Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Washington State Department of Transportation's Seattle Slip 3 Vehicle Transfer Span Project in Washington State, 76804-76818 [2024-21287]

Download as PDF 76804 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices purposes as no relevant subsistence uses of marine mammals are implicated by this action; and, (5) appropriate monitoring and reporting requirements are included. Dated: September 16, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. Endangered Species Act BILLING CODE 3510–22–P Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally, in this case with the NMFS Greater Atlantic Regional Fisheries Office (GARFO), whenever we propose to authorize take for endangered or threatened species. NMFS Office of Protected Resources has proposed to authorize the incidental take of four species of marine mammals which are listed under the ESA (the North Atlantic right, fin, sei, and sperm whale) and has determined that these activities fall within the scope of activities analyzed in GARFO’s programmatic consultation regarding geophysical surveys along the U.S. Atlantic coast in the three Atlantic Renewable Energy Regions (completed June 29, 2021; revised September 2021). The proposed renewal IHA provides no new information about the effects of the action, nor does it change the extent of effects of the action, or present any other basis to require re-initiation of consultation with NMFS GARFO; therefore, the ESA consultation has been satisfied for the initial IHA and remains valid for the renewal IHA. lotter on DSK11XQN23PROD with NOTICES1 Proposed Renewal IHA and Request for Public Comment As a result of these preliminary determinations, NMFS proposes to issue a renewal IHA to SouthCoast Wind for conducting HRG surveys off the coast of Massachusetts and Rhode Island until May 11, 2025, provided the previously described mitigation, monitoring, and reporting requirements are incorporated. A draft of the proposed and final initial IHA can be found at https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. We request comment on our analyses, the proposed renewal IHA, and any other aspect of this notice. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization. VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 [FR Doc. 2024–21457 Filed 9–18–24; 8:45 am] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE272] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Washington State Department of Transportation’s Seattle Slip 3 Vehicle Transfer Span Project in Washington State National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Washington State Department of Transportation (WSDOT) to incidentally harass marine mammals during construction activities associated with the Seattle Slip 3 Vehicle Transfer Span (VTS) Replacement Project in Seattle, Washington. SUMMARY: This authorization is effective from September 12, 2024 through September 11, 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/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Austin Demarest, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: DATES: 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 incidental harassment authorization 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 the species or stocks for taking for certain subsistence uses (referred to in shorthand 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).The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On December 19, 2023, NMFS received a request from WSDOT for an IHA to take marine mammals incidental to Seattle Slip 3 VTS Replacement Project in Elliott Bay of the Puget Sound, Seattle, WA. Following NMFS’ review of the application, WSDOT submitted revised versions on March 4, April 8, April 18, and April 29, 2024. A final revised monitoring plan was submitted on May 14, 2024 and a final revised application was submitted on May 16, 2024. The application was deemed adequate and complete on May 20, 2024. WSDOT’s request is for take of 12 species of marine mammals, by Level B harassment only. The proposed IHA was published for public comment on July 30, 2024 (89 FR 61064). Neither WSDOT nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate. E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices Description of the Specified Activity and Anticipated Impacts lotter on DSK11XQN23PROD with NOTICES1 Overview WSDOT plans to replace the Seattle Slip 3 VTS at Colman Dock which is located in Elliott Bay of the Puget Sound in Seattle, Washington. The purpose of the construction project is to preserve the transportation function of an aging, seismically deficient transfer span. The existing VTS will be removed and replaced with a hydraulic transfer span consisting of steel drilled shafts and a new steel wingwall. In-water construction includes cutting sheet piles, installation and removal of steel piles with a vibratory hammer, and proofing steel piles with an impact hammer to drive them to the maximum depth and ensure load bearing capacity. In-water pile removal and driving with vibratory and impact hammers may result in incidental take by Level B harassment of 12 marine mammal species within Elliott Bay and the Central Puget Sound. A detailed description of the planned construction project is provided in the Federal Register notice for the proposed IHA (89 FR 61064, July 30, 2024). