Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California, 46069-46072 [2024-11533]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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IV. Request for Comments
khammond on DSKJM1Z7X2PROD with NOTICES
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–11560 Filed 5–24–24; 8:45 am]
OMB Control Number: 0693–0031.
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Type of Review: Regular Submission,
extension of a current information
collection.
Affected Public: Business or other forprofit organizations, individuals, notfor-profit institution.
Estimated Number of Respondents:
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Estimated Time per Response: Less
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18:43 May 24, 2024
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BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD920]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Chevron
Long Wharf Maintenance and
Efficiency Project in San Francisco
Bay, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a renewal
incidental harassment authorization
(IHA) to Chevron Products Company
(Chevron) to incidentally harass marine
mammals incidental to the Long Wharf
Maintenance and Efficiency Project
(LWMEP) in San Francisco Bay,
California.
DATES: This renewal IHA is valid from
June 1, 2024, through May 31, 2025.
ADDRESSES: Electronic copies of the
original application, Renewal request,
and supporting documents (including
NMFS Federal Register notices of the
original proposed and final
authorizations, and the previous IHA),
as well as a list of the references cited
in this document, may be obtained
online at: https://www.fisheries.
noaa.gov/permit/incidental-takeauthorizations-under-marine-mammalprotection-act. In case of problems
accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Alyssa Clevenstine, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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46069
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
promulgated or, if the taking is limited
to harassment, an IHA is issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and NMFS’s
implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
requested public comment on a
potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical,
or nearly identical, activities as
described in the Detailed Description of
Specified Activities section of the initial
IHA issuance notice is planned or (2)
the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
notice of issuance of the initial IHA,
provided all of the following conditions
are met:
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1. A request for renewal is received no
later than 60 days prior to the needed
renewal IHA effective date (recognizing
that the renewal IHA expiration date
cannot extend beyond 1 year from
expiration of the initial IHA).
2. The request for renewal must
include the following:
• An explanation that the activities to
be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
• A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
3. Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
renewal. A description of the renewal
process may be found on our website at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals.
History of Request
On May 12, 2023, NMFS issued an
IHA to Chevron to take marine
mammals incidental to the LWMEP in
San Francisco Bay, California (88 FR
31703, May 18, 2023), effective from
June 1, 2023, through May 31, 2024. On
February 23, 2024, NMFS received an
application for the renewal of that
initial IHA. As described in the
application for renewal, the activities
for which incidental take is requested
consist of activities that are covered by
the initial authorization but will not be
completed prior to its expiration. As
required, the applicant also provided a
preliminary monitoring report which
confirms that the applicant has
implemented the required mitigation
and monitoring, and which also shows
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18:43 May 24, 2024
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that no impacts of a scale or nature not
previously analyzed or authorized have
occurred as a result of the activities
conducted. The notice of the proposed
renewal IHA was published on April 11,
2024 (89 FR 25573).
Description of the Specified Activities
and Anticipated Impacts
The Chevron LWMEP consists of
construction activities to upgrade Berth
1 of the Refinery Long Wharf in San
Francisco Bay, California, in order to
meet current safety and efficiency
standards. Chevron’s planned
construction at Berth 1 included:
vibratory extraction of two 18-inch
concrete piles associated with an
existing gangway and catwalk; impact
installation of 42 24-inch square
concrete piles to construct a mooring
dolphin and hook, breasting dolphin
and breasting points with standoff
fenders, and to replace the catwalk in a
different location; vibratory installation
of a temporary construction template
composed of up to 12 36-inch steel
piles; and vibratory extraction of the
same temporary steel piles when inwater construction activities were
complete. All in-water work was
expected to be completed in a seasonal
work window from June 1 through
November 30, 2023.
Due to unexpected difficulty with pile
installation, Chevron was only able to
complete vibratory extraction and
impact installation of concrete piles,
and vibratory installation of temporary
steel piles. The applicant initially
determined 12 36-inch steel piles would
be needed to support the template;
however, only 10 steel piles were
needed and installed via vibratory
hammer. Chevron plans to complete the
remaining construction activities, which
includes vibratory extraction of the 10
steel piles, in up to 8 non-consecutive
days over 1 month during June 1
through November 30, 2024. This
renewal request is to cover the subset of
activities in the initial IHA that will not
be completed during the effective IHA
period.
