Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Whittier Head of the Bay Cruise Ship Dock Project in Whittier, Alaska, 19927-19940 [2023-06895]
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Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Notices
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Rey Israel Marquez,
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Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–06975 Filed 4–3–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
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[RTID 0648–XC802]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Whittier
Head of the Bay Cruise Ship Dock
Project in Whittier, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to
Turnagain Marine Construction (TMC)
to incidentally harass marine mammals
during construction associated with the
Whittier Head of the Bay cruise ship
dock project in Whittier, Alaska.
DATES: This authorization is effective
from April 1, 2023, through March 31,
2024.
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-turnagainmarine-constructions-cruise-dockconstruction. In case of problems
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SUMMARY:
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accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
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 the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On September 16, 2022, NMFS
received a request from TMC for an IHA
to take marine mammals incidental to
the construction of the cruise ship dock
in Whittier, Alaska. Following NMFS’
review of the application, TMC
provided further information on October
26, 2022, a revised application on
January 9, 2023, and the application was
deemed adequate and complete on
January 10, 2023. Subsequently, TMC
submitted an additional update to its
application on February 3, 2023. The
proposed IHA published for public
comment on February 13, 2023 (88 FR
9227). TMC’s request is for take of five
species of marine mammals by Level B
harassment and, for a subset of two
species, Level A harassment. Neither
TMC, nor NMFS expect serious injury
or mortality to result from this activity
and, therefore, an IHA is appropriate.
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19927
Description of Activity
TMC plans to construct the Whittier
Head of the Bay cruise ship dock project
in the Passage Canal in Whittier, Alaska.
The planned project will cover a 12month window during which
approximately 129 days of pileinstallation and -removal activity will
occur. This project involves installation
and removal of seventy-two 36-inch (in)
(0.91-meter (m)) temporary steel pile
guides and installation of thirty-six 36in (0.91-m), sixteen 42-in (1.1-m), and
twenty 48-in (1.2-m) permanent steel
piles. Three different installation
methods will be used including
vibratory installation of piles into dense
material, impact pile driving to drive
piling to tip elevation, and the Downthe-Hole (DTH) hammer to drill pile
into the bedrock. TMC will deploy a
bubble curtain to the 60-foot (ft) (18.3m) isobath. This will be used during all
activities that fall below the 60-ft (18.3m) isobath. Sounds resulting from pile
installation, removal, and drilling may
result in the incidental take of marine
mammals by Level A and Level B
harassment in the form of auditory
injury or behavioral harassment.
A further detailed description of the
planned construction project is
provided in the Federal Register notice
for the proposed IHA (88 FR 9777,
February 13, 2023). Since that time, no
changes have been made to the planned
activities. Therefore, a detailed
description is not provided here. Please
refer to that Federal Register notice for
the description of the specified activity.
Mitigation, monitoring, and reporting
measures are described in detail later in
this document (please see Mitigation
and Monitoring and Reporting).
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to TMC was published in the
Federal Register on February 13, 2023
(88 FR 9777). That notice described, in
detail, TMC’s activity, the marine
mammal species that may be affected by
the activity, and the anticipated effects
on marine mammals. During the 30-day
public comment period, no public
comments were received.
Changes From the Proposed IHA to
Final IHA
Changes were made between
publication of the notice of proposed
IHA and this notice of final IHA.
Changes have been made to correct
typographical errors to Tables 4, 5, and
8 in the proposed Federal Register
notice; however, the proposed IHA at
the time of publishing was correct.
Additionally, text regarding a 35-m
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(114.83-ft) minimum shutdown zone
was removed and replaced with the
applicant’s specified minimum
shutdown zones that reflects the zones
included in Table 8. Lastly, reasoning
for the killer whale take calculation and
shutdown zones for impact pile driving
was included to correctly reflect what
was included in the proposed notice.
Description of Marine Mammals in the
Area of Specified Activities
Sections 3 and 4 of the application
summarize available information
regarding status and trends, distribution
and habitat preferences, and behavior
and life history of the potentially
affected species. NMFS fully considered
all of this information, and we refer the
reader to these descriptions,
incorporated here by reference, instead
of reprinting the information.
Additional information regarding
population trends and threats may be
found in NMFS’ Stock Assessment
Reports (SARs; www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessments)
and more general information about
these species (e.g., physical and
behavioral descriptions) may be found
on NMFS’ website (https://
www.fisheries.noaa.gov/find-species).
Table 1 lists all species or stocks for
which take is expected and authorized
for this activity, and summarizes
information related to the population or
stock, including regulatory status under
the MMPA and Endangered Species Act
(ESA) and potential biological removal
(PBR), where known. PBR is defined by
the MMPA as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (as
described in NMFS’ SARs). While no
serious injury or mortality is anticipated
or authorized here, PBR and annual
serious injury and mortality from
anthropogenic sources are included here
as gross indicators of the status of the
species or stocks and other threats.
Marine mammal abundance estimates
presented in this document represent
the total number of individuals that
make up a given stock or the total
number estimated within a particular
study or survey area. NMFS’ stock
abundance estimates for most species
represent the total estimate of
individuals within the geographic area,
if known, that comprises that stock. For
some species, this geographic area may
extend beyond U.S. waters. All stocks
managed under the MMPA in this
region are assessed in NMFS’ U.S. 2021
SARs (e.g., Muto et al., 2021) and the
draft 2022 SARs (e.g., Young et al.,
2022). All values presented in Table 1
are the most recent available at the time
of publication and are available online
at: www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments).
TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES
Common name
Scientific name
ESA/
MMPA
status;
strategic
(Y/N) 1
Stock
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
PBR
Annual
M/SI 3
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae
(rorquals):
Humpback whale .......................
Megaptera novaeanglinae
...................................................
Central North Pacific Stock ......
Western North Pacific
California/Oregon/Washington ..
-,D,Y
E,D,Y
T,D,Y
10,103 (0.3, 7,890, 2006)
1,107 (0.3, 865, 2006) ....
4,973 (0.05, 4,776, 2018)
83
3
28.7
26
2.8
48.3
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae:
Killer whale ................................
Family Phocoenidae (porpoises):
Dall’s porpoise 4 .........................
Orca orcinus .............................
Phocoenoides dalli ....................
Alaska Resident ........................
Gulf of Alaska/Aleutian Islands/
Bering Sea Transient.
AT1 Transient ...........................
-,-,N
-,-,N
1,920 (N/A, 1,920, 2019)
587 (N/A, 587, 2012) ......
19
5.9
1.3
0.8
-,D,Y
7 (N/A, 7, 2019) ..............
0.01
1
Alaska Stock .............................
-,-,N
15,432 (0.097, 13, 110,
2021).
131
37
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Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals
and sea lions):
Steller sea lion ...........................
Eumetopias jubatus ..................
Western Stock ..........................
E,D,Y
52,932 (N/A, 52,932,
2019).
318
254
Family Phocidae (earless seals):
Harbor seal ................................
Phoca vituline richardii ..............
Clarence Strait Stock ................
-,-,N
27,659 (N/A, 24,854,
2015).
746
40
1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries,
ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
4 Previous abundance estimates covering the entire stock’s range are no longer considered reliable and the current estimates presented in the SARs and reported
here only cover a portion of the stock’s range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of the stock’s range. PBR
is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for the entire stock’s range.
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On January 24, 2023, NMFS
published the draft 2022 SARs (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsregion). The Alaska and Pacific Ocean
SARs include a proposed update to the
humpback whale stock structure. The
new structure, if finalized, would
modify the MMPA-designated stocks to
align more closely with the ESAdesignated Distinct Population
Segments (DPS). Please refer to the draft
2022 Alaska and Pacific Ocean SARs for
additional information.
NMFS Office of Protected Resources,
Permits and Conservation Division has
generally considered peer-reviewed data
in draft SARs (relative to data provided
in the most recent final SARs), when
available, as the best available science,
and has done so here for all species and
stocks, with the exception of a new
proposal to revise humpback whale
stock structure. Given that the proposed
changes to the humpback whale stock
structure involve application of NMFS’
Guidance for Assessing Marine
Mammals Stocks and could be revised
following consideration of public
comments, it is more appropriate to
conduct our analysis in this
authorization based on the status quo
stock structure identified in the most
recent final SARs (2021; Muto et al.,
2022).
As indicated above, all five species
(with eight managed stocks) in Table 1
temporally and spatially co-occur with
the activity to the degree that take is
reasonably likely to occur, and we have
authorized it. All species that could
potentially occur in the planned project
areas are included in Table 1 of the IHA
application. While some species have
been reported in or near the area, it is
very rare, and the temporal and/or
spatial occurrence of these species is
more likely outside of the Passage Canal
and outside of the harassment zones.
Therefore, given this information take is
not expected to occur and they are not
discussed further beyond the
explanation provided here.
A detailed description of the species
likely to be affected by TMC’s
construction project, including brief
introductions to the species and
relevant stocks as well as available
information regarding population trends
and threats, and information regarding
local occurrence, were provided in the
Federal Register notice for the proposed
IHA (88 FR 9777, February 13, 2023);
since that time, we are not aware of any
changes in the status of these species
and stocks; therefore, detailed
descriptions are not provided here.
Please refer to that Federal Register
notice for these descriptions. Please also
refer to the NMFS website (https://
www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory
modality for marine mammals
19929
underwater, and exposure to
anthropogenic sound can have
deleterious effects. To appropriately
assess the potential effects of exposure
to sound, it is necessary to understand
the frequency ranges marine mammals
are able to hear. Not all marine mammal
species have equal hearing capabilities
(e.g., Richardson et al., 1995; Wartzok
and Ketten, 1999; Au and Hastings,
2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine
mammals be divided into hearing
groups based on directly measured
(behavioral or auditory evoked potential
techniques) or estimated hearing ranges
(behavioral response data, anatomical
modeling, etc.). Note that no direct
measurements of hearing ability have
been successfully completed for
mysticetes (i.e., low-frequency
cetaceans). Subsequently, NMFS (2018)
described generalized hearing ranges for
these marine mammal hearing groups.
Generalized hearing ranges were chosen
based on the approximately 65 decibel
(dB) threshold from the normalized
composite audiograms, with the
exception for lower limits for lowfrequency cetaceans where the lower
bound was deemed to be biologically
implausible and the lower bound from
Southall et al. (2007) retained. Marine
mammal hearing groups and their
associated hearing ranges are provided
in Table 2.
TABLE 2—MARINE MAMMAL HEARING GROUPS
[NMFS, 2018]
Generalized hearing
range *
Hearing group
Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................................................
Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) .......................................................................
High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. australis) ...............
Phocid pinnipeds (PW) (underwater) (true seals) ...............................................................................................................................................
Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...........................................................................................................................
7 Hz to 35 kHz.
150 Hz to 160 kHz.
275 Hz to 160 kHz.
50 Hz to 86 kHz.
60 Hz to 39 kHz.
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* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing
group was modified from Southall et al.
(2007) on the basis of data indicating
that phocid species have consistently
demonstrated an extended frequency
range of hearing compared to otariids,
especially in the higher frequency range
(Hemila¨ et al., 2006; Kastelein et al.,
2009; Reichmuth and Holt, 2013).
For more detail concerning these
groups and associated frequency ranges,
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please see NMFS (2018) for a review of
available information.
Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The effects of underwater noise from
the TMC’s pile driving activities have
the potential to result in behavioral
harassment of marine mammals in the
vicinity of the project area. The notice
of the proposed IHA (88 FR 9777,
February 13, 2023) included a
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discussion of the effects of
anthropogenic noise on marine
mammals and the potential effects of
underwater noise from the TMC’s pile
driving activities on marine mammals
and their habitat. That information and
analysis is incorporated by reference
into this final IHA determination and is
not repeated here; please refer to the
notice of the proposed IHA (88 FR 9777,
February 13, 2023).
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Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Notices
Estimated Take of Marine Mammals
This section provides an estimate of
the number of incidental takes
authorized through this IHA, which will
inform both NMFS’ consideration of
‘‘small numbers,’’ and the negligible
impact determinations.
Harassment is the only type of take
expected to result from these activities.
Except with respect to certain activities
not pertinent here, section 3(18) of the
MMPA defines ‘‘harassment’’ as any act
of pursuit, torment, or annoyance,
which (i) has the potential to injure a
marine mammal or marine mammal
stock in the wild (Level A harassment);
or (ii) has the potential to disturb a
marine mammal or marine mammal
stock in the wild by causing disruption
of behavioral patterns, including, but
not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
(Level B harassment).
Authorized takes will primarily be by
Level B harassment, as use of the
acoustic sources (i.e., vibratory or
impact pile driving and DTH) has the
potential to result in disruption of
behavioral patterns for individual
marine mammals. There is also some
potential for auditory injury (Level A
harassment) to result for Dall’s porpoise
and harbor seals, due to the cryptic
nature of these species in the context of
large predicted auditory injury zones.
Auditory injury is unlikely to occur for
low- and mid-frequency species and
otariids, based on the likelihood of the
species in the action area, the ability to
monitor the entire smaller shutdown
zone, and because of the expected ease
of detection for the former groups. The
mitigation and monitoring measures are
expected to minimize the severity of the
taking to the extent practicable.
As described previously, no serious
injury or mortality is anticipated or
authorized for this activity. Below we
describe how the take numbers are
estimated.
For acoustic impacts, generally
speaking, we estimate take by
considering: (1) acoustic thresholds
above which NMFS believes the best
available science indicates marine
mammals will be behaviorally harassed
or incur some degree of permanent
hearing impairment; (2) the area or
volume of water that will be ensonified
above these levels in a day; (3) the
density or occurrence of marine
mammals within these ensonified areas;
and, (4) the number of days of activities.
We note that while these factors can
contribute to a basic calculation to
provide an initial prediction of potential
takes, additional information that can
qualitatively inform take estimates is
also sometimes available (e.g., previous
monitoring results or average group
size). Below, we describe the factors
considered here in more detail and
present the take estimates.
Acoustic Thresholds
NMFS recommends the use of
acoustic thresholds that identify the
received level of underwater sound
above which exposed marine mammals
would be reasonably expected to be
behaviorally harassed (equated to Level
B harassment) or to incur Permanent
Threshold Shift (PTS) of some degree
(equated to Level A harassment).
Level B Harassment—Though
significantly driven by received level,
the onset of behavioral disturbance from
anthropogenic noise exposure is also
informed to varying degrees by other
factors related to the source or exposure
context (e.g., frequency, predictability,
duty cycle, duration of the exposure,
signal-to-noise ratio, distance to the
source), the environment (e.g.,
bathymetry, other noises in the area,
predators in the area), and the receiving
animals (hearing, motivation,
experience, demography, life stage,
depth) and can be difficult to predict
(e.g., Southall et al., 2007, 2021, Ellison
et al., 2012). Based on what the
available science indicates and the
practical need to use a threshold based
on a metric that is both predictable and
measurable for most activities, NMFS
typically uses a generalized acoustic
threshold based on received level to
estimate the onset of behavioral
harassment. NMFS generally predicts
that marine mammals are likely to be
behaviorally harassed in a manner
considered to be Level B harassment
when exposed to underwater
anthropogenic noise above root-meansquared pressure received levels (RMS
SPL) of 120 dB (referenced to 1
micropascal (re 1 mPa)) for continuous
(e.g., vibratory pile driving, drilling) and
above RMS SPL 160 dB re 1 mPa for nonexplosive impulsive (e.g., seismic
airguns) or intermittent (e.g., scientific
sonar) sources. Generally speaking,
Level B harassment take estimates based
on these behavioral harassment
thresholds are expected to include any
likely takes by Temporary Threshold
Shift (TTS) as, in most cases, the
likelihood of TTS occurs at distances
from the source less than those at which
behavioral harassment is likely. TTS of
a sufficient degree can manifest as
behavioral harassment, as reduced
hearing sensitivity and the potential
reduced opportunities to detect
important signals (conspecific
communication, predators, prey) may
result in changes in behavior patterns
that would not otherwise occur.
