Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Treasure Island Ferry Dock Project, San Francisco, California, 28752-28758 [2021-11287]
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB115]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Treasure Island
Ferry Dock Project, San Francisco,
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed issuance of an
Incidental Harassment Authorization
(IHA); request for comments.
AGENCY:
NMFS has received a request
from the City and County of San
Francisco, CA (San Francisco) for an
incidental harassment authorization
(IHA) to take marine mammals
incidental to the Treasure Island Ferry
Dock Project in San Francisco,
California. These activities consist of
activities that are covered by the current
authorization but will not be completed
prior to its expiration. Some changes
have occurred during this year’s
evaluation of the project. Pursuant to
SUMMARY:
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the Marine Mammal Protection Act,
NMFS is requesting comments on its
proposal to issue an IHA to incidentally
take marine mammals during the
specified activities. NMFS is also
requesting comments on a possible oneyear renewal IHA that could be issued
under certain circumstances and if all
requirements are met, as described in
Request for Public Comments at the end
of this notice. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than June 28, 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.Meadows@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:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act
(MMPA) prohibits the ‘‘take’’ of marine
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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 proposed 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.
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 NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
History of Request
On July 15, 2020, NMFS issued an
IHA to San Francisco to take marine
mammals incidental to the Treasure
Island Ferry Dock Project in San
Francisco, California (85 FR 44043, July
21,2020), effective from July 15, 2020
through July 14, 2021. On March 10,
2021, NMFS received an application for
the Renewal of that initial IHA. As
described in the application for Renewal
IHA, the activities for which incidental
take is requested consist of a subset
activities that are covered by the initial
authorization but will not be completed
prior to its expiration. However, because
the only remaining work is pile
removal, which takes less time per pile,
the applicant requested take based on 12
piles maximum removed per day, which
was not explicitly discussed as one of
the scenarios in the initial IHA process.
The initial IHA process explicitly
analyzed a number of scenarios for each
phase of the work that were clearly
described as the worst possible
scenarios that could occur among a
possible range of scenarios. The
currently requested work is clearly less
impactful than those scenarios and thus
we believe this situation could qualify
as a Renewal IHA. However, out of an
abundance of caution, and because there
is time for a full 30 day public comment
period, we choose to treat this
application as a standard submission
and not a Renewal. San Francisco
requested the new IHA be effective from
July 15, 2021 through July 14, 2022.
Description of the Specified Activities
and Anticipated Impacts
As described in the 2020 IHA, the
project consists of the construction of a
ferry terminal, breakwater, fireboat
access pier, and removal of an old pier
on Treasure Island in the middle of San
Francisco Bay. Construction involved
driving and/or removal of 36-inchdiameter steel piles and 14-inch steel H
piles, driving of 48-inch-diameter steel
piles and 24-inch octagonal concrete
piles, and removal of 12-inch diameter
timber piles that supported the old pier.
All pile installation has been completed
as has removal of the old pier. The only
work that remains is removal of 2 36inch-diameter steel piles and 64 14-inch
diameter steel H piles. Table 1
summarizes the original work
authorized in the initial 2020 IHA, work
completed to date under the initial 2020
IHA, work expected to be completed
before the initial 2020 IHA expires, and
work expected to be completed under
this newly requested IHA. San
Francisco’s request is for take for the
work expected to be completed before
the initial 2020 IHA expires, and work
expected to be completed under this
newly requested IHA, just in case some
of that work is not completed as
expected. Pile removal is expected to
take no more than 25 days. Pile removal
would use vibratory methods only.
TABLE 1—SUMMARY OF WORK AUTHORIZED, COMPLETED, AND PROPOSED FOR AUTHORIZATION
Piles
Activity
Location
Install Temporary Steel Template Piles (Vibratory).
Remove Temporary Steel Template Piles (Vibratory).
Install Octagonal Piles for North Breakwater
(Impact).
Install Sheetpiles for North Breakwater (Impact).
Install Temporary Steel Template Piles (Vibratory).
Remove Temporary Steel Template Piles (Vibratory).
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Number
authorized
in initial
IHA
Number
completed to
date in
initial IHA
Number to be
completed
before
initial IHA
expires
Number to be
completed in
proposed IHA
Type
Ferry Pier ...................
4
0
0
0
14-inch steel H-piles.
Ferry Pier ...................
12
8
0
2
14-inch steel H-piles.
North Breakwater ......
52
47
0
0
North Breakwater ......
120
98
0
0
North Breakwater ......
105
30
0
0
24-inch octagonal concrete.
14-inch concrete
sheetpiles.
14-inch steel H-piles.
North Breakwater ......
105
32
15
25
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14-inch steel H-piles.
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TABLE 1—SUMMARY OF WORK AUTHORIZED, COMPLETED, AND PROPOSED FOR AUTHORIZATION—Continued
Piles
Activity
Location
Install Temporary Steel Template Batter Piles
(Vibratory).
Remove Temporary Steel Template Batter
Piles (Vibratory).
Install Temporary Mooring Piles (Vibratory) ....
Remove Temporary Mooring Piles (Vibratory)
Install Temporary Mooring Batter Piles (Vibratory).
Remove Temporary Mooring Batter Piles (Vibratory).
Install Crew Access Piles (Vibratory) ...............
Remove Crew Access Piles (Vibratory) ...........
Remove Existing Pier (vibratory or crane
cable).
Total ..........................................................
Number
authorized
in initial
IHA
Number
completed to
date in
initial IHA
Number to be
completed
before
initial IHA
expires
Number to be
completed in
proposed IHA
Type
North Breakwater ......
46
15
0
0
14-inch steel H-piles.
North Breakwater ......
46
16
6
10
14-inch steel H-piles.
Mooring ......................
Mooring ......................
Mooring ......................
2
2
4
0
0
0
0
2
0
0
0
0
36-inch steel pipe.
36-inch steel pipe.
14-inch steel H-piles.
Mooring ......................
4
0
4
0
14-inch steel H-piles.
Mooring ......................
Mooring ......................
Pier ............................
2
2
198
0
0
198
0
2
0
0
0
0
14-inch steel H-piles.
