Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Pillar Point Harbor Johnson Pier Expansion and Dock Replacement Project in Princeton, California, 58342-58351 [2024-15859]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Notices]
[Pages 58342-58351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15859]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC964]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Pillar Point Harbor Johnson 
Pier Expansion and Dock Replacement Project in Princeton, California

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
San Mateo County Harbor District to incidentally harass marine mammals 
during activities associated with the Pillar Point Harbor Johnson Pier 
Expansion and Dock Replacement Project in Princeton, California. There 
are no changes from the proposed authorization in this final 
authorization.

DATES: This Authorization is effective from December 1, 2024 through 
November 30, 2025.

ADDRESSES: 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-san-mateo-county-harbor-districts-pillar-point-harbor-johnson. In case of problems accessing these documents, 
please call the contact listed below.

FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, 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 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 August 10, 2022, NMFS received a request from the San Mateo 
County Harbor District (SMCHD) for an IHA to take marine mammals 
incidental to the Pillar Point Harbor Johnson Pier Expansion and Dock 
Replacement Project in Princeton, California. Following NMFS' review of 
the application and in response to our comments, SMCHD submitted 
revised versions on October 4, 2022, and December 6, 2022. The 
application was deemed adequate and complete on December 13, 2022. The 
notice of the proposed IHA and request for comments was published on 
February 27, 2023 (88 FR 12334). SMCHD's request is for take of harbor 
seals (Phoca vitulina) and California sea lions (Zalophus 
californianus) by Level A and Level B harassment. This IHA will cover 1 
year of a larger project for which SMCHD intends to request take 
authorization for subsequent facets of the project. The larger 2-year 
project involves the expansion of the Johnson Pier commercial docks and 
fuel pier. Neither SMCHD nor NMFS expect serious injury or mortality to 
result from this activity and, therefore, an IHA is appropriate.

Description of the Specified Activity

    The SMCHD plans to demolish and replace/expand the Johnson Pier at 
Pillar Point Harbor in San Mateo County, California. Demolition of the 
North Timber Pier and the commercial floating docks and fuel dock will 
be followed by expansion of the pier and replacement of the commercial 
and fuel docks. The project includes impact and

[[Page 58343]]

vibratory pile driving and vibratory pile removal. Sounds resulting 
from pile driving and removal 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. Underwater sound will be 
constrained to the inner harbor area by solid rubble-mound breakwaters. 
The project period includes up to 130 days of pile installation and 
extraction activities for which incidental take is authorized.
    A detailed description of the planned project is provided in the 
Federal Register notice for the proposed IHA (88 FR 12334, February 27, 
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 detailed 
description of the specific activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to SMCHD was published 
in the Federal Register on February 27, 2023 (88 FR 12334). That notice 
described, in detail, SMCHD's activities, the marine mammal species 
that may be affected by the activities, and the anticipated effects on 
marine mammals. In that notice, we requested public input on the 
request for authorization described therein, our analyses, the proposed 
authorization, and any other aspect of the notice of proposed IHA, and 
requested that interested persons submit relevant information, 
suggestions, and comments. This proposed notice was available for a 30-
day public comment period. NMFS received no substantive comments on the 
proposed IHA.

Changes From the Proposed IHA to Final IHA

    Changes were made between publication of the notice of the proposed 
IHA and this notice of the final IHA. The effective dates of the 
authorization have been changed from January 1, 2024 through December 
31, 2024 to December 1, 2024 through November 30, 2025 at the 
applicant's request. Additionally, the Monitoring and Reporting section 
was updated to include a requirement that all PSO data will be 
submitted electronically with the draft marine mammal report in a 
format that can be queried, such as a spreadsheet or database.

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 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. Pacific SARs (e.g., Caretta et al., 2023). 
All values presented in Table 1 are the most recent available at the 
time of publication (including from the draft 2024 SARs) 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
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                                                                                                                   Stock abundance
                                                                                               ESA/MMPA status;    (CV, Nmin, most             Annual M/
              Common name                    Scientific name                 Stock           Strategic (Y/N) \1\  recent abundance     PBR       SI \3\
                                                                                                                     survey) \2\
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                                                         Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and sea lions):
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    California Sea Lion...............  Zalophus californianus...  United States...........  -/-, N                  257,606 (N/A,     14,011       >321
                                                                                                                    233,515, 2014)
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Family Phocidae (earless seals):
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    Harbor Seal.......................  Phoca vitulina...........  California..............  -/-, N                   30,968 (N/A,      1,641         43
                                                                                                                     27,348, 2012)
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\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: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance.
\3\ These values, found in NMFS's 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.


