Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Service Pier Extension Project at Naval Base Kitsap Bangor, Washington, 45963-45969 [2021-17525]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45963-45969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17525]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB283]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Service Pier Extension Project 
at Naval Base Kitsap Bangor, Washington

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

ACTION: Notice; issuance of renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued a renewal incidental harassment authorization 
(IHA) to the United States Navy (Navy) to incidentally harass marine 
mammals incidental to construction activities for the Service Pier 
Extension Project at Naval Base Kitsap Bangor in Silverdale, 
Washington.

DATES: This renewal IHA is valid from August 11, 2021 through July 15, 
2022.

[[Page 45964]]


FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, 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/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor. In case of problems 
accessing these documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) 
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 
(as delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are 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.
    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, or nearly identical, activities as 
described in the Detailed Description of Specified Activities section 
of the initial IHA issuance notice is planned or (2) the activities as 
described in the Detailed Description of Specified Activities section 
of the initial IHA issuance notice would not be completed by the time 
the initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the Dates section of the initial 
IHA notice of issuance, provided all of the following conditions are 
met:
    (1) 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).
    (2) The request for renewal must include the following:
     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);
     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
    (3) Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On June 28, 2018, NMFS published a notice of issuance of an IHA to 
the United States Navy (Navy) authorizing take of five species of 
marine mammals by Level A and Level B harassment incidental to the pile 
installation and removal activities (by impact pile driving and 
vibratory pile driving) for the Service Pier Extension (SPE) Project at 
Naval Base Kitsap Bangor in Silverdale, Washington (83 FR 30406). 
Species authorized for take included killer whales (Orcinus orca; 
transient stock only), harbor porpoise (Phocoena phocoena vomerina), 
California sea lions (Zalophus californianus), Steller sea lions 
(Eumetopias jubatus monteriensis), and harbor seals (Phoca vitulina 
richardii). The effective dates of that IHA were July 16, 2019 through 
July 15, 2020.
    On February 4, 2019, the Navy informed NMFS that the project was 
being delayed by one full year. None of the work identified in the 
initial IHA (83 FR 30406; June 28, 2018) had occurred and no marine 
mammals had been taken during the effective dates of the original IHA, 
and the Navy submitted a formal request for reissuance of the initial 
IHA with new effective dates of July 16, 2020 through July 15, 2021 and 
no other changes. NMFS re-issued this IHA on July 3, 2019 (84 FR 
31844).
    On October 14, 2020, NMFS received a request from the Navy for a 
modification to the re-issued IHA due to an elevated harbor seal take 
rate. The Navy felt that without an increase in authorized take of 
harbor seals, they would be forced to repeatedly shutdown whenever 
animals entered into the specified Level A harassment zones. This would 
likely prolong the duration of in-water construction activities and add 
increased costs to the project. Following a 30-day public comment 
period, NMFS issued a modified IHA, including revisions to mitigation 
and increased authorized takes by Level A harassment for harbor seals 
(85 FR 86538; December 30, 2020), and kept the same July 15, 2021 
expiration date that was initially published in the reissuance (84 FR 
31844; July 3, 2019).
    On April 26, 2021, NMFS received an application for the renewal of 
that initial IHA. As described in the application for renewal, the 
activities for which incidental take is requested consist of a subset 
of activities that are covered by the initial authorization but will 
not be completed prior to its

[[Page 45965]]

expiration. As required, the applicant also provided a preliminary 
monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor) 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. The notice of the 
proposed renewal IHA was published on July 19, 2021 (86 FR 38025) for a 
15-day public comment period in the Federal Register.

Description of the Specified Activities and Anticipated Impacts

    The Navy plans to continue its construction activities at Naval 
Base Kitsap Bangor. The remaining construction activities involve the 
installation of 103 18-inch square concrete fender piles by impact pile 
driving over a 35-day period during a specified in-water work window 
(July 16 through January 15) due to the presence of Endangered Species 
Act (ESA)-listed juvenile salmonids are likely to be present in the 
area (February--July; USACE, 2015). The activities left for the Service 
Pier Extension Project are shown in Table 1. Please see the notice of 
proposed renewal IHA (86 FR 38025; July 19, 2021) for additional 
details.