14-inch steel H-piles.
12-inch timber.
....................................
704
444
29
37
N/A.
Note: Number authorized in initial IHA was maximum expected so total numbers completed and to be completed do not necessarily total to this number.
A detailed description of the
demolition and construction activities
for which take is proposed here may be
found in the notices of the proposed and
final IHAs for the initial 2020
authorization. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the
previous notices. The initial 2020 IHA
authorized take from pile driving and
removal, by Level A and Level B
harassment of harbor seals (Phoca
vitulina), California sea lions (Zalophus
californianus) and harbor porpoises
(Phocoena phocoena), and take by Level
B harassment only of gray whales
(Eschrichtius robustus), bottlenose
dolphins (Tursiops truncatus), elephant
seals (Mirounga angustirostris), and
Northern fur seals (Callorhinus ursinus).
Because only pile removal remains and
there will be no simultaneous piling
with multiple hammers, Level A
harassment take is not necessary nor
proposed to be authorized for this new
IHA.
The proposed IHA would be effective
from July 15, 2021 through July 14,
2022. All documents from the initial
2020 IHA can be viewed from the
project web page (https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-treasureisland-ferry-dock-project-san-franciscocalifornia).
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 notice of the proposed IHA
for the initial 2020 authorization. NMFS
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has reviewed the monitoring data from
the initial 2020 IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or the pertinent information
in the Description of the Marine
Mammals contained in the supporting
documents for the initial 2020 IHA. The
only difference is an updated stock
abundance estimate for the San
Francisco/Russian River stock of harbor
porpoises which has decreased from
9,886 to 7,524. We consider this change
in our findings below.
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 and final IHAs for the initial
2020 authorization. NMFS has reviewed
the monitoring data from the initial
2020 IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that neither this nor any
other new information affects our initial
analysis of impacts on marine mammals
and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the notice
of the final IHA for the 2020
authorization. Specifically, the source
levels and marine mammal density/
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occurrence data applicable to this
authorization remain unchanged from
the 2020 IHA. Similarly, the stocks
taken and methods of take remain
unchanged from the 2020 IHA. As noted
above, the types of take requested and
proposed no longer include Level A
harassment take because only pile
removal remains and there will be no
simultaneous piling with multiple
hammers. The only change is the
decreased number of days of operation
and the necessity of revising the
scenarios used to estimate take. No use
of multiple hammers or simultaneous
removal as was considered in the initial
2020 IHA is planned for this IHA. In
addition to not using multiple hammers
for this IHA, because of the limited
number and type of piles remaining,
and the work only being pile removal by
vibratory hammer with no installation,
the original scenarios used to estimate
take and shutdown zones are no longer
relevant. The remaining scenarios for
this IHA are: (1) Two days of work
removing the two 36-inch steel piles
and (2) 23 days removing up to 12 steel
H piles per day. Both of these scenarios
are reductions from the worst case
scenarios presented in the initial
proposed IHA. The new scenario 1
above has no simultaneous driving, uses
only a vibratory hammer with no impact
hammering, and involves 36-inch piles
rather than the 48-inch piles considered
in the worst case scenarios of the initial
proposed IHA. The new Scenario 2
above has no simultaneous driving, uses
only a vibratory hammer with no impact
hammering, and has a maximum of 120
minutes per day of vibratory hammer
use as opposed to the worst case
scenarios in the initial proposed IHA
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which considered up to 180 minutes per
day of vibratory hammer use.
The inputs to calculate the Level A
and Level B harassment isopleths for the
new scenarios are in Table 2. The
resulting Level A and Level B
harassment isopleths are in Table 3.
These new Level A and Level B
isopleths are smaller than the worst case
scenarios considered in the initial
proposed IHA.
TABLE 2—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUTS TO CALCULATE LEVEL A AND LEVEL B ISOPLETHS
FOR THE PILE REMOVAL SCENARIOS
Pile type
14-Inch H
Source Level (RMS SPL) ........................................................................................................................................
Number of piles per day ..........................................................................................................................................
Duration to remove a single pile (minutes) .............................................................................................................
Distance of source level measurement (m) ............................................................................................................
36-Inch steel
150
12
10
10
170
2
10
10
TABLE 3—CALCULATED DISTANCES (METERS) TO LEVEL A AND LEVEL B HARASSMENT ISOPLETHS (m) DURING PILE
REMOVAL FOR EACH HEARING GROUP AND PILE TYPE
Pile type
Low-frequency
cetaceans
Mid-frequency
cetaceans
2.0
13.1
0.2
1.2
14-inch H ..................................................
36-inch Steel ............................................
As was done in the initial 2020 IHA,
we use density data from the multiple
years of the San Francisco-Oakland Bay
Bridge (SFOBB) project to estimate take
for harbor seal, California sea lion, and
Harbor porpoise, and for other species
we use more qualitative data on
observations from the SFOBB project
and observations from year one of this
Highfrequency
cetaceans
Phocid
pinnipeds
3.0
19.3
project along with local information on
strandings and other biology. The
density calculations are shown in Table
4. For bottlenose dolphin, take is still
estimated at 0.33 dolphins per day for
an estimated Level B harassment take of
9 dolphins. For the other species where
we used qualitative information to
estimate Level B harassment take in the
Otariid
pinnipeds
1.2
7.9
Level B
0.1
0.6
1,000
21,545
initial IHA, we propose Level B
harassment take at 40 percent of the take
from the initial 2020 IHA, that is 4 Level
B harassment takes each for gray whales
and northern elephant seals, and 2 takes
for northern fur seals. The proposed
takes are indicated in Table 5 along with
the authorized take from the initial 2020
IHA.
TABLE 4—CALCULATIONS OF LEVEL B HARASSMENT TAKE FROM DENSITY DATA BY SPECIES
Harbor
porpoise
SFOBB density (animals/square km) ..........................................................................................
California
sea lion
Harbor seal
0.17
0.16
3.96
23
2
23
2
23
2
Piling Scenario
Days of Pile Driving:
14-inch steel H-pile ...............................................................................................................
36-inch steel pipe .................................................................................................................
Area of Isopleth in square kilometers:
14-inch steel H-pile ...............................................................................................................