[[Page 58344]]

    A detailed description of the of the species likely to be affected 
by the Johnson Pier 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 12334, February 27, 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 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.). 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]
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               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 SMCHD's construction 
activities have the potential to result in behavioral harassment of 
marine mammals in the vicinity of the construction area. The notice of 
proposed IHA (88 FR 12334, February 27, 2023) included a discussion of 
the effects of anthropogenic noise on marine mammals and the potential 
effects of underwater noise from impact and vibratory pile driving 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 proposed IHA (88 FR 12334, 
February 27, 2023).

Estimated Take of Marine Mammals

    This section provides an estimate of the number of incidental takes 
authorized through this IHA, which informs 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 noise 
generated during construction activities (i.e., impact and vibratory 
pile driving) 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. 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 would be behaviorally 
harassed or incur some degree of permanent hearing impairment; (2) the 
area or volume of water that would 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.

[[Page 58345]]

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 non-impulsive (e.g., 
vibratory pile driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa 
for non-explosive impulsive (e.g., impact pile driving) 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.
    SMCHD's planned activity includes the use of continuous non-
impulsive (vibratory pile installation and extraction) and impulsive 
(impact pile driving) sources, and therefore the RMS SPL thresholds of 
120 and 160 dB re 1 [mu]Pa 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). SMCHD's 
planned activity includes the use of non-impulsive (vibratory pile 
installation and extraction) and impulsive (impact pile driving) 
sources.
    These thresholds are provided in Table 3. 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
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                                                    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.
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* 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.
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. Pile 
driving generates underwater noise that can potentially result in 
disturbance to marine mammals in the project area. The maximum 
(underwater) area ensonified is determined by the topography of the 
Pillar Point inner harbor, including hard structure breakwaters that 
bound the inner harbor and preclude sound from transmitting into the 
outer harbor. Additionally, vessel traffic and other commercial and 
industrial activities in the project area may contribute to elevated 
background noise levels, which may mask sounds produced by the project.
    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:


[[Page 58346]]


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

    This formula neglects loss due to scattering and absorption, which 
is assumed to be zero here. The degree to which underwater sound 
propagates away from a sound source is dependent on a variety of 
factors, most notably the water bathymetry and presence or absence of 
reflective or absorptive conditions including in-water structures and 
sediments. Spherical spreading occurs in a perfectly unobstructed 
(free-field) environment not limited by depth or water surface, 
resulting in a 6 dB reduction in sound level for each doubling of 
distance from the source (20*log[range]). Cylindrical spreading occurs 
in an environment in which sound propagation is bounded by the water 
surface and sea bottom, resulting in a reduction of 3 dB in sound level 
for each doubling of distance from the source (10*log[range]). A 
practical spreading value of 15 is often used under conditions, such as 
the project site, where water increases with depth as the receiver 
moves away from the shoreline, resulting in an expected propagation 
environment that would lie between spherical and cylindrical spreading 
loss conditions. Practical spreading loss is assumed here.
    The intensity of pile driving sounds is greatly influenced by 
factors such as the type of piles, hammers, and the physical 
environment in which the activity takes place. In order to calculate 
the distances to the Level A harassment and the Level B harassment 
sound thresholds for the methods and piles being used in this project, 
NMFS used acoustic monitoring data from other locations to develop 
proxy source levels for the various pile types, sizes and methods 
(Table 4). Generally, we choose source levels from similar pile types 
from locations (e.g., geology, bathymetry) similar to the project. At 
this time, NMFS is not aware of reliable source levels available for 
fiberglass piles using vibratory pile installation; therefore, source 
levels for timber pile driving were used as a proxy. While vibratory 
extraction of concrete piles has been measured only for 20-in piles, 
NMFS has conservatively applied this source level to vibratory 
extraction of 14-in concrete piles.
    For this project, one impact and one vibratory hammer may operate 
simultaneously. Because an impact hammer is not a continuous source, 
there is no adjustment needed in the source levels needed to calculate 
the Level A harassment or Level B harassment zones. In the event of 
concurrent activities, the Level A harassment zones would be equivalent 
to those produced by the impact hammer alone, and the Level B 
harassment zone would be the largest zone. Due to the confined nature 
of the Project Area, these zones are sometimes identical. Therefore, no 
separate analysis of concurrent activities was conducted for this 
project.

