Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows, Alaska, 12918-12926 [2021-04525]
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
REPOSITORIES WITH PAPER COPIES OF THE DRAFT PHASE II RP #3.2 AND MBSD DEIS EXECUTIVE SUMMARY, AND
ELECTRONIC COPIES OF THE MBSD DEIS AND APPENDICES ON A USB—Continued
Location
Address
St. Bernard Parish Library .........................................
St. Martin Parish Library ...........................................
Alex P. Allain Library .................................................
Vermilion Parish Library ............................................
Martha Sowell Utley Memorial Library ......................
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Iberia Parish Library ..................................................
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will be available at all meetings. All prerecorded presentations are in English,
but are available on USACE CEMVN’s
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requiring translation in other languages
should contact Ricky Boyett at
ricky.d.boyett@usace.army.mil or 504–
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Administrative Record
The documents comprising the
Administrative Record for the Draft
Phase II RP #3.2 can be viewed
electronically at https://www.doi.gov/
deepwaterhorizon/adminrecord.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and its implementing Oil Pollution
Act Natural Resource Damage
Assessment regulations found at 15 CFR
part 990 and the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
Dated: February 25, 2021.
Carrie Diane Robinson,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2021–04355 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA912]
Marine Mammals; File No. 23960
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
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AGENCY:
Notice is hereby given that
Minnesota Zoological Gardens, 13000
Zoo Boulevard, Apple Valley, MN
55124 (Responsible Party: Tony Fisher),
SUMMARY:
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20:30 Mar 04, 2021
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2600 Palmisano Blvd., Chalmette, LA 70043, (504) 279–0448.
201 Porter St., St. Martinville, LA 70582, (337) 394–2207.
206 Iberia St., Franklin, LA 70538, (337) 828–5364.
405 E. Victor St., Abbeville, LA 70510, (337) 893–2674.
705 W. 5th St., Thibodaux, LA 70301, (985) 447–4119.
301 W. Claude St., Lake Charles, LA 70605, (337) 721–7116.
445 E. Main St., New Iberia, LA 70560, (337) 364–7024.
1105 West Port St., Abbeville, LA 70510, (337) 898–4335.
has applied in due form for an
enhancement permit for captive
Hawaiian monk seals (Neomonachus
schauinslandi).
Written, telefaxed, or email
comments must be received on or before
April 5, 2021.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 23960 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 23960 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore or Sara Young, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The Minnesota Zoological Gardens
(MZG) proposes continued maintenance
of two non-releasable Hawaiian monk
seals for enhancement purposes. These
animals would be provided with daily
husbandry care and treatment for
current medical conditions, routine
DATES:
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veterinary care, and would be made
available for opportunistic research.
MZG will continue public awareness
through education and observation, and
non-intrusive husbandry and medical
studies conducted incidental to the
routine care and husbandry of the
animals. The permit is requested for the
maximum 5-year period.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: March 1, 2021.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–04528 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA840]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Ferry Berth
Improvements in Tongass Narrows,
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments on
proposed Renewal incidental
harassment authorization.
AGENCY:
NMFS received a request from
the Alaska Department of
SUMMARY:
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05MRN1
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
Transportation and Public Facilities
(ADOT&PF) for the Renewal of their
currently active incidental harassment
authorization (IHA) to take marine
mammals incidental to activity related
to Phase 1 of the two-part ferry berth
improvements and construction in
Tongass Narrows, near Ketchikan, AK.
These activities consist of activities that
are covered by the current authorization
but will not be completed prior to its
expiration. Pursuant to the Marine
Mammal Protection Act (MMPA), prior
to issuing the currently active IHA,
NMFS requested comments on both the
proposed IHA and the potential for
renewing the initial authorization if
certain requirements were satisfied. The
Renewal requirements have been
satisfied, and NMFS is now providing
an additional 15-day comment period to
allow for any additional comments on
the proposed Renewal not previously
provided during the initial 30-day
comment period.
DATES: Comments and information must
be received no later than March 22,
2021.
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 ITP.DeJoseph@noaa.gov.
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 25megabyte file size. Attachments to
comments will be accepted in Microsoft
Word or Excel or Adobe PDF file
formats only. All comments received are
a part of the public record and will
generally be posted online at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-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 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://
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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 MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization is
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a 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 activities as
described in the Detailed Description of
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12919
Specific Activity section of this notice is
planned or (2) the activities as described
in the Specified Activities 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).
(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.
Any comments received on the potential
Renewal, along with relevant comments
on the initial IHA, have been considered
in the development of this proposed
IHA Renewal, and a summary of agency
responses to applicable comments is
included in this notice. NMFS will
consider any additional public
comments prior to making any final
decision on the issuance of the
requested Renewal, and agency
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responses will be summarized in the
final notice of our decision.
The National Defense Authorization
Act (Pub. L. 108–136) removed the
‘‘small numbers’’ and ‘‘specified
geographical region’’ limitations
indicated above and amended the
definition of ‘‘harassment’’ as it applies
to a ‘‘military readiness activity.’’
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National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NAO 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
Renewal 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
requests.
History of Request
On March 1, 2020, NMFS issued two,
consecutive IHAs to ADOT&PF to take
marine mammals incidental to Phase I
and II activity related to ferry berth
improvements and construction in
Tongass Narrows, near Ketchikan, AK
(85 FR 673; January 7, 2020), effective
from March 1, 2020 through February
28, 2021. On December 28, 2020, NMFS
received an application for the Renewal
of the initial Phase I IHA. As described
in the application for Renewal IHA, the
activities for which incidental take is
requested consist of activities that are
covered by the initial Phase 1
authorization but will not be completed
prior to its expiration. As required, the
applicant also provided a preliminary
monitoring report (available at https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-alaskadepartment-transportation-ferry-berthimprovements) which confirms that the
applicant has implemented the required
mitigation and monitoring, and which
also shows that no impacts of a scale or
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nature not previously analyzed or
authorized have occurred as a result of
the activities conducted.
Description of the Specified Activities
and Anticipated Impacts
ADOT&PF will be unable to complete
all of the planned work of the 2020 IHA
(Phase 1) on the ferry berths in Tongass
Narrows before the expiration date of
February 28, 2021; therefore, they have
requested a Renewal IHA to authorize
take of marine mammals for the subset
of the initially planned work among the
four permanent project components
(i.e., new Revilla ferry berth, new
Gravina Island Shuttle Ferry Berth and
Terminal Improvements, Gravina
Airport Ferry Layup Facility and the
Gravina Freight) of Phase I that could
not be completed. These planned
construction activities would allow
ADOT&PF to improve the reliability of
the transportation system as well as
access to Gravina Island and Ketchikan
International Airport. The renewal
request includes two minor changes to
the activity. Specifically the number of
days requested for temporary pile
driving and providing for a higher
maximum number of piles that may be
installed per day via impact and
vibratory driving (up from a max of
three to eight piles). This change does
not substantively affect the previous
analysis or change the take estimate.
Otherwise, the activity is identical to
the initial IHA and includes four
methods of pile installation: vibratory
and impact hammers, down-hole
drilling of rock sockets, and installation
of tension anchors at some locations
(see Tables 1 and 2). Moreover, Phase II
activities will only begin upon the
completion of Phase I, as stated in the
2020 IHA.
Anticipated impacts would include
both Level A harassment, which will be
identical to those analyzed and
authorized in the 2020 IHA, and Level
B harassment of marine mammals
(though fewer, since from a subset of
activities). ADOT&PF’s request is for
take of a small number of eight species
of marine mammals, by Level B
harassment: Steller sea lion (Eumetopias
jubatus), harbor seal (Phoca vitulina
richardii), harbor porpoise (Phocoena
phocoena), Dall’s porpoise
(Phocoenoides dalli), Pacific whitesided dolphin (Lagenorhynchus
bliquidens), killer whale (Orcinus orca),
humpback whale (Megaptera
novaeangliae), and minke whale
(Balaenoptera acutorostrata). Of the
eight species, three (harbor seal, harbor
porpoise, and Dall’s porpoise) may also
be taken by Level A harassment.