TMC’s activity includes the use of
continuous (vibratory hammer and
DTH) and impulsive (DTH and impact
pile-driving) sources, and therefore the
120 and 160 dB re 1 mPa (rms)
thresholds are applicable.
Level A harassment—NMFS’
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (Version 2.0)
(Technical Guidance, 2018) identifies
dual criteria to assess auditory injury
(Level A harassment) to five different
marine mammal groups (based on
hearing sensitivity) as a result of
exposure to noise from two different
types of sources (impulsive or nonimpulsive). TMC’s activity includes the
use of impulsive (impact pile-driving
and DTH) and non-impulsive (vibratory
hammer and DTH) sources.
These thresholds are provided in the
table below. The references, analysis,
and methodology used in the
development of the thresholds are
described in NMFS’ 2018 Technical
Guidance, which may be accessed at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
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TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds *
(received level)
Hearing group
Impulsive
Low-Frequency (LF) Cetaceans ....................................................
Mid-Frequency (MF) Cetaceans ...................................................
High-Frequency (HF) Cetaceans ..................................................
Phocid Pinnipeds (PW) (Underwater) ...........................................
Otariid Pinnipeds (OW) (Underwater) ...........................................
Cell
Cell
Cell
Cell
Cell
1:
3:
5:
7:
9:
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
219
230
202
218
232
dB;
dB;
dB;
dB;
dB;
Non-impulsive
LE,LF,24h: 183 dB .......................................
LE,MF,24h: 185 dB ......................................
LE,HF,24h: 155 dB ......................................
LE,PW,24h: 185 dB .....................................
LE,OW,24h: 203 dB .....................................
Cell
Cell
Cell
Cell
Cell
2: LE,LF,24h: 199 dB
4: LE,MF,24h: 198 dB
6: LE,HF,24h: 173 dB
8: LE,PW,24h: 201 dB
10: LE,OW,24h: 219 dB
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered.
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19931
Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat
weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is
valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
Ensonified Area
Here, we describe operational and
environmental parameters of the activity
that are used in estimating the area
ensonified above the acoustic
thresholds, including source levels and
transmission loss coefficient.
The sound field in the project area is
the existing background noise plus
additional construction noise from the
planned project. Marine mammals are
expected to be affected via sound
generated by the primary components of
the project (i.e., impact pile driving,
vibratory pile driving and removal, and
DTH).
In order to calculate distances to the
Level A harassment and Level B
harassment thresholds for the methods
and piles being used in this project,
NMFS used acoustic monitoring data
from other locations to develop source
levels for the various pile types, sizes,
and methods (Table 4). Additionally, a
bubble curtain will be deployed at a
depth of 60-ft (18.3-m) and will be used
during all activities that fall within the
60-ft (18.3-m) isobath. Therefore, a 5 dB
reduction is applied to the estimated
sound source levels for driving these
piles only (Caltrans, 2020).
TABLE 4—OBSERVED SOURCE LEVELS FOR PILE INSTALLATION AND REMOVAL
SPL
(dB)
Pile size, method
SEL
(dB)
Reference
Bubble Curtain in use (depths of 60 ft or less)
36-in steel pile,
(temporary).
36-in steel pile,
porary).
36-in steel pile,
porary) *.
36-in steel pile,
(permanent).
36-in steel pile,
manent).
36-in steel pile,
nent) *.
Vibratory Installation
161 RMS ** ...........
...............................
U.S. Navy 2015.
Vibratory Removal (tem-
161 RMS ** ...........
...............................
U.S. Navy 2015.
DTH Installation (tem-
169 RMS ** ...........
159 SEL ** ............
Vibratory Installation
161 RMS ** ...........
...............................
Denes et al., 2019; Guan and Miner, 2020; Reyff and Heyvaert, 2019; Reyff,
2020; Heyvaert and Reyff, 2021.
U.S. Navy 2015.
Impact Installation (per-
187 RMS ** ...........
179 SEL ** ............
U.S. Navy 2015.
DTH Installation (perma-
169 RMS ** ...........
159 SEL ** ............
Denes et al., 2019; Guan and Miner, 2020; Reyff and Heyvaert, 2019; Reyff,
2020; Heyvaert and Reyff, 2021.
No Bubble Curtain (depths greater than 60 ft)
36-in steel pile,
(temporary).
36-in steel pile,
porary).
42-in steel pile,
48-in steel pile,
42-in steel pile,
48-in steel pile,
36-in steel pile,
porary).
42-in steel pile,
Vibratory Installation
166 RMS ..............
...............................
U.S. Navy 2015.
Vibratory Removal (tem-
166 RMS ..............
...............................
U.S. Navy 2015.
Vibratory Installation ......
Vibratory Installation ......
Impact Installation .........
Impact Installation .........
DTH Installation (tem-
168.2 RMS ...........
168.2 RMS ...........
198.6 RMS ...........
198.6 RMS ...........
174 RMS ..............
...............................
...............................
186.7 SEL ............
186.7 SEL ............
164 SEL ...............
DTH Installation * ...........
174 RMS ..............
164 SEL ...............
48-in steel pile, DTH Installation * ...........
174 RMS ..............
171 SEL ...............
Austin et al. 2016.
Austin et al. 2016.
Austin et al. 2016.
Austin et al. 2016.
Denes et al., 2019; Guan and Miner, 2020; Reyff and Heyvaert, 2019; Reyff,
2020; Heyvaert and Reyff, 2021.
Denes et al., 2019; Guan and Miner, 2020; Reyff and Heyvaert, 2019; Reyff,
2020; Heyvaert and Reyff, 2021.
Denes et al., 2019; Guan and Miner, 2020; Reyff and Heyvaert, 2019; Reyff,
2020; Heyvaert and Reyff, 2021.
ddrumheller on DSK120RN23PROD with NOTICES1
Note: SELss = single strike sound exposure level; RMS = root mean square.
* Source levels here differ from those used in TMC’s application as NMFS has updated their acoustic guidance on DTH, resulting in larger Level B harassment
SPLs. (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance#other-nmfs-acoustic-thresholds-and-tools).
** Attenuated source levels with 5dB reduction due to use of a bubble curtain during these activities (Caltrans, 2020; Austin et al., 2016).
NMFS recommends treating DTH
systems as both impulsive and
continuous, non-impulsive sound
source types simultaneously. Thus,
impulsive thresholds are used to
evaluate Level A harassment, and
continuous thresholds are used to
evaluate Level B harassment. With
regards to DTH mono-hammers, NMFS
recommends proxy levels for Level A
harassment based on available data
regarding DTH systems of similar sized
piles and holes (Denes et al., 2019; Guan
and Miner, 2020; Reyff and Heyvaert,
2019; Reyff, 2020; Heyvaert and Reyff,
2021).
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Level B Harassment Zones
Transmission loss (TL) is the decrease
in acoustic intensity as an acoustic
pressure wave propagates out from a
source. TL parameters vary with
frequency, temperature, sea conditions,
current, source and receiver depth,
water depth, water chemistry, and
bottom composition and topography.
The general formula for underwater TL
is:
TL = B * log10 (R1/R2),
Where:
TL = transmission loss in dB
B = transmission loss coefficient; for practical
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spreading equals 15
R1 = the distance of the modeled SPL from
the driven pile, and
R2 = the distance from the driven pile of the
initial measurement.
The recommended TL coefficient for
most nearshore environments is the
practical spreading value of 15. This
value results in an expected propagation
environment that lies between spherical
and cylindrical spreading loss
conditions, which is the most
appropriate assumption for TMC’s
planned activities. The Level B
harassment zones and areas of zones of
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influence (ZOIs) for the planned
activities are shown in Table 5.
Level A Harassment Zones
The ensonified area associated with
Level A harassment is more technically
challenging to predict due to the need
to account for a duration component.
Therefore, NMFS developed an optional
User Spreadsheet tool to accompany the
Technical Guidance that can be used to
relatively simply predict an isopleth
distance for use in conjunction with
marine mammal density or occurrence
to help predict potential takes. We note
that because of some of the assumptions
included in the methods underlying this
optional tool, we anticipate that the
resulting isopleth estimates are typically
going to be overestimates of some
degree, which may result in an
overestimate of potential take by Level
A harassment. However, this optional
tool offers the best way to estimate
isopleth distances when more
sophisticated modeling methods are not
available or practical. For stationary
sources, such as pile installation or
removal, the optional User Spreadsheet
tool predicts the distance at which, if a
marine mammal remained at that
distance for the duration of the activity,
it would be expected to incur PTS. The
isopleths generated by the User
Spreadsheet used the same TL
coefficient as the Level B harassment
zone calculations (i.e., the practical
spreading value of 15). Inputs used in
the User Spreadsheet (e.g., number of
piles per day, duration and/or strikes
per pile) are presented in Table 1 of the
notice of the proposed IHA (88 FR 9777,
February 13, 2023). The maximum RMS
SPL, SEL, and resulting isopleths are
reported in Table 4 and 5.
TABLE 5—LEVEL A AND LEVEL B HARASSMENT ISOPLETHS FOR PILE DRIVING ACTIVITIES
Level A harassment zone
(m)
Activity
LF cetacean
MF cetacean
HF cetacean
Phocids
Level B
harassment
zone
(m)
Otariids
Bubble Curtain in use (depths of 60 ft or less)
36-in steel pile, Vibratory Installation
(temporary) ...........................................
36-in steel pile, Vibratory Removal (temporary) ..................................................
36-in steel pile, DTH Installation (temporary) ..................................................
36-in steel pile, Vibratory Installation
(permanent) ..........................................
36-in steel pile, Impact Installation (permanent) ................................................
36-in steel pile, DTH Installation (permanent) * ...................................................
5.2
0.5
7.7
3.2
0.2
5,412
5.2
0.5
7.7
3.2
0.2
5,412
681.1
24.5
820.9
368.8
26.9
* 18,479
6.8
0.6
10.1
4.2
0.3
5,412
2,015.1
71.7
2,400.3
1,078.4
78.5
631
799.7
28.4
952.6
428
31.2
* 18,479
No Bubble Curtain (depths greater than 60 ft)
36-in steel pile, Vibratory Installation
(temporary) ...........................................
36-in steel pile, Vibratory Removal (temporary) ..................................................
42-in steel pile, Vibratory Installation .......
48-in steel pile, Vibratory Installation .......
42-in steel pile, Impact Installation ..........
48-in steel pile, Impact Installation ..........
36-in steel pile, DTH Installation (temporary) ..................................................
42-in steel pile, DTH Installation * ............
48-in steel pile, DTH Installation * ............
11.2
1
16.6
6.8
.05
11,659
11.2
20.6
13
6,570.9
5,014.6
1
1.8
1.2
233.7
178.4
16.6
30.5
19.2
7,827
5,973.1
6.8
12.5
7.9
3,516.4
2,683.6
.05
0.9
0.6
256
195.4
11,659
16,343
16,343
3,744
3,744
1,484.7
1,722.9
5,045.7
52.8
61.3
179.5
1,768.5
2,052.2
6,010.2
794.6
922
2,700.2
57.9
67.1
196.6
* 39,811
* 39,811
* 39,811
ddrumheller on DSK120RN23PROD with NOTICES1
* Differs from TMC’s application due to difference in source level use. See Table 4.
Marine Mammal Occurrence
In this section we provide information
about the occurrence of marine
mammals, including presence, local
knowledge, group dynamics, or other
relevant information, that will inform
the take calculations. We also describe
how the information provided above is
brought together to produce a
quantitative take estimate.
Available information regarding
marine mammal occurrence and
abundance in the vicinity of the Passage
Canal includes local knowledge,
previous marine construction projects in
the Whittier area, and available
scientific literature. A summary of
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authorized take is in Table 7. To
accurately describe species occurrence
near the action area, marine mammals
were described as either common or
infrequent.
To obtain more accurate estimates of
potential take by Level B harassment,
TMC estimated an hourly occurrence
probability of each marine mammal
species in the action area rather than a
weekly or daily estimation, since pile
driving activities will not occur over an
entire day, but rather over a certain
number of hours. Occurrence
probability estimates are based on
conservative density approximations for
each species and factor in historic data
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of occurrence, seasonality, and group
size in the Passage Canal and/or nearby
Prince William Sound.
Assumptions for these hourly
estimations were that common species
(Steller sea lion, harbor seal) would
have two group sightings per day in the
Passage Canal, and infrequent species
would have three group sightings per
week in the Passage Canal, or slightly
fewer than one group sighting every two
days (Table 6). In these estimations, a
sighting does not equal one animal; a
sighting equals one group of each
particular species or stock. To
standardize observation estimates across
species, these numbers were distilled
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down to obtain the hourly occurrence
probability for each species.
Additionally, one day was equated to 12
hours rather than 24 hours to obtain a
rough estimate of observations during
daylight hours when pile driving and
project activities will occur, and to
obtain more conservative estimates of
species occurrence. TMC states that this
hourly estimate provides a more
accurate representation of actual
possible takes in Passage Bay.
TABLE 6—ESTIMATED OCCURRENCE OF GROUP SIGHTING OF MARINE MAMMALS
Group sighting occurrence estimate
Species occurrence in the action area
Weekly
Common (Steller sea lion, harbor seal) ......................................................................................
Infrequent (humpback whale, Dall’s porpoise, killer whale) ........................................................
Take Estimation
Here we describe how the information
provided above is synthesized to
produce a quantitative estimate of the
take that is reasonably likely to occur
and authorized.
Take was estimated using the hourly
occurrence probability for each species,
which was multiplied by the estimated
group size and by the number of hours
of each type of pile driving activity for
total take estimate.