                                              Table 4--Project Sound Source Levels Normalized to 10 Meters
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                                          Pile size                              Peak SPL (re 1   RMS SPL (re 1     SEL (re 1
              Pile type                    (inch)               Method            [mu]Pa (rms))   [mu]Pa (rms))   [mu]Pa (rms))           Source
--------------------------------------------------------------------------------------------------------------------------------------------------------
Concrete.............................              16  Impact..................             193             168             160  Caltrans 2020.
Concrete.............................              24  Impact..................             188             176             166  Caltrans 2020.
Fiberglass...........................              16  Vibratory...............              NA             162              NA  Caltrans 2020.
Concrete or Timber...................              14  Vibratory extraction....              NA             162              NA  NAVFAC SW 2022.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 like pile driving, 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 resulting isopleths are reported in Table 5, below.

         Table 5--Calculated Level A Harassment and Level B Harassment Isopleths for Impact Pile Driving
----------------------------------------------------------------------------------------------------------------
                                                                  Level A harassment-- radius to      Level B
                                                                           isopleth (m)            Harassment--
                Method                           Source          --------------------------------    radius to
                                                                      Phocids        Otariids      isopleth (m)
----------------------------------------------------------------------------------------------------------------
Impact................................  16-in Concrete..........              96               7              35
                                        24-in Concrete..........             290              22             117
Vibratory.............................  16-in Fiberglass........              23               2         * 6,265
                                        14-in Concrete or Timber              23               2         * 6,265
----------------------------------------------------------------------------------------------------------------
* The calculated distance to the Level B harassment threshold of 120 dB is 6,265m. However, sound propagation
  will be limited by the solid breakwaters surrounding the inner harbor and therefore the harassment zone will
  be limited to the area within the inner harbor breakwaters.

    The maximum Level A harassment zones are expected to occur during 
impact driving of 24-in concrete piles, extending out to 290 m from the 
source pile for harbor seals, and out to 22 m from the source pile for 
sea lions. The 290 m zone fills the inner harbor area surrounded by the 
breakwaters, as shown in Figure 7 of the IHA

[[Page 58347]]

application. The largest Level B harassment zone would occur during 
vibratory pile driving and extraction, and would encompass the entire 
inner harbor basin.

Marine Mammal Occurrence and Take Calculation and Estimation

    In this section, we provide information about the occurrence of 
marine mammals, including density or other relevant information that 
informs the take calculations, and describe how the information 
provided is synthesized to produce a quantitative estimate of the take 
that is reasonably likely to occur.
California Sea Lion
    California sea lions regularly occur on rocks, buoys, and other 
structures. California sea lions were observed within the Project area 
during the field survey (Rincon, 2021). Breeding and pupping are not 
known to occur in the Project area. Based on anecdotal statements from 
Pillar Point Harbor operations staff, California sea lions could occur 
within the inner harbor area on a daily basis. Past observations 
indicate that sea lions rarely haul out within the Project area 
(Meyers, 2022). Because no density estimates are available for the 
species in this area, the SMCHD estimated that two California sea lions 
could be present within the Pillar Point Inner Harbor each day. Based 
on this information, NMFS has similarly estimated that two California 
sea lions may be taken by Level B harassment each day of pile driving. 
This equates to 260 Level B harassment takes over 130 project days. 
Therefore, the SMCHD requested, and NMFS has authorized, 260 takes by 
Level B harassment of California sea lion (Table 6).
    The largest Level A harassment zone for otariids extends 
approximately 23 m from the source during impact driving of a 24-in 
concrete pile (Table 5). SMCHD has conservatively assumed that 1 sea 
lion may occur within the 23 m zone for a duration long enough to be 
taken by Level A harassment every 2 days of impact pile driving, 
equating to 40 takes over 80 project days. Therefore, the SMCHD 
requested, and NMFS has authorized, 40 takes by Level A harassment of 
California sea lion (Table 6).
Harbor Seal
    Harbor seals were observed within the Project area during the field 
survey and have been frequently documented within Pillar Point Harbor 
(Rincon, 2021). Breeding and pupping are not known to occur in the 
Project area. Based on anecdotal statements from Pillar Point Harbor 
operations staff, harbor seals could occur within the inner harbor area 
on a daily basis. Past observations indicate that harbor seals rarely 
haul out within the Project area (Meyers, 2022). Because no density 
estimates are available for the species in this area, the SMCHD 
estimated that two harbor seals could be present within the Pillar 
Point Inner Harbor each day. Based on this information, NMFS has 
similarly estimated that two harbor seals may be taken by Level B 
harassment each day of vibratory pile driving, and up to 10 percent of 
those individuals may be taken by Level A harassment each day. On days 
with impact driving, up to two harbor seals may be taken by Level A 
harassment, with no Level B harassment due to the Level A harassment 
zone extending to the boundaries of the inner harbor. This equates to 
90 Level B harassment takes and 170 Level A harassment takes over 130 
project days. Therefore, SMCHD requested, and NMFS has authorized, 90 
takes by Level B harassment, and 170 takes by Level A harassment of 
harbor seals (Table 6).