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity. Comments and Responses A notice of NMFS’ proposal to issue an IHA to WSDOT was published in the Federal Register on July, 30 2024 (89 FR 61064). That notice described, in detail, WSDOT’s activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analysis, the proposed authorization, and any other aspect of the notice of the proposed IHA, and requested that interested persons submit relevant information, suggestions, and comments. During the 30-day public comment period, NMFS received a total of three public comment letters. Two of these were from Federal agencies stating simply that they had no comments, and the other comment letter was from a private citizen. The only substantive comment and NMFS’ response is provided below, and all public comment letters are available VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 online at: https:// www.fisheries.noaa.gov/action/ incidental-take-authorizationwashington-department-transportationsseattle-slip-3-vehicle. Comment: One commenter presented a suggestion regarding protected species observer (PSO) monitoring coverage from the Seattle-Bainbridge Island ferries during the vibratory installation of 24, 30, and 78-in steel pipe piles, stating that there are instances when only one Seattle-Bainbridge Island ferry is operating due to scheduling issues, insufficient staffing, or boat mechanical issues which necessitate additional PSO coverage at those times. The commenter suggested adding an alternate monitoring location for the second ferry based PSO if any of these operational issues occurred. Response: NMFS agrees with the commenter’s concern and added an alternate location for the second ferry based PSO to monitor from if there are delays or only one ferry is operational during the installation of the 24, 30 and 78-in pipe piles. NMFS refers the commenter to the Monitoring and Reporting section below and the Monitoring Requirements section of the final issued IHA. Changes From the Proposed IHA to Final IHA In the Monitoring and Reporting section of the proposed IHA Federal Register notice (89 FR 61064, July 30, 2024) one PSO was required to be stationed on each Seattle-Bainbridge Island ferry during the vibratory installation of 24, 30, and 78-in steel pipe piles. An alternate monitoring location for the second ferry stationed PSO was added to the Monitoring and Reporting section of this notice for instances when there are ferry delays or only one ferry is operational. Figure 2 was added as a spatial reference for the alternate monitoring location. These changes have also been added to the Monitoring Requirements section of the final issued IHA. 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, instead of PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 76805 reprinting the information. Additional information regarding population trends and threats may be found in NMFS’ Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ marine-mammal-stock-assessments) and more general information about these species (e.g., physical and behavioral descriptions) may be found on NMFS’ website (https:// www.fisheries.noaa.gov/find-species). Table 1 lists all species or stocks for which take is expected and authorized for this activity and summarizes information related to the population or stock, including regulatory status under the MMPA and Endangered Species Act (ESA) and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS’ SARs). While no serious injury or mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species or stocks and other threats. Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS’ stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. Survey abundance (as compared to stock or species abundance) is the total number of individuals estimated within the survey area, which may or may not align completely with a stock’s geographic range as defined in the SARs. For some species, this geographic area or surveys may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS’ U.S. Pacific and Alaska SARs. All values presented in table 1 are the most recent available at the time of publication (including from the draft 2023 SARs) and are available online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-stock-assessments. E:\FR\FM\19SEN1.SGM 19SEN1 76806 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices TABLE 1—MARINE MAMMAL SPECIES 1 LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES Common name Scientific name Stock I ESA/ MMPA status; Strategic (Y/N) 2 Stock abundance (CV, Nmin, most recent abundance survey) 3 I Annual M/SI 4 PBR I I Order Artiodactyla—Cetacea—Mysticeti (baleen whales) Family Eschrichtiidae: Gray whale ....................... Minke whale ..................... Eschrichtius robustus ............. Balaenoptera acutorostrata .... Eastern N Pacific ................... CA/OR/WA ............................. -, -, N -, -, N 26,960 (0.05, 25,849, 2016) .. 915 (0.792, 509, 2018) .......... 801 4.1 131 0.19 3.5 19.70 668 0.4 ≥0.82 ≥29.7 Odontoceti (toothed whales, dolphins, and porpoises) Family Delphinidae: Killer whale 5 ..................... Bottlenose dolphin ........... Long beaked common dolphin. Pacific white-sided Dolphin. Family Phocoenidae (porpoises): Dall’s porpoise .................. Harbor porpoise ............... Orcinus orca ........................... Tursiops truncatus .................. Delphinus capensis ................ West Coast Transient ............ CA/OR/WA offshore ............... CA .......................................... -, -, N -, -, N -, -, N 349 (N/A, 349, 2018) ............. 3,477 (0.696, 2,048, 2018) .... 