Monitoring results of the 2020
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construction activities indicate that
observed exposures above Level A and
Level B harassment thresholds (see
monitoring report) were below the
amount authorized in association with
the amount of work conducted; thus, the
subset of Level A and Level B
harassment take remaining from that
authorized under the 2019 IHA will be
sufficient to cover the 2020 pile
installation and removal activities.
Detailed Description of the Activity
As discussed earlier, this is a Renewal
to complete the subset of the activity not
completed under the initial IHA (85 FR
673; January 7, 2020). Due to
construction schedule delays,
designated work was only conducted on
56 of the estimated 144 days (reduced
to 101 days of pile driving activity
planned in the 2020 IHA). ADOT&PF
installed 11 temporary piles (of which
one was already removed) and 41
permanent piles over approximately 23
construction days in 2020. As of the
submission of their Renewal request,
ADOT&PF expected to drive pile for 40
more days and complete installation of
(27) 24-inch trestle piles, (5) 24-inch
bridge abutment piles, (15) 24-inch
floating fender dolphin piles, 27
remaining sheet piles, and (10) 30-inch
steel float piles for the Revilla New
Ferry Berth and Upland Improvements
between January 4 and February 28,
2021 under the 2020 IHA. As of
February 2, 2021, the following work
remains to be completed during the oneyear 2021 renewal IHA: installation of
192 piles, 73 rock sockets, and 78
tension anchors and installation (38)
and removal (40) of temporary piles.
Although some work may be completed
between February 2 and the expiration
of the initial IHA (February 28), the
applicant requests authorization for the
work remaining as of February 2
outlined in Tables 1 and 2. The
proposed Renewal would be effective
for a period of one year from the date
of issuance.
This Renewal request is nearly
identical to that of the 2020 IHA, in that
it is comprised of a subset of the work
that was covered in the initial IHA, with
two small changes that do not affect the
previous analyses: the number of days
requested for temporary pile driving and
the maximum number of piles that may
be driven in a day, which has been
increased from three to eight.
Regarding the number of days of
temporary pile driving, the initial IHA
application specified 7–11 days of
temporary pile driving would be needed
to complete all projects during Phase 1.
The temporary pile driving at the
Revilla New Ferry Berth required 7
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the exception of enlarged shutdown
zones that reflect the modified Level A
harassment zones, which have changed
because of the increased number of piles
that may potentially be driven
concurrently. The shutdown zone for
humpback whales will equal that of the
Level A zone, while the pile driving
shutdown zones for all other hearing
groups are greater than Level A zones.
A detailed description of the
construction activities for which take is
proposed here may be found in the
days, instead of the 2–3 days listed in
the IHA application, because of
subsurface boulders and weather
conditions. It is expected that more days
than initially anticipated will be needed
to complete the remaining temporary
pile driving; therefore, the renewal
requests 5–8 days of temporary pile
installation (the original needs of the
remaining three component projects) to
complete the work, which is still fewer
than included in the initial IHA.
The mitigation and monitoring will be
identical to that of the 2020 IHA, with
notices of the proposed (84 FR 34134;
July 17, 2019) and final IHAs (85 FR
673; January 7, 2020) for the 2020
authorization. All documents associated
with the 2020 IHA (i.e., the IHA
application, proposed IHA, final IHA,
public comments, monitoring reports,
etc.) can be found on NMFS’s website,
https://www.fisheries.noaa.gov/action/
incidental-take-authorization-alaskadepartment-transportation-ferry-berthimprovements.
TABLE 1—PERMANENT PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION DURING 2021 RENEWAL
Project component pile
type
Number of
piles
Number of
rock sockets
Average
drilling
duration for
rock sockets
per pile
(minutes)
Average
vibratory
duration
per pile
(minutes)
Number of
tension
anchors
Average
duration
(minutes)
per pile for
vibratory
Average
piles per
day
(range)
Days of
installation
30
30
........................
1.5 (1–3)
1.5 (1–3)
....................
36
12
....................
50
50
N/A
15
15
15
1.5 (1–3)
1.5 (1–3)
6
(6–12)
44
5
12
N/A
180
50
50
15
15
1.5 (1–3)
1.5
(1–3)
2
8
Impact
strikes per
pile
Revilla New Ferry Berth and Upland Improvements
24″ Pile Diameter ..........
30″ Pile Diameter ..........
30″ Sheet Pile ...............
15
2
0
0
0
Completed
12
14
....................
30
30
........................
N/A
N/A
........................
200
200
....................
New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements
24″ Pile Diameter ..........
30″ Pile Diameter ..........
27.6″ Sheet Pile ............
65
8
74
52
4
N/A
25
4
N/A
15
15
15
120
180
N/A
Gravina Airport Ferry Layup Facility
18″ Pile Diameter ..........
30″ Pile Diameter ..........
3
12
0
12
0
10
15
15
20″ Pile Diameter ..........
24″ Pile Diameter ..........
30″ Pile Diameter ..........
6
3
4
0
3
2
6
3
4
15
........................
15
N/A
120
180
50
50
50
15
15
15
1.5 (1–3)
1.5 (1–3)
1.5 (1–3)
4
2
3
PHASE 1 Total .......
192
73
78
........................
........................
....................
........................
....................
128 a
Gravina Freight Facility
a. Identically to Phase I, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days reduces in-water construction to 90 days.
TABLE 2—NUMBERS OF TEMPORARY PILES PLANNED TO BE INSTALLED AND REMOVED FOR EACH PROJECT COMPONENT
IN 2021
Project component
Revilla New Ferry Berth and Upland Improvements.
New Gravina Island Shuttle Ferry Berth/
Related Terminal Improvements.
Gravina Airport Ferry Layup Facility .........
Gravina Freight Facility .............................
8
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Total ...................................................
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
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Average
vibratory
duration per
pile for
installation
(minutes)
Number of
temporary
piles
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Average
vibratory
duration per
pile for
removal
(minutes)
Days of
removal
Piles per day
15
0
2 to 3
4 to 6
12
0-currently installed.
15 .................
15
2 to 3
2 to 3
4 to 6
8
12
15 .................
15 .................
15
15
1 to 2
2 to 3
0.75 to 2
2 to 3
4 to 6
4 to 6
40
480 (8 hrs) ...
600 (10 hrs)
5–11
7–11
........................
including information on abundance,
status, distribution, and hearing, may be
found in the notices of the Proposed (84
FR 34134; July 17, 2019) and Final (85
FR 673; January 7, 2020) IHAs for the
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installation
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initial authorization. NMFS has
reviewed the monitoring data from the
initial IHA, recent draft Stock
Assessment Reports (SARs), information
on relevant Unusual Mortality Events,
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and other scientific literature, and
determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or the pertinent information
in the Description of the Marine
Mammals in the Area of Specified
Activities contained in the supporting
documents for the initial IHA. Updated
stock abundances were used in this
analysis and take estimation
calculations per the 2020 SARs.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is proposed
here may be found in the notices of the
Proposed (84 FR 34134; July 17, 2019)
and Final (85 FR 673; January 7, 2020)
IHAs for the initial authorization. NMFS
has reviewed the monitoring data from
the initial IHA, recent draft SARs,
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. The
applicant submitted the required
preliminary monitoring results and the
monitoring to date does not contradict
the original take calculations or indicate
impacts of a scale or nature not
previously analyzed or authorized.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the Proposed (84 FR 34134;
July 17, 2019) and Final (85 FR 673;
January 7, 2020) IHAs for the initial
authorization. Specifically, the source
levels, days of operation, and marine
mammal density/occurrence data
applicable to this authorization remain
unchanged from the previously issued
IHA, with the exception of the fact that
there are fewer days of operation since
this activity is a subset of that covered
in the initial IHA. Only the maximum
number of piles that may be installed
per day via impact and vibratory driving
is increasing from a maximum of three
to eight piles. Similarly, the stocks
taken, methods of take, and types of take
remain unchanged from the previously
issued IHA, as do the number of takes
(Level B harassment will be fewer, since
from a subset of activities), which are
indicated below in Table 3.