 Table 6--Authorized Amount of Taking, by Level A Harassment and Level B Harassment, by Species and Stock and as
                                         a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
                                                      Level A         Level B                       Percent of
          Common name                 Stock         harassment      harassment         Total           stock
----------------------------------------------------------------------------------------------------------------
California sea lion...........  United States...              40             260             300            0.12
Harbor seal...................  California......             170              90             260            0.84
----------------------------------------------------------------------------------------------------------------

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 (latter not applicable for this action). 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. 
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.
    In addition to the measures described later in this section, SMCHD 
will employ the following mitigation measures:
     The Holder must ensure that construction supervisors and 
crews, the monitoring team, and relevant SMCHD staff are trained prior 
to the start of activities subject to this IHA, 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;
     For those marine mammals for which Level B harassment take 
has not been requested, in-water pile installation/removal will shut 
down immediately if such species are observed within or entering the 
Level B harassment zone; and
     If take reaches the authorized limit for an authorized 
species, pile installation/removal will shut down

[[Page 58348]]

immediately if these species approach the Level B harassment zone to 
avoid additional take.
    The following mitigation measures apply to SMCHD's in-water 
construction activities:
     Establishment of Shutdown Zones--SMCHD will establish of 
15.25 meter (50-foot) shutdown zone for all pinnipeds during in-water 
construction activities to avoid interaction between pile driving 
equipment and pinnipeds. For all marine mammal species other than 
harbor seals and California sea lions, the shutdown zone will encompass 
the entire inner harbor. Pile driving must be halted or delayed if a 
marine mammal is observed entering or within the shutdown zone. The 
activity may not commence or resume until either the animal has 
voluntarily exited and been visually confirmed beyond the shutdown zone 
or 15 minutes have passed without re-detection of the animal.
    [cir] Monitoring for Level A Harassment and Level B Harassment--
SMCHD will monitor the Level A harassment and Level B harassment zones. 
Monitoring zones provide utility for observing by establishing 
monitoring protocols for areas adjacent to the shutdown zones. 
Monitoring zones enable observers to be aware of and communicate the 
presence of marine mammals in the project area outside the shutdown 
zone and thus prepare for a potential halt of activity should the 
animal enter the shutdown zone. Placement of Protected Species 
Observers (PSOs) will allow PSOs to observe marine mammals within the 
Level B harassment zones. During pile driving activities, PSOs will 
monitor the entire inner harbor area and the outer harbor to the extent 
practicable. A qualified observer will monitor the zone of influence, 
and document all marine mammals that enter the monitoring zone.
     Pre/post-activity Monitoring--Prior to the start of daily 
in-water construction activity, or whenever a break in pile driving/
removal of 30 minutes or longer occurs, PSOs will observe the shutdown 
and monitoring zones for a period of 30 minutes. The shutdown zone will 
be considered cleared when a marine mammal has not been observed within 
the zone for that 30-minute period. If a marine mammal is observed 
within the shutdown zone, a soft-start cannot proceed until the animal 
has left the zone or has not been observed for 15 minutes. When a 
marine mammal for which Level B harassment take is authorized is 
present in the Level B harassment zone, activities may begin and Level 
B harassment take will be recorded. If work ceases for more than 30 
minutes, the pre-activity monitoring of the shutdown zones will 
commence. Monitoring must also occur through 30 minutes post-completion 
of pile driving activity.
     Protected Species Observers--The placement of PSOs during 
all pile driving and removal activities (described in detail in the 
Monitoring and Reporting section) will ensure that the entire inner 
harbor is visible during pile installation. Should environmental 
conditions deteriorate such that marine mammals within the entire 
monitoring zone would not be visible (e.g., fog, heavy rain), pile 
driving and removal must be delayed until the PSO is confident marine 
mammals within the monitoring zone could be detected.
     Soft Start--Soft-start procedures are believed to provide 
additional protection to marine mammals by providing warning and/or 
giving marine mammals a chance to leave the area prior to the impact 
hammer operating at full capacity. For impact driving, an initial set 
of three strikes will be made by the hammer at reduced energy, followed 
by a 30-second waiting period, then two subsequent three-strike sets 
before initiating continuous driving. 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.
    Based on our evaluation of the applicant's mitigation measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
mitigation measures provide the means of effecting the least 
practicable impact on the affected species or stocks and their habitat, 
paying particular attention to rookeries, mating grounds, and areas of 
similar significance.