                           Table 1--Construction Activities Completed by the Expiration of the 2020 Modified IHA and Remaining
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                                                                                         2018 and 2020 IHAs                         Renewal IHA
                                                                          ------------------------------------------------------------------------------
                                                                                                                                          Number of pile
                                                        Pile installation   Total numbers                                                  driving days
       SPE project feature             Pile type        and/or extraction     of piles         Total number of piles         Subset of     for the 2021-
                                                             method           initially            completed \2\               piles           2022
                                                                              analyzed                                       remaining     construction
                                                                                                                                              period
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Pile removal from existing wave   15-inch (38 cm) to   Vibratory.........              36  22 (18-inch only)............               0               0
 screen and pier.                  18-inch (45 cm)
                                   creosote-treated
                                   timber.
Temporary Falsework.............  36-inch steel (30    Vibratory                       27  0............................               0               0
                                   cm).                 installation and
                                                        removal with
                                                        potential
                                                        ``proofing''.
Small craft mooring and dolphins  24-inch steel (60    Vibratory with                  50  11...........................               0               0
                                   cm).                 ``proofing''.
Pier and wave screen attachment.  36-inch steel (90    Vibratory with                 203  176..........................               0               0
                                   cm).                 ``proofing''.
Fender piles....................  18-in concrete (45   Impact............             103  0............................             103              35
                                   cm).
                                                                          ------------------------------------------------------------------------------
    Total.......................  ...................  ..................             419  209 \1\......................             103              35
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\1\ Some of these piles were installed and some were removed per the specific project activity. Some of the total piles were temporarily installed and
  subsequently removed after installation. A total of 209 piles were utilized in construction activities during 2020-2021, in which 187 piles were
  installed, 22 piles were removed, and 0 piles were installed temporarily and then subsequently removed.
\2\ Per the Navy's submitted Monitoring Report, not all piles for which take was originally authorized were installed or removed per the recommendations
  by the Navy's project engineers.

    The following documents are referenced in this notice and include 
important supporting information:
     Initial proposed 2018 IHA (83 FR 10689; March 12, 2018);
     Initial final 2018 IHA (83 FR 30406; June 28, 2018);
     Modified proposed 2020 IHA (85 FR 74989; November 24, 
2020);
     Modified final 2020 IHA (85 FR 86538; December 30, 202);
     Renewal proposed IHA (86 FR 38025; July 19, 2021);
     Appendix A and D of the original and renewal IHA 
applications (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor);
     The preliminary monitoring report included with the 
renewal IHA application (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor);
     References cited (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor); and
     Previous public comments received (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-service-pier-extension-project-naval-base-kitsap-bangor).
    The anticipated impacts, which include both Level A and Level B 
harassment of marine mammals by impact pile driving, are identical to 
those analyzed and authorized in the initial 2018 IHA (83 FR 30406; 
June 28, 2018) and modified 2020 IHA (85 FR 86538; December 30, 2020). 
Similar to the last projects at Naval Base Kitsap Bangor, the species 
with the expected potential to be present during all or a portion of 
the in-water work window include the killer whale, the harbor porpoise, 
the California sea lion, the Steller sea lion, and the harbor seal. 
However, as the work for which take would be authorized under this 
renewal IHA represents a subset of the overall activities originally 
planned and discussed in the initial 2018 IHA (83 FR 30406; June 28, 
2018) and modified 2020 IHA (85 FR 86538; December 30, 2020), NMFS 
plans to authorize only a subset of Level A and Level B harassment 
takes compared to those takes previously authorized under the modified 
2020 IHA (85 FR 86538; December 30, 2020).
    The anticipated impacts are identical to those described in the 
2018 IHA (83 FR 30406; June 28, 2018) and modified 2020 IHA (85 FR 
86538; December 30, 2020). However, NMFS anticipates that only pinniped 
species (harbor seals, California sea lions, Steller sea lions) are 
likely to be taken incidental to the

