Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port of Kalama Expansion Project on the Lower Columbia River, 76527-76532 [2020-26344]
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
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part, if a party who requested the review
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rescinding this review, in part, with
respect to these companies, pursuant to
19 CFR 351.213(d)(1).
The instant review will continue with
respect to the following companies:
BRTEC Wheel Hub Bearing Co., Ltd.;
C&U Group Shanghai Bearing Co., Ltd.;
Hebei Xintai Bearing Forging Co., Ltd.;
Shanghai Tainai Bearing Co., Ltd.;
Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co.,
Ltd.; and Zhejiang Jingli Bearing
Technology Co., Ltd.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
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this review is rescinded, antidumping
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the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
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Register.
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importers of their responsibility under
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presumption that reimbursement of
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Request for Administrative Review,’’ dated
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Request for the Administrative Review of the
Antidumping Duty Order on Tapered Roller
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570–601 (POR: 6/1/19–5/31/20),’’ dated August 18,
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Bearing from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated September 9, 2020; and SGBC’s Letter,
‘‘Tapered Roller Bearing from the People’s Republic
of China: Withdrawal of Request for Administrative
Review,’’ dated September 4, 2020.
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This notice is issued and published in
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777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: November 24, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–26334 Filed 11–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA623]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Port of Kalama
Expansion Project on the Lower
Columbia River
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of Renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a Renewal
incidental harassment authorization
(IHA) to the Port of Kalama (POK) to
incidentally harass marine mammals
incidental to construction activities
associated with an expansion project at
the POK on the Lower Columbia River,
Washington.
DATES: This Renewal IHA is valid from
November 23, 2020 through October 18,
2021.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
SUMMARY:
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76527
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act
(MMPA) prohibits the ‘‘take’’ of marine
mammals, with certain exceptions.
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed incidental take authorization
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
circumstances. Specifically, on a case-
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by-case basis, NMFS may issue a onetime 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 the Specified Activities and
Anticipated Impacts section of this
notice is planned or (2) the activities as
described in the Description of the
Specified Activities and Anticipated
Impacts section of this notice would not
be completed by the time the IHA
expires and a Renewal would allow for
completion of the activities beyond that
described in the Dates and Duration
section of the notice of proposed IHA
for the initial IHA, 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.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
Renewal. A description of the Renewal
process may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
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History of Request
On September 28, 2015, we received
a request from the POK for authorization
of the taking, by Level B harassment
only, of marine mammals incidental to
the construction associated with the
Port of Kalama Expansion Project,
which involved construction of the
Kalama Marine Manufacturing and
Export Facility including a new marine
terminal for the export of methanol, and
installation of engineered log jams,
restoration of riparian wetlands, and the
removal of existing wood piles in a side
channel as mitigation activities. The
specified activity is expected to result in
the take of three species of marine
mammals (harbor seals (Phoca vitulina),
California sea lions (Zalophus
californianus), and Steller sea lions
(Eumetopias jubatus)). A final version of
the application, which we deemed
adequate and complete, was submitted
on December 10, 2015. We published a
notice of a proposed IHA and request for
comments on March 21, 2016 (81 FR
15064). After the public comment
period and before we issued the final
IHA, POK requested that we issue the
IHA for 2017 instead of the 2016 work
season. We subsequently published the
final notice of our issuance of the IHA
on December 12, 2016 (81 FR 89436),
effective from September 1, 2017August 31, 2018. In-water work
associated with the project was
expected to be completed within the
one-year timeframe of the IHA.
On June 21, 2018, POK informed
NMFS that work relevant to the
specified activity considered in the
MMPA analysis for the 2017–2018 IHA
was postponed and would not be
completed. POK requested that the IHA
be issued to be effective for the period
from 2018—2019. In support of that
request, POK submitted an application
addendum affirming that no change in
the proposed activities is anticipated
and that no new information regarding
the abundance of marine mammals is
available that would change the
previous analysis and findings. A notice
for the proposed incidental take
authorization was published on July 25,
2018 (83 FR 35220), and a corrected
notice was published on August 14,
2018 (83 FR 40257). On November 13,
2018, NMFS published final notice of
our issuance of an IHA authorizing take
of marine mammals incidental to the
Port of Kalama Expansion Project (83 FR
56304). The effective dates of that IHA
were October 18, 2018 through October
18, 2019.
On August 21, 2019, POK informed
NMFS that the project had been delayed
by one year. None of the work identified
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in the IHA (i.e. pile driving and
removal) had occurred and no take of
any marine mammals had occurred
since the effective date of the initial
IHA. POK submitted a formal request for
an identical IHA, but with modified
effective dates, in order to conduct the
construction work that was analyzed
and authorized through the previously
issued IHA. On October 17, 2019, NMFS
issued an IHA to POK to take marine
mammals incidental to construction
activities at the Port of Kalama (84 FR
57013; October 24, 2019), effective from
October 19, 2019 through October 18,
2020 (hereafter referred to as the initial
IHA).
On August 27, 2020, NMFS received
an application for the Renewal of that
initial IHA. As described in the request
for the Renewal IHA, the activities for
which incidental take is requested are
identical to those covered in the initial
authorization. In order to consider an
IHA Renewal, NMFS requires the
applicant provide a preliminary
monitoring report which confirms that
the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted. As no
construction activities have been
conducted, POK has no monitoring
results to report. NMFS has determined
that POK’s proposed activities
(including mitigation, monitoring, and
reporting), estimated incidental take,
and anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the initial IHA.
Description of the Specified Activities
and Anticipated Impacts
POK’s planned activities include
construction of a marine terminal and
dock/pier for the export of methanol,
and associated compensatory mitigation
activities for the purposes of offsetting
habitat effects from the action.