36-inch steel pipe .................................................................................................................
Per day take Level B:
14-inch steel H-pile ...............................................................................................................
36-inch steel pipe .................................................................................................................
1.48
117
1.48
117
1.48
117
0.25
19.89
0.24
18.72
5.86
463.32
Total Level B Take Calculated ......................................................................................
46
43
1,062
TABLE 5—PROPOSED AUTHORIZED AMOUNT OF TAKING, BY LEVEL B HARASSMENT, BY SPECIES AND STOCK AND
PERCENT OF TAKE BY STOCK AND TAKE AUTHORIZED IN INITIAL 2020 IHA
2020 Authorized take
Proposed
Level B take
Species
Level B
Harbor seal (Phoca vitulina) California Stock ..................................................
Harbor porpoise (Phocoena phocoena) San Francisco—Russian River
Stock ............................................................................................................
California sea lion (Zalophus californianus) U.S. Stock ..................................
Gray whale (Eschrichtius robustus) Eastern North Pacific Stock ...................
Common bottlenose dolphin (Tursiops truncatus) California Coastal Stock ...
Northern elephant seal (Mirounga angustirostris) California breeding Stock
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Level A
Percent of
stock
12,461
20
1,062
0.4
538
502
10
61
10
7
10
0
0
0
46
43
4
9
4
0.6
<0.1
<0.1
2
<0.1
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TABLE 5—PROPOSED AUTHORIZED AMOUNT OF TAKING, BY LEVEL B HARASSMENT, BY SPECIES AND STOCK AND
PERCENT OF TAKE BY STOCK AND TAKE AUTHORIZED IN INITIAL 2020 IHA—Continued
2020 Authorized take
Proposed
Level B take
Species
Level B
Northern fur seal (Callorhinus ursinus) California and Eastern North Pacific
Stocks ...........................................................................................................
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 2020 IHA (except
terms related to work already completed
(i.e., pile installation and impact
hammering) have been removed, and
the discussion of the least practicable
adverse impact included in that
document remains accurate. The
following measures are proposed for
this IHA:
• For in-water heavy machinery work
other than pile removal (e.g., standard
barges, etc.), 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)
Level A
5
positioning of the pile on the substrate
via a crane;
• Conduct briefings between
construction supervisors and crews and
the marine mammal monitoring team
prior to the start of all pile removal
activity and when new personnel join
the work, to explain responsibilities,
communication procedures, marine
mammal monitoring protocol, and
operational procedures;
• For those marine mammals for
which Level B harassment take has not
been requested, in-water pile removal
will shut down immediately if such
species are observed within or entering
the Level B harassment zone; and
• If take reaches the authorized limit
for an authorized species, pile removal
will be stopped as these species
approach the Level B harassment zone
to avoid additional take.
The following mitigation measures
would apply to San Francisco’s in-water
construction activities.
• Establishment of Shutdown
Zones—San Francisco will establish
0
Percent of
stock
2
<0.1
shutdown zones for all pile removal
activities. The purpose of a shutdown
zone is generally to define an area
within which shutdown of the activity
would occur upon sighting of a marine
mammal (or in anticipation of an animal
entering the defined area). Shutdown
zones will vary based on the activity
type and marine mammal hearing
group. The largest shutdown zones are
generally for low and high frequency
cetaceans, as shown in Table 6.
• The placement and number of PSOs
during all pile removal activities
(described in detail in the Monitoring
and Reporting section) will ensure that
the entire shutdown zone is visible
during pile removal. Should
environmental conditions deteriorate
such that marine mammals within the
entire shutdown zone would not be
visible (e.g., fog, heavy rain), pile
removal must be delayed until the PSO
is confident marine mammals within
the shutdown zone could be detected.
TABLE 6—SHUTDOWN ZONES DURING PILE REMOVAL (METERS) BY SCENARIO
Pile type
Low-frequency
cetaceans
Mid-frequency
cetaceans
10
20
10
10
14-inch H ..............................................................................
36-inch Steel ........................................................................
• Monitoring for Level A and Level B
Harassment—San Francisco will
monitor the Level A and B harassment
zones. Monitoring zones provide utility
for observing by establishing monitoring
protocols for areas adjacent to the
shutdown zones. Monitoring zones
enable observers to be aware of and
communicate the presence of marine
mammals in the project area outside the
shutdown zone and thus prepare for a
potential halt of activity should the
animal enter the shutdown zone.
Placement of PSOs will allow PSOs to
observe marine mammals within the
Level A and B harassment zones.
However, due to the large Level B
harassment zone for 36-inch piles (Table
3), PSOs will not be able to effectively
observe the entire zone. Therefore, Level
B harassment exposures will be
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recorded and extrapolated, as necessary,
based upon the number of observed
takes and the percentage of the Level B
harassment zone that was not visible.
• Pre-activity Monitoring—Prior to
the start of daily in-water construction
activity, or whenever a break in pile
removal of 30 minutes or longer occurs,
PSOs will observe the shutdown and
monitoring zones for a period of 30
minutes. The shutdown zone will be
considered cleared when a marine
mammal has not been observed within
the zone for that 30-minute period. If a
marine mammal is observed within the
shutdown zone, a re-start cannot
proceed until the animal has left the
zone or has not been observed for 15
minutes. When a marine mammal for
which Level B harassment take is
authorized is present in the Level B
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Sfmt 4703
Highfrequency
cetaceans
Phocid
pinnipeds
10
20
Otariid
pinnipeds
10
10
10
10
harassment zone, activities may begin
and Level B harassment take will be
recorded. If the entire Level B
harassment zone is not visible at the
start of construction, pile removal
activities can begin. If work ceases for
more than 30 minutes, the pre-activity
monitoring of the shutdown zones will
commence.
• Pile removal must occur during
daylight hours.
Visual Monitoring
Marine mammal monitoring must be
conducted in accordance with the
Monitoring section of the application
and section 5 of the IHA. Marine
mammal monitoring during pile
removal must be conducted by NMFSapproved PSOs in a manner consistent
with the following:
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• Independent PSOs (i.e., not
construction personnel) who have no
other assigned tasks during monitoring
periods must be used;
• Other PSOs may substitute
education (degree in biological science
or related field) or training for
experience; and
• San Francisco must submit PSO
Curriculum Vitae for approval by NMFS
prior to the onset of pile driving.