The potential installation of up to
eight piles per day (from three)
increases the potential maximum radius
of the Level A harassment zone from
550 to 1010 meters (m) for lowfrequency, 650 to 1200 m for highfrequency, and 300 to 550 m for phocid
pinnipeds hearing groups when driving
a 30-inch pile. However, the likelihood
of marine mammals entering these
zones and staying for a duration
sufficient to incur permanent threshold
shift is considered low, and the
rationale and take estimates presented
in the initial proposed IHA (which were
based on the likelihood of an individual
or group entering the area some number
of times during the activity, as opposed
to being based on a density) remain
applicable. Further, the detections
reported in the preliminary monitoring
report do not suggest that the methods
or estimated takes need to be modified,
even in consideration of the potentially
larger Level A harassment zones.
TABLE 3—PROPOSED TAKE NUMBERS TO BE AUTHORIZED BY SPECIES/STOCK
Estimated
number
of exposures
to level B
harassment
Species
DPS/stock
Steller sea lion ................................................
Harbor seal .....................................................
Harbor porpoise ..............................................
Dall’s porpoise ................................................
Pacific white-sided dolphin .............................
Killer whale ......................................................
Eastern DPS ..................................................
Clarence Strait ...............................................
Southeast Alaska ...........................................
Alaska .............................................................
North Pacific ...................................................
Alaska Resident .............................................
Northern Resident ..........................................
West Coast Transient ....................................
Hawaii DPS ....................................................
Mexico DPS ...................................................
Alaska .............................................................
Humpback whale 1 ..........................................
Minke whale ....................................................
Estimated
number of
exposures to
level A
harassment
Total
estimated
exposures
(level A and
level B
harassment)
1,800
765
109
317
92
144
0
18
15
15
0
0
1,800
783
124
332
92
144
238
15
7
0
0
0
238
15
7
Note: DPS = distinct population segment.
1 Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA, and the
discussion of the least practicable
adverse impact included in that
document and the notice of the
proposed IHA (84 FR 34134; July 17,
2019) remains accurate with the minor
modifications to the shutdown zones to
reflect the revised Level A harassment
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zones. As with the initial IHA, pile
driving shutdown zones greater than
Level A Harassment zones will be
implemented for all hearing groups
(except for humpback whales, for which
the shutdown zone will be equal to the
Level A harassment zone). As noted
previously, Level A harassment zones
will increase for 24 and 30-inch impact
driving in low-frequency, highfrequency, and Phocid pinnipeds
hearing groups and the shutdown zones
have been enlarged accordingly to
encompass them (rounded up to the
nearest 10 m, per NMFS standard
practice, a slight change from the initial
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IHA, which included rounding to the
nearest 50 m, as proposed by
ADOT&PF). We have considered these
changes to shutdown zones, and they do
not change our determination that the
proposed measures will affect the least
practicable adverse impact on all
affected species or stocks and their
habitat.
The following measures are proposed
for this renewal:
• Conduct briefings between
construction supervisors and crews and
the marine mammal monitoring team
prior to the start of all pile driving
activity, and when new personnel join
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the work, to explain responsibilities,
communication procedures, marine
mammal monitoring protocol, and
operational procedures;
• For in-water heavy machinery work
other than pile driving/removal and
drilling (e.g., standard barges, tug boats),
if a marine mammal comes within 10 m,
operations shall cease and vessels shall
reduce speed to the minimum level
required to maintain steerage and safe
working conditions. This type of work
could include the following activities:
(1) Movement of the barge to the pile
location; or (2) positioning of the pile on
the substrate via a crane (i.e., stabbing
the pile);
• Work may only occur during
daylight hours, when visual monitoring
of marine mammals can be conducted;
• For any marine mammal species for
which take by Level B harassment has
not been requested or authorized, inwater pile installation/removal and
drilling will shut down immediately
when the animals are sighted;
• In the event that more than one
contractor is working at the same time,
they will maintain radio or cellular
coordination in order to coordinate pile
installation and removal and provide
adequate monitoring by protected
species observers; and
• If take by Level B harassment
reaches the authorized limit for an
authorized species, pile installation will
be stopped as these species approach
the Level B harassment zone to avoid
additional take of them.
Establishment of Shutdown Zone for
Level A Harassment—For all pile
driving/removal and drilling activities,
ADOT&PF will establish a shutdown
zone. 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, marine mammal hearing group,
and in the case of impact pile driving,
additional details about the activity
including the expected number of pile
strikes required, size of the pile, and
number of piles to be driven during that
day (See Table 4). The placement of
protected species observers (PSOs)
during all pile driving, pile removal,
and drilling activities will ensure that
the entire shutdown zone is visible
during pile installation.
The shutdown zones shown in Table
4 apply when a single piece of
equipment is in use. In addition,
ADOT&PF will implement a shutdown
zone of 100 m for each vibratory
hammer on days when it is anticipated
that multiple vibratory hammers will be
used. The ADOT&PF will also
implement a shutdown zone of 100 m
for each down-the-hole (DTH) drill on
days when it is anticipated that two
DTH drills will be used.
TABLE 4—SHUTDOWN ZONES DURING USE OF A SINGLE PIECE OF EQUIPMENT
Pile size
(inches)
Activity
Minutes per pile or
strikes per pile
Piles
installed
or removed
per day
Level B
harassment
isopleth
(m)
Vibratory Installation ..
30 ......................................................
30 min .......................
8
6,310
Vibratory Removal .....
24, 18 ................................................
27.6 sheet pile, 30.3 sheet pile ........
24, 16 ................................................
30 min .......................
15 min .......................
30 min .......................
8
10
5
5,420
4,650
5,420
Drilling Rock Sockets
30 ......................................................
180 min .....................
3
12,030
24, 18 ................................................
120 min .....................
3
30 ......................................................
50 strikes ...................
3
2
1
8
3
2
1
3
2
1
8
3
2
1
8
3
2
1
Impact Installation ......
200 strikes .................
24 ......................................................
50 strikes ...................
200 strikes .................
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18 ......................................................
Establishment of Monitoring Zones for
Level B Harassment—ADOT&PF will
establish monitoring zones, based on the
Level B harassment zones which are
areas where sound pressure levels
(SPLs) are equal to or exceed the 160 dB
rms (decibel root mean square)
threshold for impact driving and the 120
dB rms threshold during vibratory
driving, vibratory removal, and drilling.
Monitoring zones provide utility for
observing marine mammals by
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50 strikes ...................
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 cease of activity
should the animal enter the shutdown
zone. On days and at times when a
single piece of pile installation or
removal equipment will be used, the
Level B harassment zone will be
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Shutdown distances
(m)
LF
MF
1,000
PW
OW
50
70
60
2,160
HF
250
200
100
1010
550
400
300
150
100
100
550
300
250
150
220
150
100
100
50
60
50
50
250
200
150
1200
650
500
300
150
150
100
650
350
300
200
260
150
150
100
150
100
100
550
300
250
150
100
50
50
300
200
150
100
120
100
50
50
50
monitored and implemented according
to pile size, type, and installation
method as outlined. The largest Level B
harassment zone extends to a radius of
12,023 m in at least one direction up or
down Tongass Narrows when a single
piece of driving equipment is being
utilized, making it impracticable for the
PSOs to consistently view the entire
harassment area. Due to this, detections
of exposures above the Level B
harassment thresholds will be recorded
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and takes will be estimated based upon
the number of these observed detections
and the percentage of the Level B
harassment zone that was not visible.
When two or more pieces of
equipment are used simultaneously, and
the noise they produce is not
continuous or is a combination of
continuous and impulsive, Table 4,
above, will be followed to define the
Level A and Level B harassment
monitoring zones for each piece of
equipment.
On days when multiple pieces of
equipment that produce continuous
noise are used simultaneously, source
levels will be determined as shown in
Table 9, Table 10, Table 11, and Table
12 of the initial final IHA (85 FR 673;
January 7, 2020). The calculated source
level will be used to determine the
Level B harassment monitoring zones in
accordance with values depicted in
Table 14 of the initial final IHA (85 FR
673; January 7, 2020). The potential
installation of up to eight piles per day
(from three) will not affect the Level B
harassment monitoring zones
calculations as the maximum number of
simultaneous pile installation activities
(three) has not changed from the initial
final IHA. The assumption stands that a
minimum of two pieces of equipment
will be used on 30 percent of
construction days; therefore, decreasing
the total number of pile installation
days from 128 to 90 days as well as the
number of days when the Level B
harassment zone size could exceed
12,023 m. The increase to eight zones
will require that daily activity
combinations be planned appropriately
by starting big and decreasing
throughout the day.