For species infrequently seen in
Passage Canal (humpback whale, Dall’s
porpoise, and killer whale) and rarely
seen close to the project location, only
hours of pile driving for DTH and
vibratory driving were used to calculate
these species take estimates. Impact pile
driving was excluded from these
analyses because the Level A
harassment isopleth was larger than the
Level B harassment isopleth for lowand high-frequency cetaceans, and
therefore construction will be shut
down before they approach the Level B
harassment zone. However, for killer
whales, impact pile driving was
excluded because killer whales are an
infrequent visitor to Passage Canal and
often highly visible. For impact pile
driving, TMC will conservatively apply
thresholds for high frequency cetaceans
to killer whales. This precautionary
measure will reduce potential impacts
Daily
14
3
Hourly
2
0.5
0.17
0.04
(16,343 m), giving a species multiplier
per hour for occurrence in the smaller
Level A harassment isopleth. This was
multiplied by the number of hours of
the specific activity type, giving the
estimate for take by Level A harassment
during that activity. For example, the
Level A harassment isopleth for phocid
pinnipeds during impact pile driving of
36-in steel piles is 2,323 meters, so
Level B harassment estimates are
multiplied by a factor of 0.14 (2,323/
16,343 = 0.14) to estimate take in the
Level A harassment zone. All take by
Level A harassment was conservatively
calculated using isopleths from
unattenuated source levels. Take by
Level B harassment was calculated
based on occurrence estimates for the
area encompassed by the largest
isopleth generated by unattenuated
source levels (i.e., all of Passage Canal).
Additionally, the shutdown zone for
phocid pinnipeds was decreased
compared to the calculated zone for pile
driving activities that encompassed the
public boat harbor approximately 1,500
meters away due to the possibility of
harbor seals using the area as a haulout.
The shutdown zone was reduced to
1,360-m for impact pile driving 42- and
48-in pile sizes and DTH drilling of 48in piles and the calculated take by Level
A harassment has been doubled for this
species.
to the highly vulnerable AT–1 killer
whale stock that is found in this region
should they enter the Passage Canal
during the in-water work period.
Take by Level A harassment is also
requested for Dall’s porpoise and harbor
seals given their frequency in the action
area, the large Level A harassment zones
for HF cetaceans and phocids, the
possibility they may not be seen in the
water before pile driving could be shut
down, and the fact that Level A
harassment isopleths for certain pile
driving activities extend to Whittier
Seafood’s outfall, a known marine
mammal foraging area.
The take calculations for Level A
harassment are based on the occurrence
estimate for the species in the largest
Level B harassment zone (16,343
meters) reduced by a factor for each
smaller Level A harassment isopleth.
While NMFS updated the DTH source
levels, resulting in DTH having the
largest Level B harassment isopleth, the
shoreline is limited in Passage Canal
and the largest practical Level B
harassment isopleth is the one used by
TMC for the original calculation of take
by Level A harassment. Therefore, the
updated DTH values do not impact the
take calculation. The Level A
harassment isopleth for each species
and specific activity was divided by the
largest Level B harassment isopleth
TABLE 7—AUTHORIZED AMOUNT OF TAKING AND PERCENT OF STOCK
Species
Stock
Average
group size
Humpback whale ......................
Hawaii DPS ..............................
WNP DPS .................................
Mexico DPS ..............................
Alaska .......................................
Alaska Resident ........................
GOA/Aleutian
Islands/Bering
Sea Transient.
Prince William Sound ...............
Western U.S. ............................
ddrumheller on DSK120RN23PROD with NOTICES1
Dall’s Porpoise ..........................
Killer Whale * ............................
Harbor Seal ..............................
Steller Sea Lion ........................
Take by Level
A harassment
Take by Level
B harassment
2.4
....................
....................
4.3
14
....................
0
0
0
9
0
0
22
1
2
36
116
29
22
1
2
45
116
29
<1
<1
<1
<1
6
4.9
3.5
4
40
0
170
218
210
218
<1
<1
* AT–1 transient stock take calculation resulted in 0 takes, therefore no takes were requested or are authorized.
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04APN1
Total take
Percent of
stock
19934
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Mitigation
In order to issue an IHA under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to the activity, and
other means of effecting the least
practicable impact on the species or
stock and its habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance, and on
the availability of the species or stock
for taking for certain subsistence uses.
NMFS regulations require applicants for
incidental take authorizations to include
information about the availability and
feasibility (economic and technological)
of equipment, methods, and manner of
conducting the activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or
may not be appropriate to ensure the
least practicable adverse impact on
species or stocks and their habitat, as
well as subsistence uses where
applicable, NMFS considers two
primary factors:
(1) The manner in which, and the
degree to which, the successful
implementation of the measure(s) is
expected to reduce impacts to marine
mammals, marine mammal species or
stocks, and their habitat, as well as
subsistence uses. This considers the
nature of the potential adverse impact
being mitigated (likelihood, scope,
range). It further considers the
likelihood that the measure will be
effective if implemented (probability of
accomplishing the mitigating result if
implemented as planned), the
likelihood of effective implementation
(probability implemented as planned);
and
(2) The practicability of the measures
for applicant implementation, which
may consider such things as cost, and
impact on operations.
ddrumheller on DSK120RN23PROD with NOTICES1
Mitigation Measures
TMC must follow mitigation measures
as specified below:
• Ensure that construction
supervisors and crews, the monitoring
team, and relevant TMC staff are trained
prior to the start of all pile driving and
DTH activity, so that responsibilities,
communication procedures, monitoring
protocols, and operational procedures
are clearly understood. New personnel
joining during the project must be
trained prior to commencing work;
• Employ Protected Species
Observers (PSOs) and establish
monitoring locations as described in the
application, the Marine Mammal
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Monitoring Plan, and the IHA. The
Holder must monitor the project area to
the maximum extent possible based on
the required number of PSOs, required
monitoring locations, and
environmental conditions. For all pile
driving and removal at least one PSO
must be used. The PSO will be stationed
as close to the activity as possible;
• The placement of the PSOs during
all pile driving and removal and DTH
activities will ensure that the entire
shutdown zone is visible during pile
installation. Should environmental
conditions deteriorate such that marine
mammals within the entire shutdown
zone will not be visible (e.g., fog, heavy
rain), pile driving and removal must be
delayed until the PSO is confident
marine mammals within the shutdown
zone could be detected;
• Monitoring must take place from 30
minutes prior to initiation of pile
driving or DTH activity (i.e., preclearance monitoring) through 30
minutes post-completion of pile driving
or DTH activity;
• Pre-start clearance monitoring must
be conducted during periods of
visibility sufficient for the lead PSO to
determine that the shutdown zones
indicated in Table 8 are clear of marine
mammals. Pile driving and DTH may
commence following 30 minutes of
observation when the determination is
made that the shutdown zones are clear
of marine mammals;
• TMC must use soft start techniques
when impact pile driving. Soft start
requires contractors to provide an initial
set of three strikes at reduced energy,
followed by a 30-second waiting period,
then two subsequent reduced-energy
strike sets. A soft start must be
implemented at the start of each day’s
impact pile driving and at any time
following cessation of impact pile
driving for a period of 30 minutes or
longer; and
• If a marine mammal is observed
entering or within the shutdown zones
indicated in Table 8, pile driving and
DTH must be delayed or halted. If pile
driving is delayed or halted due to the
presence of a marine mammal, the
activity may not commence or resume
until either the animal has voluntarily
exited and been visually confirmed
beyond the shutdown zone (Table 8) or
15 minutes have passed without redetection of the animal;
• As planned by the applicant, in
water activities will take place only
between civil dawn and civil dusk when
PSOs can effectively monitor for the
presence of marine mammals; during
conditions with a Beaufort Sea State of
4 or less; when the entire shutdown
zone and adjacent waters are visible
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(e.g., monitoring effectiveness in not
reduced due to rain, fog, snow, etc.).
Pile driving may continue for up to 30
minutes after sunset during evening
civil twilight, as necessary to secure a
pile for safety prior to demobilization
during this time. The length of the postactivity monitoring period may be
reduced if darkness precludes visibility
of the shutdown and monitoring zones.
Shutdown Zones
TMC will establish shutdown zones
for all pile driving activities. The
purpose of a shutdown zone is generally
to define an area within which
shutdown of the activity will occur
upon sighting of a marine mammal (or
in anticipation of an animal entering the
defined area). Shutdown zones will be
based upon the Level A harassment
zone for each pile size/type and driving
method where applicable, as shown in
Table 8.
TMC will apply a minimum
shutdown zone of 10-m for all pile
driving related activities using a bubble
curtain. For pile driving related
activities without a bubble curtain, the
minimum shutdown zone for cetaceans
is 35-m and for pinnipeds is 15-m.
Further, there will be a nominal 10m shutdown zone for construction
activity where acoustic injury is not the
primary concern. This type of work
could include (but is not limited to) the
following activities: movement of the
barge to the pile location; positioning of
the pile on the substrate via a crane (i.e.,
stabbing the pile); and removal of the
pile from the water column/substrate
via a crane (i.e., deadpull). This 10-m
zone applies for physical safety of
marine mammals to prevent interaction
with equipment. If an activity is delayed
or halted due to the presence of a
marine mammal, the activity may not
commence or resume until either the
animal has voluntarily exited and been
visually confirmed beyond the
shutdown zone indicated in Table 8 or
15 minutes have passed without redetection of the animal. Construction
activities must be halted upon
observation of a species for which
incidental take is not authorized or a
species for which incidental take has
been authorized but the authorized
number of takes has been met entering
or within the harassment zone.
All marine mammals will be
monitored in the Level B harassment
zones and throughout the area as far as
visual monitoring can take place. If a
marine mammal enters the Level B
harassment zone, in-water activities will
continue and the animal’s presence
within the estimated harassment zone
will be documented.
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TMC will also establish shutdown
zones for all marine mammals for which
take has not been authorized or for
which incidental take has been
authorized but the authorized number of
takes has been met. These zones are
equivalent to the Level B harassment
zones for each activity. If a marine
mammal species not covered under this
IHA enters the shutdown zone, all in-
water activities will cease until the
animal leaves the zone or has not been
observed for at least 1 hour, and NMFS
will be notified about species and
precautions taken. Pile removal will
proceed if the non-authorized species is
observed to leave the Level B
harassment zone or if 1 hour has passed
since the last observation.
If shutdown and/or clearance
procedures will result in an imminent
safety concern, as determined by TMC
or its designated officials, the in-water
activity will be allowed to continue
until the safety concern has been
addressed, and the animal will be
continuously monitored.
TABLE 8—SHUTDOWN ZONES AND MONITORING ZONES
Minimum shutdown zone
Activity
Low-frequency
(LF) cetaceans
Barge movements, pile positioning,
etc. ................................................
Mid-frequency
(MF) cetaceans
10
High-frequency
(HF) cetaceans
10
Phocid
Otariid
Harassment
zone
10
10
10
........................
Bubble Curtain in use (depths of 60-ft or less)
36-in steel pile, Vibratory Installation
(temporary) ...................................
36-in steel pile, Vibratory Removal
(temporary) ...................................
36-in steel pile, DTH Installation
(temporary) ...................................
36-in steel pile, Vibratory Installation
(permanent) ..................................
36-in steel pile, Impact Installation
(permanent) ..................................
36-in steel pile, DTH Installation
(permanent) ..................................
10
10
10
10
10
5,415
10
10
10
10
10
5,415
700
35
825
370
35
** 16,345
10
10
10
10
10
5,415
2,055
1 80
2,400
1,100
80
635
800
35
1,000
430
35
** 16,345
No Bubble Curtain (depths greater than 60-ft)
36-in steel pile, Vibratory Installation
(temporary) ...................................
36-in steel pile, Vibratory Removal
(temporary) ...................................
42-in steel pile, Vibratory Installation
48-in steel pile, Vibratory Installation
42-in steel pile, Impact Installation ..
48-in steel pile, Impact Installation ..
36-in steel pile, DTH Installation
(temporary) ...................................
42-in steel pile, DTH Installation ......
48-in steel pile, DTH Installation ......
35
35
35
15
15
11,660
35
35
35
6,575
5,015
35
35
35
1 260
1 200
35
35
35
7,830
5,975
15
15
15
* 1,360
* 1,360
15
15
15
260
200
11,660
16,345
16,345
3,745
3,745
1,485
1,770
5,050
70
70
200
1,770
2,055
6,015
795
925
* 1,360
70
70
200
** 16,345
** 16,345
** 16,345
* For phocids (harbor seals) only, the Level A shutdown zone will be reduced to 1,360 m for impact pile driving of 42- and 48-in piles and DTH
drilling of 48-in piles to exclude the Whittier Public Boat Harbor.
** Differs from Table 5 Level B harassment zone for DTH because 18,479-m and 39,811-m extends longer than Passage Canal, so land
masses will block sound transmission and distances will be truncated. It will also be impractical to monitor this whole zone outside of Passage
Canal. Instead, DTH monitoring zone will be the entirety of the Passage Canal and equivalent to the largest Level B harassment zone.
1 TMC has elected to conservatively apply thresholds for HF cetaceans to killer whales for impact pile driving. This species is an infrequent visitor to Passage Canal and is often highly visible, allowing for easier application of more conservative shutdown zones. This measure will reduce
potential impacts to the highly vulnerable AT–1 killer whale stock that is found in this region should they enter Passage Canal during the in-water
work period.
ddrumheller on DSK120RN23PROD with NOTICES1
Protected Species Observers
The placement of PSOs during all
construction activities (described in the
Monitoring and Reporting section) will
ensure that the entire shutdown zone is
visible. Should environmental
conditions deteriorate such that the
entire shutdown zone would not be
visible (e.g., fog, heavy rain), pile
driving will be delayed until the PSO is
confident marine mammals within the
shutdown zone could be detected.
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PSOs will monitor the full shutdown
zones and the remaining Level A
harassment and the Level B harassment
zones to the extent practicable.
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 areas outside
the shutdown zones, and thus prepare
for a potential cessation of activity
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should the animal enter the shutdown
zone.
Pre-Activity Monitoring
Prior to the start of daily in-water
construction activity, or whenever a
break in pile driving of 30 minutes or
longer occurs, 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
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period. If a marine mammal is observed
within the shutdown zones listed in
Table 8, pile driving activity will be
delayed or halted. If work ceases for
more than 30 minutes, the pre-activity
monitoring of the shutdown zones will
commence. A determination that the
shutdown zone is clear must be made
during a period of good visibility (i.e.,
the entire shutdown zone and
surrounding waters must be visible to
the naked eye).
Soft-Start Procedures
Soft-start procedures provide
additional protection to marine
mammals by providing warning and/or
giving marine mammals a chance to
leave the area prior to the hammer
operating at full capacity. For impact
pile driving, contractors will be required
to provide an initial set of three strikes
from the hammer at reduced energy,
followed by a 30-second waiting period,
then two subsequent reduced-energy
strike sets. Soft-start will be
implemented at the start of each day’s
impact pile driving and at any time
following cessation of impact pile
driving for a period of 30 minutes or
longer.
ddrumheller on DSK120RN23PROD with NOTICES1
Bubble Curtain
A bubble curtain must be employed
during all pile installation and removal
in depths of 60 ft or less. The bubble
curtain must be deployed in manner
guaranteed to distribute air bubbles
around 100 percent of the piling
perimeter for the full depth of the water
column. The lowest bubble ring must be
in contact with the mudline for the full
circumference of the ring. The weights
attached to the bottom ring must ensure
100 percent mudline contact. No parts
of the ring or other objects may prevent
full mudline contact. Air flow to the
bubblers must be balanced around the
circumference of the pile.
Based on our evaluation of the
applicant’s measures, as well as other
measures considered by NMFS, NMFS
has determined that the mitigation
measures provide the means effecting
the least practicable impact on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
In order to issue an IHA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
requirements pertaining to the
monitoring and reporting of such taking.