PSOs must have the following
additional qualifications:
• Ability to conduct field
observations and collect data according
to assigned protocols;
• Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
• Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
• Writing skills sufficient to prepare a
report of observations including but not
limited to the number and species of
marine mammals observed; dates and
times when in-water construction
activities were conducted; dates, times,
and reason for implementation of
mitigation (or why mitigation was not
implemented when required); and
marine mammal behavior; and
• Ability to communicate orally, by
radio or in person, with project
personnel to provide real-time
information on marine mammals
observed in the area as necessary.
Two PSOs will be employed. PSO
locations will provide an unobstructed
view of all water within the shutdown
zone(s), and as much of the Level B
harassment zones as possible. PSO
locations are as follows:
(1) At the pile driving site(s) or best
vantage point practicable to monitor the
shutdown zones; and
(2) For the large Level B harassment
zone associated with removal of 36-inch
pipe piles, a second PSO will be placed
near Pier 33 in San Francisco.
Monitoring will be conducted 30
minutes before, during, and 30 minutes
after pile removal activities. In addition,
observers shall record all incidents of
marine mammal occurrence, regardless
of distance from activity, and shall
document any behavioral reactions in
concert with distance from piles being
removed. Pile removal activities include
the time to 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.
Reporting
A draft marine mammal monitoring
report will be submitted to NMFS
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17:28 May 27, 2021
Jkt 253001
within 90 days after the completion of
pile driving and removal activities, or
60 days prior to a requested date of
issuance of any future IHAs for projects
at the same location, whichever comes
first. The report will include an overall
description of work completed, a
narrative regarding marine mammal
sightings, and associated PSO data
sheets. Specifically, the report must
include:
• Dates and times (begin and end) of
all marine mammal monitoring;
• Construction activities occurring
during each daily observation period,
including how many and what type of
piles were removed and by what
method (i.e., vibratory);
• Weather parameters and water
conditions during each monitoring
period (e.g., wind speed, percent cover,
visibility, sea state);
• The number of marine mammals
observed, by species, relative to the pile
location and if pile removal was
occurring at time of sighting;
• Age and sex class, if possible, of all
marine mammals observed;
• PSO locations during marine
mammal monitoring;
• Distances and bearings of each
marine mammal observed to the pile
being removed for each sighting (if pile
removal was occurring at time of
sighting);
• Description of any marine mammal
behavior patterns during observation,
including direction of travel and
estimated time spent within the Level A
and Level B harassment zones while the
source was active;
• Number of individuals of each
species (differentiated by month as
appropriate) detected within the
monitoring zone, and estimates of
number of marine mammals taken, by
species (a correction factor may be
applied to total take numbers, as
appropriate);
• Detailed information about any
implementation of any mitigation
triggered (e.g., shutdowns and delays), a
description of specific actions that
ensued, and resulting behavior of the
animal, if any;
• Description of attempts to
distinguish between the number of
individual animals taken and the
number of incidences of take, such as
ability to track groups or individuals;
and
• An extrapolation of the estimated
takes by Level B harassment based on
the number of observed exposures
within the Level B harassment zone and
the percentage of the Level B
harassment zone that was not visible,
when applicable.
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28757
If no comments are received from
NMFS within 30 days, the draft final
report will constitute the final report. If
comments are received, a final report
addressing NMFS comments must be
submitted within 30 days after receipt of
comments.
Reporting Injured or Dead Marine
Mammals
In the event that personnel involved
in the construction activities discover
an injured or dead marine mammal, San
Francisco shall report the incident to
the Office of Protected Resources (OPR),
NMFS and to the regional stranding
coordinator as soon as feasible. If the
death or injury was clearly caused by
the specified activity, San Francisco
must immediately cease the specified
activities until NMFS is able to review
the circumstances of the incident and
determine what, if any, additional
measures are appropriate to ensure
compliance with the terms of the IHA.
The IHA-holder must not resume their
activities until notified by NMFS. The
report must include the following
information:
• Time, date, and location (latitude/
longitude) of the first discovery (and
updated location information if known
and applicable);
• Species identification (if known) or
description of the animal(s) involved;
• Condition of the animal(s)
(including carcass condition if the
animal is dead);
• Observed behaviors of the
animal(s), if alive;
• If available, photographs or video
footage of the animal(s); and
• General circumstances under which
the animal was discovered.
Preliminary Determinations
As described above, the action in this
IHA is a subset of the original activities
consisting solely of removal of two
types of steel pile with a new
description of the specific scenarios
remaining rather than consideration of
the worst case scenarios possible as was
done in the initial 2020 IHA. We found
that the initial 2020 IHA would have a
negligible impact and that the taking
would be small relative to population
size for all stocks. The only change in
this IHA is the small decrease in the
estimated abundance for the San
Francisco/Russian River stock of harbor
porpoises which has decreased from
9,886 to 7,524 and the consideration of
the specific removal scenarios required
now. Despite this stock size decrease the
proposed take of 46 is still less than 10
percent of the stock and is thus small
relative to the population size. The
other marine mammal information is
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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices
identical to the initial 2020 IHA. The
potential effects, and the mitigation and
monitoring are all less impactful
because of the smaller harassment zones
sizes for the remaining scenarios. The
estimated take is greatly reduced and no
Level A harassment take is proposed
because of the smaller Level A
harassment zone sizes and the lack of
multiple hammer use.
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial 2020 IHA. This includes
consideration of the estimated
abundance of the harbor seal stock
decreasing slightly and the discussion of
the specific scenarios to account for the
remaining work. The new scenarios
have smaller level A and Level B
harassment zones than the worst case
scenarios analyzed in the 2020 IHA
because of the removal of simultaneous
driving, the smaller pile sizes and
durations remaining, and the use of only
a vibratory hammer in this IHA.
Based on the information and analysis
contained here and in the referenced
documents, NMFS has determined the
following: (1) The required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) San Francisco’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, in this
case with the West Coast Region
Protected Resources Division Office,
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed for authorization or
expected to result from this activity.