Monitoring and Reporting

    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 
Monitoring Plan and Section 5 of the IHA. Marine mammal monitoring 
during pile driving and removal must be conducted by NMFS-approved PSOs 
in a manner consistent with the following:
     Independent PSOs (i.e., not construction personnel) who 
have no other assigned tasks during monitoring periods must be used;
     At least one PSO must 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
     The SMCHD must submit PSO Curriculum Vitae for approval by 
NMFS prior to the onset of pile driving.
    PSOs must have the following additional qualifications:
     Ability to conduct field observations and collect data 
according to assigned protocols;

[[Page 58349]]

     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;
     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. SMCHD will employ up to two PSOs. 
PSO locations will provide an unobstructed view of all water within the 
shutdown zone(s), and as much of the Level A harassment and Level B 
harassment zones as possible. PSO locations may include Johnson Pier, 
adjacent floating docks, and/or the shoreline area. If necessary, 
observations may occur from two locations simultaneously; and
     Monitoring will be conducted 30 minutes before, during, 
and 30 minutes after pile driving/removal activities. In addition, 
observers shall record all incidents of marine mammal occurrence, 
regardless of distance from activity, and shall document any behavioral 
reactions in concert with distance from piles being 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 or drilling equipment is no more than 30 minutes.

Reporting

    A draft marine mammal monitoring report will be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities, or 60 days prior to a requested date of issuance of any 
future IHAs for projects at the same location, whichever comes first. 
The report will include an overall description of work completed, a 
narrative regarding marine mammal sightings, and associated PSO data 
sheets. Specifically, the report must include:
     Dates and times (begin and end) of all marine mammal 
monitoring.
     Construction activities occurring during each daily 
observation period, including how many and what type of piles were 
driven or removed and by what method (i.e., impact or vibratory and if 
other removal methods were used) and the total duration of driving time 
for each pile (vibratory driving/removal) and 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:
     Name of PSO who sighted the animal(s) and PSO location and 
activity at time of sighting;
     Time of sighting;
     Identification of the animal(s) (e.g., genus/species, 
lowest possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
     Distance and location of each observed marine mammal 
relative to the pile being driven for each sighting;
     Estimated number of animals (min/max/best estimate);
     Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.);
     Animal's closest point of approach and estimated time 
spent within the harassment zone;
     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, by species; and
     Detailed information about implementation of any 
mitigation (e.g., shutdowns and delays), a description of specific 
actions that ensued, and resulting changes in behavior of the 
animal(s), if any.
     All PSO data will be submitted electronically in a format 
that can be queried such as a spreadsheet or database and would be 
submitted with the draft marine mammal report.
    If no comments are received from NMFS within 30 days, the draft 
final report will constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.

Reporting Injured or Dead Marine Mammals

    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, the SMCHD shall report the 
incident to the Office of Protected Resources (OPR), NMFS, and to the 
regional stranding coordinator as soon as feasible. If the death or 
injury was clearly caused by the specified activity, the SMCHD must 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of the IHA. The IHA-holder must not resume their activities until 
notified by NMFS. The report must include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.