The initial IHA was intended to cover
1 year of a larger project for which
Chevron obtained prior IHAs and
intends to request take authorization for
subsequent facets of the project. The
larger 5-year project involves upgrading
Long Wharf to satisfy current Marine Oil
Terminal Engineering and Maintenance
Standards. The Long Wharf has 6 berths
for receiving raw materials and shipping
products. The project area encompasses
the entirety of Berth 1, an area of
approximately 470 square meters (m2).
Chevron’s planned activity includes
vibratory pile removal, which may
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result in the incidental take of marine
mammals, by harassment only. Due to
mitigation measures, no Level A
harassment is anticipated to occur, and
none is authorized. The likely or
possible impacts of Chevron’s planned
activity on marine mammals could
involve both non-acoustic and acoustic
stressors and is unchanged from the
impacts described in Federal Register
notices for the initial IHA (88 FR 19247,
March 31, 2023; 88 FR 31703, May 18,
2023). Potential non-acoustic stressors
could result from the physical presence
of the equipment, vessels, and
personnel; however, any impacts to
marine mammals are expected to
primarily be acoustic in nature. Sounds
resulting from pile extraction may result
in the incidental take of marine
mammals, by Level B harassment only,
in the form of behavioral harassment.
Detailed Description of the Activity
A detailed description of the
construction activities for which take is
authorized here may be found in the
notices of the proposed and final IHAs
for the initial authorization (88 FR
19247, March 31, 2023; 88 FR 31703,
May 18, 2023). The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the
previous notices. This renewal IHA is
effective for a period of 1 year from June
1, 2024, through May 30, 2025.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take is authorized, including
information on abundance, status,
distribution, and hearing, may be found
in the notice of the proposed IHA for the
initial authorization (88 FR 19247,
March 31, 2023). NMFS has reviewed
the preliminary monitoring data from
the initial IHA, recent draft Stock
Assessment Reports (SARs), information
on relevant Unusual Mortality Events
(UMEs), and other scientific literature,
and determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or the pertinent information
in the description of the marine
mammals in the area of specified
activities contained in the supporting
documents for the initial IHA (88 FR
31703, May 18, 2023).
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the Federal
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Register notices of the proposed IHA for
the initial authorization (88 FR 19247,
March 31, 2023). NMFS has reviewed
the monitoring data from the initial
IHA, recent draft SARs, information on
relevant UMEs, and other scientific
literature and determined that there is
no new information that affects our
initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the proposed and final IHAs
for the initial authorization (88 FR
19247, March 31, 2023; 88 FR 31703,
May 18, 2023). Specifically, the area or
space within which harassment is likely
to occur and marine mammal
occurrence data applicable to this
authorization remain unchanged from
the initial IHA. Similarly, methods of
take, daily take estimates and types of
take remain unchanged from the initial
IHA, with the exception of California
sea lion and gray whale. The number of
takes authorized through this renewal
are a subset of the initial authorized
takes that better represent the amount of
activity left to complete. These takes,
which reflect the lower number of
remaining days of work, are indicated
below in table 1. Takes are calculated
using the same methodology as the
initial IHA, and are just a proportion of
the initial takes based on up to 8 days
of work remaining.
For California sea lions, a maximum
of four individuals have been seen in a
single day based on previous monitoring
reports. To account for this possibility,
Chevron estimated 2 days of four
individuals entering the project area and
one individual for the remaining 6 days
of work. Therefore, Chevron requested,
and NMFS has authorized, 14 takes of
California sea lions by Level B
harassment.
The initial IHA authorized 2 takes by
Level B harassment of gray whale. No
gray whale takes have occurred, and
given the already very low number of
takes previously authorized (2 animals),
NMFS has authorized 2 takes of gray
whale by Level B harassment in this
renewal IHA, rather than a proportion of
the initial takes.
Based upon prior occurrences in the
Bay, Chevron conservatively estimated,
and NMFS concurred, that a maximum
of 10 northern fur seals could occur in
the project area during the 30 day inwater construction activity period for
the initial IHA. Since only 8 days of inwater work are planned for this renewal
IHA, NMFS has authorized 3 takes of
northern fur seals by Level B
harassment.