Therefore, NMFS has determined that
VerDate Sep<11>2014
17:28 May 27, 2021
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formal consultation under section 7 of
the ESA is not required for this action.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to San Francisco for conducting
the Treasure Island Ferry Dock Project
in San Francisco, California from July
15, 2021 through July 14, 2022,
provided the previously described
mitigation, monitoring, and reporting
requirements are incorporated. A draft
of the proposed IHA can be found at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2020 IHA), the proposed authorization,
and any other aspect of this notice of
proposed IHA for the proposed
construction activity at Treasure Isand.
We also request comment on the
potential for renewal of this proposed
IHA as described in the paragraph
below. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may
issue a one-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical
or nearly identical, or nearly identical,
activities as described in the Specified
Activities 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
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Fmt 4703
Sfmt 4703
the exception of reducing the type or
amount of take); and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
and
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: May 24, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–11287 Filed 5–27–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB107]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold meetings of the following: Law
Enforcement Committee (Closed
Session); Snapper Grouper Committee;
Dolphin Wahoo Committee; Mackerel
Cobia Committee; Executive Committee;
and Habitat and Ecosystem-Based
Management Committee. The meeting
week will also include a formal public
comment session and a meeting of the
Full Council (Partially Closed). Due to
public health concerns associated with
COVID–19 and current travel
restrictions the meeting will be held via
webinar.
DATES: The Council meeting will be
held from 10 a.m. on Monday, June 14,
2021 until 12 p.m. on Friday, June 18,
2021.
ADDRESSES: Meeting address: The
meeting will be held via webinar.
Webinar registration is required. Details
are included in SUPPLEMENTARY
INFORMATION.
SUMMARY:
E:\FR\FM\28MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28752-28758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11287]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB115]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Treasure Island Ferry Dock Project,
San Francisco, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an Incidental Harassment
Authorization (IHA); request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the City and County of San
Francisco, CA (San Francisco) for an incidental harassment
authorization (IHA) to take marine mammals incidental to the Treasure
Island Ferry Dock Project in San Francisco, California. These
activities consist of activities that are covered by the current
authorization but will not be completed prior to its expiration. Some
changes have occurred during this year's evaluation of the project.
Pursuant to the Marine Mammal Protection Act, NMFS is requesting
comments on its proposal to issue an IHA to incidentally take marine
mammals during the specified activities. NMFS is also requesting
comments on a possible one-year renewal IHA that could be issued under
certain circumstances and if all requirements are met, as described in
Request for Public Comments at the end of this notice. NMFS will
consider public comments prior to making any final decision on the
issuance of the requested MMPA authorizations and agency responses will
be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than June 28,
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: Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427-8401. Electronic copies of the
original application, Renewal request, and supporting documents
(including NMFS Federal Register notices of the original proposed and
final authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine
[[Page 28753]]
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 proposed 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.
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 NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA request.
History of Request
On July 15, 2020, NMFS issued an IHA to San Francisco to take
marine mammals incidental to the Treasure Island Ferry Dock Project in
San Francisco, California (85 FR 44043, July 21,2020), effective from
July 15, 2020 through July 14, 2021. On March 10, 2021, NMFS received
an application for the Renewal of that initial IHA. As described in the
application for Renewal IHA, the activities for which incidental take
is requested consist of a subset activities that are covered by the
initial authorization but will not be completed prior to its
expiration. However, because the only remaining work is pile removal,
which takes less time per pile, the applicant requested take based on
12 piles maximum removed per day, which was not explicitly discussed as
one of the scenarios in the initial IHA process. The initial IHA
process explicitly analyzed a number of scenarios for each phase of the
work that were clearly described as the worst possible scenarios that
could occur among a possible range of scenarios. The currently
requested work is clearly less impactful than those scenarios and thus
we believe this situation could qualify as a Renewal IHA. However, out
of an abundance of caution, and because there is time for a full 30 day
public comment period, we choose to treat this application as a
standard submission and not a Renewal. San Francisco requested the new
IHA be effective from July 15, 2021 through July 14, 2022.
Description of the Specified Activities and Anticipated Impacts
As described in the 2020 IHA, the project consists of the
construction of a ferry terminal, breakwater, fireboat access pier, and
removal of an old pier on Treasure Island in the middle of San
Francisco Bay. Construction involved driving and/or removal of 36-inch-
diameter steel piles and 14-inch steel H piles, driving of 48-inch-
diameter steel piles and 24-inch octagonal concrete piles, and removal
of 12-inch diameter timber piles that supported the old pier. All pile
installation has been completed as has removal of the old pier. The
only work that remains is removal of 2 36-inch-diameter steel piles and
64 14-inch diameter steel H piles. Table 1 summarizes the original work
authorized in the initial 2020 IHA, work completed to date under the
initial 2020 IHA, work expected to be completed before the initial 2020
IHA expires, and work expected to be completed under this newly
requested IHA. San Francisco's request is for take for the work
expected to be completed before the initial 2020 IHA expires, and work
expected to be completed under this newly requested IHA, just in case
some of that work is not completed as expected. Pile removal is
expected to take no more than 25 days. Pile removal would use vibratory
methods only.
Table 1--Summary of Work Authorized, Completed, and Proposed for Authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
Piles
--------------------------------------------------------------------------------------
Number Number to be
Activity Location Number completed to completed Number to be
authorized in date in before initial completed in Type
initial IHA initial IHA IHA expires proposed IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Install Temporary Steel Template Ferry Pier................... 4 0 0 0 14-inch steel H-
Piles (Vibratory). piles.
Remove Temporary Steel Template Ferry Pier................... 12 8 0 2 14-inch steel H-
Piles (Vibratory). piles.
Install Octagonal Piles for North North Breakwater............. 52 47 0 0 24-inch octagonal
Breakwater (Impact). concrete.
Install Sheetpiles for North North Breakwater............. 120 98 0 0 14-inch concrete
Breakwater (Impact). sheetpiles.
Install Temporary Steel Template North Breakwater............. 105 30 0 0 14-inch steel H-
Piles (Vibratory). piles.