Soft Start—The use of a soft-start
procedure provides additional
protection to marine mammals by
providing warning and/or giving marine
mammals a chance to leave the area
prior to the hammer operating at full
capacity. For impact pile driving,
contractors will be required to provide
an initial set of strikes from the hammer
at reduced percent energy, each strike
followed by no less than a 30-second
waiting period. This procedure will be
conducted a total of three times before
impact pile driving begins. Soft Start is
not required during vibratory pile
driving and removal activities. If a
marine mammal is present within the
Level A harassment zone, soft start will
be delayed until the animal leaves the
Level A harassment zone. Soft start will
begin only after the PSO has
determined, through sighting, that the
animal has moved outside the Level A
harassment zone. If a marine mammal is
present in the Level B harassment zone,
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soft start may begin and a take by Level
B harassment will be recorded. Soft start
up may occur when these species are in
the Level B harassment zone, whether
they enter the Level B harassment zone
from the Level A harassment zone or
from outside the project area.
Pre-Activity Monitoring—Prior to the
start of daily in-water construction
activity, or whenever a break in pile
driving of 30 minutes or longer occurs,
the PSO will observe the shutdown and
monitoring zones for a period of 30
minutes. The shutdown zone will be
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,
a soft-start cannot proceed until the
animal has left the zone or has not been
observed for 15 minutes. If the Level B
harassment zone has been observed for
30 minutes and marine mammals are
not present within the zone, soft start
procedures can commence and work
can continue even if visibility becomes
impaired within the Level B harassment
zone. When a marine mammal
permitted for take by Level B
harassment is present in the Level B
harassment zone, piling activities may
begin and take by Level B harassment
will be recorded. As stated above, if the
entire Level B harassment zone is not
visible at the start of construction, piling
or drilling activities can begin. If work
ceases for more than 30 minutes, the
pre-activity monitoring of both the Level
B harassment and shutdown zone will
commence.
Timing Restrictions—ADOT&PF plans
to implement the Essential Fish Habitat
(EFH) Conservation Recommendations
developed by NMFS. These include a no
in-water work timing window for three
project components, Revilla New Ferry
Berth and Upland Improvements,
Gravina Airport Ferry Layup Facility,
and Revilla Refurbish Existing Ferry
Berth Facility, with no in-water work
occurring between March 1 and June 15.
Implementation of this timing window
will likely reduce exposure/take of
marine mammals to levels below what
has been predicted, because some
project locations will be able to install
piles when other locations may not.
During Phase 2 in-water pile
installation and removal on the Revilla
Island side of the Narrows will be
limited to no more than 2 hours that
shall not coincide with in-water pile
installation/removal activities on
Gravina Island.
Based on our evaluation of the
applicant’s required measures NMFS
has determined that the mitigation
measures provide the means of effecting
the least practicable impact on the
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affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
Monitoring and reporting
requirements prescribed by NMFS
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).
• Mitigation and monitoring
effectiveness.
Visual Monitoring
Monitoring would be conducted 30
minutes before, during, and 30 minutes
after pile driving/removal and drilling
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
equipment is no more than 30 minutes.
There will be at least one PSO present
at or near each construction site during
in-water pile installation and removal so
that all Level A harassment zones and
shutdown zones are monitored by a
dedicated PSO at all times. PSOs will
not perform duties for more than 12
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hours in a 24-hour period. PSOs would
be land-based observers, positioned at
the best practical vantage points. At
least one other PSO for each active
worksite will begin at the central
worksite and travel along the Tongass
Narrows until they have reached the
edges of the monitoring zones, based on
the Level B harassment zones. These
PSOs will then monitor the edges of the
monitoring zone and as much as
possible of the rest of the monitoring
zone, looking for animals entering the
Level B harassment zone. If waters
exceed a sea state that restricts the
PSO’s ability to make observations
within the Level A harassment zones
(e.g., excessive wind or fog), pile
installation and removal must cease.
Pile driving must not be re-initiated
until the entire relevant Level A
harassment zones are visible.
When combinations of one DTH drill
with a vibratory hammer, two DTH
drills, or two DTH drills with a
vibratory hammer are used
simultaneously, creating a Level B
harassment zone that is greater than
12,023 m in radius, one additional PSO
(at least two total) will be stationed at
the northernmost land-based location at
the entrance to Tongass Narrows. One
PSO will focus on Tongass Narrows,
specifically watching for marine
mammals that could approach or enter
Tongass Narrows and the project area.
The second PSO will look out into
Clarence Strait, watching for marine
mammals that could swim through the
ensonified area. This monitoring
requirement for concurrent driving
scenarios was not included in the
proposed IHAs. No additional PSOs will
be required at the southern-most
monitoring location because the Level B
harassment zones are truncated to the
southeast by islands, which prevent
propagation of sound in that direction
beyond the confines of Tongass
Narrows. Takes by Level B harassment
will be recorded by PSOs and
extrapolated based upon the number of
observed takes and the percentage of the
Level B harassment zone that was not
visible.
With this configuration, PSOs can
have a full view of the Level A
harassment zone and awareness of as
much of the Level B harassment zone as
possible. This monitoring will provide
information on marine mammal
occurrence within Tongass Narrows and
how these marine mammals are
impacted by pile installation and
removal.
As part of monitoring, PSOs will scan
the waters using binoculars, and/or
spotting scopes, and will use a
handheld GPS or range-finder device to
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verify the distance to each sighting from
the project site. All PSOs will be trained
in marine mammal identification and
behaviors and are required to have no
other project-related tasks while
conducting monitoring. In addition,
monitoring will be conducted by
qualified observers, who will be placed
at the best vantage point(s) practicable
to monitor for marine mammals and
implement shutdown/delay procedures
when applicable by calling for the
shutdown to the hammer operator. Each
construction Contractor managing an
active construction site and on-going inwater pile installation or removal will
provide qualified, independent PSOs for
their specific contract. The ADOT&PF
environmental coordinator for the
project will implement coordination
between or among the PSO contractors.
It will be a required component of their
contracts that PSOs coordinate,
collaborate, and otherwise work
together to ensure compliance with
project permits and authorizations.
Qualified observers are trained and/or
experienced professionals, with the
following minimum qualifications:
• Visual acuity in both eyes
(correction is permissible) sufficient for
discernment of moving targets at the
water’s surface with ability to estimate
target size and distance; use of
binoculars may be necessary to correctly
identify the target;
• Independent observers (i.e., not
construction personnel);
• Observers must have their CVs/
resumes submitted to and approved by
NMFS;
• Advanced education in biological
science or related field (i.e.,
undergraduate degree or higher).
Observers may substitute experience or
training for education;
• Experience and ability to conduct
field observations and collect data
according to assigned protocols (this
may include academic experience);
• At least one observer must have
prior experience working as an observer;
• 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 and
times when in-water construction
activities were suspended to avoid
potential incidental injury from
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12925
construction sound of marine mammals
observed within a defined shutdown
zone; 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.
Reporting
NMFS is requiring that ADOT&PF
submit a preliminary marine mammal
monitoring report for the work covered
under the initial IHA and this renewal
at least 4 months prior to beginning the
work covered under their second IHA,
referred to as Phase II (85 FR 673;
January 7, 2020). This preliminary
report must contain all items that would
be included in the draft final report,
listed below under ‘‘Reporting’’. This
will allow NMFS to assess the impact of
the activities relative to the analysis
presented here, and modify the IHA for
Phase II if the preliminary monitoring
report shows unforeseen impacts on
marine mammals in the area. If needed,
NMFS will publish an amended
proposed IHA, describing any changes
but referencing the original IHA for
Phase II, and include an opportunity for
the public to comment on the amended
authorization.