Specifically, the location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the
original IHA.
Similarly, the anticipated impacts are
identical to those described in the initial
IHA. NMFS anticipates the take of three
species of marine mammals (Pacific
harbor seals, California sea lions, and
Steller sea lions) by Level A and Level
B harassment incidental to underwater
noise resulting from construction
associated with the proposed activities.
The following documents are
referenced in this notice and include
important supporting information:
• Initial reissued IHA (84 FR 57013;
October 24, 2019);
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• Initial final IHA (83 FR 56304;
November 13, 2018);
• Initial proposed IHA (83 FR 40257;
August 14, 2018);
• 2017 final IHA (81 FR 89436;
December 12, 2016);
• 2017 proposed IHA (81 FR 15064;
March 21, 2016); and
• 2017 and 2018 IHA applications,
references cited, and previous public
comments received (available at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities).
Detailed Description of the Activity
POK is planning to construct a marine
terminal and dock/pier for the export of
methanol, and associated compensatory
mitigation activities for the purposes of
offsetting habitat effects from the action.
The marine terminal will be
approximately 45,000 square feet in
size, supported by 320 concrete piles
(24-inch precast octagonal piles to be
driven by impact hammer) and 16 steel
piles (12 x 12-inch and 4 x 18-inch
anticipated to be driven by vibratory
hammer, and impact hammering will
only be done to drive/proof if
necessary). The compensatory
mitigation includes installation of 8
engineered log jams, which will be
anchored by untreated wooden piles
driven by impact hammer at low tides
(not in water). The compensatory
mitigation also includes removal of
approximately 320 untreated wooden
piles from an abandoned U.S. Army
Corps of Engineers (USACE) dike in a
nearby backwater area. The piles will be
removed either by direct pull or
vibratory extraction. Finally, the
compensatory mitigation includes
wetland restoration and enhancement
by removal of invasive species and
replacement with native wetland
species.
A detailed description of the
construction activities for which take is
authorized may be found in the Federal
Register notice of proposed IHA for the
2017 authorization (81 FR 15064; March
21, 2016). As stated above, location,
timing (e.g., seasonality), and nature of
the pile driving operations, including
the type and size of piles and the
methods of pile driving, are identical to
those analyzed in the initial IHA. The
IHA Renewal is effective from the date
of issuance (November 23, 2020) to
October 18, 2021 (i.e., one year after the
expiration of the initial IHA).
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take is authorized here, including
information on abundance, status,
distribution, and hearing, may be found
in the Federal Register notices for the
proposed IHA for the initial
authorization (83 FR 40257; August 14,
2018) and 2017 IHA (81 FR 15064;
March 21, 2016). NMFS has reviewed
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature. The 2019 Stock Assessment
Report notes the estimated abundance of
the Eastern U.S. stock of Steller sea
lions has decreased slightly. However,
NMFS has determined that neither this
nor any other new information affects
which species or stocks have the
potential to be affected or the pertinent
information in the Description of the
Marine Mammals in the Area of
Specified Activities contained in the
76529
supporting documents for the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
may be found in the Federal Register
notices for the proposed initial IHA (83
FR 40257; August 14, 2018) and 2017
IHA (81 FR 15064; March 21, 2016).
NMFS has reviewed recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that neither this nor any
other new information affects our initial
analysis of impacts on marine mammals
and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
Federal Register notices for the
proposed initial IHA (83 FR 40257;
August 14, 2018) and 2017 IHA (81 FR
15064; March 21, 2016). Specifically,
the source levels, days of operation, and
marine mammal occurrence data
applicable to this authorization remain
unchanged from the previously issued
IHA. Similarly, the stocks taken,
methods of take, and types of take
remain unchanged from the previously
issued IHA, as do the number of takes,
which are indicated below in Table 1.
The estimated abundance of Steller sea
lions has decreased from that described
in the initial IHA (Muto et al., 2020),
therefore the percent of stock proposed
to be taken has increased.
TABLE 1—AUTHORIZED TAKE AND PROPORTION OF POPULATION POTENTIALLY AFFECTED
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Authorized
take by
level B
harassment
Authorized
take by
level A
harassment
Harbor seal ........................................
California sea lion ..............................
Steller sea lion ...................................
1,530
372
372
Description of Mitigation, Monitoring
and Reporting Measures
accurate. The following measures are
included in this Renewal:
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA (83 FR 56304;
November 13, 2018), and the discussion
of the least practicable adverse impact
included in that document remains
Mitigation Requirements
In summary, mitigation includes
implementation of shut down
procedures if any marine mammal
approaches or enters the Level A
harassment zone for pile driving (26
meters (m) (85 feet (ft)) for vibratory pile
driving of steel piles; 63 m (207 ft) for
impact driving of concrete piles; and
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10
0
0
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Abundance
of stock
Stock
Oregon/Washington Coast ..............
U.S. ..................................................
Eastern U.S. ....................................
Sfmt 4703
24,732
153,337
43,201
Percentage
of stock
potentially
affected
6.2
0.2
0.86
252 m (828 ft) for impact driving of steel
piles). For in-water heavy machinery
work other than pile driving (e.g.
standard barges, barge-mounted cranes,
excavators, etc.), 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.
One trained observer must monitor to
implement shutdowns and collect
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information at each active pile driving
location (whether vibratory or impact
driving of steel or concrete piles).
Pile driving activities must only be
conducted during daylight hours. If the
shutdown zone is obscured by fog or
poor lighting conditions, pile driving
must not be initiated until the entire
shutdown zone is visible. Work that has
been initiated appropriately in
conditions of good visibility may
continue during poor visibility. The
shutdown zone must be monitored for
30 minutes prior to initiating the start of
pile driving, during the activity, and for
30 minutes after activities have ceased.