Remove Temporary Steel Template North Breakwater............. 105 32 15 25 14-inch steel H-
Piles (Vibratory). piles.
[[Page 28754]]
Install Temporary Steel Template North Breakwater............. 46 15 0 0 14-inch steel H-
Batter Piles (Vibratory). piles.
Remove Temporary Steel Template North Breakwater............. 46 16 6 10 14-inch steel H-
Batter Piles (Vibratory). piles.
Install Temporary Mooring Piles Mooring...................... 2 0 0 0 36-inch steel pipe.
(Vibratory).
Remove Temporary Mooring Piles Mooring...................... 2 0 2 0 36-inch steel pipe.
(Vibratory).
Install Temporary Mooring Batter Mooring...................... 4 0 0 0 14-inch steel H-
Piles (Vibratory). piles.
Remove Temporary Mooring Batter Mooring...................... 4 0 4 0 14-inch steel H-
Piles (Vibratory). piles.
Install Crew Access Piles Mooring...................... 2 0 0 0 14-inch steel H-
(Vibratory). piles.
Remove Crew Access Piles Mooring...................... 2 0 2 0 14-inch steel H-
(Vibratory). piles.
Remove Existing Pier (vibratory or Pier......................... 198 198 0 0 12-inch timber.
crane cable).
--------------------------------------------------------------------------------------
Total......................... ............................. 704 444 29 37 N/A.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Number authorized in initial IHA was maximum expected so total numbers completed and to be completed do not necessarily total to this number.
A detailed description of the demolition and construction
activities for which take is proposed here may be found in the notices
of the proposed and final IHAs for the initial 2020 authorization. The
location, timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices. The initial 2020 IHA authorized take from pile
driving and removal, by Level A and Level B harassment of harbor seals
(Phoca vitulina), California sea lions (Zalophus californianus) and
harbor porpoises (Phocoena phocoena), and take by Level B harassment
only of gray whales (Eschrichtius robustus), bottlenose dolphins
(Tursiops truncatus), elephant seals (Mirounga angustirostris), and
Northern fur seals (Callorhinus ursinus). Because only pile removal
remains and there will be no simultaneous piling with multiple hammers,
Level A harassment take is not necessary nor proposed to be authorized
for this new IHA.
The proposed IHA would be effective from July 15, 2021 through July
14, 2022. All documents from the initial 2020 IHA can be viewed from
the project web page (https://www.fisheries.noaa.gov/action/incidental-take-authorization-treasure-island-ferry-dock-project-san-francisco-california).
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
notice of the proposed IHA for the initial 2020 authorization. NMFS has
reviewed the monitoring data from the initial 2020 IHA, recent draft
Stock Assessment Reports, information on relevant Unusual Mortality
Events, and other scientific literature, and determined that neither
this nor any other new information affects which species or stocks have
the potential to be affected or the pertinent information in the
Description of the Marine Mammals contained in the supporting documents
for the initial 2020 IHA. The only difference is an updated stock
abundance estimate for the San Francisco/Russian River stock of harbor
porpoises which has decreased from 9,886 to 7,524. We consider this
change in our findings below.
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 and final
IHAs for the initial 2020 authorization. NMFS has reviewed the
monitoring data from the initial 2020 IHA, recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events,
and other scientific literature, and determined that neither this nor
any other new information affects our initial analysis of impacts on
marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notice of the final
IHA for the 2020 authorization. Specifically, the source levels and
marine mammal density/occurrence data applicable to this authorization
remain unchanged from the 2020 IHA. Similarly, the stocks taken and
methods of take remain unchanged from the 2020 IHA. As noted above, the
types of take requested and proposed no longer include Level A
harassment take because only pile removal remains and there will be no
simultaneous piling with multiple hammers. The only change is the
decreased number of days of operation and the necessity of revising the
scenarios used to estimate take. No use of multiple hammers or
simultaneous removal as was considered in the initial 2020 IHA is
planned for this IHA. In addition to not using multiple hammers for
this IHA, because of the limited number and type of piles remaining,
and the work only being pile removal by vibratory hammer with no
installation, the original scenarios used to estimate take and shutdown
zones are no longer relevant. The remaining scenarios for this IHA are:
(1) Two days of work removing the two 36-inch steel piles and (2) 23
days removing up to 12 steel H piles per day. Both of these scenarios
are reductions from the worst case scenarios presented in the initial
proposed IHA. The new scenario 1 above has no simultaneous driving,
uses only a vibratory hammer with no impact hammering, and involves 36-
inch piles rather than the 48-inch piles considered in the worst case
scenarios of the initial proposed IHA. The new Scenario 2 above has no
simultaneous driving, uses only a vibratory hammer with no impact
hammering, and has a maximum of 120 minutes per day of vibratory hammer
use as opposed to the worst case scenarios in the initial proposed IHA
[[Page 28755]]
which considered up to 180 minutes per day of vibratory hammer use.
The inputs to calculate the Level A and Level B harassment
isopleths for the new scenarios are in Table 2. The resulting Level A
and Level B harassment isopleths are in Table 3. These new Level A and
Level B isopleths are smaller than the worst case scenarios considered
in the initial proposed IHA.
Table 2--NMFS Technical Guidance User Spreadsheet Inputs To Calculate
Level A and Level B Isopleths for the Pile Removal Scenarios
------------------------------------------------------------------------
Pile type 14-Inch H 36-Inch steel
------------------------------------------------------------------------
Source Level (RMS SPL).................. 150 170
Number of piles per day................. 12 2
Duration to remove a single pile 10 10
(minutes)..............................