83,379 (0.216, 69,636, 2018) Lagenorhynchus obliquidens CA/OR/WA ............................. -, -, N 34,999 (0.222, 29,090, 2018) 279 7 Phocoenoides dalli ................. Phocoena phocoena .............. CA/OR/WA ............................. Washington Inland Waters ..... -, -, N -, -, N 16,498 (0.61, 10,286, 2018) .. 11,233 (0.37, 8,308, 2015) .... 99 66 ≥0.66 ≥7.2 Order Carnivora—Pinnipedia Family Otariidae (eared seals and sea lions): CA sea lion ....................... Steller sea lion 6 ............... Family Phocidae (earless seals):. Harbor seal ....................... Northern elephant seal 7 .. Zalophus californianus ........... Eumetopias jubatus ................ U.S. ........................................ Eastern ................................... -, -, N -, -, N 257,606 (N/A, 233,515, 2014) 36,308 (N/A, 36,308, 2022) ... 14,011 2,178 >321 93.2 Phoca vitulina ......................... Washington Northern Inland Waters. CA Breeding ........................... -, -, N 16,451 (0.07, 15,462, 2019) .. 928 40 -, -, N 187,386 (N/A, 85,369, 2013) 5,122 13.7 Mirounga angustirostris .......... 1 Information lotter on DSK11XQN23PROD with NOTICES1 on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy (https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/). 2 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. 3 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 4 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. 5 Nest is based upon count of individuals identified from photo-ID catalogs in analysis of a subset of data from 1958–2018. 6 Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the U.S. only. 7 There is uncertainty in available population estimates due to limited surveys, limited reproductive data, and uncertainty in stock relationships and harvest statistics. As indicated above, all 12 species in table 1 spatially and temporally cooccur with the activity to the degree that take is reasonably likely to occur. A detailed description of the species likely to be affected by WSDOT’s 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 (89 FR 61064, July 30, 2024); 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. VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 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.). Generalized hearing ranges were chosen based on the PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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. 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 (Hemilä et al., 2006; Kastelein et al., 2009; Reichmuth et al., 2013). For more detail concerning these groups and associated frequency ranges, please see NMFS (2018) for a review of available information. E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76807 TABLE 2—MARINE MAMMAL HEARING GROUPS (NMFS, 2018) Generalized hearing range * Hearing group Low-frequency (LF) cetaceans (baleen whales) ................................................................................................................. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...................................... High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. australis). Phocid pinnipeds (PW) (underwater) (true seals) .............................................................................................................. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .......................................................................................... 7 Hz to 35 kHz. 150 Hz to 160 kHz. 275 Hz to 160 kHz. 50 Hz to 86 kHz. 60 Hz to 39 kHz. * 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). Potential Effects of Specified Activities on Marine Mammals and Their Habitat The effects of underwater noise from WSDOT’s construction activities have the potential to result in behavioral harassment of marine mammals in the vicinity of the project area. The notice of proposed IHA (89 FR 61064, July 30, 2024) included a discussion of the effects of anthropogenic noise on marine mammals and the potential effects of underwater noise from WSDOT’s construction activity on marine mammals and their habitat. That information and analysis is referenced in this final IHA determination and is not repeated here; please refer to the notice of proposed IHA (89 FR 61064, July 30, 2024). lotter on DSK11XQN23PROD with NOTICES1 Estimated Take of Marine Mammals This section provides an estimate of the number of incidental takes authorized through the IHA, which will inform 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 may occur by Level B harassment only, in the form behavioral reactions and temporary threshold shift (TTS) for individual marine mammals resulting from exposure to noise from impact and vibratory pile driving and removal. Based on the nature of the activity and the anticipated effectiveness of the mitigation measures (i.e., shutdown VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 zones at the Level A harassment area) discussed in detail below in the Mitigation section, Level A harassment is neither anticipated nor authorized. As described previously, no serious injury or mortality is anticipated or authorized for this activity. Below we describe how the information provided above is synthesized to produce a quantitative estimate of the take that is reasonably like to occur and is authorized. For acoustic impacts, generally speaking, we estimate take by considering: (1) acoustic thresholds above which NMFS believes the best available science indicates marine mammals will be behaviorally harassed or incur some degree of permanent hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine mammals within these ensonified areas; and, (4) the number of days of activities. We note that while these factors can contribute to a basic calculation to provide an initial prediction of potential takes, additional information that can qualitatively inform take estimates is also sometimes available (e.g., previous monitoring results or average group size). Below, we describe the factors considered here in more detail and present the authorized take numbers. 