If pinnipeds are present within the
shutdown zone prior to pile driving, the
start must be delayed until the animals
leave the shutdown zone of their own
volition, or until 15 minutes elapse
without re-sighting the animal(s).
Soft start procedures must be
implemented at the start of each day’s
impact pile driving and at any time
following cessation of impact driving for
a period of thirty minutes or longer. If
steel piles require impact installation or
proofing, a bubble curtain must be used
for sound attenuation. If water velocity
is 1.6 ft per second (1.1 miles per hour
(mph)) or less for the entire installation
period, the pile being driven must be
surrounded by a confined or unconfined
bubble curtain that will distribute small
air bubbles around 100 percent of the
pile perimeter for the full depth of the
water column. If water velocity is
greater than 1.6 ft per second (1.1 mph)
at any point during installation, the pile
being driven must be surrounded by a
confined bubble curtain (e.g., a bubble
ring surrounded by a fabric or nonmetallic sleeve) that will distribute air
bubbles around 100 percent of the pile
perimeter for the full depth of the water
column.
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Monitoring Requirements
At least three NMFS-approved
observers must be on duty during
impact driving at all times. As discussed
above, one observer must monitor and
implement shutdowns and collect
information at each pile driving location
at all times. In addition, two shorebased observers are required (one
upstream of the project and another
downstream of the project), whose
primary responsibility shall be to record
pinnipeds in the Level B harassment
zone and to alert the barge-based
observer to the presence of pinnipeds,
thus creating a redundant alert system
for prevention of injurious interaction as
well as increasing the probability of
detecting pinnipeds in the disturbance
zone.
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At least three observers must be on
duty during vibratory pile driving
activity for the first two days, and
thereafter on every third day to allow for
estimation of Level B harassment takes.
Similar to requirements for impact
driving, the first observer must be
positioned on a work platform or barge
where the entirety of the shutdown zone
can be monitored. Shore based
observers must be positioned to observe
the disturbance zone from the bank of
the river. Observers must immediately
inform other observers and construction
personnel of all marine mammal
sightings.
Reporting Requirements
POK must provide NMFS with a draft
monitoring report within 90 calendar
days of the expiration of the IHA, or
within conclusion of the construction
work, whichever comes first. If
comments are received from NMFS on
the draft report within 30 days, a final
report must be submitted to NMFS
within 30 days thereafter. If no
comments are received from NMFS
within 30 days after receipt of the draft
report, the draft report will be
considered final. The monitoring report
must include the following elements:
• 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 driven or removed and by
what method (i.e., impact or vibratory);
• Weather parameters and water
conditions during each monitoring
period (e.g., wind speed, percent cover,
visibility, sea state);
• 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 individuals of each
species detected within the monitoring
zone(s), and estimates of the number of
marine mammals taken, by species (a
correction factor may be applied to total
take numbers, as appropriate);
• Detailed information about any
implementation of mitigation triggered
(e.g., shutdowns and delays), a
description of specific actions that
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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
• An extrapolation of the estimated
takes by Level B harassment based on
the number of observed exposures
within the Level B harassment zone, the
portion of the Level B harassment zone
that was not visible during monitoring,
and amount of time monitors were not
present during vibratory installation or
removal.
POK must also submit all PSO
datasheets and/or raw sighting data (in
a separate file from the final report).
In the unanticipated event that the
construction activities clearly cause the
take of a marine mammal in a manner
prohibited by this Authorization, such
as an injury, serious injury, or mortality
(Level A take), POK must immediately
cease all operations and immediately
report the incident to the NMFS Office
of Protected Resources and the NMFS
West Coast Regional Stranding
Coordinator. The report must include
the following information:
1. Time, date, and location (latitude
and longitude) of the incident;
2. Description of the incident;
3. Status of all sound sources used in
the 24 hours preceding the incident;
4. Environmental conditions (wind
speed, wind direction, sea state, cloud
cover, visibility, water depth);
5. Description of the marine mammal
observations in the 24 hours preceding
the incident;
6. Species identification or
description of the animal(s) involved;
7. The fate of the animal(s); and
8. Photographs or video footage of the
animal(s), if equipment is available.
Activities must not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with POK to determine
what is necessary to minimize the
likelihood of further prohibited take and
ensure MMPA compliance. POK may
not resume their activities until notified
by NMFS via letter, email, or telephone.
In the event that POK discovers an
injured or dead marine mammal, and
the marine mammal observer
determines that the cause of injury or
death is unknown and the death is
relatively recent (less than a moderate
state of decomposition), POK must
immediately report the incident to the
NMFS Office of Protected Resources,
and the NMFS West Coast Regional
Stranding Coordinator. The report must
include the same information identified
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above. Activities may continue while
NMFS reviews the circumstances of the
incident. NMFS will work with POK to
determine whether modifications in the
activities are appropriate.
In the event that POK discovers an
injured or dead marine mammal, and
the marine mammal observer
determines that the injury or death is
not associated with or related to the
activities authorized in the IHA
(previously wounded animal, carcass
with moderate to advanced
decomposition, or scavenger damage),
POK must report the incident to the
NMFS Office of Protected Resources,
and the NMFS West Coast Regional
Stranding Coordinator within 24 hours
of the discovery. POK must provide
photographs or video footage (if
available) or other documentation of the
stranded animal(s) to NMFS Office of
Protected Resources and the West Coast
Regional Stranding Coordinator. POK
may continue its operations under such
a case.
Public Comments
A notice of NMFS’ proposal to issue
a Renewal IHA to POK was published
in the Federal Register on October 21,
2020 (85 FR 66957). That notice either
described, or referenced descriptions of,
POK’s activity, the marine mammal
species that may be affected by the
activity, the anticipated effects on
marine mammals and their habitat,
proposed amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. NMFS received
a comment letter from the Marine
Mammal Commission (Commission).