[[Page 45966]]

concrete impact pile driving, a result from the analysis discussed in 
greater detail in the 2018 IHA (83 FR 30406; June 28, 2018). Because of 
this, no take will be authorized for killer whales or harbor porpoises 
during the concrete impact piling activities discussed in the Navy's 
2021-2022 IHA application.
    A detailed description of the construction activities for which 
authorization of take was requested may be found in the Federal 
Register notice of the proposed 2018 IHA (83 FR 10689; March 12, 2018) 
and the modified proposed 2020 IHA (85 FR 74989; November 24, 2020). 
The location, timing (e.g., seasonality), and nature of the subset of 
construction activities planned under the renewal IHA are identical to 
those analyzed for concrete impact piling in the 2018 Notice (83 FR 
30406; June 28, 2018) and subsequent 2020 modification Notice (85 FR 
86538; December 30, 2020).
    This renewal IHA is effective from August 11, 2021 until July 15, 
2022.

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 and final notices for the 2018 (83 FR 10689; 
March 12, 2018 and 83 FR 30406; June 28, 2018) and the 2020 modified 
(85 FR 74989; November 24, 2020 and 85 FR 86538; December 30, 2020) 
IHAs. NMFS has reviewed the monitoring data from the 2020 modified IHA, 
recent Stock Assessment Reports (SARs), information on relevant Unusual 
Mortality Events (UMEs), and other scientific literature, and 
determined that neither this nor any 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 2018 
IHA.
    The only changes from the 2018 IHA (83 FR 30406; June 28, 2018) and 
modified 2020 IHA (85 FR 86538; December 30, 2020) are a decrease in 
the abundance of United States stock California sea lions (from 296,750 
in 2011 to 257,606 in 2014) and an increase in the stock abundance of 
Steller sea lions of the eastern United States stock (from 41,638 in 
2015 to 43,201 in 2017) (Carretta et al., 2018, Muto et al., 2019, Muto 
et al., 2020). This updated information does not change the findings or 
conclusions from the 2018 IHA (83 FR 30406; June 28, 2018) and modified 
2020 IHA (85 FR 86538; December 30, 2020).

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
authorized here may be found in the notices of the proposed and final 
notices for the 2018 (83 FR 10689; March 12, 2018 and 83 FR 30406; June 
28, 2018) and the 2020 modified (85 FR 74989; November 24, 2020 and 85 
FR 86538; December 30, 2020) IHAs. NMFS has reviewed the monitoring 
data from the 2020 modified IHA, recent Stock Assessment Reports, 
information on relevant UMEs, 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 can be found in the proposed and final 
Federal Register notices for the 2018 (83 FR 10689; March 12, 2018 and 
83 FR 30406; June 28, 2018) and the 2020 modified (85 FR 74989; 
November 24, 2020 and 85 FR 86538; December 30, 2020) IHAs. The 
information informing the take estimates remains applicable to this 
authorization, and is unchanged from the previously issued IHAs. As 
before, no serious injury or mortality is anticipated to result from 
the Navy's construction activities.
    We assume, for purposes of analysis, that no take will occur for 
either cetacean species (i.e., killer whales and harbor porpoises) 
during the specified impact pile driving activities for the 103 
concrete piles. This is because the isopleths for impact pile driving 
of concrete piles were described as fully monitorable (with maximum 
distances to behavioral thresholds of 46 m and 541 m, respectively, and 
maximum distance to injury thresholds being 14 m); therefore, no killer 
whale behavioral or injury takes were expected to occur. Harbor 
porpoise are able to be visually detected to a distance of about 200 m 
by experienced observers in conditions up to Beaufort 2 (Department of 
the Navy, 2017). Therefore, the concrete isopleths are able to be fully 
monitored (with maximum distance of 46 m), so no takes were calculated 
for the estimated 35 days of concrete fender pile installation. More 
information can be found under Take Calculation and Estimation in the 
2018 proposed (83 FR 10689; March 12, 2018) and 2018 final (83 FR 
30406; June 28, 2018) notices. Thus, only take is expected for pinniped 
species, which is shown below in Table 2.