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). Acoustic thresholds used in the analysis were discussed in detail in the notice of proposed IHA (89 FR 61064, July 30, 2024) and not repeated here. Please see that notice for additional detail. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 construction project. Marine mammals are expected to be affected by sound generated from the impact and vibratory pile driving components of this project. In order to calculate distances to the Level A harassment and Level B harassment thresholds for the methods and piles used in the project, NMFS used acoustic monitoring data from previous pile driving at WSDOTs Bainbridge Island Ferry Terminal Project (vibratory removal of 12-inch Hpiles), Phase 2 of Colman Dock construction for the Seattle Multimodal Project (impact installation of 24-inch steel piles), and the Ebey Slough Bridge Replacement Project (72-inch steel piles). Each of the projects listed above occurred within the Puget Sound and provided the most suitable source levels due to similar physical habitat characteristics, pile sizes, and pile driving or removal methods (table 3). Source levels from the Bainbridge Terminal Ferry Project and the Ebey Slough Bridge Replacement Project were used as proxies for the vibratory removal of 14-inch steel H-piles and the vibratory installation of 24, 30, and 78inch steel pipe piles for the project because source levels for identical pile sizes were unavailable. Results from the vibratory installation of 72-inch piles at the Ebey Slough Bridge Replacement Project showed that source levels ranged between 148 to 166 dB re 1 mPa at 10 m, therefore 174 dB re 1 mPa at 10 m, as proposed for use by WSDOT, was used as a conservative source level estimate for the vibratory installation of 24, 30, and 78-in steel pipe piles (WSDOT 2011). The source level for 14inch H-piles was assumed to be E:\FR\FM\19SEN1.SGM 19SEN1 76808 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices equivalent to the vibratory removal of 12-inch H-piles at the Bainbridge Island Ferry Terminal where the unweighted RMS SPL source level was 153 dB re 1 mPa at 10 m (Laughlin 2019). Bubble curtains would be employed for impact installation of 24-inch steel piles but zero dB of effective attenuation is assumed because a bubble curtain was used at Phase 2 of Colman Dock construction for the Seattle Multimodal Project, thus source levels would be the same. TABLE 3—SEATTLE SLIP 3 VEHICLE TRANSFER SPAN PROXY SOUND SOURCE LEVELS FOR PILE SIZES AND DRIVING METHODS Pile type and size (in) Method Source level at 10 m (dB re 1 μPA) 14-inch steel H-piles ........................................ 24-inch steel pipe piles .................................... 24-inch steel pipe piles .................................... Vibratory Removal .......................................... Vibratory installation and removal .................. Impact installation ........................................... 30-inch steel sheet piles .................................. 78-inch steel pipe piles .................................... Vibratory installation ........................................ Vibratory installation ........................................ 153 dB rms ................. 174 dB rms ................. 166 SEL, 176 dB rms, 194 dB peak. 174 dB rms ................. 174 dB rms ................. Level B Harassment Zones value results in an expected propagation environment that would lie between spherical and cylindrical spreading loss conditions, which is the most appropriate assumption for the WSDOTs activities in the absence of specific modelling. The estimated Level B harassment zones for the WSDOTs activities are shown in tables 4 and 5. Transmission loss (TL) is the decrease in acoustic intensity as an acoustic pressure wave propagates out from a source. TL parameters vary with frequency, temperature, sea conditions, current, source and receiver depth, water depth, water chemistry, and bottom composition and topography. The general formula for underwater TL is: TL = B * Log10 (R1/R2) Where: TL = transmission loss in dB B = transmission loss coefficient; for practical spreading equals 15 R1 = the distance of the modeled SPL from the driven pile, and R2 = the distance from the driven pile of the initial measurement The recommended TL coefficient for most nearshore environments is the practical spreading value of 15. This Level A Harassment Zones The ensonified area associated with Level A harassment is more technically challenging to predict due to the need to account for a duration component. Therefore, NMFS developed an optional user spreadsheet tool to accompany the Technical Guidance that can be used to relatively simply predict an isopleth distance for use in conjunction with marine mammal density or occurrence to help predict potential takes. We note that because of some of the assumptions included in the methods underlying this Reference Laughlin (2019). WSDOT (2011). Greenbusch Group (2019). WSDOT (2011). WSDOT (2011). optional tool, we anticipate that the resulting isopleth estimates are