TABLE 1—AUTHORIZED TAKE BY LEVEL B HARASSMENT AND TAKE AS A PERCENTAGE OF THE POPULATION
Total
estimated take
Species
Expected occurrence
Harbor seal .............................................................
California sea lion * .................................................
Harbor porpoise ......................................................
Bottlenose dolphin ..................................................
Gray whale ** ..........................................................
Northern elephant seal ...........................................
Northern fur seal *** ................................................
237 seals per day ..................................................
14 over project duration .........................................
1 porpoise per day .................................................
Up to 8 dolphins once per month ..........................
2 whales over project duration ...............................
1 seal every 3 days ................................................
3 seals over project duration .................................
1,896
14
8
8
2
3
3
Estimated take
as a percentage
of population
<7
<1
<1
<2
<1
<1
<1
* Takes of California sea lion are calculated to account for up to 2 days with a maximum of four individuals per day, based on previous observations, and 6 days of one individual per day.
** The initial IHA authorized 2 takes by Level B harassment of gray whale. No gray whale takes have occurred, and given the already very low
number of takes previously authorized (2 animals), NMFS has authorized 2 takes of gray whale in this renewal IHA, rather than a proportion of
the initial takes.
*** Takes of northern fur seal are calculated using the same proportions as the initial IHA, which is based on a maximum of 10 individuals per
30 days.
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Description of Mitigation, Monitoring,
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA, and the
discussion of the least practicable
adverse impact included in that
document and the notice of the
proposed IHA remains accurate. The
following measures are included in the
renewal IHA, Chevron will:
• Employ at least two protected
species observers (PSOs) to monitor the
full shutdown zones, the Level B
harassment zones to the extent
practicable, and implement pre- and
post-clearance monitoring;
• Implement a minimum shutdown
zone of 10 meters for in-water
construction activities;
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18:43 May 24, 2024
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• Shut down if marine mammals
come within the designated hearing
group-specific shutdown zones;
• Shut down if any species for which
take has not been authorized enters the
Level B harassment zone;
• Submit a draft monitoring report to
NMFS within 90 days of completion of
marine mammal monitoring or 60 days
prior to issuance of any subsequent IHA
for this project, whichever comes first;
• Prepare and submit a final report
within thirty days following resolution
of comments on the draft report from
NMFS;
• Submit all PSO datasheets and/or
raw sighting data (in a separate file from
the Final Report referenced immediately
above); and
• Report injured or dead marine
mammals.
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Comments and Responses
A notice of NMFS’ proposal to issue
a renewal IHA to Chevron was
published in the Federal Register on
April 11, 2024 (89 FR 25573). That
notice either described, or referenced
descriptions of, Chevron’s activity, the
marine mammal species that may be
affected by the activity, the anticipated
effects on marine mammals and their
habitat, estimated amount and manner
of take, and proposed mitigation,
monitoring and reporting measures.
NMFS received no public comments.
Determinations
The renewal request consists of a
subset of activities analyzed through the
initial authorization described above. In
analyzing the effects of the activities for
the initial IHA, NMFS determined that
Chevron’s activities would have a
negligible impact on the affected species
or stock and that authorized take
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
numbers of each species or stock were
small relative to the relevant stocks (e.g.,
less than one-third the abundance of all
stocks). The mitigation measures and
monitoring and reporting requirements
as described above are identical to the
initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. Based
on the information and analysis
contained here and in the referenced
documents, NMFS has determined the
following: (1) the required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) Chevron’s activities will
not have an unmitigable adverse impact
on taking for subsistence purposes as no
relevant subsistence uses of marine
mammals are implicated by this action;
and (5) appropriate monitoring and
reporting requirements are included.
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National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA renewal) with respect to potential
impacts on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NAO 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS determined that the issuance of
the initial IHA qualified to be
categorically excluded from further
NEPA review. NMFS has determined
that the application of this categorical
exclusion remains appropriate for this
renewal IHA.
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
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18:43 May 24, 2024
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threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Renewal
NMFS has issued a renewal IHA to
Chevron for the take of marine
mammals incidental to conducting pile
extraction activities in San Francisco
Bay from June 1, 2024, through May 31,
2025.
Dated: May 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by the Department of Commerce.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and may be posted for
public viewing without change. All
personal identifying information (e.g.,
name, address) submitted voluntarily by
the sender will be publicly accessible.