      Table 2-- Proposed Take of Marine Mammal Stocks and Percentage of Stock or Population for the Renewal IHA During the 2021-2022 Project Period
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                                                                                                      Authorized Level A          Authorized Level B
              Species                  Scientific name             Stock               Stock        harassment (percent of      harassment (percent of
                                                                                     abundance              stock)                      stock)
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California sea lion...............  Zalophus               United States........         257,606  0 (0).....................  1,710 (0.7).
                                     californianus.
Steller sea lion..................  Eumetopias jubatus     Eastern United States          43,201  0 (0).....................  110 (0.3).
                                     monteriensis.
Harbor seal.......................  Phoca vitulina         Hood Canal...........           1,088  280 (unknown).\1\           1,225 (unknown).\1\
                                     richardii.
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\1\ Because the stock information is not considered current, there are no minimum abundance estimates to use for calculation. The abundance estimate for
  this stock is greater than eight years old (1999) and is therefore not considered current. PBR is considered undetermined for this stock, as there is
  no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates, as these represent the best
  available information for use in this document.

    The stocks taken (including the lack of take for the cetacean 
stocks during concrete impact pile driving), methods of take, and types 
of take remain unchanged from what was described in the previously 
issued 2020 modified

[[Page 45967]]

IHA. The take authorized for this action consists of a subset of the 
overall take previously authorized and discussed in greater detail in 
the final 2018 IHA (83 FR 30406; June 28, 2018) and final modified 2020 
IHA (85 FR 86538; December 30, 2020).

Description of Mitigation, Monitoring and Reporting Measures

Mitigation Requirements
    The required 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 
modified 2020 IHA (85 FR 86538; December 30, 2020), and the discussion 
of the least practicable adverse impacts included in that document 
remains accurate. All mitigation, monitoring, and reporting measures in 
the modified 2020 IHA (85 FR 86538; December 30, 2020) are carried over 
in this renewal IHA and summarized here:
    Timing Restrictions--To minimize the number of fish exposed to 
underwater noise and other construction disturbance, in-water work will 
occur during the in-water work window previously described in the 
proposed renewal (86 FR 38025; July 18, 2021) when ESA-listed salmonids 
are least likely to be present (July 16 to January 15; USACE, 2015).
    All in-water construction activities will occur during daylight 
hours (sunrise to sunset) except from July 16 to September 15, when 
impact pile driving will only occur starting two hours after sunrise 
and ending two hours after sunset, to protected foraging marbled 
murrelets during the nesting season (April 15-September 23). Sunrise 
and sunset are to be determined based on National Oceanic and 
Atmospheric Administration data, which can be found at https://www.srrb.noaa.gov/highlights/sunrise/sunrise.html.
    Soft-Start--The use of a soft-start procedure is believed to 
provide additional protection to marine mammals by warning or providing 
a chance to leave the area prior to the hammer operating at full 
capacity, and typically involves a requirement to initiate sound from 
the hammer at reduced energy followed by a 30-second waiting period, 
then two subsequent reduced energy strike sets. (The reduced energy of 
an individual hammer cannot be quantified because it varies by 
individual drivers. Also, the number of strikes will vary at reduced 
energy because raising the hammer at less than full power and then 
releasing it results in the hammer ``bouncing'' as it strikes the pile, 
resulting in multiple ``strikes.'')
    A soft-start procedure will be used for impact pile driving at the 
beginning of each day's in-water pile driving or any time impact pile 
driving has ceased for more than 30 minutes.
    Establishment of Shutdown Zones and Disturbance Zones--To the 
extent possible, the Navy will record and report on any marine mammal 
occurrences, including behavioral disturbances, beyond 100 meters (m; 
328 feet (ft)) for concrete pile installation. The Navy will monitor 
and record marine mammal observations within zones and extrapolate 
these values across the entirety of the Level B harassment zone as part 
of the final monitoring report.
    The shutdown zones are based on the distances from the source 
predicted for each threshold level. Different functional hearing groups 
for pinnipeds were evaluated. The shutdown zones for phocids were based 
on the maximum calculated Level A harassment radius for pinnipeds 
during installation of concrete piles with impact techniques. These 
actions serve to protect marine mammals, allow for practical 
implementation of the Navy's marine mammal monitoring plan and reduce 
the risk of a take. The shutdown zone during any non-pile driving 
activity will always be a minimum of 10 m (33 ft) to prevent injury 
from physical interaction of marine mammals with construction 
equipment.
    During all pile driving, the shutdown, Level A harassment, and 
Level B harassment zones as shown in Table 3 will be monitored out to 
the greatest extent possible with a focus on monitoring within 100 m 
for concrete pile installation.