typically going to be overestimates of some degree, which may result in an overestimate of potential take by Level A harassment. However, this optional tool offers the best way to estimate isopleth distances when more sophisticated modeling methods are not available or practical. For stationary sources such as pile installation and removal, the optional User Spreadsheet tool predicts the distance at which, if a marine mammal remained at that distance for the duration of the activity, it would be expected to incur PTS. Inputs used in the optional User Spreadsheet tool (e.g., number of piles per day, during and/or strikes per pile) are presented in table 1 of the proposed IHA Federal Register notice (89 FR 61064; July 30, 2024), and the resulting estimated isopleths and ensonified areas are reported in tables 4 and 5 below. TABLE 4—LEVEL A AND LEVEL B HARASSMENT ZONES Level A harassment zone (m) Pile size and type 14-inch steel ......... 24-inch steel ......... 24-inch steel ......... 30-inch steel ......... 78-in steel ............. a Land Pile driving method LF cetaceans Vibratory removal ................................ Vibratory installation and removal ...... Impact installation ............................... Vibratory installation ............................ Vibratory installation ............................ MF cetaceans 3.2 65.8 75.9 50.2 50.2 0.3 5.8 2.7 4.5 4.5 HF cetaceans Phocids 4.7 97.3 90.4 74.3 74.3 1.9 40.0 40.6 30.5 30.5 Otarids 0.1 2.8 3.0 2.1 2.1 Level B harassment zone (m) 1,585 a 15,410 736 a 15,410 a 15,410 is reached at a maximum of 15,410 km/9.6 miles. TABLE 5—LEVEL A AND LEVEL B ENSONIFIED AREAS Level A ensonified area (m2) lotter on DSK11XQN23PROD with NOTICES1 Pile size and type 14-inch 24-inch 24-inch 30-inch 78-inch steel steel steel steel steel VerDate Sep<11>2014 ......... ......... ......... ......... ......... Pile driving method LF cetaceans Vibratory removal ................................ Vibratory installation and removal ...... Impact installation ............................... Vibratory installation ............................ Vibratory Installation ........................... 16:59 Sep 18, 2024 Jkt 262001 PO 00000 Frm 00023 MF cetaceans 8.0 4,524.5 75.9 1,979.2 1,979.2 Fmt 4703 Sfmt 4703 0.07 5.7 2.7 15.9 15.9 HF cetaceans 17.4 6,418 90.4 4,336 4,336 E:\FR\FM\19SEN1.SGM Phocids 2.8 1,294.6 40.6 730.6 730.6 19SEN1 Otarids 0.007 7.07 3.0 3.5 3.5 Level B harassment zone (m) 3,247,392 75,844,286 861,188 75,844,286 75,844,286 76809 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices Marine Mammal Occurrence and Take Estimation In this section we provide information about the occurrence of marine mammals, including density or other relevant information which will inform take incidental to WSDOTs pile driving activities for the Seattle Slip 3 VTS Replacement Project. Throughout this section the pile installation or removal will be referred to as ‘‘pile driving’’ unless specified otherwise. From 2017 through 2021 WSDOT monitored for marine mammals in Elliott Bay for the Seattle Multimodal Project. During this time, marine mammal monitoring occurred for 377 days. Since the Seattle Multimodal Project occurred in Elliott Bay, WSDOT considered this marine mammal monitoring data to be the most comprehensive and relevant for estimating take for the Seattle Slip 3 VTS Replacement Project. Therefore, this data compiled all of these monitoring results and calculated total sightings, average sightings per day, and maximum sightings per day for all species of marine mammals that were observed (table 6). WSDOT used their best professional judgement and used this data to estimate take by multiplying maximum sighting per day by 19, which is the maximum number of in-water working days WSDOT estimates it would take to complete the project in a total worst case scenario. NMFS has carefully evaluated these methods and concludes that it is an accurate and appropriate method for estimating take for WSDOTs activities for this project. TABLE 6—MARINE MAMMALS SIGHTED AT THE SEATTLE MULTIMODAL PROJECT Total individuals sighted a Species Harbor seal ...................................................................................................... Northern elephant seal .................................................................................... California sea ion ............................................................................................. Steller sea ion .................................................................................................. Unidentified pinniped ....................................................................................... Killer whale Southern resident ........................................................................ Killer whale transient ....................................................................................... Gray whale ...................................................................................................... Humpback whale ............................................................................................. Minke whale ..................................................................................................... Unidentified large whale .................................................................................. Unidentified small whale .................................................................................. Harbor porpoise ............................................................................................... Dall’s porpoise ................................................................................................. Common bottlenose dolphin ............................................................................ Pacific white-sided dolphin .............................................................................. Long-beaked common dolphin ........................................................................ Unidentified dolphin/porpoise .......................................................................... lotter on DSK11XQN23PROD with NOTICES1 a WSDOT Average individuals sighted/day (377 days) a 2,271 1 3,669 112 121 170 79 5 8 3 2 10 655 8 6 2 0 46 6.0 0.003 9.7 0.3 N/A 0.5 0.2 0.01 0.02 0.008 N/A N/A 1.7 0.02 0.02 0.005 N/A N/A Maximum individuals sighted in one-day a 32 1 29 10 N/A 26 20 2 1 1 1 N/A 72 5 2 2 0 6 Take requested Yes. Yes. Yes. Yes. N/A. No. Yes. Yes. No. Yes. N/A. N/A. Yes. Yes. Yes. Yes. Yes. N/A. 2022. Gray Whale—Although gray whales are common on the southern ends of Whidbey and Camano Islands in the Puget Sound February through May, they are rarely sighted in the construction area (Calambokidis et. al. 2024). During the Seattle multimodal project only five gray whales were detected over 377 days of monitoring with a maximum of two individuals observed on a single day (WSDOT 2022). WSDOT estimated that up to 2 gray whales could be taken per day for the 19 days of construction, for a total of 38 takes by Level B harassment. Since Seattle Slip 3 VTS Replacement Project construction would occur from August through mid-February, gray whales occurrence is expected to be relatively low. In this context, and given that gray whales are highly conspicuous, we have a high degree of confidence that WSDOT can successfully implement shutdowns as necessary to avoid any potential Level A harassment of gray whales. WSDOT must also monitor the Orca Network and the Whale Report Alert System VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 (WRAS) daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of gray whales by Level A harassment is not anticipated or authorized. Minke Whale—Minke whales are uncommon during fall and winter months in the Puget Sound but are rarely sighted in the construction area (Calambokidis and Baird 1994). During the Seattle Multimodal Project only three minke whale detections occurred over 377 days of monitoring with a maximum of one detection on a single day (WSDOT 2022). WSDOT estimated that up to 1 minke whale could be taken per day for the 19 days of construction, for a total of 19 takes by Level B harassment. Since the Seattle Slip 3 VTS Replacement Project construction would occur from August through midFebruary, minke whale occurrence is expected to be relatively low. In these circumstances, and given that minke whales are highly conspicuous, we have PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 a high degree of confidence that WSDOT can successfully implement shutdowns as necessary to avoid any potential Level A harassment of minke whales. WSDOT must also monitor the Orca Network and the WRAS daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of minke whales by Level A harassment is not anticipated or authorized. Transient Killer Whale—Transient killer whales are common in in the Puget Sound in all months and a total of 79 transient killer whale detections occurred over 377 days of monitoring for the Seattle Multimodal Project with a maximum of 20 detections in a single day (Orca Network 2021, WSDOT 2022). WSDOT estimated that up to 20 incidents of take for transient killer whales could occur per day for 19 days of construction, for a total of 380 takes by Level B Harassment. Transient killer whales are common in the Puget Sound and are highly conspicuous. E:\FR\FM\19SEN1.SGM 19SEN1 lotter on DSK11XQN23PROD with NOTICES1 76810 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices The largest Level A harassment zone for mid-frequency cetaceans for all construction for the Seattle Slip 3 VTS Replacement Project is less than 6 m. It is highly unlikely that any cetacean would enter within 6 m of active pile driving, and no take by Level A harassment for any mid-frequency cetacean is expected to occur. WSDOT must also monitor the Orca Network and the WRAS daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of transient killer whales by Level A harassment is not anticipated or authorized. Bottlenose Dolphin—Bottlenose dolphins are considered to be rare in the Puget Sound but they were detected by the Cascadia Research Collective and reported via the Orca Network in 2017 (Cascadia Research Collective, 2017). They were also detected on six occasions with a maximum of two detections on a single day during the Seattle Multimodal Project (WSDOT 2022). WSDOT estimated that up to 2 bottlenose dolphins could be taken per day for the 19 days of construction, for a total of 38 takes by Level B harassment. The largest Level A harassment zone for mid-frequency cetaceans for all construction of the Seattle Slip 3 VTS Replacement Project is less than 6 m. It is highly unlikely that any cetacean would enter within 6 m of active pile driving, and no take by Level A harassment for any mid-frequency cetacean is expected to occur. WSDOT must also monitor the Orca Network and the WRAS daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of bottlenose dolphins by Level A harassment is not anticipated or authorized. Long-Beaked Common Dolphin—No confirmed detections of long-beaked common dolphins occurred during the Seattle Multimodal Project but six