In addition to the preliminary
monitoring report discussed above,
separate draft marine mammal
monitoring reports must be submitted to
NMFS within 90 days after the
completion of both Phase 1 and Phase
2 pile driving, pile removal, and drilling
activities. These reports will include an
overall description of work completed,
a narrative regarding marine mammal
sightings, and associated PSO data
sheets. Specifically, the reports must
include:
• Date and time that monitored
activity begins and ends;
• Construction activities occurring
during each observation period;
• Weather parameters (e.g., percent
cover, visibility);
• Water conditions (e.g., sea state,
tide state);
• Species, numbers, and, if possible,
sex and age class of marine mammals;
• Description of any observable
marine mammal behavior patterns,
including bearing and direction of travel
and distance from pile driving activity;
• Distance from pile driving activities
to marine mammals and distance from
the marine mammals to the observation
point;
• Locations of all marine mammal
observations;
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• An estimate of total take based on
proportion of the monitoring zone that
was observed; and
• Other human activity in the area.
If no comments are received from
NMFS within 30 days, that phase’s draft
final report will constitute the final
report. If comments are received, a final
report for the given phase addressing
NMFS comments must be submitted
within 30 days after receipt of
comments.
In the event that personnel involved
in the construction activities discover
an injured or dead marine mammal,
ADOT&PF shall report the incident to
the Office of Protected Resources, NMFS
and to the Alaska Regional Stranding
Coordinator as soon as feasible. 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.
Preliminary Determinations
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. This includes
consideration of the minor changes
discussed above, as well as stock
abundance information. The estimated
abundance of the West Coast Transient
and Northern Resident Killer whale
stocks and Steller sea lion Eastern U.S.
stock have increased slightly, whereas,
the harbor seal, Clarence Strait stock
decreased slightly. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) The
required mitigation measures will affect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
ADOT&PF’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)
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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, in
this case with the NMFS’ Alaska
Regional Office.
NMFS’ Alaska Region issued a revised
Biological Opinion to NMFS’ Office of
Protected Resources on December 19,
2019 which concluded that issuance of
IHAs to ADOT&PF is not likely to
jeopardize the continued existence of
Mexico DPS humpback whales. Finally,
the regional office determined that the
renewal request (i.e., the minor changes
to the maximum number of piles per
day) will not alter take or require reinitiation of the consultation.
Dated: March 1, 2021.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–04525 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA914]
Marine Mammals; File No. 25498
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Titan Productions, Limited, 51–55
Whiteladies Road Bristol, BS8 2LY,
United Kingdom (Responsible Party:
Lucy Meadows), has applied in due
form for a permit to conduct commercial
or educational photography of
California sea lions (Zalophus
californianus), gray whales
(Eschrichtius robustus), and killer
whales (Orcinus orca).
DATES: Written, telefaxed, or email
comments must be received on or before
April 5, 2021.
SUMMARY:
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
These documents are
available upon written request via email
to NMFS.Pr1Comments@noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 25498 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman or Carrie Hubard, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216) and the Fur Seal Act of 1966,
as amended (16 U.S.C. 1151 et seq.).
The applicant proposes to film the
natural behaviors of California sea lions,
gray whales, and killer whales as part of
a wildlife documentary about the
marine life along the Pacific Coast.
Filmmakers would annually target up to
910 California sea lions in California,
408 gray whales in California, 1,200
killer whales in Alaska, and 405 killer
whales in California. Filming would
occur topside from the vessel,
underwater, and via an unmanned
aircraft system. Up to 200 bottlenose
dolphins (Tursiops truncatus), 75 Dall’s
porpoise (Phocoenoides dalli), 60 harbor
seals (Phoca vitulina), 200 short-beaked
common dolphins (Delphinus delphis),
200 long-beaked common dolphins
(Delphinus capensis), 60 Northern fur
seals (Callorhinus ursinus), 250 Pacific
white-side dolphins (Lagenorhynchus
obliquidens), and 200 Risso’s dolphins
(Grampus griseus) could be
unintentionally harassed annually
during filming. The film will be part of
a 10-episode natural history television
series broadcast on a major subscription
video on demand platform and will be
accessible to audiences worldwide. To
allow for scheduling changes, the
permit would be valid until December
31, 2022.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
ADDRESSES:
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12918-12926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04525]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA840]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass
Narrows, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed Renewal incidental
harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the Alaska Department of
[[Page 12919]]
Transportation and Public Facilities (ADOT&PF) for the Renewal of their
currently active incidental harassment authorization (IHA) to take
marine mammals incidental to activity related to Phase 1 of the two-
part ferry berth improvements and construction in Tongass Narrows, near
Ketchikan, AK. These activities consist of activities that are covered
by the current authorization but will not be completed prior to its
expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior
to issuing the currently active IHA, NMFS requested comments on both
the proposed IHA and the potential for renewing the initial
authorization if certain requirements were satisfied. The Renewal
requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed Renewal not previously provided during the initial 30-
day comment period.
DATES: Comments and information must be received no later than March
22, 2021.
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. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at https://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 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 MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time one-year Renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical or nearly identical activities as described in the
Detailed Description of Specific Activity section of this notice is
planned or (2) the activities as described in the Specified Activities
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).
(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. Any
comments received on the potential Renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA Renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested Renewal, and agency
[[Page 12920]]
responses will be summarized in the final notice of our decision.
The National Defense Authorization Act (Pub. L. 108-136) removed
the ``small numbers'' and ``specified geographical region'' limitations
indicated above and amended the definition of ``harassment'' as it
applies to a ``military readiness activity.''
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 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 Renewal 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 requests.
History of Request
On March 1, 2020, NMFS issued two, consecutive IHAs to ADOT&PF to
take marine mammals incidental to Phase I and II activity related to
ferry berth improvements and construction in Tongass Narrows, near
Ketchikan, AK (85 FR 673; January 7, 2020), effective from March 1,
2020 through February 28, 2021. On December 28, 2020, NMFS received an
application for the Renewal of the initial Phase I IHA. As described in
the application for Renewal IHA, the activities for which incidental
take is requested consist of activities that are covered by the initial
Phase 1 authorization but will not be completed prior to its
expiration. As required, the applicant also provided a preliminary
monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements) which confirms that the applicant has implemented
the required mitigation and monitoring, and which also shows that no
impacts of a scale or nature not previously analyzed or authorized have
occurred as a result of the activities conducted.
Description of the Specified Activities and Anticipated Impacts
ADOT&PF will be unable to complete all of the planned work of the
2020 IHA (Phase 1) on the ferry berths in Tongass Narrows before the
expiration date of February 28, 2021; therefore, they have requested a
Renewal IHA to authorize take of marine mammals for the subset of the
initially planned work among the four permanent project components
(i.e., new Revilla ferry berth, new Gravina Island Shuttle Ferry Berth
and Terminal Improvements, Gravina Airport Ferry Layup Facility and the
Gravina Freight) of Phase I that could not be completed. These planned
construction activities would allow ADOT&PF to improve the reliability
of the transportation system as well as access to Gravina Island and
Ketchikan International Airport. The renewal request includes two minor
changes to the activity. Specifically the number of days requested for
temporary pile driving and providing for a higher maximum number of
piles that may be installed per day via impact and vibratory driving
(up from a max of three to eight piles). This change does not
substantively affect the previous analysis or change the take estimate.
Otherwise, the activity is identical to the initial IHA and includes
four methods of pile installation: vibratory and impact hammers, down-
hole drilling of rock sockets, and installation of tension anchors at
some locations (see Tables 1 and 2). Moreover, Phase II activities will
only begin upon the completion of Phase I, as stated in the 2020 IHA.
Anticipated impacts would include both Level A harassment, which
will be identical to those analyzed and authorized in the 2020 IHA, and
Level B harassment of marine mammals (though fewer, since from a subset
of activities). ADOT&PF's request is for take of a small number of
eight species of marine mammals, by Level B harassment: Steller sea
lion (Eumetopias jubatus), harbor seal (Phoca vitulina richardii),
harbor porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides
dalli), Pacific white-sided dolphin (Lagenorhynchus bliquidens), killer
whale (Orcinus orca), humpback whale (Megaptera novaeangliae), and
minke whale (Balaenoptera acutorostrata). Of the eight species, three
(harbor seal, harbor porpoise, and Dall's porpoise) may also be taken
by Level A harassment. Monitoring results of the 2020 construction
activities indicate that observed exposures above Level A and Level B
harassment thresholds (see monitoring report) were below the amount
authorized in association with the amount of work conducted; thus, the
subset of Level A and Level B harassment take remaining from that
authorized under the 2019 IHA will be sufficient to cover the 2020 pile
installation and removal activities.