The MMPA implementing regulations at
50 CFR 216.104(a)(13) indicate that
requests for authorizations must include
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the suggested means of accomplishing
the necessary monitoring and reporting
that will result in increased knowledge
of the species and of the level of taking
or impacts on populations of marine
mammals that are expected to be
present while conducting the activities.
Effective reporting is critical both to
compliance as well as ensuring that the
most value is obtained from the required
monitoring.
Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
activity; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
cumulative impacts from multiple
stressors;
• How anticipated responses to
stressors impact either: (1) long-term
fitness and survival of individual
marine mammals; or (2) populations,
species, or stocks;
• Effects on marine mammal habitat
(e.g., marine mammal prey species,
acoustic habitat, or other important
physical components of marine
mammal habitat); and,
• Mitigation and monitoring
effectiveness.
Visual Monitoring
Marine mammal monitoring must be
conducted in accordance with the
conditions in this section, the
Monitoring Plan, and this IHA. Marine
mammal monitoring during pile driving
activities will be conducted by PSOs
meeting NMFS’ the following
requirements:
• Independent PSOs (i.e., not
construction personnel) who have no
other assigned tasks during monitoring
periods will be used;
• At least one PSO will have prior
experience performing the duties of a
PSO during construction activity
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pursuant to a NMFS-issued incidental
take authorization;
• Other PSOs may substitute
education (degree in biological science
or related field) or training for
experience; and
• Where a team of three or more PSOs
is required, a lead observer or
monitoring coordinator will be
designated. The lead observer will be
required to have prior experience
working as a marine mammal observer
during construction.
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;
• TMC must employ up to four PSOs
during all pile driving and DTH
activities. A minimum of two PSOs
(including the lead PSO) must be
assigned to the active pile driving or
DTH location to monitor the shutdown
zones and as much of the Level B
harassment zones as possible.
• TMC must establish the following
monitoring locations with the best
views of monitoring zones as described
in the IHA and Marine Mammal
Monitoring Plan.
• Two to four PSOs will be onsite
during in-water activities associated
with the Whittier Head of the Bay
Cruise Ship Dock Project, likely
stationed in the following locations
PSOs will likely be located at Station 1:
stationed just to the south of the site on
the shore, Station 2: stationed off Depot
Road near the freight loading dock,
Station 3: stationed along the shoreline
northeast of the Emerald Cove
Trailhead, and Station 4: stationed on a
boat triangulating an area between
Emerald Island, the north shore of
Passage Canal, southeast towards
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Gradual Point, and back southwest
toward Trinity Point and Emerald Island
as shown in Figure 8 of the Marine
Mammal Monitoring Plan. All PSOs will
have access to high-quality binoculars,
range finders to monitor distances, and
a compass to record bearing to animals
as well as radios or cells phones for
maintaining contact with work crews.
Monitoring will be conducted 30
minutes before, during, and 30 minutes
after all in water construction activities.
In addition, PSOs will record all
incidents of marine mammal
occurrence, regardless of distance from
activity, and will document any
behavioral reactions in concert with
distance from piles being driven or
removed. Pile driving activities include
the time to install or remove a single
pile or series of piles, as long as the time
elapsed between uses of the pile driving
equipment is no more than 30 minutes.
TMC shall conduct briefings between
construction supervisors and crews,
PSOs, TMC staff prior to the start of all
pile driving activities, and when new
personnel join the work. These briefings
will explain responsibilities,
communication procedures, marine
mammal monitoring protocol, and
operational procedures.
ddrumheller on DSK120RN23PROD with NOTICES1
Acoustic Monitoring
Acoustic monitoring must be
conducted in accordance with the
Acoustic Monitoring Plan. TMC must
conduct hydroacoustic monitoring of
two (one 36-in and one 48-in) piles each
from different locations during DTH
drilling.
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 from 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 the number and type of piles
driven or removed and by what method
(i.e., impact, vibratory, or DTH) and the
total equipment duration for vibratory
removal or DTH for each pile or hole or
total number of strikes for each pile
(impact driving);
• PSO locations during marine
mammal monitoring;
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• Environmental conditions during
monitoring periods (at beginning and
end of PSO shift and whenever
conditions change significantly),
including Beaufort sea state and any
other relevant weather conditions
including cloud cover, fog, sun glare,
and overall visibility to the horizon, and
estimated observable distance;
• Upon observation of a marine
mammal, the following information:
Æ Name of PSO who sighted the
animal(s) and PSO location and activity
at the time of sighting;
Æ Time of sighting;
Æ Identification of the animal(s) (e.g.,
genus/species, lowest possible
taxonomic level, or unidentifiable), PSO
confidence in identification, and the
composition of the group if there is a
mix of species;
Æ Distance and bearing of each
marine mammal observed relative to the
pile being driven for each sightings (if
pile driving was occurring at time of
sighting);
Æ Estimated number of animals (min/
max/best estimate);
Æ Estimated number of animals by
cohort (adults, juveniles, neonates,
group composition, sex class, etc.);
Æ Animal’s closest point of approach
and estimated time spent within the
harassment zone; and
Æ Description of any marine mammal
behavioral observations (e.g., observed
behaviors such as feeding or traveling),
including an assessment of behavioral
responses thought to have resulted from
the activity (e.g., no response or changes
in behavioral state such as ceasing
feeding, changing direction, flushing, or
breaching).
• Number of marine mammals
detected within the harassment zones
and shutdown zones; by species;
• Detailed information about any
implementation of any mitigation
triggered (e.g., shutdowns and delays), a
description of specific actions that
ensured, and resulting changes in
behavior of the animal(s), if any; and
• If visibility degrades to where
PSO(s) cannot view the entire
harassment zones, additional PSOs may
be positioned so that the entire width is
visible, or work will be halted until the
entire width is visible to ensure that any
humpback whales entering or within the
harassment zone are detected by PSOs.
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.
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19937
Acoustic Monitoring Plan
The report must include:
• Type and size of pile being driven,
substrate type, method of driving during
recordings (including hammer model
and energy setting(s)), total pile driving
duration, and water depth at the pile;
• Whether a sound attenuation device
is used and, if so, a detailed description
of the device and the duration of its use
per pile;
• Number of strikes and strike rate,
depth of substrate to penetrate; pulse
duration and mean, median, and
maximum sound levels (dB re: 1 mPa);
root mean square sound pressure level
(SPLrms), peak sound pressure level
(SPLpeak), cumulative sound exposure
level (SELcum), and single strike
exposure sound level (SEL s-s);
• One-third octave band spectrum
and power spectral density plot for each
pile monitored; and
• Environmental data, including but
not limited to, the following: wind
speed and direction, air temperature,
humidity, surface water temperature,
water depth, wave height, weather
conditions, and other factors that could
contribute to influencing the airborne
and underwater sound levels (e.g.,
aircraft, boats, etc.).
Reporting Injured or Dead Marine
Mammals
In the event that personnel involved
in the construction activities discover
an injured or dead marine mammal, the
IHA-holder must immediately cease the
specified activities and report the
incident to the Office of Protected
Resources (OPR)
(PR.ITP.MonitoringReports@noaa.gov),
NMFS and to the Alaska Regional
Stranding Coordinator as soon as
feasible. If the death or injury was
clearly caused by the specified activity,
TMC 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;
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ddrumheller on DSK120RN23PROD with NOTICES1
• If available, photographs or video
footage of the animal(s); and
• General circumstances under which
the animal was discovered.
Negligible Impact Analysis and
Determination
NMFS has defined negligible impact
as an impact resulting from the
specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of takes alone is not enough information
on which to base an impact
determination. In addition to
considering estimates of the number of
marine mammals that might be ‘‘taken’’
through harassment, NMFS considers
other factors, such as the likely nature
of any impacts or responses (e.g.,
intensity, duration), the context of any
impacts or responses (e.g., critical
reproductive time or location, foraging
impacts affecting energetics), as well as
effects on habitat, and the likely
effectiveness of the mitigation. We also
assess the number, intensity, and
context of estimated takes by evaluating
this information relative to population
status. Consistent with the 1989
preamble for NMFS’ implementing
regulations (54 FR 40338, September 29,
1989), the impacts from other past and
ongoing anthropogenic activities are
incorporated into this analysis via their
impacts on the baseline (e.g., as
reflected in the regulatory status of the
species, population size and growth rate
where known, ongoing sources of
human-caused mortality, or ambient
noise levels).
To avoid repetition, our analysis
applies to all species listed in Table 1
for which take could occur, given that
NMFS expects the anticipated effects of
the pile driving/removal and DTH on
different marine mammal stocks to be
similar in nature. Where there are
meaningful differences between species
or stocks, or groups of species, in
anticipated individual responses to
activities, impact of expected take on
the population due to differences in
population status, or impacts on habitat,
NMFS has identified species-specific
factors to inform the analysis.
Pile driving and DTH activities
associated with the project, as outlined
previously, have the potential to disturb
or displace marine mammals.
Specifically, the specified activities may
result in take, in the form of Level B
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harassment and, for some species, Level
A harassment from underwater sounds
generated by pile driving activities.
Potential takes could occur if
individuals are present in the ensonified
zone when these activities are
underway.
No serious injury or mortality is
expected, even in the absence of
required mitigation measures, given the
nature of the activities. Further, no take
by Level A harassment is anticipated for
humpback whales, killer whales, or
Steller sea lion due to the application of
planned mitigation measures, such as
shutdown zones that encompass the
Level A harassment zones for these
species and the rarity of these species
near the action area. The potential for
harassment would be minimized
through the construction method and
the implementation of the planned
mitigation measures (see Mitigation
section).
Take by Level A harassment is
authorized for two species (Dall’s
porpoise and harbor seal) as the Level
A harassment zones exceed the size of
the shutdown zones for specific
construction scenarios. Additionally,
these species could be found more often
near the action area and are cryptic in
nature. Therefore, there is the
possibility that an animal could enter a
Level A harassment zone without being
detected, and remain within that zone
for a duration long enough to incur PTS.
Level A harassment of these species is
authorized to be conservative. Any take
by Level A harassment is expected to
arise from, at most, a small degree of
PTS (i.e., minor degradation of hearing
capabilities within regions of hearing
that align most completely with the
energy produced by impact pile driving
such as the low-frequency region below
2 kHz), not severe hearing impairment
or impairment within the ranges of
greatest hearing sensitivity. Animals
would need to be exposed to higher
levels and/or longer duration than are
expected to occur here in order to incur
any more than a small degree of PTS.
Further, the amount of take by Level
A harassment authorized is very low for
both marine mammal stocks and
species. If hearing impairment occurs, it
is most likely that the affected animal
will lose only a few decibels in its
hearing sensitivity. Due to the small
degree anticipated, any PTS potential
incurred will not be expected to affect
the reproductive success or survival of
any individuals, much less result in
adverse impacts on the species or stock.
Additionally, some subset of the
individuals that are behaviorally
harassed could also simultaneously
incur some small degree of TTS for a
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short duration. However, since the
hearing sensitivity of individuals that
incur TTS is expected to recover
completely within minutes to hours, it
is unlikely that the brief hearing
impairment would affect the
individual’s long-term ability to forage
and communicate with conspecifics,
and will therefore not likely impact
reproduction or survival of any
individual marine mammal, let alone
adversely affect rates of recruitment or
survival of the species or stock.
The Level A harassment zones
identified in Table 5 are based upon an
animal exposed to pile driving or DTH
up to four piles per day. Given the short
duration to impact drive or vibratory
install or extract, or use DTH drilling on
each pile, and breaks between pile
installations (to reset equipment and
move piles into place), an animal will
have to remain within the area
estimated to be ensonified above the
Level A harassment threshold for
multiple hours. This is highly unlikely
give marine mammal movement in the
area. If an animal was exposed to
accumulated sound energy, the resulting
PTS will likely be small (e.g., PTS onset)
at lower frequencies where pile driving
energy is concentrated, and unlikely to
result in impacts to individual fitness,
reproduction, or survival.
The nature of the pile driving project
precludes the likelihood of serious
injury or mortality. For all species and
stocks, take will occur within a limited,
confined area (adjacent to the project
site) of the stock’s range. Level A and
Level B harassment will be reduced to
the level of least practicable adverse
impact through use of mitigation
measures described herein. Further, the
amount of take authorized is extremely
small when compared to stock
abundance.
Behavioral responses of marine
mammals to pile driving, pile removal,
and DTH at the sites in the Passage
Canal are expected to be mild, short
term, and temporary. Marine mammals
within the Level B harassment zones
may not show any visual cues they are
disturbed by activities or they could
become alert, avoid the area, leave the
area, or display other mild responses
that are not observable such as changes
in vocalization patterns. Given that pile
driving, pile removal, and DTH will
occur for only a portion of the project’s
duration, any harassment occurring will
be temporary. Additionally, many of the
species present in region will only be
present temporarily based on seasonal
patterns or during transit between other
habitats. These temporary present
species will be exposed to even smaller
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periods of noise-generating activity,
further decreasing the impacts.
For all species, there are no known
Biologically Important Areas (BIAs) near
the project area that will be impacted by
TMC’s planned activities. While
southcentral Alaska is considered an
important area for feeding humpback
whales between March and May (Ellison
et al., 2012), it is not currently
designated as critical habitat for
humpback whales (86 FR 21082, April
21, 2021).
In addition, it is unlikely that minor
noise effects in a small, localized area of
habitat will have any effect on each
stock’s ability to recover. In
combination, we believe that these
factors, as well as the available body of
evidence from other similar activities,
demonstrate that the potential effects of
the specified activities will have only
minor, short-term effects on individuals.
The specified activities are not expected
to impact rates of recruitment or
survival and will therefore not result in
population-level impacts.
In summary and as described above,
the following factors primarily support
our determination that the impacts
resulting from this activity are not
expected to adversely affect the species
or stock through effects on annual rates
of recruitment or survival:
• No serious injury or mortality is
anticipated or authorized;
• Authorized Level A harassment will
be very small amounts and of low
degree;
• Level A harassment takes of only
Dall’s porpoise and harbor seals;
• For all species, the Passage Canal is
a very small and peripheral part of their
range;
• The intensity of anticipated takes
by Level B harassment is relatively low
for all stocks. Level B harassment will
be primarily in the form of behavioral
disturbance, resulting in avoidance of
the project areas around where impact
or vibratory pile driving is occurring,
with some low-level TTS that may limit
the detection of acoustic cues for
relatively brief amounts of time in
relatively confined footprints of the
activities;
• Effects on species that serve as prey
for marine mammals from the activities
are expected to be short-term and,
therefore, any associated impacts on
marine mammal feeding are not
expected to result in significant or longterm consequences for individuals, or to
accrue to adverse impacts on their
populations;
• The ensonified areas are very small
relative to the overall habitat ranges of
all species and stocks, and will not
adversely affect ESA-designated critical
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habitat for any species or any areas of
known biological importance;
• The lack of anticipated significant
or long-term negative effects to marine
mammal habitat; and
• TMC will implement mitigation
measures including soft-starts and
shutdown zones to minimize the
numbers of marine mammals exposed to
injurious levels of sound, and to ensure
that take by Level A harassment is, at
most, a small degree of PTS.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from the planned activity
will have a negligible impact on all
affected marine mammal species or
stocks.