unidentified delphinids were observed (WSDOT 2022). WSDOT assumed that up to two of these unidentified delphinids could have been long-beaked common dolphins. Therefore, WSDOT estimated that up to 2 long-beaked common dolphins could be taken per day for the 19 days of construction, for a total of 38 takes by Level B harassment. The largest Level A harassment zone for mid-frequency cetaceans for all construction of the Seattle Slip 3 VTS Replacement Project is less than 6 m. It VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 is highly unlikely that any cetacean would enter within 6 m of active pile driving, and no take by Level A harassment for any mid-frequency cetacean is expected to occur. WSDOT must also monitor the Orca Network and the WRAS daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of long-beaked common dolphins by Level A harassment is not anticipated or authorized. Pacific White-Sided Dolphin—Pacific white-sided dolphins are rare in the Puget Sound but have been observed in San Juan Channel (Orca Network 2012). Two Pacific white sided dolphins were also observed during the Seattle Multimodal Project (WSDOT 2022). WSDOT estimated that up to 2 Pacific white-sided dolphins could be taken per day for the 19 days of construction, for a total of 38 takes by Level B harassment. The largest Level A harassment zone for mid-frequency cetaceans for all construction of the Seattle Slip 3 VTS Replacement Project is less than 6 m. It is highly unlikely that any cetacean would enter within 6 m of active pile driving, and no take by Level A harassment for any mid-frequency cetacean is expected to occur. WSDOT must also monitor the Orca Network and the WRAS daily in order to maintain awareness of regional whale occurrence and movements (see Mitigation and Monitoring and Reporting sections below). Therefore, take of Pacific white-sided dolphins by Level A harassment is not anticipated or authorized. Dall’s Porpoise—Dall’s porpoises are considered rare within the project area. WSDOT recorded only eight detections over 377 days of monitoring during the Seattle Multimodal Project (WSDOT 2022). WSDOT estimated that up to 5 Dall’s porpoises could be taken per day for the 19 days of construction, for a total of 95 takes by Level B harassment. The largest Level A harassment zone for high-frequency cetaceans for all construction of the Seattle Slip 3 VTS Replacement Project is less than 100 m. Due to the relatively short duration of construction for the Seattle Slip 3 VTS Replacement Project and infrequent detections of Dall’s porpoises, WSDOT estimated that no Dall’s porpoises would be likely to enter the Level A harassment zone. Take by Level A harassment of Dall’s porpoises is not anticipated or authorized. Harbor Porpoise—From 2017 through 2022, WSDOT recorded 655 detections of harbor porpoises with a maximum of PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 72 detections on a single day (WSDOT 2022). WSDOT estimated that up to 72 instances of take for harbor porpoises could occur per day for the 19 days of construction, for a total of 1,368 takes by Level B harassment. The largest Level A harassment zone for high-frequency cetaceans is under 100 m. Although harbor porpoises are relatively common in the Puget Sound, we assume that WSDOT would be able to cease construction if harbor porpoises entered the Level A harassment zone before sufficient duration of exposure for PTS to occur. Take by Level A harassment is not anticipated or authorized. California Sea Lion—California sea lions are relatively common throughout the Puget Sound. During the Seattle Multimodal Project a maximum of 29 sea lions were detected on a single day with a total of 3,669 sightings over the 377 days of monitoring (WSDOT 2022). WSDOT estimated that 32 California sea lions would enter the Level B harassment zone for each of the 19 days of construction, for a total of 551 takes by Level B harassment. The largest Level A harassment zone for Otariids for all construction of the Seattle Slip 3 VTS Replacement Project is less than 3 m. It is highly unlikely that any Otariids would enter within 3 m of active pile driving, and no take by Level A harassment for any midfrequency cetacean is expected to occur. Therefore, take of California sea lions by Level A harassment is not anticipated or authorized. Steller Sea Lion—Monitoring during the Seattle Multimodal Project recorded 112 detections of Steller sea lions over 377 days of monitoring, which is less than 1 detection per day. However, a maximum of 10 detections were recorded in a single day. Therefore, WSDOT estimated that 10 Steller sea lions would enter the Level B harassment zone each day for the 19 days of construction of the project, for a total of 190 takes by Level B harassment. The largest Level A harassment zone for Otariids for all construction of the Seattle Slip 3 VTS Replacement Project is less than 3 m. It is highly unlikely that any Otariids would enter within 3 m of active pile driving, and no take by Level A harassment for any midfrequency cetacean is expected to occur. Therefore, take of steller sea lions by Level A harassment is not anticipated or authorized. Harbor Seal—Harbor seals are common in the project area. During the Seattle Multimodal Project WSDOT recorded an average of 6 harbor seal detections per day and a maximum of E:\FR\FM\19SEN1.SGM 19SEN1 76811 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 32 in a single day (WSDOT 2022). WSDOT estimated that a maximum of 32 harbor seals will enter the Level B harassment zones for each