The comments and our responses are
summarized below.
Comment 1: The Commission
reiterated a comment made on the
initial 2018 IHA regarding the
estimation of the Level A harassment
zones and recommended NMFS revise
the Level A harassment zones for harbor
seals during impact driving of concrete
piles and vibratory driving of steel piles
based on eight piles driven per day,
because harbor seals may be present in
the project area for longer periods than
California or Steller sea lions and
therefore accumulate more sound
energy.
Response: NMFS addressed this
comment in the Federal Register notice
announcing the issuance of the initial
2018 IHA (83 FR 56304; November 13,
2018). NMFS agrees that it is possible
that harbor seals may be present in the
general project area for longer periods
than California or Steller sea lions.
However, NMFS feels that it is
unreasonable to assume that seals
would remain within the area for a full
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20:03 Nov 27, 2020
Jkt 253001
eight hours, as they may be transiting
between two sites (one approximately
one mile upstream and one
approximately 3.5 miles downstream)
where they are known to forage and/or
haul out. In addition, it is not
reasonable to assume that pile driving
activities would occur for eight
consecutive hours daily, and is more
likely that these activities would occur
for an hour to two hours at a time, and
would be broken up by time needed to
set up new piles. However, NMFS has
determined it is reasonable to assume
that seals would be present for double
the amount of time as sea lions
(assuming a two-hour duration versus a
one-hour duration due to the fact that
they may be transiting the area twice if
they move from one site to the other and
return again) results in a Level A
harassment threshold distance of 63 m
for impact driving of concrete piles and
26 m for vibratory driving of steel piles.
As noted in the notice for the
proposed initial IHA, Level A
harassment takes proposed for
authorization did not rely on calculated
takes, and were qualitatively proposed
for authorization out of an abundance of
caution in the event that some seals may
be undetected before entering the Level
A harassment zone. Therefore, the
amount of Level A harassment takes
authorized did not change as a result of
reconsidering the Level A harassment
zone and only resulted in a revision of
the Level A harassment monitoring area.
The required shutdown distances to
avoid Level A harassment take are 63 m
and 26 m, which correspond to a twohour duration for impact driving of
concrete piles and vibratory driving of
steel piles, respectively.
Comment 2: The Commission also
reiterated their recommendation that
NMFS investigate the appropriate
timeframes over which sound exposure
levels should be accumulated when
estimating the extents of the Level A
harassment zones. In the absence of
relevant recovery time data for marine
mammals, the Commission believes that
animat modeling that considers various
operational and animal scenarios should
be used to inform the appropriate
accumulation time and could be
incorporated into NMFS’s acoustic
guidance user spreadsheet that currently
estimates the Level A harassment zones.
The Commission recommended NMFS
prioritize this issue in the near future
and consider incorporating animat
modeling into the user spreadsheet.
Response: NMFS appreciates the
Commission’s recommendations. As
noted by the Commission, NMFS has
formed an internal committee to address
this issue and has consulted with
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76531
external acousticians and modelers.
NMFS continues to work on improving
the user spreadsheet and looks forward
to sharing our progress in the future.
Comment 3: The Commission noted
that the draft IHA Renewal did not
specify what specific information POK
would be required to include in its
monitoring report and recommended
NMFS revise the authorization such that
the reporting requirements are
consistent with recently issued IHAs.
Response: NMFS agrees with the
Commission’s recommendations and
has revised the authorization to specify
the information that must be included
in POK’s monitoring report (see
Description of Mitigation, Monitoring
and Reporting Measures section of this
notice).
Comment 4: The Commission
recommended NMFS reinforce the need
for POK to keep a running tally of the
total takes by Level B harassment based
on observed and extrapolated takes to
ensure that POK does not exceed the
authorized number of takes.
Response: The IHA indicates the
number of takes authorized for each
species. We agree that POK must ensure
they do not exceed authorized takes,
and further note that they are required
to report ‘‘an extrapolation of the
estimated takes by Level B harassment
based on the number of observed
exposures within the Level B
harassment zone, the portion of the
Level B harassment zone that was not
visible during monitoring, and amount
of time monitors were not present
during vibratory installation or
removal.’’
Comment 5: The Commission
recommended NMFS refrain from
issuing a Renewal for any authorization
unless it is consistent with the
procedural requirements specified in
section 101(a)(5)(D)(iii) of the MMPA.
Response: In prior responses to
comments about IHA Renewals (e.g., 84
FR 52464; October 02, 2019 and 85 FR
53342; August 28, 2020), NMFS has
explained how the Renewal process, as
implemented, is consistent with the
statutory requirements contained in
section 101(a)(5)(D) of the MMPA,
provides additional efficiencies beyond
the use of abbreviated notices, and,
further, promotes NMFS’ goals of
improving conservation of marine
mammals and increasing efficiency in
the MMPA compliance process.
Therefore, we intend to continue
implementing the Renewal process.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
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 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
Renewal qualifies to be categorically
excluded from further NEPA review.
TKELLEY on DSKBCP9HB2PROD with NOTICES
Determinations
The construction activities planned
by POK are identical to those analyzed
in the initial IHA, as are the planned
number of days of activity, the method
of taking, and the effects of the action.
The potential effects of POK’s activities
are limited to Level A and Level B
harassment in the form of auditory
injury and behavioral disturbance. In
analyzing the effects of the activities in
the initial IHA, NMSF determined that
POK’s activities would have a negligible
impact on the affected species or stocks
and that the authorized take numbers of
each species or stock were small relative
to the relevant stocks (e.g., less than
seven percent of all stocks). The
mitigation measures and monitoring and
reporting requirements as described
above are identical to the initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. This
includes consideration of the estimated
abundance of the Eastern U.S. stock of
Steller sea lions decreasing slightly.