Detailed Description of the Activity
As discussed earlier, this is a Renewal to complete the subset of
the activity not completed under the initial IHA (85 FR 673; January 7,
2020). Due to construction schedule delays, designated work was only
conducted on 56 of the estimated 144 days (reduced to 101 days of pile
driving activity planned in the 2020 IHA). ADOT&PF installed 11
temporary piles (of which one was already removed) and 41 permanent
piles over approximately 23 construction days in 2020. As of the
submission of their Renewal request, ADOT&PF expected to drive pile for
40 more days and complete installation of (27) 24-inch trestle piles,
(5) 24-inch bridge abutment piles, (15) 24-inch floating fender dolphin
piles, 27 remaining sheet piles, and (10) 30-inch steel float piles for
the Revilla New Ferry Berth and Upland Improvements between January 4
and February 28, 2021 under the 2020 IHA. As of February 2, 2021, the
following work remains to be completed during the one-year 2021 renewal
IHA: installation of 192 piles, 73 rock sockets, and 78 tension anchors
and installation (38) and removal (40) of temporary piles. Although
some work may be completed between February 2 and the expiration of the
initial IHA (February 28), the applicant requests authorization for the
work remaining as of February 2 outlined in Tables 1 and 2. The
proposed Renewal would be effective for a period of one year from the
date of issuance.
This Renewal request is nearly identical to that of the 2020 IHA,
in that it is comprised of a subset of the work that was covered in the
initial IHA, with two small changes that do not affect the previous
analyses: the number of days requested for temporary pile driving and
the maximum number of piles that may be driven in a day, which has been
increased from three to eight.
Regarding the number of days of temporary pile driving, the initial
IHA application specified 7-11 days of temporary pile driving would be
needed to complete all projects during Phase 1. The temporary pile
driving at the Revilla New Ferry Berth required 7
[[Page 12921]]
days, instead of the 2-3 days listed in the IHA application, because of
subsurface boulders and weather conditions. It is expected that more
days than initially anticipated will be needed to complete the
remaining temporary pile driving; therefore, the renewal requests 5-8
days of temporary pile installation (the original needs of the
remaining three component projects) to complete the work, which is
still fewer than included in the initial IHA.
The mitigation and monitoring will be identical to that of the 2020
IHA, with the exception of enlarged shutdown zones that reflect the
modified Level A harassment zones, which have changed because of the
increased number of piles that may potentially be driven concurrently.
The shutdown zone for humpback whales will equal that of the Level A
zone, while the pile driving shutdown zones for all other hearing
groups are greater than Level A zones. A detailed description of the
construction activities for which take is proposed here may be found in
the notices of the proposed (84 FR 34134; July 17, 2019) and final IHAs
(85 FR 673; January 7, 2020) for the 2020 authorization. All documents
associated with the 2020 IHA (i.e., the IHA application, proposed IHA,
final IHA, public comments, monitoring reports, etc.) can be found on
NMFS's website, https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements.
Table 1--Permanent Pile Details and Estimated Effort Required for Pile Installation During 2021 Renewal
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average drilling Average Average
Number of Number of Number of vibratory duration for Impact duration piles per Days of
Project component pile type piles rock tension duration per rock sockets strikes per (minutes) per day installation
sockets anchors pile per pile pile pile for (range)
(minutes) (minutes) vibratory
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Revilla New Ferry Berth and Upland Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24'' Pile Diameter............................................... 15 0 12 30 N/A 200 30 1.5 (1-3) 36
30'' Pile Diameter............................................... 2 0 14 30 N/A 200 30 1.5 (1-3) 12
30'' Sheet Pile.................................................. 0 Completed ........... .............. .............. ........... .............. ........... ............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24'' Pile Diameter............................................... 65 52 25 15 120 50 15 1.5 (1-3) 44
30'' Pile Diameter............................................... 8 4 4 15 180 50 15 1.5 (1-3) 5
27.6'' Sheet Pile................................................ 74 N/A N/A 15 N/A N/A 15 6 12
(6-12)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gravina Airport Ferry Layup Facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
18'' Pile Diameter............................................... 3 0 0 15 N/A 50 15 1.5 (1-3) 2
30'' Pile Diameter............................................... 12 12 10 15 180 50 15 1.5 8
(1-3)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gravina Freight Facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
20'' Pile Diameter............................................... 6 0 6 15 N/A 50 15 1.5 (1-3) 4
24'' Pile Diameter............................................... 3 3 3 .............. 120 50 15 1.5 (1-3) 2
30'' Pile Diameter............................................... 4 2 4 15 180 50 15 1.5 (1-3) 3
------------------------------------------------------------------------------------------------------------------------------
PHASE 1 Total................................................ 192 73 78 .............. .............. ........... .............. ........... 128 \a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a. Identically to Phase I, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days reduces in-water construction to 90 days.
Table 2--Numbers of Temporary Piles Planned To Be Installed and Removed for Each Project Component in 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
vibratory
Number of Average vibratory duration duration per Days of Days of
Project component temporary per pile for installation pile for installation removal Piles per day
piles (minutes) removal
(minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revilla New Ferry Berth and Upland 8 0-currently installed....... 15 0 2 to 3 4 to 6
Improvements.
New Gravina Island Shuttle Ferry Berth/ 12 15.......................... 15 2 to 3 2 to 3 4 to 6
Related Terminal Improvements.
Gravina Airport Ferry Layup Facility...... 8 15.......................... 15 1 to 2 0.75 to 2 4 to 6
Gravina Freight Facility.................. 12 15.......................... 15 2 to 3 2 to 3 4 to 6
-------------------------------------------------------------------------------------------------------------
Total................................. 40 480 (8 hrs)................. 600 (10 hrs) 5-11 7-11 ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notices of the Proposed (84 FR 34134; July 17, 2019) and Final (85 FR
673; January 7, 2020) IHAs for the initial authorization. NMFS has
reviewed the monitoring data from the initial IHA, recent draft Stock
Assessment Reports (SARs), information on relevant Unusual Mortality
Events,
[[Page 12922]]
and other scientific literature, and determined that neither this nor
any other new information affects which species or stocks have the
potential to be affected or the pertinent information in the
Description of the Marine Mammals in the Area of Specified Activities
contained in the supporting documents for the initial IHA. Updated
stock abundances were used in this analysis and take estimation
calculations per the 2020 SARs.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
proposed here may be found in the notices of the Proposed (84 FR 34134;
July 17, 2019) and Final (85 FR 673; January 7, 2020) IHAs for the
initial authorization. NMFS has reviewed the monitoring data from the
initial IHA, recent draft SARs, 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. The applicant submitted
the required preliminary monitoring results and the monitoring to date
does not contradict the original take calculations or indicate impacts
of a scale or nature not previously analyzed or authorized.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
Proposed (84 FR 34134; July 17, 2019) and Final (85 FR 673; January 7,
2020) IHAs for the initial authorization. Specifically, the source
levels, days of operation, and marine mammal density/occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA, with the exception of the fact that there are fewer days of
operation since this activity is a subset of that covered in the
initial IHA. Only the maximum number of piles that may be installed per
day via impact and vibratory driving is increasing from a maximum of
three to eight piles. Similarly, the stocks taken, methods of take, and
types of take remain unchanged from the previously issued IHA, as do
the number of takes (Level B harassment will be fewer, since from a
subset of activities), which are indicated below in Table 3.
The potential installation of up to eight piles per day (from
three) increases the potential maximum radius of the Level A harassment
zone from 550 to 1010 meters (m) for low-frequency, 650 to 1200 m for
high-frequency, and 300 to 550 m for phocid pinnipeds hearing groups
when driving a 30-inch pile. However, the likelihood of marine mammals
entering these zones and staying for a duration sufficient to incur
permanent threshold shift is considered low, and the rationale and take
estimates presented in the initial proposed IHA (which were based on
the likelihood of an individual or group entering the area some number
of times during the activity, as opposed to being based on a density)
remain applicable. Further, the detections reported in the preliminary
monitoring report do not suggest that the methods or estimated takes
need to be modified, even in consideration of the potentially larger
Level A harassment zones.