Small Numbers
As noted previously, only take of
small numbers of marine mammals may
be authorized under sections
101(a)(5)(A) and (D) of the MMPA for
specified activities other than military
readiness activities. The MMPA does
not define small numbers and so, in
practice, where estimated numbers are
available, NMFS compares the number
of individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals. When the
predicted number of individuals to be
taken is fewer than one-third of the
species or stock abundance, the take is
considered to be of small numbers.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
The amount of take NMFS plans to
authorize is below one-third of the
estimated stock abundance for all
species (in fact, take of individuals is
less than five percent of the abundance
of the affected stocks, see Table 7). This
is likely a conservative estimate because
we assume all takes are of different
individual animals, which is likely not
the case. Some individuals may return
multiple times in a day, but PSOs will
count them as separate takes if they
cannot be individually identified.
Additionally, the most recent estimate
for the Alaska stock of Dall’s porpoise
was 13,110 animals; however this
number just accounts for a portion of
the stock’s range. Therefore, the 45 takes
of this stock planned for authorization
is believed to be an even smaller portion
of the overall stock abundance.
PO 00000
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Fmt 4703
Sfmt 4703
19939
Based on the analysis contained
herein of the planned activity (including
the mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the population size
of the affected species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
In order to issue an IHA, NMFS must
find that the specified activity will not
have an ‘‘unmitigable adverse impact’’
on the subsistence uses of the affected
marine mammal species or stocks by
Alaskan Natives. NMFS has defined
‘‘unmitigable adverse impact’’ in 50 CFR
216.103 as an impact resulting from the
specified activity: (1) That is likely to
reduce the availability of the species to
a level insufficient for a harvest to meet
subsistence needs by: (i) Causing the
marine mammals to abandon or avoid
hunting areas; (ii) Directly displacing
subsistence users; or (iii) Placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
The Alutiiq and Eyak people of Prince
William Sound traditionally harvested
marine mammals, however the last
recorded harvest of marine mammals in
Whittier was in 1990, where it was
reported that seven marine mammals
were harvested (ADF&G 2022b). Other
Prince William Sound coastal
communities such as Cordova, Chenega,
and Tatitlek report recent subsistence
harvest or use of marine mammals. The
most recent report of harbor seal and
Steller sea lion harvest was reported in
Tatitlek in 2014 (ADF&G 2022b).
Subsistence hunters in Prince William
Sound report having to travel farther
from their home communities to be
successful when harvesting marine
mammals (Keating et al. 2020).
However, their range was not reported
to extend into Passage Canal, as all three
communities are located at least 60
miles away by boat (Fall and
Zimpelman 2016). The planned project
is not likely to adversely impact the
availability of any marine mammal
species or stocks that are commonly
used for subsistence purposes or to
impact subsistence harvest of marine
mammals in the region because:
• Construction activities are localized
and temporary;
• Mitigation measures will be
implemented to minimize disturbance
of marine mammals in the action area;
and,
E:\FR\FM\04APN1.SGM
04APN1
19940
Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Notices
• The project will not result in
significant changes to availability of
subsistence resources.
Based on the description of the
specified activity, the measures
described to minimize adverse effects
on the availability of marine mammals
for subsistence purposes, and the
mitigation and monitoring measures,
NMFS has determined that there will
not be an unmitigable adverse impact on
subsistence uses from TMC’s planned
activities.
ddrumheller on DSK120RN23PROD with NOTICES1
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species, in
this case with the Alaska Regional
Office.
NMFS is authorizing take of Western
U.S. Steller Sea Lion, Western North
Pacific Humpback whale, and the
California/Oregon/Washington
Humpback whale, which are listed
under the ESA.
The Permit and Conservation Division
completed a Section 7 consultation with
the Alaska Regional Office for the
issuance of this IHA. The Alaska
Regional Office’s biological opinion
states that the action is not likely to
jeopardize the continued existence of
the listed species.
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
determined that the issuance of the IHA
VerDate Sep<11>2014
19:41 Apr 03, 2023
Jkt 259001
qualifies to be categorically excluded
from further NEPA review.
Control Working Group on June 7, 2023.
The working group will review
proposed changes to NAVSTAR GPS
Authorization
public document ICD–GPS–870 (Control
As a result of these determinations,
Segment (OCX) to User Support
NMFS issues an IHA to TMC for
Interface), as well as familiarize GPS
conducting Whittier head of the Bay
users with new GPS (XML based) data
Cruise Ship Dock project in Whittier,
products and a conversion tool
Alaska, provided the previously
associated with the upcoming fielding
mentioned mitigation, monitoring, and
of the Next Generation Operational
reporting requirements are incorporated. Control System (OCX). Additional
The IHA can be found at: https://
details can be found below.
www.fisheries.noaa.gov/action/
DATES: Open to the public Wednesday,
incidental-take-authorization-turnagain- June 7, 2023, from 08:30 a.m. to 12:30
marine-constructions-cruise-dockp.m. (Pacific Time).
construction.
ADDRESSES: This virtual meeting can be
accessed via the following dial-in
Dated: March 29, 2023.
numbers and links:
Catherine Marzin,
Primary Dial In: +1 (571) 200–1700,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service. Meeting ID: 161 531 3774#, Passcode:
771952#.
[FR Doc. 2023–06895 Filed 4–3–23; 8:45 am]
Primary Screen Share URL: https://
BILLING CODE 3510–22–P
saicwebconferencing.zoomgov.com/j/
1615313774.
Backup Dial In: +1 (410) 874–6740,
CONSUMER PRODUCT SAFETY
Meeting ID: 614 293 598#.
COMMISSION
Backup Screen Share URL: https://
dod.teams.microsoft.us/l/meetup-join/
Sunshine Act Meetings
19%3adod%3ameeting_
32e070b7f0624011
TIME AND DATE: Wednesday, April 5,
a1457fdf1f9daad8%40thread.v2/
2023; 10:30 a.m.
0?context=%7b%22Tid%22%3a%
PLACE: The meeting will be held
228331b18d-2d87-48ef-a35fvirtually and in person at Bethesda, MD. ac8818ebf9b4%22%2c%22Oid%22%3a
STATUS: Commission Meeting—Closed
%2221883ab7-1eb2-4341-a69fto the Public.
55e4192694f8%22%7d.
MATTERS TO BE CONSIDERED: Briefing
FOR FURTHER INFORMATION CONTACT:
Matter.
Please email SSC.CGEP.workflow@
CONTACT PERSON FOR MORE INFORMATION: us.af.mil and/or contact Captain
Alberta E. Mills, Office of the Secretary, Andrew Sweeten at 310–653–9603 or
U.S. Consumer Product Safety
Mr. Daniel Godwin at 310–653–2329.
Commission, 4330 East West Highway,
SUPPLEMENTARY INFORMATION: The
Bethesda, MD 20814, 301–504–7479
purpose of this meeting is to update the
(Office) or 240–863–8938 (Cell).
public on proposed GPS public
document changes, collect issues/
Dated: March 30, 2023.
comments for analysis and adjudicate
Alberta E. Mills,
subject comments for possible
Commission Secretary.
incorporation into future GPS public
[FR Doc. 2023–07032 Filed 3–31–23; 11:15 am]
document revisions. When OCX is
BILLING CODE 6355–01–P
fielded, the current (5) plain text data
products (as defined in ICD–GPS–240)
will be replaced by (4) XML based data
DEPARTMENT OF DEFENSE
products. These products include the
GPS Advisory, GPS Advisory
Department of the Air Force
Collection, Ops Status, and the Public
Common Almanac. The subject meeting
Notice of 2023 Out-of-Cycle Public
will also present a conversion tool and
Interface Control Working Group for
other information necessary for GPS
Navstar GPS Public Documents
users to access the new product formats
AGENCY: Department of the Air Force,
and ensure backwards compatibility.
Department of Defense.
The out-of-cycle 2023 Public Interface
Control Working Group is open to the
ACTION: Meeting notice.
general public.
Comments to the proposed changes
SUMMARY: This notice informs the public
will be collected, catalogued, and
that the Space Systems Command,
Military Communications & Positioning, adjudicated for potential inclusion. If
Navigation, Timing Directorate will host accepted, these changes will be
processed through the government
an out-of-cycle 2023 Public Interface
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19927-19940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06895]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC802]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Whittier Head of the Bay Cruise
Ship Dock Project in Whittier, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
Turnagain Marine Construction (TMC) to incidentally harass marine
mammals during construction associated with the Whittier Head of the
Bay cruise ship dock project in Whittier, Alaska.
DATES: This authorization is effective from April 1, 2023, through
March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-cruise-dock-construction. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are proposed or, if the taking is limited to harassment, a notice of a
proposed IHA 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 the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
Summary of Request
On September 16, 2022, NMFS received a request from TMC for an IHA
to take marine mammals incidental to the construction of the cruise
ship dock in Whittier, Alaska. Following NMFS' review of the
application, TMC provided further information on October 26, 2022, a
revised application on January 9, 2023, and the application was deemed
adequate and complete on January 10, 2023. Subsequently, TMC submitted
an additional update to its application on February 3, 2023. The
proposed IHA published for public comment on February 13, 2023 (88 FR
9227). TMC's request is for take of five species of marine mammals by
Level B harassment and, for a subset of two species, Level A
harassment. Neither TMC, nor NMFS expect serious injury or mortality to
result from this activity and, therefore, an IHA is appropriate.
Description of Activity
TMC plans to construct the Whittier Head of the Bay cruise ship
dock project in the Passage Canal in Whittier, Alaska. The planned
project will cover a 12-month window during which approximately 129
days of pile-installation and -removal activity will occur. This
project involves installation and removal of seventy-two 36-inch (in)
(0.91-meter (m)) temporary steel pile guides and installation of
thirty-six 36-in (0.91-m), sixteen 42-in (1.1-m), and twenty 48-in
(1.2-m) permanent steel piles. Three different installation methods
will be used including vibratory installation of piles into dense
material, impact pile driving to drive piling to tip elevation, and the
Down-the-Hole (DTH) hammer to drill pile into the bedrock. TMC will
deploy a bubble curtain to the 60-foot (ft) (18.3-m) isobath. This will
be used during all activities that fall below the 60-ft (18.3-m)
isobath. Sounds resulting from pile installation, removal, and drilling
may result in the incidental take of marine mammals by Level A and
Level B harassment in the form of auditory injury or behavioral
harassment.
A further detailed description of the planned construction project
is provided in the Federal Register notice for the proposed IHA (88 FR
9777, February 13, 2023). Since that time, no changes have been made to
the planned activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specified activity. Mitigation, monitoring, and
reporting measures are described in detail later in this document
(please see Mitigation and Monitoring and Reporting).
Comments and Responses
A notice of NMFS' proposal to issue an IHA to TMC was published in
the Federal Register on February 13, 2023 (88 FR 9777). That notice
described, in detail, TMC's activity, the marine mammal species that
may be affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, no public comments
were received.
Changes From the Proposed IHA to Final IHA
Changes were made between publication of the notice of proposed IHA
and this notice of final IHA. Changes have been made to correct
typographical errors to Tables 4, 5, and 8 in the proposed Federal
Register notice; however, the proposed IHA at the time of publishing
was correct. Additionally, text regarding a 35-m
[[Page 19928]]
(114.83-ft) minimum shutdown zone was removed and replaced with the
applicant's specified minimum shutdown zones that reflects the zones
included in Table 8. Lastly, reasoning for the killer whale take
calculation and shutdown zones for impact pile driving was included to
correctly reflect what was included in the proposed notice.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of the potentially affected species. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, incorporated here by reference, instead of
reprinting the information. Additional information regarding population
trends and threats may be found in NMFS' Stock Assessment Reports
(SARs; www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these
species (e.g., physical and behavioral descriptions) may be found on
NMFS' website (https://www.fisheries.noaa.gov/find-species).
Table 1 lists all species or stocks for which take is expected and
authorized for this activity, and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species or
stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All stocks managed under the MMPA in this region
are assessed in NMFS' U.S. 2021 SARs (e.g., Muto et al., 2021) and the
draft 2022 SARs (e.g., Young et al., 2022). All values presented in
Table 1 are the most recent available at the time of publication and
are available online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments).
Table 1--Species Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balae nopteridae (rorquals):
Humpback whale...................... Megaptera novaeanglinae Central North Pacific -,D,Y 10,103 (0.3, 7,890, 83 26
Stock. 2006).
....................... Western North Pacific E,D,Y 1,107 (0.3, 865, 2006) 3 2.8
California/Oregon/ T,D,Y 4,973 (0.05, 4,776, 28.7 48.3
Washington. 2018).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
Killer whale........................ Orca orcinus........... Alaska Resident........ -,-,N 1,920 (N/A, 1,920, 19 1.3
2019).
Gulf of Alaska/Aleutian -,-,N 587 (N/A, 587, 2012).. 5.9 0.8
Islands/Bering Sea
Transient.
AT1 Transient.......... -,D,Y 7 (N/A, 7, 2019)...... 0.01 1
Family Phocoenidae (porpoises):
Dall's porpoise \4\................. Phocoenoides dalli..... Alaska Stock........... -,-,N 15,432 (0.097, 13, 131 37
110, 2021).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
Steller sea lion.................... Eumetopias jubatus..... Western Stock.......... E,D,Y 52,932 (N/A, 52,932, 318 254
2019).
Family Phocidae (earless seals):
Harbor seal......................... Phoca vituline Clarence Strait Stock.. -,-,N 27,659 (N/A, 24,854, 746 40
richardii. 2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
with estimated mortality due to commercial fisheries is presented in some cases.
\4\ Previous abundance estimates covering the entire stock's range are no longer considered reliable and the current estimates presented in the SARs and
reported here only cover a portion of the stock's range. Therefore, the calculated Nmin and PBR is based on the 2015 survey of only a small portion of
the stock's range. PBR is considered to be biased low since it is based on the whole stock whereas the estimate of mortality and serious injury is for
the entire stock's range.
[[Page 19929]]
On January 24, 2023, NMFS published the draft 2022 SARs (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region). The Alaska and Pacific Ocean SARs
include a proposed update to the humpback whale stock structure. The
new structure, if finalized, would modify the MMPA-designated stocks to
align more closely with the ESA-designated Distinct Population Segments
(DPS). Please refer to the draft 2022 Alaska and Pacific Ocean SARs for
additional information.
NMFS Office of Protected Resources, Permits and Conservation
Division has generally considered peer-reviewed data in draft SARs
(relative to data provided in the most recent final SARs), when
available, as the best available science, and has done so here for all
species and stocks, with the exception of a new proposal to revise
humpback whale stock structure. Given that the proposed changes to the
humpback whale stock structure involve application of NMFS' Guidance
for Assessing Marine Mammals Stocks and could be revised following
consideration of public comments, it is more appropriate to conduct our
analysis in this authorization based on the status quo stock structure
identified in the most recent final SARs (2021; Muto et al., 2022).
