less than 8 percent 
of the best available abundance estimates for all stocks;
     Take would occur over a short timeframe (6 days of active 
pile removal) during the IHA effective period) and not occur in places 
and/or times where take would be more likely to accrue to impacts on 
reproduction or survival, such as within ESA-designated or proposed 
critical habitat;
     Stock is not known to be declining or suffering from known 
contributors to decline (e.g., unusual mortality event (UME), oil spill 
effects); and
     Monitoring reports from similar work from the Chehalis 
River Bridge Scour Repair Project have documented little to no effect 
on individuals of the same species impacted by the specified 
activities.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be taken is fewer than one third of the species or stock 
abundance, the take is considered to be of small numbers. Additionally, 
other qualitative factors may be considered in the analysis, such as 
the temporal or spatial scale of the activities.
    The amount of take NMFS proposes to authorize of all species or 
stocks is below one third of the estimated stock abundance (in fact, 
take of individuals is less than 8 percent of the abundance for all 
affected stocks). These are all likely conservative estimates because 
they assume all takes are of different individual animals which is 
likely not the case. Some individuals may return multiple times in a 
day, but PSOs would count them as separate takes if they cannot be 
individually identified.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

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

[[Page 68058]]

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.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to WSDOT for conducting State Route 520 Pontoon Pile 
Removal Project, Aberdeen, Grays Harbor County, Washington over 
approximately six days, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses, the proposed authorization, and 
any other aspect of this notice of proposed IHA for the proposed 
removal of pilings. We also request at this time comment on the 
potential Renewal of this proposed IHA as described in the paragraph 
below. Please include with your comments any supporting data or 
literature citations to help inform decisions on the request for this 
IHA or a subsequent Renewal IHA.
    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, or nearly identical, activities as described in the 
Description of Proposed Activity section of this notice is planned or 
(2) the activities as described in the Description of Proposed Activity 
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 this 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); 
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 will remain the same and 
appropriate, and the findings in the initial IHA remain valid.

    Dated: October 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-23697 Filed 10-26-20; 8:45 am]
BILLING CODE 3510-22-P