Do not submit confidential business
information, or otherwise sensitive or
protected information. The Department
will accept anonymous comments.
FOR FURTHER INFORMATION CONTACT:
Amy Macpherson, NOAA, 7220 NW
101st Terrace, Kansas City, MO 64153,
amy.macpherson@noaa.gov, or 816–
287–1344
NOAA
introduced the SWS in 1999 to
communicate to the public current and
future space weather conditions and
possible effects on people and systems.
DEPARTMENT OF COMMERCE
However, space weather capabilities,
National Oceanic and Atmospheric
user base, and user needs have grown
Administration
and changed dramatically over the last
two decades, and the SWS are
[RTID 0648–XV199]
challenged in supporting the growing
stakeholder needs. In December 2023,
Request for Information on the NOAA
the White House Office of Science and
Space Weather Scales (SWS)
Technology Policy’s National Science
AGENCY: National Weather Service
and Technology Council published the
(NWS), National Oceanic and
Implementation Plan for the National
Atmospheric Administration (NOAA).
Space Weather Strategy and Action
ACTION: Notice; request for information.
Plan. One of the actions directed the
SUMMARY: The Space Weather Prediction agencies to ‘‘Update and expand, as
appropriate, the NOAA space weather
Center (SWPC) within NOAA NWS
scales. NOAA scales should be updated
seeks information from interested
and expanded with a focus on
parties regarding a possible revision to
the Space Weather Scales (SWS), which forecasting impacts and specifying how
are issued to communicate to the public space weather will differentially affect
systems, industries, sectors, or regions.’’
current and future space weather
NOAA is undertaking a revision to the
conditions and possible effects on
SWS and through this request for
people and systems.
information (RFI) is soliciting public
DATES: Submit written comments on or
input to gather feedback from a wide
before July 31, 2024.
range of stakeholders, including
ADDRESSES: The public may submit
representatives from industry,
written comments on issues addressed
academia, other relevant organizations
in this notification by either of the
and institutions, and the general public.
following methods:
The public input provided in response
Electronic Submission: Submit all
to this RFI will inform NOAA in the
electronic public comments via the
scales revision process. Current NOAA
Federal e-Rulemaking Portal. Visit
Space Weather Scale descriptions can
https://www.regulations.gov and type
be found at: https://www.swpc.
‘‘NOAA–NWS–2024–0069’’ in the
noaa.gov/noaa-scales-explanation
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
Discussion Points to Inform the SWS
enter or attach your comments.
Revision
Mail: Submit written comments to
NOAA seeks input into revising the
Amy Macpherson, NOAA, 7220 NW
space weather scales with discussion on
101st Terrace, Kansas City, MO 64153.
[FR Doc. 2024–11533 Filed 5–24–24; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46069-46072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11533]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD920]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Chevron Long Wharf Maintenance
and Efficiency Project in San Francisco Bay, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to Chevron Products Company (Chevron) to incidentally harass
marine mammals incidental to the Long Wharf Maintenance and Efficiency
Project (LWMEP) in San Francisco Bay, California.
DATES: This renewal IHA is valid from June 1, 2024, through May 31,
2025.
ADDRESSES: Electronic copies of the original application, Renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the
contact listed below.
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, Office of
Protected Resources, NMFS, (301) 427-8401.
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 promulgated or, if the taking is limited to harassment, an IHA is
issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
[[Page 46070]]
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On May 12, 2023, NMFS issued an IHA to Chevron to take marine
mammals incidental to the LWMEP in San Francisco Bay, California (88 FR
31703, May 18, 2023), effective from June 1, 2023, through May 31,
2024. On February 23, 2024, NMFS received an application for the
renewal of that initial IHA. As described in the application for
renewal, the activities for which incidental take is requested consist
of activities that are covered by the initial authorization but will
not be completed prior to its expiration. As required, the applicant
also provided a preliminary monitoring report which confirms that the
applicant has implemented the required mitigation and monitoring, and
which also shows that no impacts of a scale or nature not previously
analyzed or authorized have occurred as a result of the activities
conducted. The notice of the proposed renewal IHA was published on
April 11, 2024 (89 FR 25573).