Distance of source level measurement (m) 10 10
------------------------------------------------------------------------
Table 3--Calculated Distances (Meters) to Level A and Level B Harassment Isopleths (m) During Pile Removal for Each Hearing Group and Pile Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
High-
Pile type Low-frequency Mid-frequency frequency Phocid Otariid Level B
cetaceans cetaceans cetaceans pinnipeds pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch H............................................... 2.0 0.2 3.0 1.2 0.1 1,000
36-inch Steel........................................... 13.1 1.2 19.3 7.9 0.6 21,545
--------------------------------------------------------------------------------------------------------------------------------------------------------
As was done in the initial 2020 IHA, we use density data from the
multiple years of the San Francisco-Oakland Bay Bridge (SFOBB) project
to estimate take for harbor seal, California sea lion, and Harbor
porpoise, and for other species we use more qualitative data on
observations from the SFOBB project and observations from year one of
this project along with local information on strandings and other
biology. The density calculations are shown in Table 4. For bottlenose
dolphin, take is still estimated at 0.33 dolphins per day for an
estimated Level B harassment take of 9 dolphins. For the other species
where we used qualitative information to estimate Level B harassment
take in the initial IHA, we propose Level B harassment take at 40
percent of the take from the initial 2020 IHA, that is 4 Level B
harassment takes each for gray whales and northern elephant seals, and
2 takes for northern fur seals. The proposed takes are indicated in
Table 5 along with the authorized take from the initial 2020 IHA.
Table 4--Calculations of Level B Harassment Take From Density Data by Species
----------------------------------------------------------------------------------------------------------------
Harbor California
porpoise sea lion Harbor seal
----------------------------------------------------------------------------------------------------------------
SFOBB density (animals/square km)............................... 0.17 0.16 3.96
----------------------------------------------------------------------------------------------------------------
Piling Scenario
----------------------------------------------------------------------------------------------------------------
Days of Pile Driving:
14-inch steel H-pile........................................ 23 23 23
36-inch steel pipe.......................................... 2 2 2
Area of Isopleth in square kilometers:
14-inch steel H-pile........................................ 1.48 1.48 1.48
36-inch steel pipe.......................................... 117 117 117
Per day take Level B:
14-inch steel H-pile........................................ 0.25 0.24 5.86
36-inch steel pipe.......................................... 19.89 18.72 463.32
-----------------------------------------------
Total Level B Take Calculated........................... 46 43 1,062
----------------------------------------------------------------------------------------------------------------
Table 5--Proposed Authorized Amount of Taking, by Level B Harassment, by Species and Stock and Percent of Take
by Stock and Take Authorized in Initial 2020 IHA
----------------------------------------------------------------------------------------------------------------
2020 Authorized take
Species -------------------------------- Proposed Level Percent of
Level B Level A B take stock
----------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina) California Stock... 12,461 20 1,062 0.4
Harbor porpoise (Phocoena phocoena) San 538 7 46 0.6
Francisco--Russian River Stock.................
California sea lion (Zalophus californianus) 502 10 43 <0.1
U.S. Stock.....................................
Gray whale (Eschrichtius robustus) Eastern North 10 0 4 <0.1
Pacific Stock..................................
Common bottlenose dolphin (Tursiops truncatus) 61 0 9 2
California Coastal Stock.......................
Northern elephant seal (Mirounga angustirostris) 10 0 4 <0.1
California breeding Stock......................
[[Page 28756]]
Northern fur seal (Callorhinus ursinus) 5 0 2 <0.1
California and Eastern North Pacific Stocks....
----------------------------------------------------------------------------------------------------------------
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 2020 IHA (except terms related to work already completed (i.e.,
pile installation and impact hammering) have been removed, and the
discussion of the least practicable adverse impact included in that
document remains accurate. The following measures are proposed for this
IHA:
For in-water heavy machinery work other than pile removal
(e.g., standard barges, etc.), 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;
Conduct briefings between construction supervisors and
crews and the marine mammal monitoring team prior to the start of all
pile removal activity and when new personnel join the work, to explain
responsibilities, communication procedures, marine mammal monitoring
protocol, and operational procedures;
For those marine mammals for which Level B harassment take
has not been requested, in-water pile removal will shut down
immediately if such species are observed within or entering the Level B
harassment zone; and
If take reaches the authorized limit for an authorized
species, pile removal will be stopped as these species approach the
Level B harassment zone to avoid additional take.
The following mitigation measures would apply to San Francisco's
in-water construction activities.
Establishment of Shutdown Zones--San Francisco will
establish shutdown zones for all pile removal activities. The purpose
of a shutdown zone is generally to define an area within which shutdown
of the activity would occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area). Shutdown zones
will vary based on the activity type and marine mammal hearing group.
The largest shutdown zones are generally for low and high frequency
cetaceans, as shown in Table 6.
The placement and number of PSOs during all pile removal
activities (described in detail in the Monitoring and Reporting
section) will ensure that the entire shutdown zone is visible during
pile removal. Should environmental conditions deteriorate such that
marine mammals within the entire shutdown zone would not be visible
(e.g., fog, heavy rain), pile removal must be delayed until the PSO is
confident marine mammals within the shutdown zone could be detected.
Table 6--Shutdown Zones During Pile Removal (Meters) by Scenario
----------------------------------------------------------------------------------------------------------------
High-
Pile type Low-frequency Mid-frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
14-inch H....................... 10 10 10 10 10
36-inch Steel................... 20 10 20 10 10
----------------------------------------------------------------------------------------------------------------
Monitoring for Level A and Level B Harassment--San
Francisco will monitor the Level A and B harassment zones. Monitoring
zones provide utility for observing by establishing monitoring
protocols for areas adjacent to the shutdown zones. Monitoring zones
enable observers to be aware of and communicate the presence of marine
mammals in the project area outside the shutdown zone and thus prepare
for a potential halt of activity should the animal enter the shutdown
zone. Placement of PSOs will allow PSOs to observe marine mammals
within the Level A and B harassment zones. However, due to the large
Level B harassment zone for 36-inch piles (Table 3), PSOs will not be
able to effectively observe the entire zone. Therefore, Level B
harassment exposures will be recorded and extrapolated, as necessary,
based upon the number of observed takes and the percentage of the Level
B harassment zone that was not visible.
Pre-activity Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile removal of 30
minutes or longer occurs, PSOs will observe the shutdown and monitoring
zones for a period of 30 minutes. The shutdown zone will be considered
cleared when a marine mammal has not been observed within the zone for
that 30-minute period. If a marine mammal is observed within the
shutdown zone, a re-start cannot proceed until the animal has left the
zone or has not been observed for 15 minutes. When a marine mammal for
which Level B harassment take is authorized is present in the Level B
harassment zone, activities may begin and Level B harassment take will
be recorded. If the entire Level B harassment zone is not visible at
the start of construction, pile removal activities can begin. If work
ceases for more than 30 minutes, the pre-activity monitoring of the
shutdown zones will commence.