As indicated above, all five species (with eight managed stocks) in
Table 1 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur, and we have authorized
it. All species that could potentially occur in the planned project
areas are included in Table 1 of the IHA application. While some
species have been reported in or near the area, it is very rare, and
the temporal and/or spatial occurrence of these species is more likely
outside of the Passage Canal and outside of the harassment zones.
Therefore, given this information take is not expected to occur and
they are not discussed further beyond the explanation provided here.
A detailed description of the species likely to be affected by
TMC's construction project, including brief introductions to the
species and relevant stocks as well as available information regarding
population trends and threats, and information regarding local
occurrence, were provided in the Federal Register notice for the
proposed IHA (88 FR 9777, February 13, 2023); since that time, we are
not aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to the NMFS website (https://www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Note that no direct measurements of
hearing ability have been successfully completed for mysticetes (i.e.,
low-frequency cetaceans). Subsequently, NMFS (2018) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65
decibel (dB) threshold from the normalized composite audiograms, with
the exception for lower limits for low-frequency cetaceans where the
lower bound was deemed to be biologically implausible and the lower
bound from Southall et al. (2007) retained. Marine mammal hearing
groups and their associated hearing ranges are provided in Table 2.
Table 2--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 35 kHz.
whales).
Mid-frequency (MF) cetaceans (dolphins, 150 Hz to 160 kHz.
toothed whales, beaked whales, bottlenose
whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus cruciger
& L. australis).
Phocid pinnipeds (PW) (underwater) (true 50 Hz to 86 kHz.
seals).
Otariid pinnipeds (OW) (underwater) (sea 60 Hz to 39 kHz.
lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from the TMC's pile driving
activities have the potential to result in behavioral harassment of
marine mammals in the vicinity of the project area. The notice of the
proposed IHA (88 FR 9777, February 13, 2023) included a discussion of
the effects of anthropogenic noise on marine mammals and the potential
effects of underwater noise from the TMC's pile driving activities on
marine mammals and their habitat. That information and analysis is
incorporated by reference into this final IHA determination and is not
repeated here; please refer to the notice of the proposed IHA (88 FR
9777, February 13, 2023).
[[Page 19930]]
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform both NMFS' consideration
of ``small numbers,'' and the negligible impact determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes will primarily be by Level B harassment, as use of
the acoustic sources (i.e., vibratory or impact pile driving and DTH)
has the potential to result in disruption of behavioral patterns for
individual marine mammals. There is also some potential for auditory
injury (Level A harassment) to result for Dall's porpoise and harbor
seals, due to the cryptic nature of these species in the context of
large predicted auditory injury zones. Auditory injury is unlikely to
occur for low- and mid-frequency species and otariids, based on the
likelihood of the species in the action area, the ability to monitor
the entire smaller shutdown zone, and because of the expected ease of
detection for the former groups. The mitigation and monitoring measures
are expected to minimize the severity of the taking to the extent
practicable.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the take estimates.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur Permanent Threshold Shift (PTS) of some
degree (equated to Level A harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. Generally speaking, Level B harassment take
estimates based on these behavioral harassment thresholds are expected
to include any likely takes by Temporary Threshold Shift (TTS) as, in
most cases, the likelihood of TTS occurs at distances from the source
less than those at which behavioral harassment is likely. TTS of a
sufficient degree can manifest as behavioral harassment, as reduced
hearing sensitivity and the potential reduced opportunities to detect
important signals (conspecific communication, predators, prey) may
result in changes in behavior patterns that would not otherwise occur.
TMC's activity includes the use of continuous (vibratory hammer and
DTH) and impulsive (DTH and impact pile-driving) sources, and therefore
the 120 and 160 dB re 1 [mu]Pa (rms) thresholds are applicable.
Level A harassment--NMFS' Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0)
(Technical Guidance, 2018) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive). TMC's
activity includes the use of impulsive (impact pile-driving and DTH)
and non-impulsive (vibratory hammer and DTH) sources.
These thresholds are provided in the table below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS' 2018 Technical Guidance, which may be accessed at:
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds \*\ (received level)
----------------------------------------------------------------------------------------------------------------
Hearing group Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
[[Page 19931]]
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to reflect American
National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as
incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
exceeded.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
The sound field in the project area is the existing background
noise plus additional construction noise from the planned project.
Marine mammals are expected to be affected via sound generated by the
primary components of the project (i.e., impact pile driving, vibratory
pile driving and removal, and DTH).
In order to calculate distances to the Level A harassment and Level
B harassment thresholds for the methods and piles being used in this
project, NMFS used acoustic monitoring data from other locations to
develop source levels for the various pile types, sizes, and methods
(Table 4). Additionally, a bubble curtain will be deployed at a depth
of 60-ft (18.3-m) and will be used during all activities that fall
within the 60-ft (18.3-m) isobath. Therefore, a 5 dB reduction is
applied to the estimated sound source levels for driving these piles
only (Caltrans, 2020).
Table 4--Observed Source Levels for Pile Installation and Removal
----------------------------------------------------------------------------------------------------------------
Pile size, method SPL (dB) SEL (dB) Reference
----------------------------------------------------------------------------------------------------------------
Bubble Curtain in use (depths of 60 ft or less)
----------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory 161 RMS **............... ........................ U.S. Navy 2015.
Installation (temporary).
36-in steel pile, Vibratory 161 RMS **............... ........................ U.S. Navy 2015.
Removal (temporary).
36-in steel pile, DTH 169 RMS **............... 159 SEL **.............. Denes et al., 2019; Guan
Installation (temporary) *. and Miner, 2020; Reyff
and Heyvaert, 2019;
Reyff, 2020; Heyvaert
and Reyff, 2021.
36-in steel pile, Vibratory 161 RMS **............... ........................ U.S. Navy 2015.
Installation (permanent).
36-in steel pile, Impact 187 RMS **............... 179 SEL **.............. U.S. Navy 2015.
Installation (permanent).
36-in steel pile, DTH 169 RMS **............... 159 SEL **.............. Denes et al., 2019; Guan
Installation (permanent) *. and Miner, 2020; Reyff
and Heyvaert, 2019;
Reyff, 2020; Heyvaert
and Reyff, 2021.
----------------------------------------------------------------------------------------------------------------
No Bubble Curtain (depths greater than 60 ft)
----------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory 166 RMS.................. ........................ U.S. Navy 2015.
Installation (temporary).
36-in steel pile, Vibratory 166 RMS.................. ........................ U.S. Navy 2015.
Removal (temporary).
42-in steel pile, Vibratory 168.2 RMS................ ........................ Austin et al. 2016.
Installation.
48-in steel pile, Vibratory 168.2 RMS................ ........................ Austin et al. 2016.
Installation.
42-in steel pile, Impact 198.6 RMS................ 186.7 SEL............... Austin et al. 2016.
Installation.
48-in steel pile, Impact 198.6 RMS................ 186.7 SEL............... Austin et al. 2016.
Installation.
36-in steel pile, DTH 174 RMS.................. 164 SEL................. Denes et al., 2019; Guan
Installation (temporary). and Miner, 2020; Reyff
and Heyvaert, 2019;
Reyff, 2020; Heyvaert
and Reyff, 2021.
42-in steel pile, DTH 174 RMS.................. 164 SEL................. Denes et al., 2019; Guan
Installation *. and Miner, 2020; Reyff
and Heyvaert, 2019;
Reyff, 2020; Heyvaert
and Reyff, 2021.
48-in steel pile, DTH 174 RMS.................. 171 SEL................. Denes et al., 2019; Guan
Installation *. and Miner, 2020; Reyff
and Heyvaert, 2019;
Reyff, 2020; Heyvaert
and Reyff, 2021.
----------------------------------------------------------------------------------------------------------------
Note: SELss = single strike sound exposure level; RMS = root mean square.
* Source levels here differ from those used in TMC's application as NMFS has updated their acoustic guidance on
DTH, resulting in larger Level B harassment SPLs. (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance#other-nmfs-acoustic-thresholds-and-tools).
** Attenuated source levels with 5dB reduction due to use of a bubble curtain during these activities (Caltrans,
2020; Austin et al., 2016).
NMFS recommends treating DTH systems as both impulsive and
continuous, non-impulsive sound source types simultaneously. Thus,
impulsive thresholds are used to evaluate Level A harassment, and
continuous thresholds are used to evaluate Level B harassment. With
regards to DTH mono-hammers, NMFS recommends proxy levels for Level A
harassment based on available data regarding DTH systems of similar
sized piles and holes (Denes et al., 2019; Guan and Miner, 2020; Reyff
and Heyvaert, 2019; Reyff, 2020; Heyvaert and Reyff, 2021).
Level B Harassment Zones
Transmission loss (TL) is the decrease in acoustic intensity as an
acoustic pressure wave propagates out from a source. TL parameters vary
with frequency, temperature, sea conditions, current, source and
receiver depth, water depth, water chemistry, and bottom composition
and topography. The general formula for underwater TL is:
TL = B * log10 (R1/R2),
Where:
TL = transmission loss in dB
B = transmission loss coefficient; for practical spreading equals 15
R1 = the distance of the modeled SPL from the driven
pile, and
R2 = the distance from the driven pile of the initial
measurement.
The recommended TL coefficient for most nearshore environments is
the practical spreading value of 15. This value results in an expected
propagation environment that lies between spherical and cylindrical
spreading loss conditions, which is the most appropriate assumption for
TMC's planned activities. The Level B harassment zones and areas of
zones of
[[Page 19932]]
influence (ZOIs) for the planned activities are shown in Table 5.
Level A Harassment Zones
The ensonified area associated with Level A harassment is more
technically challenging to predict due to the need to account for a
duration component. Therefore, NMFS developed an optional User
Spreadsheet tool to accompany the Technical Guidance that can be used
to relatively simply predict an isopleth distance for use in
conjunction with marine mammal density or occurrence to help predict
potential takes. We note that because of some of the assumptions
included in the methods underlying this optional tool, we anticipate
that the resulting isopleth estimates are typically going to be
overestimates of some degree, which may result in an overestimate of
potential take by Level A harassment. However, this optional tool
offers the best way to estimate isopleth distances when more
sophisticated modeling methods are not available or practical. For
stationary sources, such as pile installation or removal, the optional
User Spreadsheet tool predicts the distance at which, if a marine
mammal remained at that distance for the duration of the activity, it
would be expected to incur PTS. The isopleths generated by the User
Spreadsheet used the same TL coefficient as the Level B harassment zone
calculations (i.e., the practical spreading value of 15). Inputs used
in the User Spreadsheet (e.g., number of piles per day, duration and/or
strikes per pile) are presented in Table 1 of the notice of the
proposed IHA (88 FR 9777, February 13, 2023). The maximum RMS SPL, SEL,
and resulting isopleths are reported in Table 4 and 5.
Table 5--Level A and Level B Harassment Isopleths for Pile Driving Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment zone (m) Level B
Activity -------------------------------------------------------------------------------- harassment
LF cetacean MF cetacean HF cetacean Phocids Otariids zone (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bubble Curtain in use (depths of 60 ft or less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory Installation (temporary).... 5.2 0.5 7.7 3.2 0.2 5,412
36-in steel pile, Vibratory Removal (temporary)......... 5.2 0.5 7.7 3.2 0.2 5,412
36-in steel pile, DTH Installation (temporary).......... 681.1 24.5 820.9 368.8 26.9 * 18,479
36-in steel pile, Vibratory Installation (permanent).... 6.8 0.6 10.1 4.2 0.3 5,412
36-in steel pile, Impact Installation (permanent)....... 2,015.1 71.7 2,400.3 1,078.4 78.5 631
36-in steel pile, DTH Installation (permanent) *........ 799.7 28.4 952.6 428 31.2 * 18,479
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Bubble Curtain (depths greater than 60 ft)
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory Installation (temporary).... 11.2 1 16.6 6.8 .05 11,659
36-in steel pile, Vibratory Removal (temporary)......... 11.2 1 16.6 6.8 .05 11,659
42-in steel pile, Vibratory Installation................ 20.6 1.8 30.5 12.5 0.9 16,343
48-in steel pile, Vibratory Installation................ 13 1.2 19.2 7.9 0.6 16,343
42-in steel pile, Impact Installation................... 6,570.9 233.7 7,827 3,516.4 256 3,744
48-in steel pile, Impact Installation................... 5,014.6 178.4 5,973.1 2,683.6 195.4 3,744
36-in steel pile, DTH Installation (temporary).......... 1,484.7 52.8 1,768.5 794.6 57.9 * 39,811
42-in steel pile, DTH Installation *.................... 1,722.9 61.3 2,052.2 922 67.1 * 39,811
48-in steel pile, DTH Installation *.................... 5,045.7 179.5 6,010.2 2,700.2 196.6 * 39,811
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Differs from TMC's application due to difference in source level use. See Table 4.
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including presence, local knowledge, group dynamics, or
other relevant information, that will inform the take calculations. We
also describe how the information provided above is brought together to
produce a quantitative take estimate.
Available information regarding marine mammal occurrence and
abundance in the vicinity of the Passage Canal includes local
knowledge, previous marine construction projects in the Whittier area,
and available scientific literature. A summary of authorized take is in
Table 7. To accurately describe species occurrence near the action
area, marine mammals were described as either common or infrequent.
To obtain more accurate estimates of potential take by Level B
harassment, TMC estimated an hourly occurrence probability of each
marine mammal species in the action area rather than a weekly or daily
estimation, since pile driving activities will not occur over an entire
day, but rather over a certain number of hours. Occurrence probability
estimates are based on conservative density approximations for each
species and factor in historic data of occurrence, seasonality, and
group size in the Passage Canal and/or nearby Prince William Sound.
Assumptions for these hourly estimations were that common species
(Steller sea lion, harbor seal) would have two group sightings per day
in the Passage Canal, and infrequent species would have three group
sightings per week in the Passage Canal, or slightly fewer than one
group sighting every two days (Table 6). In these estimations, a
sighting does not equal one animal; a sighting equals one group of each
particular species or stock. To standardize observation estimates
across species, these numbers were distilled
[[Page 19933]]
down to obtain the hourly occurrence probability for each species.
Additionally, one day was equated to 12 hours rather than 24 hours to
obtain a rough estimate of observations during daylight hours when pile
driving and project activities will occur, and to obtain more
conservative estimates of species occurrence. TMC states that this
hourly estimate provides a more accurate representation of actual
possible takes in Passage Bay.
Table 6--Estimated Occurrence of Group Sighting of Marine Mammals
----------------------------------------------------------------------------------------------------------------
Group sighting occurrence estimate
Species occurrence in the action area -----------------------------------------------
Weekly Daily Hourly
----------------------------------------------------------------------------------------------------------------
Common (Steller sea lion, harbor seal).......................... 14 2 0.17
Infrequent (humpback whale, Dall's porpoise, killer whale)...... 3 0.5 0.04
----------------------------------------------------------------------------------------------------------------
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur and authorized.
Take was estimated using the hourly occurrence probability for each
species, which was multiplied by the estimated group size and by the
number of hours of each type of pile driving activity for total take
estimate.