Description of the Specified Activities and Anticipated Impacts
The Chevron LWMEP consists of construction activities to upgrade
Berth 1 of the Refinery Long Wharf in San Francisco Bay, California, in
order to meet current safety and efficiency standards. Chevron's
planned construction at Berth 1 included: vibratory extraction of two
18-inch concrete piles associated with an existing gangway and catwalk;
impact installation of 42 24-inch square concrete piles to construct a
mooring dolphin and hook, breasting dolphin and breasting points with
standoff fenders, and to replace the catwalk in a different location;
vibratory installation of a temporary construction template composed of
up to 12 36-inch steel piles; and vibratory extraction of the same
temporary steel piles when in-water construction activities were
complete. All in-water work was expected to be completed in a seasonal
work window from June 1 through November 30, 2023.
Due to unexpected difficulty with pile installation, Chevron was
only able to complete vibratory extraction and impact installation of
concrete piles, and vibratory installation of temporary steel piles.
The applicant initially determined 12 36-inch steel piles would be
needed to support the template; however, only 10 steel piles were
needed and installed via vibratory hammer. Chevron plans to complete
the remaining construction activities, which includes vibratory
extraction of the 10 steel piles, in up to 8 non-consecutive days over
1 month during June 1 through November 30, 2024. This renewal request
is to cover the subset of activities in the initial IHA that will not
be completed during the effective IHA period.
The initial IHA was intended to cover 1 year of a larger project
for which Chevron obtained prior IHAs and intends to request take
authorization for subsequent facets of the project. The larger 5-year
project involves upgrading Long Wharf to satisfy current Marine Oil
Terminal Engineering and Maintenance Standards. The Long Wharf has 6
berths for receiving raw materials and shipping products. The project
area encompasses the entirety of Berth 1, an area of approximately 470
square meters (m\2\).
Chevron's planned activity includes vibratory pile removal, which
may result in the incidental take of marine mammals, by harassment
only. Due to mitigation measures, no Level A harassment is anticipated
to occur, and none is authorized. The likely or possible impacts of
Chevron's planned activity on marine mammals could involve both non-
acoustic and acoustic stressors and is unchanged from the impacts
described in Federal Register notices for the initial IHA (88 FR 19247,
March 31, 2023; 88 FR 31703, May 18, 2023). Potential non-acoustic
stressors could result from the physical presence of the equipment,
vessels, and personnel; however, any impacts to marine mammals are
expected to primarily be acoustic in nature. Sounds resulting from pile
extraction may result in the incidental take of marine mammals, by
Level B harassment only, in the form of behavioral harassment.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the notices of the proposed and
final IHAs for the initial authorization (88 FR 19247, March 31, 2023;
88 FR 31703, May 18, 2023). The location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices. This renewal IHA
is effective for a period of 1 year from June 1, 2024, through May 30,
2025.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
proposed IHA for the initial authorization (88 FR 19247, March 31,
2023). NMFS has reviewed the preliminary monitoring data from the
initial IHA, recent draft Stock Assessment Reports (SARs), information
on relevant Unusual Mortality Events (UMEs), and other scientific
literature, and determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the description of the marine
mammals in the area of specified activities contained in the supporting
documents for the initial IHA (88 FR 31703, May 18, 2023).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the Federal
[[Page 46071]]
Register notices of the proposed IHA for the initial authorization (88
FR 19247, March 31, 2023). NMFS has reviewed the monitoring data from
the initial IHA, recent draft SARs, information on relevant UMEs, and
other scientific literature and determined that there is no new
information that affects our initial analysis of impacts on marine
mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization (88 FR 19247,
March 31, 2023; 88 FR 31703, May 18, 2023). Specifically, the area or
space within which harassment is likely to occur and marine mammal
occurrence data applicable to this authorization remain unchanged from
the initial IHA. Similarly, methods of take, daily take estimates and
types of take remain unchanged from the initial IHA, with the exception
of California sea lion and gray whale. The number of takes authorized
through this renewal are a subset of the initial authorized takes that
better represent the amount of activity left to complete. These takes,
which reflect the lower number of remaining days of work, are indicated
below in table 1. Takes are calculated using the same methodology as
the initial IHA, and are just a proportion of the initial takes based
on up to 8 days of work remaining.