Table 3--Proposed Take Numbers to be Authorized by Species/Stock
----------------------------------------------------------------------------------------------------------------
Total
Estimated Estimated estimated
number of number of exposures
Species DPS/stock exposures to exposures to (level A and
level B level A level B
harassment harassment harassment)
----------------------------------------------------------------------------------------------------------------
Steller sea lion...................... Eastern DPS............. 1,800 0 1,800
Harbor seal........................... Clarence Strait......... 765 18 783
Harbor porpoise....................... Southeast Alaska........ 109 15 124
Dall's porpoise....................... Alaska.................. 317 15 332
Pacific white-sided dolphin........... North Pacific........... 92 0 92
Killer whale.......................... Alaska Resident......... 144 0 144
Northern Resident.......
West Coast Transient....
Humpback whale \1\.................... Hawaii DPS.............. 238 0 238
Mexico DPS.............. 15 0 15
Minke whale........................... Alaska.................. 7 0 7
----------------------------------------------------------------------------------------------------------------
Note: DPS = distinct population segment.
\1\ Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA, and the discussion of the least practicable adverse impact
included in that document and the notice of the proposed IHA (84 FR
34134; July 17, 2019) remains accurate with the minor modifications to
the shutdown zones to reflect the revised Level A harassment zones. As
with the initial IHA, pile driving shutdown zones greater than Level A
Harassment zones will be implemented for all hearing groups (except for
humpback whales, for which the shutdown zone will be equal to the Level
A harassment zone). As noted previously, Level A harassment zones will
increase for 24 and 30-inch impact driving in low-frequency, high-
frequency, and Phocid pinnipeds hearing groups and the shutdown zones
have been enlarged accordingly to encompass them (rounded up to the
nearest 10 m, per NMFS standard practice, a slight change from the
initial IHA, which included rounding to the nearest 50 m, as proposed
by ADOT&PF). We have considered these changes to shutdown zones, and
they do not change our determination that the proposed measures will
affect the least practicable adverse impact on all affected species or
stocks and their habitat.
The following measures are proposed for this renewal:
Conduct briefings between construction supervisors and
crews and the marine mammal monitoring team prior to the start of all
pile driving activity, and when new personnel join
[[Page 12923]]
the work, to explain responsibilities, communication procedures, marine
mammal monitoring protocol, and operational procedures;
For in-water heavy machinery work other than pile driving/
removal and drilling (e.g., standard barges, tug boats), if a marine
mammal comes within 10 m, operations shall cease and vessels shall
reduce speed to the minimum level required to maintain steerage and
safe working conditions. This type of work could include the following
activities: (1) Movement of the barge to the pile location; or (2)
positioning of the pile on the substrate via a crane (i.e., stabbing
the pile);
Work may only occur during daylight hours, when visual
monitoring of marine mammals can be conducted;
For any marine mammal species for which take by Level B
harassment has not been requested or authorized, in-water pile
installation/removal and drilling will shut down immediately when the
animals are sighted;
In the event that more than one contractor is working at
the same time, they will maintain radio or cellular coordination in
order to coordinate pile installation and removal and provide adequate
monitoring by protected species observers; and
If take by Level B harassment reaches the authorized limit
for an authorized species, pile installation will be stopped as these
species approach the Level B harassment zone to avoid additional take
of them.
Establishment of Shutdown Zone for Level A Harassment--For all pile
driving/removal and drilling activities, ADOT&PF will establish a
shutdown zone. 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, marine
mammal hearing group, and in the case of impact pile driving,
additional details about the activity including the expected number of
pile strikes required, size of the pile, and number of piles to be
driven during that day (See Table 4). The placement of protected
species observers (PSOs) during all pile driving, pile removal, and
drilling activities will ensure that the entire shutdown zone is
visible during pile installation.
The shutdown zones shown in Table 4 apply when a single piece of
equipment is in use. In addition, ADOT&PF will implement a shutdown
zone of 100 m for each vibratory hammer on days when it is anticipated
that multiple vibratory hammers will be used. The ADOT&PF will also
implement a shutdown zone of 100 m for each down-the-hole (DTH) drill
on days when it is anticipated that two DTH drills will be used.
Table 4--Shutdown Zones During Use of a Single Piece of Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Piles Level B Shutdown distances (m)
Minutes per pile or installed harassment --------------------------------------------
Activity Pile size (inches) strikes per pile or removed isopleth
per day (m) LF MF HF PW OW
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation............. 30................... 30 min............... 8 6,310 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
24, 18............... 30 min............... 8 5,420
27.6 sheet pile, 30.3 15 min............... 10 4,650
sheet pile.
Vibratory Removal.................. 24, 16............... 30 min............... 5 5,420
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Rock Sockets.............. 30................... 180 min.............. 3 12,030 70 50 60
------------------
24, 18............... 120 min.............. 3 60 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact Installation................ 30................... 50 strikes........... 3 2,160 250 50 250 150 50
2 200 200 100
1 100 150 100
200 strikes.......... 8 1010 1200 550
3 550 650 300
2 400 500 250
1 300 300 150
24................... 50 strikes........... 3 1,000 150 150 100
2 100 150 50
1 100 100 50
200 strikes.......... 8 550 650 300
3 300 350 200
2 250 300 150
1 150 200 100
18................... 50 strikes........... 8 220 260 120
3 150 150 100
2 100 150 50
1 100 100 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Establishment of Monitoring Zones for Level B Harassment--ADOT&PF
will establish monitoring zones, based on the Level B harassment zones
which are areas where sound pressure levels (SPLs) are equal to or
exceed the 160 dB rms (decibel root mean square) threshold for impact
driving and the 120 dB rms threshold during vibratory driving,
vibratory removal, and drilling. Monitoring zones provide utility for
observing marine mammals 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 cease
of activity should the animal enter the shutdown zone. On days and at
times when a single piece of pile installation or removal equipment
will be used, the Level B harassment zone will be monitored and
implemented according to pile size, type, and installation method as
outlined. The largest Level B harassment zone extends to a radius of
12,023 m in at least one direction up or down Tongass Narrows when a
single piece of driving equipment is being utilized, making it
impracticable for the PSOs to consistently view the entire harassment
area. Due to this, detections of exposures above the Level B harassment
thresholds will be recorded
[[Page 12924]]
and takes will be estimated based upon the number of these observed
detections and the percentage of the Level B harassment zone that was
not visible.
When two or more pieces of equipment are used simultaneously, and
the noise they produce is not continuous or is a combination of
continuous and impulsive, Table 4, above, will be followed to define
the Level A and Level B harassment monitoring zones for each piece of
equipment.
On days when multiple pieces of equipment that produce continuous
noise are used simultaneously, source levels will be determined as
shown in Table 9, Table 10, Table 11, and Table 12 of the initial final
IHA (85 FR 673; January 7, 2020). The calculated source level will be
used to determine the Level B harassment monitoring zones in accordance
with values depicted in Table 14 of the initial final IHA (85 FR 673;
January 7, 2020). The potential installation of up to eight piles per
day (from three) will not affect the Level B harassment monitoring
zones calculations as the maximum number of simultaneous pile
installation activities (three) has not changed from the initial final
IHA. The assumption stands that a minimum of two pieces of equipment
will be used on 30 percent of construction days; therefore, decreasing
the total number of pile installation days from 128 to 90 days as well
as the number of days when the Level B harassment zone size could
exceed 12,023 m. The increase to eight zones will require that daily
activity combinations be planned appropriately by starting big and
decreasing throughout the day.
Soft Start--The use of a soft-start procedure provides additional
protection to marine mammals by providing warning and/or giving marine
mammals a chance to leave the area prior to the hammer operating at
full capacity. For impact pile driving, contractors will be required to
provide an initial set of strikes from the hammer at reduced percent
energy, each strike followed by no less than a 30-second waiting
period. This procedure will be conducted a total of three times before
impact pile driving begins. Soft Start is not required during vibratory
pile driving and removal activities. If a marine mammal is present
within the Level A harassment zone, soft start will be delayed until
the animal leaves the Level A harassment zone. Soft start will begin
only after the PSO has determined, through sighting, that the animal
has moved outside the Level A harassment zone. If a marine mammal is
present in the Level B harassment zone, soft start may begin and a take
by Level B harassment will be recorded. Soft start up may occur when
these species are in the Level B harassment zone, whether they enter
the Level B harassment zone from the Level A harassment zone or from
outside the project area.