For species infrequently seen in Passage Canal (humpback whale,
Dall's porpoise, and killer whale) and rarely seen close to the project
location, only hours of pile driving for DTH and vibratory driving were
used to calculate these species take estimates. Impact pile driving was
excluded from these analyses because the Level A harassment isopleth
was larger than the Level B harassment isopleth for low- and high-
frequency cetaceans, and therefore construction will be shut down
before they approach the Level B harassment zone. However, for killer
whales, impact pile driving was excluded because killer whales are an
infrequent visitor to Passage Canal and often highly visible. For
impact pile driving, TMC will conservatively apply thresholds for high
frequency cetaceans to killer whales. This precautionary measure will
reduce potential impacts to the highly vulnerable AT-1 killer whale
stock that is found in this region should they enter the Passage Canal
during the in-water work period.
Take by Level A harassment is also requested for Dall's porpoise
and harbor seals given their frequency in the action area, the large
Level A harassment zones for HF cetaceans and phocids, the possibility
they may not be seen in the water before pile driving could be shut
down, and the fact that Level A harassment isopleths for certain pile
driving activities extend to Whittier Seafood's outfall, a known marine
mammal foraging area.
The take calculations for Level A harassment are based on the
occurrence estimate for the species in the largest Level B harassment
zone (16,343 meters) reduced by a factor for each smaller Level A
harassment isopleth. While NMFS updated the DTH source levels,
resulting in DTH having the largest Level B harassment isopleth, the
shoreline is limited in Passage Canal and the largest practical Level B
harassment isopleth is the one used by TMC for the original calculation
of take by Level A harassment. Therefore, the updated DTH values do not
impact the take calculation. The Level A harassment isopleth for each
species and specific activity was divided by the largest Level B
harassment isopleth (16,343 m), giving a species multiplier per hour
for occurrence in the smaller Level A harassment isopleth. This was
multiplied by the number of hours of the specific activity type, giving
the estimate for take by Level A harassment during that activity. For
example, the Level A harassment isopleth for phocid pinnipeds during
impact pile driving of 36-in steel piles is 2,323 meters, so Level B
harassment estimates are multiplied by a factor of 0.14 (2,323/16,343 =
0.14) to estimate take in the Level A harassment zone. All take by
Level A harassment was conservatively calculated using isopleths from
unattenuated source levels. Take by Level B harassment was calculated
based on occurrence estimates for the area encompassed by the largest
isopleth generated by unattenuated source levels (i.e., all of Passage
Canal).
Additionally, the shutdown zone for phocid pinnipeds was decreased
compared to the calculated zone for pile driving activities that
encompassed the public boat harbor approximately 1,500 meters away due
to the possibility of harbor seals using the area as a haulout. The
shutdown zone was reduced to 1,360-m for impact pile driving 42- and
48-in pile sizes and DTH drilling of 48-in piles and the calculated
take by Level A harassment has been doubled for this species.
Table 7--Authorized Amount of Taking and Percent of Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Take by Level Take by Level Percent of
Species Stock group size A harassment B harassment Total take stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale................................ Hawaii DPS....................... 2.4 0 22 22 <1
WNP DPS.......................... ........... 0 1 1 <1
Mexico DPS....................... ........... 0 2 2 <1
Dall's Porpoise............................... Alaska........................... 4.3 9 36 45 <1
Killer Whale *................................ Alaska Resident.................. 14 0 116 116 6
GOA/Aleutian Islands/Bering Sea ........... 0 29 29 4.9
Transient.
Harbor Seal................................... Prince William Sound............. 3.5 40 170 210 <1
Steller Sea Lion.............................. Western U.S...................... 4 0 218 218 <1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* AT-1 transient stock take calculation resulted in 0 takes, therefore no takes were requested or are authorized.
[[Page 19934]]
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses. NMFS regulations require applicants for incidental
take authorizations to include information about the availability and
feasibility (economic and technological) of equipment, methods, and
manner of conducting the activity or other means of effecting the least
practicable adverse impact upon the affected species or stocks, and
their habitat (50 CFR 216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat, as
well as subsistence uses. This considers the nature of the potential
adverse impact being mitigated (likelihood, scope, range). It further
considers the likelihood that the measure will be effective if
implemented (probability of accomplishing the mitigating result if
implemented as planned), the likelihood of effective implementation
(probability implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, and impact on
operations.
Mitigation Measures
TMC must follow mitigation measures as specified below:
Ensure that construction supervisors and crews, the
monitoring team, and relevant TMC staff are trained prior to the start
of all pile driving and DTH activity, so that responsibilities,
communication procedures, monitoring protocols, and operational
procedures are clearly understood. New personnel joining during the
project must be trained prior to commencing work;
Employ Protected Species Observers (PSOs) and establish
monitoring locations as described in the application, the Marine Mammal
Monitoring Plan, and the IHA. The Holder must monitor the project area
to the maximum extent possible based on the required number of PSOs,
required monitoring locations, and environmental conditions. For all
pile driving and removal at least one PSO must be used. The PSO will be
stationed as close to the activity as possible;
The placement of the PSOs during all pile driving and
removal and DTH activities will ensure that the entire shutdown zone is
visible during pile installation. Should environmental conditions
deteriorate such that marine mammals within the entire shutdown zone
will not be visible (e.g., fog, heavy rain), pile driving and removal
must be delayed until the PSO is confident marine mammals within the
shutdown zone could be detected;
Monitoring must take place from 30 minutes prior to
initiation of pile driving or DTH activity (i.e., pre-clearance
monitoring) through 30 minutes post-completion of pile driving or DTH
activity;
Pre-start clearance monitoring must be conducted during
periods of visibility sufficient for the lead PSO to determine that the
shutdown zones indicated in Table 8 are clear of marine mammals. Pile
driving and DTH may commence following 30 minutes of observation when
the determination is made that the shutdown zones are clear of marine
mammals;
TMC must use soft start techniques when impact pile
driving. Soft start requires contractors to provide an initial set of
three strikes at reduced energy, followed by a 30-second waiting
period, then two subsequent reduced-energy strike sets. A soft start
must be implemented at the start of each day's impact pile driving and
at any time following cessation of impact pile driving for a period of
30 minutes or longer; and
If a marine mammal is observed entering or within the
shutdown zones indicated in Table 8, pile driving and DTH must be
delayed or halted. If pile driving is delayed or halted due to the
presence of a marine mammal, the activity may not commence or resume
until either the animal has voluntarily exited and been visually
confirmed beyond the shutdown zone (Table 8) or 15 minutes have passed
without re-detection of the animal;
As planned by the applicant, in water activities will take
place only between civil dawn and civil dusk when PSOs can effectively
monitor for the presence of marine mammals; during conditions with a
Beaufort Sea State of 4 or less; when the entire shutdown zone and
adjacent waters are visible (e.g., monitoring effectiveness in not
reduced due to rain, fog, snow, etc.). Pile driving may continue for up
to 30 minutes after sunset during evening civil twilight, as necessary
to secure a pile for safety prior to demobilization during this time.
The length of the post-activity monitoring period may be reduced if
darkness precludes visibility of the shutdown and monitoring zones.
Shutdown Zones
TMC will establish shutdown zones for all pile driving activities.
The purpose of a shutdown zone is generally to define an area within
which shutdown of the activity will occur upon sighting of a marine
mammal (or in anticipation of an animal entering the defined area).
Shutdown zones will be based upon the Level A harassment zone for each
pile size/type and driving method where applicable, as shown in Table
8.
TMC will apply a minimum shutdown zone of 10-m for all pile driving
related activities using a bubble curtain. For pile driving related
activities without a bubble curtain, the minimum shutdown zone for
cetaceans is 35-m and for pinnipeds is 15-m.
Further, there will be a nominal 10-m shutdown zone for
construction activity where acoustic injury is not the primary concern.
This type of work could include (but is not limited to) the following
activities: movement of the barge to the pile location; positioning of
the pile on the substrate via a crane (i.e., stabbing the pile); and
removal of the pile from the water column/substrate via a crane (i.e.,
deadpull). This 10-m zone applies for physical safety of marine mammals
to prevent interaction with equipment. If an activity is delayed or
halted due to the presence of a marine mammal, the activity may not
commence or resume until either the animal has voluntarily exited and
been visually confirmed beyond the shutdown zone indicated in Table 8
or 15 minutes have passed without re-detection of the animal.
Construction activities must be halted upon observation of a species
for which incidental take is not authorized or a species for which
incidental take has been authorized but the authorized number of takes
has been met entering or within the harassment zone.
All marine mammals will be monitored in the Level B harassment
zones and throughout the area as far as visual monitoring can take
place. If a marine mammal enters the Level B harassment zone, in-water
activities will continue and the animal's presence within the estimated
harassment zone will be documented.
[[Page 19935]]
TMC will also establish shutdown zones for all marine mammals for
which take has not been authorized or for which incidental take has
been authorized but the authorized number of takes has been met. These
zones are equivalent to the Level B harassment zones for each activity.
If a marine mammal species not covered under this IHA enters the
shutdown zone, all in-water activities will cease until the animal
leaves the zone or has not been observed for at least 1 hour, and NMFS
will be notified about species and precautions taken. Pile removal will
proceed if the non-authorized species is observed to leave the Level B
harassment zone or if 1 hour has passed since the last observation.
If shutdown and/or clearance procedures will result in an imminent
safety concern, as determined by TMC or its designated officials, the
in-water activity will be allowed to continue until the safety concern
has been addressed, and the animal will be continuously monitored.
Table 8--Shutdown Zones and Monitoring Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum shutdown zone
---------------------------------------------------------------------------------- Harassment
Activity Low-frequency (LF) Mid-frequency (MF) High-frequency zone
cetaceans cetaceans (HF) cetaceans Phocid Otariid
--------------------------------------------------------------------------------------------------------------------------------------------------------
Barge movements, pile positioning, etc................ 10 10 10 10 10 ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bubble Curtain in use (depths of 60-ft or less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory Installation (temporary).. 10 10 10 10 10 5,415
36-in steel pile, Vibratory Removal (temporary)....... 10 10 10 10 10 5,415
36-in steel pile, DTH Installation (temporary)........ 700 35 825 370 35 ** 16,345
36-in steel pile, Vibratory Installation (permanent).. 10 10 10 10 10 5,415
36-in steel pile, Impact Installation (permanent)..... 2,055 \1\ 80 2,400 1,100 80 635
36-in steel pile, DTH Installation (permanent)........ 800 35 1,000 430 35 ** 16,345
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Bubble Curtain (depths greater than 60-ft)
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in steel pile, Vibratory Installation (temporary).. 35 35 35 15 15 11,660
36-in steel pile, Vibratory Removal (temporary)....... 35 35 35 15 15 11,660
42-in steel pile, Vibratory Installation.............. 35 35 35 15 15 16,345
48-in steel pile, Vibratory Installation.............. 35 35 35 15 15 16,345
42-in steel pile, Impact Installation................. 6,575 \1\ 260 7,830 * 1,360 260 3,745
48-in steel pile, Impact Installation................. 5,015 \1\ 200 5,975 * 1,360 200 3,745
36-in steel pile, DTH Installation (temporary)........ 1,485 70 1,770 795 70 ** 16,345
42-in steel pile, DTH Installation.................... 1,770 70 2,055 925 70 ** 16,345
48-in steel pile, DTH Installation.................... 5,050 200 6,015 * 1,360 200 ** 16,345
--------------------------------------------------------------------------------------------------------------------------------------------------------
* For phocids (harbor seals) only, the Level A shutdown zone will be reduced to 1,360 m for impact pile driving of 42- and 48-in piles and DTH drilling
of 48-in piles to exclude the Whittier Public Boat Harbor.
** Differs from Table 5 Level B harassment zone for DTH because 18,479-m and 39,811-m extends longer than Passage Canal, so land masses will block sound
transmission and distances will be truncated. It will also be impractical to monitor this whole zone outside of Passage Canal. Instead, DTH monitoring
zone will be the entirety of the Passage Canal and equivalent to the largest Level B harassment zone.
\1\ TMC has elected to conservatively apply thresholds for HF cetaceans to killer whales for impact pile driving. This species is an infrequent visitor
to Passage Canal and is often highly visible, allowing for easier application of more conservative shutdown zones. This measure will reduce potential
impacts to the highly vulnerable AT-1 killer whale stock that is found in this region should they enter Passage Canal during the in-water work period.
Protected Species Observers
The placement of PSOs during all construction activities (described
in the Monitoring and Reporting section) will ensure that the entire
shutdown zone is visible. Should environmental conditions deteriorate
such that the entire shutdown zone would not be visible (e.g., fog,
heavy rain), pile driving will be delayed until the PSO is confident
marine mammals within the shutdown zone could be detected.
PSOs will monitor the full shutdown zones and the remaining Level A
harassment and the Level B harassment zones to the extent practicable.
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 areas outside the shutdown
zones, and thus prepare for a potential cessation of activity should
the animal enter the shutdown zone.
Pre-Activity Monitoring
Prior to the start of daily in-water construction activity, or
whenever a break in pile driving of 30 minutes or longer occurs, 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
[[Page 19936]]
period. If a marine mammal is observed within the shutdown zones listed
in Table 8, pile driving activity will be delayed or halted. If work
ceases for more than 30 minutes, the pre-activity monitoring of the
shutdown zones will commence. A determination that the shutdown zone is
clear must be made during a period of good visibility (i.e., the entire
shutdown zone and surrounding waters must be visible to the naked eye).
Soft-Start Procedures
Soft-start procedures provide additional protection to marine
mammals by providing warning and/or giving marine mammals a chance to
leave the area prior to the hammer operating at full capacity. For
impact pile driving, contractors will be required to provide an initial
set of three strikes from the hammer at reduced energy, followed by a
30-second waiting period, then two subsequent reduced-energy strike
sets. Soft-start will be implemented at the start of each day's impact
pile driving and at any time following cessation of impact pile driving
for a period of 30 minutes or longer.
Bubble Curtain
A bubble curtain must be employed during all pile installation and
removal in depths of 60 ft or less. The bubble curtain must be deployed
in manner guaranteed to distribute air bubbles around 100 percent of
the piling perimeter for the full depth of the water column. The lowest
bubble ring must be in contact with the mudline for the full
circumference of the ring. The weights attached to the bottom ring must
ensure 100 percent mudline contact. No parts of the ring or other
objects may prevent full mudline contact. Air flow to the bubblers must
be balanced around the circumference of the pile.
Based on our evaluation of the applicant's measures, as well as
other measures considered by NMFS, NMFS has determined that the
mitigation measures provide the means effecting the least practicable
impact on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
Mitigation and monitoring effectiveness.
Visual Monitoring
Marine mammal monitoring must be conducted in accordance with the
conditions in this section, the Monitoring Plan, and this IHA. Marine
mammal monitoring during pile driving activities will be conducted by
PSOs meeting NMFS' the following requirements:
Independent PSOs (i.e., not construction personnel) who
have no other assigned tasks during monitoring periods will be used;
At least one PSO will have prior experience performing the
duties of a PSO during construction activity pursuant to a NMFS-issued
incidental take authorization;
Other PSOs may substitute education (degree in biological
science or related field) or training for experience; and
Where a team of three or more PSOs is required, a lead
observer or monitoring coordinator will be designated. The lead
observer will be required to have prior experience working as a marine
mammal observer during construction.