Based on the information and analysis
contained here and in the referenced
documents, NMFS has determined the
following: (1) the required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) POK’s activities will not
have an unmitigable adverse impact on
taking for subsistence purposes as no
relevant subsistence uses of marine
mammals are implicated by this action,
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20:03 Nov 27, 2020
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and; (5) appropriate monitoring and
reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed marine
mammal species is expected to result
from this activity, and none would be
authorized. Therefore, NMFS has
determined that consultation under
section 7 of the ESA is not required for
this action.
Renewal
NMFS has issued a Renewal IHA to
POK for the take of marine mammals
incidental to conducting in-water
construction activities associated with
the POK Expansion Project on the
Lower Columbia River, Washington,
from November 23, 2020 through
October 18, 2021.
Dated: November 24, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–26344 Filed 11–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA686]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Herring Committee via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
PO 00000
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This webinar will be held on
Friday, December 11, 2020 at 9 a.m.
Webinar registration URL information:
https://attendee.gotowebinar.com/
register/7246047020300504335.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
DATES:
Agenda
The Committee will meet to review
and discuss 2021 work priorities for the
Atlantic Herring Fishery Management
Plan including: (1) A framework action
that considers spawning closures on
Georges Bank (GB); (2) development of
a formal rebuilding plan for Atlantic
herring; (3) review and potentially
adjust accountability measures (AMs) in
the herring plan; and (4) coordinate
with the Mid-Atlantic Fishery
Management Council (MAFMC) and
Atlantic States Marine Fisheries
Commission (ASMFC) on various
herring management issues (i.e. river
herring and shad (RH/S)). Other
business will be discussed, as necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2020.
Diane M. DeJames-Daly,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26348 Filed 11–27–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76527-76532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26344]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA623]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Port of Kalama Expansion Project on
the Lower Columbia River
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a Renewal incidental harassment authorization
(IHA) to the Port of Kalama (POK) to incidentally harass marine mammals
incidental to construction activities associated with an expansion
project at the POK on the Lower Columbia River, Washington.
DATES: This Renewal IHA is valid from November 23, 2020 through October
18, 2021.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed incidental take authorization is
provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-
[[Page 76528]]
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 the
Specified Activities and Anticipated Impacts section of this notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of this notice
would not be completed by the time the IHA expires and a Renewal would
allow for completion of the activities beyond that described in the
Dates and Duration section of the notice of proposed IHA for the
initial IHA, 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.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On September 28, 2015, we received a request from the POK for
authorization of the taking, by Level B harassment only, of marine
mammals incidental to the construction associated with the Port of
Kalama Expansion Project, which involved construction of the Kalama
Marine Manufacturing and Export Facility including a new marine
terminal for the export of methanol, and installation of engineered log
jams, restoration of riparian wetlands, and the removal of existing
wood piles in a side channel as mitigation activities. The specified
activity is expected to result in the take of three species of marine
mammals (harbor seals (Phoca vitulina), California sea lions (Zalophus
californianus), and Steller sea lions (Eumetopias jubatus)). A final
version of the application, which we deemed adequate and complete, was
submitted on December 10, 2015. We published a notice of a proposed IHA
and request for comments on March 21, 2016 (81 FR 15064). After the
public comment period and before we issued the final IHA, POK requested
that we issue the IHA for 2017 instead of the 2016 work season. We
subsequently published the final notice of our issuance of the IHA on
December 12, 2016 (81 FR 89436), effective from September 1, 2017-
August 31, 2018. In-water work associated with the project was expected
to be completed within the one-year timeframe of the IHA.
On June 21, 2018, POK informed NMFS that work relevant to the
specified activity considered in the MMPA analysis for the 2017-2018
IHA was postponed and would not be completed. POK requested that the
IHA be issued to be effective for the period from 2018--2019. In
support of that request, POK submitted an application addendum
affirming that no change in the proposed activities is anticipated and
that no new information regarding the abundance of marine mammals is
available that would change the previous analysis and findings. A
notice for the proposed incidental take authorization was published on
July 25, 2018 (83 FR 35220), and a corrected notice was published on
August 14, 2018 (83 FR 40257). On November 13, 2018, NMFS published
final notice of our issuance of an IHA authorizing take of marine
mammals incidental to the Port of Kalama Expansion Project (83 FR
56304). The effective dates of that IHA were October 18, 2018 through
October 18, 2019.
On August 21, 2019, POK informed NMFS that the project had been
delayed by one year. None of the work identified in the IHA (i.e. pile
driving and removal) had occurred and no take of any marine mammals had
occurred since the effective date of the initial IHA. POK submitted a
formal request for an identical IHA, but with modified effective dates,
in order to conduct the construction work that was analyzed and
authorized through the previously issued IHA. On October 17, 2019, NMFS
issued an IHA to POK to take marine mammals incidental to construction
activities at the Port of Kalama (84 FR 57013; October 24, 2019),
effective from October 19, 2019 through October 18, 2020 (hereafter
referred to as the initial IHA).
On August 27, 2020, NMFS received an application for the Renewal of
that initial IHA. As described in the request for the Renewal IHA, the
activities for which incidental take is requested are identical to
those covered in the initial authorization. In order to consider an IHA
Renewal, NMFS requires the applicant provide a preliminary monitoring
report which confirms that the applicant has implemented the required
mitigation and monitoring, and which also shows that no impacts of a
scale or nature not previously analyzed or authorized have occurred as
a result of the activities conducted. As no construction activities
have been conducted, POK has no monitoring results to report. NMFS has
determined that POK's proposed activities (including mitigation,
monitoring, and reporting), estimated incidental take, and anticipated
impacts on the affected stocks are the same as those analyzed and
authorized through the initial IHA.