Pile removal must occur during daylight hours.
Visual Monitoring
Marine mammal monitoring must be conducted in accordance with the
Monitoring section of the application and section 5 of the IHA. Marine
mammal monitoring during pile removal must be conducted by NMFS-
approved PSOs in a manner consistent with the following:
[[Page 28757]]
Independent PSOs (i.e., not construction personnel) who
have no other assigned tasks during monitoring periods must be used;
Other PSOs may substitute education (degree in biological
science or related field) or training for experience; and
San Francisco must submit PSO Curriculum Vitae for
approval by NMFS prior to the onset of pile driving.
PSOs must have the following additional qualifications:
Ability to conduct field observations and collect data
according to assigned protocols;
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and
Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
Two PSOs will be employed. PSO locations will provide an
unobstructed view of all water within the shutdown zone(s), and as much
of the Level B harassment zones as possible. PSO locations are as
follows:
(1) At the pile driving site(s) or best vantage point practicable
to monitor the shutdown zones; and
(2) For the large Level B harassment zone associated with removal
of 36-inch pipe piles, a second PSO will be placed near Pier 33 in San
Francisco.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after pile removal activities. In addition, observers shall
record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being removed. Pile removal activities
include the time to 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.
Reporting
A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities, or 60 days prior to a requested date of issuance of any
future IHAs for projects at the same location, whichever comes first.
The report will include an overall description of work completed, a
narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report must include:
Dates and times (begin and end) of all marine mammal
monitoring;
Construction activities occurring during each daily
observation period, including how many and what type of piles were
removed and by what method (i.e., vibratory);
Weather parameters and water conditions during each
monitoring period (e.g., wind speed, percent cover, visibility, sea
state);
The number of marine mammals observed, by species,
relative to the pile location and if pile removal was occurring at time
of sighting;
Age and sex class, if possible, of all marine mammals
observed;
PSO locations during marine mammal monitoring;
Distances and bearings of each marine mammal observed to
the pile being removed for each sighting (if pile removal was occurring
at time of sighting);
Description of any marine mammal behavior patterns during
observation, including direction of travel and estimated time spent
within the Level A and Level B harassment zones while the source was
active;
Number of individuals of each species (differentiated by
month as appropriate) detected within the monitoring zone, and
estimates of number of marine mammals taken, by species (a correction
factor may be applied to total take numbers, as appropriate);
Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting behavior of the animal, if
any;
Description of attempts to distinguish between the number
of individual animals taken and the number of incidences of take, such
as ability to track groups or individuals; and
An extrapolation of the estimated takes by Level B
harassment based on the number of observed exposures within the Level B
harassment zone and the percentage of the Level B harassment zone that
was not visible, when applicable.
If no comments are received from NMFS within 30 days, the draft
final report will constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, San Francisco shall report
the incident to the Office of Protected Resources (OPR), NMFS and to
the regional stranding coordinator as soon as feasible. If the death or
injury was clearly caused by the specified activity, San Francisco must
immediately cease the specified activities until NMFS is able to review
the circumstances of the incident and determine what, if any,
additional measures are appropriate to ensure compliance with the terms
of the IHA. The IHA-holder must not resume their activities until
notified by NMFS. The report must include the following information:
Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
Species identification (if known) or description of the
animal(s) involved;
Condition of the animal(s) (including carcass condition if
the animal is dead);
Observed behaviors of the animal(s), if alive;
If available, photographs or video footage of the
animal(s); and
General circumstances under which the animal was
discovered.
Preliminary Determinations
As described above, the action in this IHA is a subset of the
original activities consisting solely of removal of two types of steel
pile with a new description of the specific scenarios remaining rather
than consideration of the worst case scenarios possible as was done in
the initial 2020 IHA. We found that the initial 2020 IHA would have a
negligible impact and that the taking would be small relative to
population size for all stocks. The only change in this IHA is the
small decrease in the estimated abundance for the San Francisco/Russian
River stock of harbor porpoises which has decreased from 9,886 to 7,524
and the consideration of the specific removal scenarios required now.
Despite this stock size decrease the proposed take of 46 is still less
than 10 percent of the stock and is thus small relative to the
population size. The other marine mammal information is
[[Page 28758]]
identical to the initial 2020 IHA. The potential effects, and the
mitigation and monitoring are all less impactful because of the smaller
harassment zones sizes for the remaining scenarios. The estimated take
is greatly reduced and no Level A harassment take is proposed because
of the smaller Level A harassment zone sizes and the lack of multiple
hammer use.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial 2020 IHA. This includes consideration of the
estimated abundance of the harbor seal stock decreasing slightly and
the discussion of the specific scenarios to account for the remaining
work. The new scenarios have smaller level A and Level B harassment
zones than the worst case scenarios analyzed in the 2020 IHA because of
the removal of simultaneous driving, the smaller pile sizes and
durations remaining, and the use of only a vibratory hammer in this
IHA.
Based on the information and analysis contained here and in the
referenced documents, NMFS has determined the following: (1) The
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) San Francisco'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, in this case with the West Coast Region
Protected Resources Division Office, whenever we propose to authorize
take for endangered or threatened species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to San Francisco for conducting the Treasure Island Ferry
Dock Project in San Francisco, California from July 15, 2021 through
July 14, 2022, provided the previously described mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2020 IHA), the proposed
authorization, and any other aspect of this notice of proposed IHA for
the proposed construction activity at Treasure Isand. We also request
comment on the potential for renewal of this proposed IHA as described
in the paragraph below. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
On a case-by-case basis, NMFS may issue a one-year renewal IHA
following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical or nearly
identical, or nearly identical, activities as described in the
Specified Activities 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);
and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized; and
Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: May 24, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-11287 Filed 5-27-21; 8:45 am]
BILLING CODE 3510-22-P