For California sea lions, a maximum of four individuals have been
seen in a single day based on previous monitoring reports. To account
for this possibility, Chevron estimated 2 days of four individuals
entering the project area and one individual for the remaining 6 days
of work. Therefore, Chevron requested, and NMFS has authorized, 14
takes of California sea lions by Level B harassment.
The initial IHA authorized 2 takes by Level B harassment of gray
whale. No gray whale takes have occurred, and given the already very
low number of takes previously authorized (2 animals), NMFS has
authorized 2 takes of gray whale by Level B harassment in this renewal
IHA, rather than a proportion of the initial takes.
Based upon prior occurrences in the Bay, Chevron conservatively
estimated, and NMFS concurred, that a maximum of 10 northern fur seals
could occur in the project area during the 30 day in-water construction
activity period for the initial IHA. Since only 8 days of in-water work
are planned for this renewal IHA, NMFS has authorized 3 takes of
northern fur seals by Level B harassment.
Table 1--Authorized Take by Level B Harassment and Take as a Percentage of the Population
----------------------------------------------------------------------------------------------------------------
Estimated take as
Species Expected occurrence Total estimated a percentage of
take population
----------------------------------------------------------------------------------------------------------------
Harbor seal................................ 237 seals per day............ 1,896 <7
California sea lion *...................... 14 over project duration..... 14 <1
Harbor porpoise............................ 1 porpoise per day........... 8 <1
Bottlenose dolphin......................... Up to 8 dolphins once per 8 <2
month.
Gray whale **.............................. 2 whales over project 2 <1
duration.
Northern elephant seal..................... 1 seal every 3 days.......... 3 <1
Northern fur seal ***...................... 3 seals over project duration 3 <1
----------------------------------------------------------------------------------------------------------------
* Takes of California sea lion are calculated to account for up to 2 days with a maximum of four individuals per
day, based on previous observations, and 6 days of one individual per day.
** The initial IHA authorized 2 takes by Level B harassment of gray whale. No gray whale takes have occurred,
and given the already very low number of takes previously authorized (2 animals), NMFS has authorized 2 takes
of gray whale in this renewal IHA, rather than a proportion of the initial takes.
*** Takes of northern fur seal are calculated using the same proportions as the initial IHA, which is based on a
maximum of 10 individuals per 30 days.
Description of Mitigation, Monitoring, and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA,
and the discussion of the least practicable adverse impact included in
that document and the notice of the proposed IHA remains accurate. The
following measures are included in the renewal IHA, Chevron will:
Employ at least two protected species observers (PSOs) to
monitor the full shutdown zones, the Level B harassment zones to the
extent practicable, and implement pre- and post-clearance monitoring;
Implement a minimum shutdown zone of 10 meters for in-
water construction activities;
Shut down if marine mammals come within the designated
hearing group-specific shutdown zones;
Shut down if any species for which take has not been
authorized enters the Level B harassment zone;
Submit a draft monitoring report to NMFS within 90 days of
completion of marine mammal monitoring or 60 days prior to issuance of
any subsequent IHA for this project, whichever comes first;
Prepare and submit a final report within thirty days
following resolution of comments on the draft report from NMFS;
Submit all PSO datasheets and/or raw sighting data (in a
separate file from the Final Report referenced immediately above); and
Report injured or dead marine mammals.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to Chevron was
published in the Federal Register on April 11, 2024 (89 FR 25573). That
notice either described, or referenced descriptions of, Chevron's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
The renewal request consists of a subset of activities analyzed
through the initial authorization described above. In analyzing the
effects of the activities for the initial IHA, NMFS determined that
Chevron's activities would have a negligible impact on the affected
species or stock and that authorized take
[[Page 46072]]
numbers of each species or stock were small relative to the relevant
stocks (e.g., less than one-third the abundance of all stocks). The
mitigation measures and monitoring and reporting requirements as
described above are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) Chevron's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action; and (5) appropriate
monitoring and reporting requirements are included.
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
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NAO 216-6A, which do not individually or cumulatively have the
potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a renewal IHA to Chevron for the take of marine
mammals incidental to conducting pile extraction activities in San
Francisco Bay from June 1, 2024, through May 31, 2025.
Dated: May 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-11533 Filed 5-24-24; 8:45 am]
BILLING CODE 3510-22-P