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;
TMC must employ up to four PSOs during all pile driving
and DTH activities. A minimum of two PSOs (including the lead PSO) must
be assigned to the active pile driving or DTH location to monitor the
shutdown zones and as much of the Level B harassment zones as possible.
TMC must establish the following monitoring locations with
the best views of monitoring zones as described in the IHA and Marine
Mammal Monitoring Plan.
Two to four PSOs will be onsite during in-water activities
associated with the Whittier Head of the Bay Cruise Ship Dock Project,
likely stationed in the following locations PSOs will likely be located
at Station 1: stationed just to the south of the site on the shore,
Station 2: stationed off Depot Road near the freight loading dock,
Station 3: stationed along the shoreline northeast of the Emerald Cove
Trailhead, and Station 4: stationed on a boat triangulating an area
between Emerald Island, the north shore of Passage Canal, southeast
towards
[[Page 19937]]
Gradual Point, and back southwest toward Trinity Point and Emerald
Island as shown in Figure 8 of the Marine Mammal Monitoring Plan. All
PSOs will have access to high-quality binoculars, range finders to
monitor distances, and a compass to record bearing to animals as well
as radios or cells phones for maintaining contact with work crews.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after all in water construction activities. In addition, PSOs
will record all incidents of marine mammal occurrence, regardless of
distance from activity, and will document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving
activities include the time to install or remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than 30 minutes.
TMC shall conduct briefings between construction supervisors and
crews, PSOs, TMC staff prior to the start of all pile driving
activities, and when new personnel join the work. These briefings will
explain responsibilities, communication procedures, marine mammal
monitoring protocol, and operational procedures.
Acoustic Monitoring
Acoustic monitoring must be conducted in accordance with the
Acoustic Monitoring Plan. TMC must conduct hydroacoustic monitoring of
two (one 36-in and one 48-in) piles each from different locations
during DTH drilling.
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 from 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 the number and type of piles driven or
removed and by what method (i.e., impact, vibratory, or DTH) and the
total equipment duration for vibratory removal or DTH for each pile or
hole or total number of strikes for each pile (impact driving);
PSO locations during marine mammal monitoring;
Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance;
Upon observation of a marine mammal, the following
information:
[cir] Name of PSO who sighted the animal(s) and PSO location and
activity at the time of sighting;
[cir] Time of sighting;
[cir] Identification of the animal(s) (e.g., genus/species, lowest
possible taxonomic level, or unidentifiable), PSO confidence in
identification, and the composition of the group if there is a mix of
species;
[cir] Distance and bearing of each marine mammal observed relative
to the pile being driven for each sightings (if pile driving was
occurring at time of sighting);
[cir] Estimated number of animals (min/max/best estimate);
[cir] Estimated number of animals by cohort (adults, juveniles,
neonates, group composition, sex class, etc.);
[cir] Animal's closest point of approach and estimated time spent
within the harassment zone; and
[cir] Description of any marine mammal behavioral observations
(e.g., observed behaviors such as feeding or traveling), including an
assessment of behavioral responses thought to have resulted from the
activity (e.g., no response or changes in behavioral state such as
ceasing feeding, changing direction, flushing, or breaching).
Number of marine mammals detected within the harassment
zones and shutdown zones; by species;
Detailed information about any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensured, and resulting changes in behavior of the
animal(s), if any; and
If visibility degrades to where PSO(s) cannot view the
entire harassment zones, additional PSOs may be positioned so that the
entire width is visible, or work will be halted until the entire width
is visible to ensure that any humpback whales entering or within the
harassment zone are detected by PSOs.
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.
Acoustic Monitoring Plan
The report must include:
Type and size of pile being driven, substrate type, method
of driving during recordings (including hammer model and energy
setting(s)), total pile driving duration, and water depth at the pile;
Whether a sound attenuation device is used and, if so, a
detailed description of the device and the duration of its use per
pile;
Number of strikes and strike rate, depth of substrate to
penetrate; pulse duration and mean, median, and maximum sound levels
(dB re: 1 [micro]Pa); root mean square sound pressure level (SPLrms),
peak sound pressure level (SPLpeak), cumulative sound exposure level
(SELcum), and single strike exposure sound level (SEL s-s);
One-third octave band spectrum and power spectral density
plot for each pile monitored; and
Environmental data, including but not limited to, the
following: wind speed and direction, air temperature, humidity, surface
water temperature, water depth, wave height, weather conditions, and
other factors that could contribute to influencing the airborne and
underwater sound levels (e.g., aircraft, boats, etc.).
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, the IHA-holder must
immediately cease the specified activities and report the incident to
the Office of Protected Resources (OPR)
([email protected]), NMFS and to the Alaska Regional
Stranding Coordinator as soon as feasible. If the death or injury was
clearly caused by the specified activity, TMC 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;
[[Page 19938]]
If available, photographs or video footage of the
animal(s); and
General circumstances under which the animal was
discovered.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, our analysis applies to all species listed in
Table 1 for which take could occur, given that NMFS expects the
anticipated effects of the pile driving/removal and DTH on different
marine mammal stocks to be similar in nature. Where there are
meaningful differences between species or stocks, or groups of species,
in anticipated individual responses to activities, impact of expected
take on the population due to differences in population status, or
impacts on habitat, NMFS has identified species-specific factors to
inform the analysis.
Pile driving and DTH activities associated with the project, as
outlined previously, have the potential to disturb or displace marine
mammals. Specifically, the specified activities may result in take, in
the form of Level B harassment and, for some species, Level A
harassment from underwater sounds generated by pile driving activities.
Potential takes could occur if individuals are present in the
ensonified zone when these activities are underway.
No serious injury or mortality is expected, even in the absence of
required mitigation measures, given the nature of the activities.
Further, no take by Level A harassment is anticipated for humpback
whales, killer whales, or Steller sea lion due to the application of
planned mitigation measures, such as shutdown zones that encompass the
Level A harassment zones for these species and the rarity of these
species near the action area. The potential for harassment would be
minimized through the construction method and the implementation of the
planned mitigation measures (see Mitigation section).
Take by Level A harassment is authorized for two species (Dall's
porpoise and harbor seal) as the Level A harassment zones exceed the
size of the shutdown zones for specific construction scenarios.
Additionally, these species could be found more often near the action
area and are cryptic in nature. Therefore, there is the possibility
that an animal could enter a Level A harassment zone without being
detected, and remain within that zone for a duration long enough to
incur PTS. Level A harassment of these species is authorized to be
conservative. Any take by Level A harassment is expected to arise from,
at most, a small degree of PTS (i.e., minor degradation of hearing
capabilities within regions of hearing that align most completely with
the energy produced by impact pile driving such as the low-frequency
region below 2 kHz), not severe hearing impairment or impairment within
the ranges of greatest hearing sensitivity. Animals would need to be
exposed to higher levels and/or longer duration than are expected to
occur here in order to incur any more than a small degree of PTS.
Further, the amount of take by Level A harassment authorized is
very low for both marine mammal stocks and species. If hearing
impairment occurs, it is most likely that the affected animal will lose
only a few decibels in its hearing sensitivity. Due to the small degree
anticipated, any PTS potential incurred will not be expected to affect
the reproductive success or survival of any individuals, much less
result in adverse impacts on the species or stock.
Additionally, some subset of the individuals that are behaviorally
harassed could also simultaneously incur some small degree of TTS for a
short duration. However, since the hearing sensitivity of individuals
that incur TTS is expected to recover completely within minutes to
hours, it is unlikely that the brief hearing impairment would affect
the individual's long-term ability to forage and communicate with
conspecifics, and will therefore not likely impact reproduction or
survival of any individual marine mammal, let alone adversely affect
rates of recruitment or survival of the species or stock.
The Level A harassment zones identified in Table 5 are based upon
an animal exposed to pile driving or DTH up to four piles per day.
Given the short duration to impact drive or vibratory install or
extract, or use DTH drilling on each pile, and breaks between pile
installations (to reset equipment and move piles into place), an animal
will have to remain within the area estimated to be ensonified above
the Level A harassment threshold for multiple hours. This is highly
unlikely give marine mammal movement in the area. If an animal was
exposed to accumulated sound energy, the resulting PTS will likely be
small (e.g., PTS onset) at lower frequencies where pile driving energy
is concentrated, and unlikely to result in impacts to individual
fitness, reproduction, or survival.
The nature of the pile driving project precludes the likelihood of
serious injury or mortality. For all species and stocks, take will
occur within a limited, confined area (adjacent to the project site) of
the stock's range. Level A and Level B harassment will be reduced to
the level of least practicable adverse impact through use of mitigation
measures described herein. Further, the amount of take authorized is
extremely small when compared to stock abundance.
Behavioral responses of marine mammals to pile driving, pile
removal, and DTH at the sites in the Passage Canal are expected to be
mild, short term, and temporary. Marine mammals within the Level B
harassment zones may not show any visual cues they are disturbed by
activities or they could become alert, avoid the area, leave the area,
or display other mild responses that are not observable such as changes
in vocalization patterns. Given that pile driving, pile removal, and
DTH will occur for only a portion of the project's duration, any
harassment occurring will be temporary. Additionally, many of the
species present in region will only be present temporarily based on
seasonal patterns or during transit between other habitats. These
temporary present species will be exposed to even smaller
[[Page 19939]]
periods of noise-generating activity, further decreasing the impacts.
For all species, there are no known Biologically Important Areas
(BIAs) near the project area that will be impacted by TMC's planned
activities. While southcentral Alaska is considered an important area
for feeding humpback whales between March and May (Ellison et al.,
2012), it is not currently designated as critical habitat for humpback
whales (86 FR 21082, April 21, 2021).
In addition, it is unlikely that minor noise effects in a small,
localized area of habitat will have any effect on each stock's ability
to recover. In combination, we believe that these factors, as well as
the available body of evidence from other similar activities,
demonstrate that the potential effects of the specified activities will
have only minor, short-term effects on individuals. The specified
activities are not expected to impact rates of recruitment or survival
and will therefore not result in population-level impacts.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stock through
effects on annual rates of recruitment or survival:
No serious injury or mortality is anticipated or
authorized;
Authorized Level A harassment will be very small amounts
and of low degree;
Level A harassment takes of only Dall's porpoise and
harbor seals;
For all species, the Passage Canal is a very small and
peripheral part of their range;
The intensity of anticipated takes by Level B harassment
is relatively low for all stocks. Level B harassment will be primarily
in the form of behavioral disturbance, resulting in avoidance of the
project areas around where impact or vibratory pile driving is
occurring, with some low-level TTS that may limit the detection of
acoustic cues for relatively brief amounts of time in relatively
confined footprints of the activities;
Effects on species that serve as prey for marine mammals
from the activities are expected to be short-term and, therefore, any
associated impacts on marine mammal feeding are not expected to result
in significant or long-term consequences for individuals, or to accrue
to adverse impacts on their populations;
The ensonified areas are very small relative to the
overall habitat ranges of all species and stocks, and will not
adversely affect ESA-designated critical habitat for any species or any
areas of known biological importance;
The lack of anticipated significant or long-term negative
effects to marine mammal habitat; and
TMC will implement mitigation measures including soft-
starts and shutdown zones to minimize the numbers of marine mammals
exposed to injurious levels of sound, and to ensure that take by Level
A harassment is, at most, a small degree of PTS.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the planned
activity will have a negligible impact on all affected marine mammal
species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
The amount of take NMFS plans to authorize is below one-third of
the estimated stock abundance for all species (in fact, take of
individuals is less than five percent of the abundance of the affected
stocks, see Table 7). This is likely a conservative estimate because we
assume all takes are of different individual animals, which is likely
not the case. Some individuals may return multiple times in a day, but
PSOs will count them as separate takes if they cannot be individually
identified.
Additionally, the most recent estimate for the Alaska stock of
Dall's porpoise was 13,110 animals; however this number just accounts
for a portion of the stock's range. Therefore, the 45 takes of this
stock planned for authorization is believed to be an even smaller
portion of the overall stock abundance.
Based on the analysis contained herein of the planned activity
(including the mitigation and monitoring measures) and the anticipated
take of marine mammals, NMFS finds that small numbers of marine mammals
will be taken relative to the population size of the affected species
or stocks.
Unmitigable Adverse Impact Analysis and Determination
In order to issue an IHA, NMFS must find that the specified
activity will not have an ``unmitigable adverse impact'' on the
subsistence uses of the affected marine mammal species or stocks by
Alaskan Natives. NMFS has defined ``unmitigable adverse impact'' in 50
CFR 216.103 as an impact resulting from the specified activity: (1)
That is likely to reduce the availability of the species to a level
insufficient for a harvest to meet subsistence needs by: (i) Causing
the marine mammals to abandon or avoid hunting areas; (ii) Directly
displacing subsistence users; or (iii) Placing physical barriers
between the marine mammals and the subsistence hunters; and (2) That
cannot be sufficiently mitigated by other measures to increase the
availability of marine mammals to allow subsistence needs to be met.
The Alutiiq and Eyak people of Prince William Sound traditionally
harvested marine mammals, however the last recorded harvest of marine
mammals in Whittier was in 1990, where it was reported that seven
marine mammals were harvested (ADF&G 2022b). Other Prince William Sound
coastal communities such as Cordova, Chenega, and Tatitlek report
recent subsistence harvest or use of marine mammals. The most recent
report of harbor seal and Steller sea lion harvest was reported in
Tatitlek in 2014 (ADF&G 2022b).
Subsistence hunters in Prince William Sound report having to travel
farther from their home communities to be successful when harvesting
marine mammals (Keating et al. 2020). However, their range was not
reported to extend into Passage Canal, as all three communities are
located at least 60 miles away by boat (Fall and Zimpelman 2016). The
planned project is not likely to adversely impact the availability of
any marine mammal species or stocks that are commonly used for
subsistence purposes or to impact subsistence harvest of marine mammals
in the region because:
Construction activities are localized and temporary;
Mitigation measures will be implemented to minimize
disturbance of marine mammals in the action area; and,
[[Page 19940]]
The project will not result in significant changes to
availability of subsistence resources.
Based on the description of the specified activity, the measures
described to minimize adverse effects on the availability of marine
mammals for subsistence purposes, and the mitigation and monitoring
measures, NMFS has determined that there will not be an unmitigable
adverse impact on subsistence uses from TMC's planned activities.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species, in this case with the Alaska Regional
Office.
NMFS is authorizing take of Western U.S. Steller Sea Lion, Western
North Pacific Humpback whale, and the California/Oregon/Washington
Humpback whale, which are listed under the ESA.
The Permit and Conservation Division completed a Section 7
consultation with the Alaska Regional Office for the issuance of this
IHA. The Alaska Regional Office's biological opinion states that the
action is not likely to jeopardize the continued existence of the
listed species.
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 determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Authorization
As a result of these determinations, NMFS issues an IHA to TMC for
conducting Whittier head of the Bay Cruise Ship Dock project in
Whittier, Alaska, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. The IHA can be
found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-cruise-dock-construction.
Dated: March 29, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-06895 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-22-P