 Table 3--Shutdown, Level A Harassment, and Level B Harassment Isopleths During Impact Driving of Concrete Piles
                                                  for Pinnipeds
----------------------------------------------------------------------------------------------------------------
                                         Level B         Level A
                                       harassment      harassment     Shutdown zone    Minimum  monitoring zone
        Marine mammal group             isopleth        isopleth        (meters)          for concrete piles
                                        (meters)        (meters)
----------------------------------------------------------------------------------------------------------------
Harbor seal........................              46              19              35  100 meters.\1\
Sea Lions..........................              46               1              15
----------------------------------------------------------------------------------------------------------------
\1\ The Navy has noted in their renewal application that they will be monitoring a 100 meter radius from the
  project site, as practicable, in addition to the specified Level A and B harassment isopleths and the Shutdown
  Zone for each marine mammal group.

    The isopleths delineating shutdown, Level A harassment, and Level B 
harassment zones during impact driving of all concrete piles are shown 
in Table 3. The shutdown, Level A harassment, and Level B harassment 
isopleths for concrete impact driving remain unchanged from the notice 
of the issuance of the initial 2018 IHA (83 FR 30406; June 28, 2018) 
and modified 2020 IHA (85 FR 86538; December 30, 2020). Note that the 
Shutdown Zone is larger than the Level A harassment isopleth for harbor 
seals and sea lions.
    The Navy may perform hydroacoustic monitoring during activities 
discussed in this action. If hydroacoustic monitoring is performed, the 
radii of the disturbance zones may be adjusted if in-situ acoustic 
monitoring is conducted by the Navy to establish actual distances to 
the thresholds for a specific pile type and installation method. 
However, any proposed acoustical monitoring plan must be pre-approved 
by NMFS. The results of any acoustic monitoring plan must be reviewed 
and approved by NMFS before the radii of any disturbance zones may be 
revised.
    Harbor seal-specific mitigation--As described in the proposed 
renewal (86 FR 38025; July 18, 2021), PSOs had reported up to eight 
individually identifiable harbor seals that were frequenting the 
project site and believed to be habituated by varying degrees to in-
water construction activities. Based on the monitoring report provided 
by the Navy with their renewal application, a ninth seal has been noted 
in the area; however this seal has not been noted as an individual seen 
``daily'' and therefore does not necessitate any changes to the harbor 
seal-specific mitigation measures discussed below.
    Even with a 35 m shutdown zone during impact driving, the Navy is 
still concerned that they would experience