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

[[Page 58350]]

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, the discussion of our analysis applies to both 
California sea lions and harbor seals, given that the anticipated 
effects of this activity on these different marine mammal stocks are 
expected to be similar. There is little information about the nature or 
severity of the impacts, or the size, status, or structure of any of 
these species or stocks that would lead to a different analysis for 
this activity.
    Pile driving activities have the potential to disturb or displace 
marine mammals. Specifically, the planned project activities may result 
in take, in the form of Level A harassment and Level B harassment from 
underwater sounds generated from pile driving and removal. Potential 
takes could occur if individuals are present in the ensonified zone 
when these activities are underway.
    The takes from Level B harassment would be due to potential 
behavioral disturbance and TTS. Level A harassment takes would be due 
to PTS. No mortality or serious injury is anticipated given the nature 
of the activity, even in the absence of the required mitigation. The 
potential for harassment is minimized through the construction method 
and the implementation of the mitigation measures (see Mitigation 
section).
    Take may occur within a limited, confined area (Pillar Point Inner 
Harbor) of the stock's range. Level A harassment 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, and the project is not anticipated to impact any known 
important habitat areas for any marine mammal species.
    Take by Level A harassment is authorized to account for the 
potential that an animal could enter and remain within the area between 
a Level A harassment zone and the shutdown zone for a duration long 
enough to be taken by Level A harassment. Any take by Level A 
harassment is expected to arise from, at most, a small degree of PTS 
because 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. Additionally, and as noted previously, some 
subset of the individuals that are behaviorally harassed could also 
simultaneously incur some small degree of TTS for a short duration of 
time. Because of the small degree anticipated, any PTS or TTS 
potentially incurred here would not be expected to adversely impact 
individual fitness, let alone annual rates of recruitment or survival.
    Behavioral responses of marine mammals to pile driving at the 
project site, if any, are expected to be mild and temporary. Marine 
mammals within the Level B harassment zone may not show any visual cues 
they are disturbed by activities (as noted during modification to the 
Kodiak Ferry Dock (ABR, 2016)) or 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 the limited 
number of piles to be installed or extracted per day and that pile 
driving and removal will occur across a maximum of 130 days within the 
12-month authorization period, any harassment would be temporary.
    Any impacts on marine mammal prey that will occur during SMCHD's 
activity would have, at most, short-term effects on foraging of 
individual marine mammals, and likely no effect on the populations of 
marine mammals as a whole. Indirect effects on marine mammal prey 
during the construction are expected to be minor, and these effects are 
unlikely to cause substantial effects on marine mammals at the 
individual level, with no expected effect on annual rates of 
recruitment or survival.
    In addition, it is unlikely that minor noise effects in a small, 
localized area of habitat would have any effect on the stocks' annual 
rates of recruitment or survival. 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 mortality or serious injury is anticipated or 
authorized.
     The intensity of anticipated takes by Level B harassment 
is relatively low for all stocks and will not be of a duration or 
intensity expected to result in impacts on reproduction or survival.
     No important habitat areas have been identified within the 
project area.
     For all species, Pillar Point Harbor is a very small and 
peripheral part of their range and anticipated habitat impacts are 
minor.
     The SMCHD will implement mitigation measures, such as 
soft-starts for impact pile driving and shut downs 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 
activity will have a negligible impact on all affected marine mammal 
species or stocks.

Small Numbers

    As noted previously, only small numbers of incidental take 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 less 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 authorized for both California sea lions and 
harbor seals is below one-third of the estimated stock abundance (0.12 
percent and 0.84 percent, respectively; Table 6). This is likely a 
conservative estimate because it assumes 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

[[Page 58351]]

count them as separate takes if they cannot be individually identified.
    Based on the analysis contained herein of the activity (including 
the mitigation and monitoring measures) and the anticipated take of 
marine mammals, NMFS finds that small numbers of marine mammals would 
be taken relative to the population size of the affected species or 
stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.

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 expected to result from 
this activity, and none is authorized. Therefore, NMFS has determined 
that formal consultation under section 7 of the ESA is not required for 
this action.

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 this IHA qualifies to be categorically excluded 
from further NEPA review.

Authorization

    As a result of these determinations, NMFS has issued an IHA to 
SMCHD for the potential harassment of small numbers of California sea 
lions and harbor seals incidental to the Pillar Point Harbor Johnson 
Pier Expansion and Dock Replacement Project in Princeton, California, 
between December 1, 2024 and November 30, 2025 that includes the 
previously mentioned mitigation, monitoring, and reporting 
requirements.

    Dated: July 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-15859 Filed 7-17-24; 8:45 am]
BILLING CODE 3510-22-P