Pre-Activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, the PSO will observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone will be
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, a soft-start cannot proceed until the animal has left
the zone or has not been observed for 15 minutes. If the Level B
harassment zone has been observed for 30 minutes and marine mammals are
not present within the zone, soft start procedures can commence and
work can continue even if visibility becomes impaired within the Level
B harassment zone. When a marine mammal permitted for take by Level B
harassment is present in the Level B harassment zone, piling activities
may begin and take by Level B harassment will be recorded. As stated
above, if the entire Level B harassment zone is not visible at the
start of construction, piling or drilling activities can begin. If work
ceases for more than 30 minutes, the pre-activity monitoring of both
the Level B harassment and shutdown zone will commence.
Timing Restrictions--ADOT&PF plans to implement the Essential Fish
Habitat (EFH) Conservation Recommendations developed by NMFS. These
include a no in-water work timing window for three project components,
Revilla New Ferry Berth and Upland Improvements, Gravina Airport Ferry
Layup Facility, and Revilla Refurbish Existing Ferry Berth Facility,
with no in-water work occurring between March 1 and June 15.
Implementation of this timing window will likely reduce exposure/take
of marine mammals to levels below what has been predicted, because some
project locations will be able to install piles when other locations
may not.
During Phase 2 in-water pile installation and removal on the
Revilla Island side of the Narrows will be limited to no more than 2
hours that shall not coincide with in-water pile installation/removal
activities on Gravina Island.
Based on our evaluation of the applicant's required measures NMFS
has determined that the mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
Monitoring and reporting requirements prescribed by NMFS 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).
Mitigation and monitoring effectiveness.
Visual Monitoring
Monitoring would be conducted 30 minutes before, during, and 30
minutes after pile driving/removal and drilling 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 equipment is no more than 30 minutes.
There will be at least one PSO present at or near each construction
site during in-water pile installation and removal so that all Level A
harassment zones and shutdown zones are monitored by a dedicated PSO at
all times. PSOs will not perform duties for more than 12
[[Page 12925]]
hours in a 24-hour period. PSOs would be land-based observers,
positioned at the best practical vantage points. At least one other PSO
for each active worksite will begin at the central worksite and travel
along the Tongass Narrows until they have reached the edges of the
monitoring zones, based on the Level B harassment zones. These PSOs
will then monitor the edges of the monitoring zone and as much as
possible of the rest of the monitoring zone, looking for animals
entering the Level B harassment zone. If waters exceed a sea state that
restricts the PSO's ability to make observations within the Level A
harassment zones (e.g., excessive wind or fog), pile installation and
removal must cease. Pile driving must not be re-initiated until the
entire relevant Level A harassment zones are visible.
When combinations of one DTH drill with a vibratory hammer, two DTH
drills, or two DTH drills with a vibratory hammer are used
simultaneously, creating a Level B harassment zone that is greater than
12,023 m in radius, one additional PSO (at least two total) will be
stationed at the northernmost land-based location at the entrance to
Tongass Narrows. One PSO will focus on Tongass Narrows, specifically
watching for marine mammals that could approach or enter Tongass
Narrows and the project area. The second PSO will look out into
Clarence Strait, watching for marine mammals that could swim through
the ensonified area. This monitoring requirement for concurrent driving
scenarios was not included in the proposed IHAs. No additional PSOs
will be required at the southern-most monitoring location because the
Level B harassment zones are truncated to the southeast by islands,
which prevent propagation of sound in that direction beyond the
confines of Tongass Narrows. Takes by Level B harassment will be
recorded by PSOs and extrapolated based upon the number of observed
takes and the percentage of the Level B harassment zone that was not
visible.
With this configuration, PSOs can have a full view of the Level A
harassment zone and awareness of as much of the Level B harassment zone
as possible. This monitoring will provide information on marine mammal
occurrence within Tongass Narrows and how these marine mammals are
impacted by pile installation and removal.
As part of monitoring, PSOs will scan the waters using binoculars,
and/or spotting scopes, and will use a handheld GPS or range-finder
device to verify the distance to each sighting from the project site.
All PSOs will be trained in marine mammal identification and behaviors
and are required to have no other project-related tasks while
conducting monitoring. In addition, monitoring will be conducted by
qualified observers, who will be placed at the best vantage point(s)
practicable to monitor for marine mammals and implement shutdown/delay
procedures when applicable by calling for the shutdown to the hammer
operator. Each construction Contractor managing an active construction
site and on-going in-water pile installation or removal will provide
qualified, independent PSOs for their specific contract. The ADOT&PF
environmental coordinator for the project will implement coordination
between or among the PSO contractors. It will be a required component
of their contracts that PSOs coordinate, collaborate, and otherwise
work together to ensure compliance with project permits and
authorizations. Qualified observers are trained and/or experienced
professionals, with the following minimum qualifications:
Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
Independent observers (i.e., not construction personnel);
Observers must have their CVs/resumes submitted to and
approved by NMFS;
Advanced education in biological science or related field
(i.e., undergraduate degree or higher). Observers may substitute
experience or training for education;
Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience);
At least one observer must have prior experience working
as an observer;
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 and times when in-water construction
activities were suspended to avoid potential incidental injury from
construction sound of marine mammals observed within a defined shutdown
zone; 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.
Reporting
NMFS is requiring that ADOT&PF submit a preliminary marine mammal
monitoring report for the work covered under the initial IHA and this
renewal at least 4 months prior to beginning the work covered under
their second IHA, referred to as Phase II (85 FR 673; January 7, 2020).
This preliminary report must contain all items that would be included
in the draft final report, listed below under ``Reporting''. This will
allow NMFS to assess the impact of the activities relative to the
analysis presented here, and modify the IHA for Phase II if the
preliminary monitoring report shows unforeseen impacts on marine
mammals in the area. If needed, NMFS will publish an amended proposed
IHA, describing any changes but referencing the original IHA for Phase
II, and include an opportunity for the public to comment on the amended
authorization.
In addition to the preliminary monitoring report discussed above,
separate draft marine mammal monitoring reports must be submitted to
NMFS within 90 days after the completion of both Phase 1 and Phase 2
pile driving, pile removal, and drilling activities. These reports will
include an overall description of work completed, a narrative regarding
marine mammal sightings, and associated PSO data sheets. Specifically,
the reports must include:
Date and time that monitored activity begins and ends;
Construction activities occurring during each observation
period;
Weather parameters (e.g., percent cover, visibility);
Water conditions (e.g., sea state, tide state);
Species, numbers, and, if possible, sex and age class of
marine mammals;
Description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity;
Distance from pile driving activities to marine mammals
and distance from the marine mammals to the observation point;
Locations of all marine mammal observations;
[[Page 12926]]
An estimate of total take based on proportion of the
monitoring zone that was observed; and
Other human activity in the area.
If no comments are received from NMFS within 30 days, that phase's
draft final report will constitute the final report. If comments are
received, a final report for the given phase addressing NMFS comments
must be submitted within 30 days after receipt of comments.
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, ADOT&PF shall report the
incident to the Office of Protected Resources, NMFS and to the Alaska
Regional Stranding Coordinator as soon as feasible. 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.
Preliminary Determinations
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. This includes consideration of the minor
changes discussed above, as well as stock abundance information. The
estimated abundance of the West Coast Transient and Northern Resident
Killer whale stocks and Steller sea lion Eastern U.S. stock have
increased slightly, whereas, the harbor seal, Clarence Strait stock
decreased slightly. Based on the information and analysis contained
here and in the referenced documents, NMFS has determined the
following: (1) The required mitigation measures will affect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) ADOT&PF'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, in this case with the NMFS' Alaska
Regional Office.
NMFS' Alaska Region issued a revised Biological Opinion to NMFS'
Office of Protected Resources on December 19, 2019 which concluded that
issuance of IHAs to ADOT&PF is not likely to jeopardize the continued
existence of Mexico DPS humpback whales. Finally, the regional office
determined that the renewal request (i.e., the minor changes to the
maximum number of piles per day) will not alter take or require re-
initiation of the consultation.
Dated: March 1, 2021.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-04525 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-22-P