[[Page 45968]]

frequent work stoppages due to frequent visits by identifiable harbor 
seals. This could result in continued schedule delays and cost overruns 
and could potentially require an extra year of in-water construction 
activities. Given this information, the Navy has indicated that it is 
not practicable for them to shut down or delay pile driving activities 
every time a harbor seal is observed in a shutdown zone. Therefore, the 
Navy has proposed to apply identical measures to those in the modified 
IHA (85 FR 86538; December 30, 2020), in which shutdowns will be 
initiated for harbor seals when observed approaching or entering the 
Level A harassment zones as described above, except when one or more of 
the three identifiable harbor seals identified as daily visitors 
approaches or enters an established shutdown zone. In such cases, a 
single take by Level A harassment shall be recorded for each individual 
seal for the entire day and operations will be allowed to continue 
without interruption; although the Navy must still shut down for these 
harbor seals if they occur within 10 m of the pile driving site. The 
behavior of these three daily visitors will be monitored and recorded 
as well as the duration of time spent within the harassment zones. This 
information will be recorded individually for each of the three seals. 
If any other seals, including any of the other five seals identified as 
frequent visitors, approaches or enters into a Level A harassment zone, 
shutdown must occur.
Monitoring Requirements
    Visual monitoring--PSOs will be positioned at the best practicable 
vantage points, taking into consideration security, safety, and space 
limitations. Each PSO location will have a minimum of one dedicated PSO 
(not including boat operators). There will be 3-5 PSOs working 
depending on the location, site accessibility and line of sight for 
adequate coverage. Additional standards required for visual monitoring 
include:
    (a) Independent observers (i.e., not construction personal) are 
required;
    (b) At least one observer must have prior experience working as an 
observer;
    (c) Other observers may substitute education (degree in biological 
science or related field) or training for experience; and,
    (d) Where a team of three or more observers are required, one 
observer should be designated as lead observer or monitoring 
coordinator. The lead observer must have prior experience working as an 
observer.
    Monitoring will be conducted by qualified observers, who will 
monitor for marine mammals and implement shutdown/delay procedures when 
applicable by calling for the shutdown to the hammer operator. 
Qualified observers are trained biologists, with the following minimum 
qualifications:
    (a) 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;
    (b) Advanced education in biological science or related field 
(undergraduate degree or higher required);
    (c) Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience);
    (d) Experience or training in the field identification of marine 
mammals, including the identification of behaviors;
    (e) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (f) 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
    (g) 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.
    PSOs will survey the disturbance zone 15 minutes prior to 
initiation of pile driving through 30 minutes after completion of pile 
driving to ensure there are no marine mammals present. In case of 
reduced visibility due to weather or sea state, the PSOs must be able 
to see the shutdown zones or pile driving will not be initiated until 
visibility in these zones improves to acceptable levels. MMO Record 
forms (Appendix A of the original 2018 application; see NMFS's website) 
will be used to document observations. Survey boats engaged in marine 
mammal monitoring will maintain speeds equal to or less than 10 knots.
    PSOs will use binoculars and the naked eye to search continuously 
for marine mammals and will have a means to communicate with each other 
to discuss relevant marine mammal information (e.g., animal sighted but 
submerged with direction of last sighting). PSOs will have the ability 
to correctly measure or estimate the animals distance to the pile 
driving equipment such that records of any takes are accurate relevant 
to the pile size and type.
    Shutdown shall occur if a species for which authorization has not 
been granted or for which the authorized numbers of takes have been 
met. The Navy shall then contact NMFS within 24 hours.
    If marine mammal(s) are present within or approaching a shutdown 
zone prior to pile driving, the start of these activities will be 
delayed until the animal(s) have left the zone voluntarily and have 
been visually confirmed beyond the shutdown zone, or 15 minutes has 
elapsed without re-detection of the animal.
    If animal is observed within or entering the Level B harassment 
zone during pile driving, a take would be recorded and behaviors 
documented. However, that pile segment would be completed without 
cessation, unless the animal approaches or enters the Shutdown Zone, at 
which point all pile driving activities will be halted. The PSOs shall 
immediately radio to alert the monitoring coordinator/construction 
contractor. This action will require an immediate ``all-stop'' on pile 
operations. Once a shutdown has been initiated, pile driving will be 
delayed until the animal has voluntarily left the Shutdown Zone and has 
been visually confirmed beyond the Shutdown Zone, or 15 minutes have 
passed without re-detection of the animal (i.e., the zone is deemed 
clear of marine mammals).
    All marine mammals observed within the disturbance zones during 
pile driving activities will be recorded by PSOs. Additionally, all 
shutdowns shall be recorded.
    In the unanticipated event that: (1) The specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury, serious injury or mortality; (2) an 
injured or dead animal is discovered and cause of death is known; or 
(3) an injured or dead animal is discovered and cause of death is not 
related to the project activities, the Navy will follow the protocols 
described in the Section 3 of Marine Mammal Monitoring Report (Appendix 
D of the original 2018 application).
Reporting Requirements
    PSOs must record specific information as described in the Federal 
Register notice of the issuance of the