Description of the Specified Activities and Anticipated Impacts
POK's planned activities include construction of a marine terminal
and dock/pier for the export of methanol, and associated compensatory
mitigation activities for the purposes of offsetting habitat effects
from the action. Specifically, the location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the original IHA.
Similarly, the anticipated impacts are identical to those described
in the initial IHA. NMFS anticipates the take of three species of
marine mammals (Pacific harbor seals, California sea lions, and Steller
sea lions) by Level A and Level B harassment incidental to underwater
noise resulting from construction associated with the proposed
activities.
The following documents are referenced in this notice and include
important supporting information:
Initial reissued IHA (84 FR 57013; October 24, 2019);
[[Page 76529]]
Initial final IHA (83 FR 56304; November 13, 2018);
Initial proposed IHA (83 FR 40257; August 14, 2018);
2017 final IHA (81 FR 89436; December 12, 2016);
2017 proposed IHA (81 FR 15064; March 21, 2016); and
2017 and 2018 IHA applications, references cited, and
previous public comments received (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities).
Detailed Description of the Activity
POK is planning to construct a marine terminal and dock/pier for
the export of methanol, and associated compensatory mitigation
activities for the purposes of offsetting habitat effects from the
action. The marine terminal will be approximately 45,000 square feet in
size, supported by 320 concrete piles (24-inch precast octagonal piles
to be driven by impact hammer) and 16 steel piles (12 x 12-inch and 4 x
18-inch anticipated to be driven by vibratory hammer, and impact
hammering will only be done to drive/proof if necessary). The
compensatory mitigation includes installation of 8 engineered log jams,
which will be anchored by untreated wooden piles driven by impact
hammer at low tides (not in water). The compensatory mitigation also
includes removal of approximately 320 untreated wooden piles from an
abandoned U.S. Army Corps of Engineers (USACE) dike in a nearby
backwater area. The piles will be removed either by direct pull or
vibratory extraction. Finally, the compensatory mitigation includes
wetland restoration and enhancement by removal of invasive species and
replacement with native wetland species.
A detailed description of the construction activities for which
take is authorized may be found in the Federal Register notice of
proposed IHA for the 2017 authorization (81 FR 15064; March 21, 2016).
As stated above, location, timing (e.g., seasonality), and nature of
the pile driving operations, including the type and size of piles and
the methods of pile driving, are identical to those analyzed in the
initial IHA. The IHA Renewal is effective from the date of issuance
(November 23, 2020) to October 18, 2021 (i.e., one year after the
expiration of the initial IHA).
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the Federal Register
notices for the proposed IHA for the initial authorization (83 FR
40257; August 14, 2018) and 2017 IHA (81 FR 15064; March 21, 2016).
NMFS has reviewed recent draft Stock Assessment Reports, information on
relevant Unusual Mortality Events, and other scientific literature. The
2019 Stock Assessment Report notes the estimated abundance of the
Eastern U.S. stock of Steller sea lions has decreased slightly.
However, NMFS has determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the Description of the Marine
Mammals in the Area of Specified Activities contained in the supporting
documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized may be found in the Federal Register notices for the
proposed initial IHA (83 FR 40257; August 14, 2018) and 2017 IHA (81 FR
15064; March 21, 2016). NMFS has reviewed recent draft Stock Assessment
Reports, information on relevant Unusual Mortality Events, and other
scientific literature, and determined that neither this nor any other
new information affects our initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notices for the proposed initial IHA (83 FR 40257; August 14, 2018) and
2017 IHA (81 FR 15064; March 21, 2016). Specifically, the source
levels, days of operation, and marine mammal occurrence data applicable
to this authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHA, as do the number of takes,
which are indicated below in Table 1. The estimated abundance of
Steller sea lions has decreased from that described in the initial IHA
(Muto et al., 2020), therefore the percent of stock proposed to be
taken has increased.
Table 1--Authorized Take and Proportion of Population Potentially Affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage of
Authorized Authorized Abundance of stock
take by level take by level Stock stock potentially
B harassment A harassment affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal.................................... 1,530 10 Oregon/Washington Coast................ 24,732 6.2
California sea lion............................ 372 0 U.S.................................... 153,337 0.2
Steller sea lion............................... 372 0 Eastern U.S............................ 43,201 0.86
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA
(83 FR 56304; November 13, 2018), and the discussion of the least
practicable adverse impact included in that document remains accurate.
The following measures are included in this Renewal:
Mitigation Requirements
In summary, mitigation includes implementation of shut down
procedures if any marine mammal approaches or enters the Level A
harassment zone for pile driving (26 meters (m) (85 feet (ft)) for
vibratory pile driving of steel piles; 63 m (207 ft) for impact driving
of concrete piles; and 252 m (828 ft) for impact driving of steel
piles). For in-water heavy machinery work other than pile driving (e.g.
standard barges, barge-mounted cranes, excavators, etc.), 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. One trained observer must monitor to implement
shutdowns and collect
[[Page 76530]]
information at each active pile driving location (whether vibratory or
impact driving of steel or concrete piles).
Pile driving activities must only be conducted during daylight
hours. If the shutdown zone is obscured by fog or poor lighting
conditions, pile driving must not be initiated until the entire
shutdown zone is visible. Work that has been initiated appropriately in
conditions of good visibility may continue during poor visibility. The
shutdown zone must be monitored for 30 minutes prior to initiating the
start of pile driving, during the activity, and for 30 minutes after
activities have ceased. If pinnipeds are present within the shutdown
zone prior to pile driving, the start must be delayed until the animals
leave the shutdown zone of their own volition, or until 15 minutes
elapse without re-sighting the animal(s).