[[Page 45969]]

initial IHA (83 FR 30406; June 28, 2018) and the modified IHA (85 FR 
86538; December 30, 2020). Within 90 days after completion of pile 
driving activities, the Navy must provide NMFS with a monitoring report 
which includes summaries of recorded takes and estimates of the number 
of marine mammals that may have been harassed. 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.
    In the unanticipated event that: (1) The specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA, 
such as an injury, serious injury or mortality; (2) an injured or dead 
animal is discovered and cause of death is known; or (3) an injured or 
dead animal is discovered and cause of death is not related to the 
project activities, the Navy will follow the protocols described in the 
Section 3 of Marine Mammal Monitoring Report (Appendix D of the IHA 
application).

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to the Navy was 
published in the Federal Register on July 19, 2021 (86 FR 38025). That 
notice described and referenced descriptions of the Navy's activities, 
the marine mammal species that may be affected by the activities, the 
anticipated effects on marine mammals and their habitat, estimated 
amount and manner of take, and proposed mitigation, monitoring and 
reporting measures. NMFS received no public comments.

Determinations

    The activities planned by the Navy are identical to a subset of 
those analyzed in the 2018 IHA (83 FR 30406; June 28, 2018) and 
discussed in the modified 2020 IHA (85 FR 86538; December 30, 2020), as 
are the method of taking and the effects of the action. The potential 
effects of the Navy's activities are limited to Level A harassment of 
one species (harbor seals) and Level B harassment in the form of 
behavioral disturbance for three species (California sea lions, Steller 
sea lions, and harbor seals). As the activities described herein 
represent a subset, the take that was analyzed and described in the 
proposed renewal (86 FR 38025; July 18, 2021) is relatively smaller 
than authorized previously in the overall projects described in the 
modified 2020 IHA (85 FR 86538; December 30, 2020). In analyzing the 
effects of the activities in the 2018 IHA (83 FR 30406; June 28, 2018) 
and the modified 2020 IHA (85 FR 86538; December 30, 2020), NMFS 
determined that the Navy's activities would have a negligible impact on 
the affected species or stocks and the takes would be of small numbers. 
The mitigation measures and monitoring and reporting requirements as 
described above are identical to the 2018 IHA (83 FR 30406; June 28, 
2018) and modified 2020 IHA (85 FR 86538; December 30, 2020).
    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 2020 
modified IHA. This includes consideration of the estimated abundance of 
the stocks for Steller sea lions (eastern United States stock) 
increasing slightly and the estimated abundance for the stock of 
California sea lions (United States stock) decreasing slightly. Based 
on the information and analysis contained here and in the referenced 
documents, NMFS has determined the following: (1) The required 
mitigation measures will 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) the Navy'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 (ESA)

    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. No incidental take of ESA-listed marine mammal 
species is expected to result from these activities, and none would be 
authorized. Therefore, NMFS has determined that consultation under 
section 7 of the ESA is not required for this action.

National Environmental Policy Act (NEPA)

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

Renewal

    NMFS has issued a renewal IHA to the Navy for the take of marine 
mammals incidental to conduct the Service Pier Extension Project at 
Naval Base Kitsap Bangor in Silverdale, Washington from August 11, 2021 
through July 15, 2022.

    Dated: August 11, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-17525 Filed 8-16-21; 8:45 am]
BILLING CODE 3510-22-P