Soft start procedures must be implemented at the start of each
day's impact pile driving and at any time following cessation of impact
driving for a period of thirty minutes or longer. If steel piles
require impact installation or proofing, a bubble curtain must be used
for sound attenuation. If water velocity is 1.6 ft per second (1.1
miles per hour (mph)) or less for the entire installation period, the
pile being driven must be surrounded by a confined or unconfined bubble
curtain that will distribute small air bubbles around 100 percent of
the pile perimeter for the full depth of the water column. If water
velocity is greater than 1.6 ft per second (1.1 mph) at any point
during installation, the pile being driven must be surrounded by a
confined bubble curtain (e.g., a bubble ring surrounded by a fabric or
non-metallic sleeve) that will distribute air bubbles around 100
percent of the pile perimeter for the full depth of the water column.
Monitoring Requirements
At least three NMFS-approved observers must be on duty during
impact driving at all times. As discussed above, one observer must
monitor and implement shutdowns and collect information at each pile
driving location at all times. In addition, two shore-based observers
are required (one upstream of the project and another downstream of the
project), whose primary responsibility shall be to record pinnipeds in
the Level B harassment zone and to alert the barge-based observer to
the presence of pinnipeds, thus creating a redundant alert system for
prevention of injurious interaction as well as increasing the
probability of detecting pinnipeds in the disturbance zone.
At least three observers must be on duty during vibratory pile
driving activity for the first two days, and thereafter on every third
day to allow for estimation of Level B harassment takes. Similar to
requirements for impact driving, the first observer must be positioned
on a work platform or barge where the entirety of the shutdown zone can
be monitored. Shore based observers must be positioned to observe the
disturbance zone from the bank of the river. Observers must immediately
inform other observers and construction personnel of all marine mammal
sightings.
Reporting Requirements
POK must provide NMFS with a draft monitoring report within 90
calendar days of the expiration of the IHA, or within conclusion of the
construction work, whichever comes first. If comments are received from
NMFS on the draft report within 30 days, a final report must be
submitted to NMFS within 30 days thereafter. If no comments are
received from NMFS within 30 days after receipt of the draft report,
the draft report will be considered final. The monitoring report must
include the following elements:
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
driven or removed and by what method (i.e., impact or vibratory);
Weather parameters and water conditions during each
monitoring period (e.g., wind speed, percent cover, visibility, sea
state);
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 individuals of each species detected within the
monitoring zone(s), and estimates of the number of marine mammals
taken, by species (a correction factor may be applied to total take
numbers, as appropriate);
Detailed information about any implementation of
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
An extrapolation of the estimated takes by Level B
harassment based on the number of observed exposures within the Level B
harassment zone, the portion of the Level B harassment zone that was
not visible during monitoring, and amount of time monitors were not
present during vibratory installation or removal.
POK must also submit all PSO datasheets and/or raw sighting data
(in a separate file from the final report).
In the unanticipated event that the construction activities clearly
cause the take of a marine mammal in a manner prohibited by this
Authorization, such as an injury, serious injury, or mortality (Level A
take), POK must immediately cease all operations and immediately report
the incident to the NMFS Office of Protected Resources and the NMFS
West Coast Regional Stranding Coordinator. The report must include the
following information:
1. Time, date, and location (latitude and longitude) of the
incident;
2. Description of the incident;
3. Status of all sound sources used in the 24 hours preceding the
incident;
4. Environmental conditions (wind speed, wind direction, sea state,
cloud cover, visibility, water depth);
5. Description of the marine mammal observations in the 24 hours
preceding the incident;
6. Species identification or description of the animal(s) involved;
7. The fate of the animal(s); and
8. Photographs or video footage of the animal(s), if equipment is
available.
Activities must not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with POK to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. POK may not resume their
activities until notified by NMFS via letter, email, or telephone.
In the event that POK discovers an injured or dead marine mammal,
and the marine mammal observer determines that the cause of injury or
death is unknown and the death is relatively recent (less than a
moderate state of decomposition), POK must immediately report the
incident to the NMFS Office of Protected Resources, and the NMFS West
Coast Regional Stranding Coordinator. The report must include the same
information identified
[[Page 76531]]
above. Activities may continue while NMFS reviews the circumstances of
the incident. NMFS will work with POK to determine whether
modifications in the activities are appropriate.
In the event that POK discovers an injured or dead marine mammal,
and the marine mammal observer determines that the injury or death is
not associated with or related to the activities authorized in the IHA
(previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), POK must report the incident to
the NMFS Office of Protected Resources, and the NMFS West Coast
Regional Stranding Coordinator within 24 hours of the discovery. POK
must provide photographs or video footage (if available) or other
documentation of the stranded animal(s) to NMFS Office of Protected
Resources and the West Coast Regional Stranding Coordinator. POK may
continue its operations under such a case.
Public Comments
A notice of NMFS' proposal to issue a Renewal IHA to POK was
published in the Federal Register on October 21, 2020 (85 FR 66957).
That notice either described, or referenced descriptions of, POK's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
proposed amount and manner of take, and proposed mitigation, monitoring
and reporting measures. NMFS received a comment letter from the Marine
Mammal Commission (Commission). The comments and our responses are
summarized below.
Comment 1: The Commission reiterated a comment made on the initial
2018 IHA regarding the estimation of the Level A harassment zones and
recommended NMFS revise the Level A harassment zones for harbor seals
during impact driving of concrete piles and vibratory driving of steel
piles based on eight piles driven per day, because harbor seals may be
present in the project area for longer periods than California or
Steller sea lions and therefore accumulate more sound energy.
Response: NMFS addressed this comment in the Federal Register
notice announcing the issuance of the initial 2018 IHA (83 FR 56304;
November 13, 2018). NMFS agrees that it is possible that harbor seals
may be present in the general project area for longer periods than
California or Steller sea lions. However, NMFS feels that it is
unreasonable to assume that seals would remain within the area for a
full eight hours, as they may be transiting between two sites (one
approximately one mile upstream and one approximately 3.5 miles
downstream) where they are known to forage and/or haul out. In
addition, it is not reasonable to assume that pile driving activities
would occur for eight consecutive hours daily, and is more likely that
these activities would occur for an hour to two hours at a time, and
would be broken up by time needed to set up new piles. However, NMFS
has determined it is reasonable to assume that seals would be present
for double the amount of time as sea lions (assuming a two-hour
duration versus a one-hour duration due to the fact that they may be
transiting the area twice if they move from one site to the other and
return again) results in a Level A harassment threshold distance of 63
m for impact driving of concrete piles and 26 m for vibratory driving
of steel piles.
As noted in the notice for the proposed initial IHA, Level A
harassment takes proposed for authorization did not rely on calculated
takes, and were qualitatively proposed for authorization out of an
abundance of caution in the event that some seals may be undetected
before entering the Level A harassment zone. Therefore, the amount of
Level A harassment takes authorized did not change as a result of
reconsidering the Level A harassment zone and only resulted in a
revision of the Level A harassment monitoring area. The required
shutdown distances to avoid Level A harassment take are 63 m and 26 m,
which correspond to a two-hour duration for impact driving of concrete
piles and vibratory driving of steel piles, respectively.
Comment 2: The Commission also reiterated their recommendation that
NMFS investigate the appropriate timeframes over which sound exposure
levels should be accumulated when estimating the extents of the Level A
harassment zones. In the absence of relevant recovery time data for
marine mammals, the Commission believes that animat modeling that
considers various operational and animal scenarios should be used to
inform the appropriate accumulation time and could be incorporated into
NMFS's acoustic guidance user spreadsheet that currently estimates the
Level A harassment zones. The Commission recommended NMFS prioritize
this issue in the near future and consider incorporating animat
modeling into the user spreadsheet.
Response: NMFS appreciates the Commission's recommendations. As
noted by the Commission, NMFS has formed an internal committee to
address this issue and has consulted with external acousticians and
modelers. NMFS continues to work on improving the user spreadsheet and
looks forward to sharing our progress in the future.
Comment 3: The Commission noted that the draft IHA Renewal did not
specify what specific information POK would be required to include in
its monitoring report and recommended NMFS revise the authorization
such that the reporting requirements are consistent with recently
issued IHAs.
Response: NMFS agrees with the Commission's recommendations and has
revised the authorization to specify the information that must be
included in POK's monitoring report (see Description of Mitigation,
Monitoring and Reporting Measures section of this notice).
Comment 4: The Commission recommended NMFS reinforce the need for
POK to keep a running tally of the total takes by Level B harassment
based on observed and extrapolated takes to ensure that POK does not
exceed the authorized number of takes.
Response: The IHA indicates the number of takes authorized for each
species. We agree that POK must ensure they do not exceed authorized
takes, and further note that they are required to report ``an
extrapolation of the estimated takes by Level B harassment based on the
number of observed exposures within the Level B harassment zone, the
portion of the Level B harassment zone that was not visible during
monitoring, and amount of time monitors were not present during
vibratory installation or removal.''
Comment 5: The Commission recommended NMFS refrain from issuing a
Renewal for any authorization unless it is consistent with the
procedural requirements specified in section 101(a)(5)(D)(iii) of the
MMPA.
Response: In prior responses to comments about IHA Renewals (e.g.,
84 FR 52464; October 02, 2019 and 85 FR 53342; August 28, 2020), NMFS
has explained how the Renewal process, as implemented, is consistent
with the statutory requirements contained in section 101(a)(5)(D) of
the MMPA, provides additional efficiencies beyond the use of
abbreviated notices, and, further, promotes NMFS' goals of improving
conservation of marine mammals and increasing efficiency in the MMPA
compliance process. Therefore, we intend to continue implementing the
Renewal process.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and
[[Page 76532]]
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 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA Renewal qualifies to be categorically
excluded from further NEPA review.
Determinations
The construction activities planned by POK are identical to those
analyzed in the initial IHA, as are the planned number of days of
activity, the method of taking, and the effects of the action. The
potential effects of POK's activities are limited to Level A and Level
B harassment in the form of auditory injury and behavioral disturbance.
In analyzing the effects of the activities in the initial IHA, NMSF
determined that POK's activities would have a negligible impact on the
affected species or stocks and that the authorized take numbers of each
species or stock were small relative to the relevant stocks (e.g., less
than seven percent of all stocks). The mitigation measures and
monitoring and reporting requirements as described above are identical
to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. This includes consideration of the estimated abundance of
the Eastern U.S. stock of Steller sea lions decreasing slightly. Based
on the information and analysis contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; (4) POK's activities
will not have an unmitigable adverse impact on taking for subsistence
purposes as no relevant subsistence uses of marine mammals are
implicated by this action, and; (5) appropriate monitoring and
reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species. No incidental take of ESA-listed
marine mammal species is expected to result from this activity, and
none would be authorized. Therefore, NMFS has determined that
consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a Renewal IHA to POK for the take of marine mammals
incidental to conducting in-water construction activities associated
with the POK Expansion Project on the Lower Columbia River, Washington,
from November 23, 2020 through October 18, 2021.
Dated: November 24, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-26344 Filed 11-27-20; 8:45 am]
BILLING CODE 3510-22-P