of the 19 days of construction, for a total of 608 takes by Level B harassment. The largest Level A harassment zone for high-frequency phocids is under 41 m. Although harbor seals are relatively common in the Puget Sound, we assume that WSDOT would be able to cease construction if harbor seals entered the Level A harassment zone before sufficient duration of exposure for PTS to occur. Take by Level A harassment is not anticipated or authorized. Northern Elephant Seal—Although northern elephant seals are rare in the Puget Sound, one individual was detected during the Seattle Multimodal Project. Since northern elephant seals are rare in the construction area, WSDOT estimated that a maximum of one elephant seal would enter the Level B harassment zone per day for each of the 19 days of construction. A total of 19 takes by Level B harassment is estimated for northern elephant seals for construction associated with the Seattle Slip 3 VTS Replacement Project. Similar to harbor seals, the largest harassment zone is less than 41 m for all construction activities. Given the anticipated rarity of occurrence for elephant seals, WSDOT does not expect northern elephant seals to enter Level A harassment zones without being detected prior to shutdown. Construction will cease if a northern elephant seal is observed entering Level A harassment zone. Therefore, no take by Level A harassment of northern elephant seals is anticipated or authorized. TABLE 7—ESTIMATED TAKE OF MARINE MAMMAL BY LEVEL B HARASSMENT FOR 19 DAYS OF IN-WATER CONSTRUCTION Species Maximum sightings/day a Total takes by Level B harassment 32 1 608 19 5.51 0.02 29 10 551 190 0.24 0.23 20 2 1 72 5 2 2 5 380 38 19 1,368 95 38 38 38 110 0.15 3.7 16.5 0.37 3.0 0.13 0.05 Phocids: Harbor seal ........................................................................................................................... Northern elephant seal ......................................................................................................... Otariids: California sea lion ................................................................................................................. Steller sea lion ...................................................................................................................... Cetaceans: Killer whale transient ............................................................................................................ Gray whale ........................................................................................................................... Minke whale .......................................................................................................................... Harbor porpoise .................................................................................................................... Dall’s porpoise ...................................................................................................................... Common bottlenose dolphin ................................................................................................. Pacific white-sided dolphin ................................................................................................... Long-beaked common dolphin ............................................................................................. a WSDOT 2022. Mitigation lotter on DSK11XQN23PROD with NOTICES1 Percent of stock 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 VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 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. Shutdown Zones Prior to the start of any in-water construction, WSDOT must establish shutdown zones for all planned activities. Shutdown zones are predefined areas within which construction will be halted upon sightings of a PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 marine mammal or in anticipation of a marine mammal entering the established shutdown zones. Piledriving will not re-commence until all marine mammals are assumed to have cleared these established shutdown zones. WSDOT must establish shutdown zones for Southern Resident killer whales (SRKWs) and humpback whales (HWs) at the Level B harassment zone for the vibratory removal of 14-in piles at 1,600 m and at 750 m for impact driving 24-in piles (table 4 and table 8). These shutdown zones are the Level B harassment zone rounded up to the nearest 50 m for each pile size and driving method. Shutdown zones for the remaining pile-driving for SRKWs and HWs will be established at 15,410 m, which is equivalent to the maximum Level B harassment area before it reaches land. The largest Level A harassment zone for the vibratory removal of 14-in piles is 3.2 m for all cetaceans and pinnipeds. However, WSDOT will implement a shutdown zone at 50 m for removal of 14-in piles. The shutdown zones for the E:\FR\FM\19SEN1.SGM 19SEN1 76812 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices remaining pile-driving activities will be established at 100 m for all hearing groups of cetaceans (except SRKWs and HWs, as discussed above) and 50 m for all pinnipeds. The largest Level A harassment zone amongst all hearing groups of cetaceans would be 97.3 m for the remaining pile-driving (table 4). The largest Level A harassment zone amongst pinnipeds will be 40.6 m for the remaining pile driving (table 4). With WSDOTs established shutdown zones, all incidental take will be prevented for SRKWs and HWs and only take by Level B harassment is authorized to occur for the remaining species of cetaceans and pinnipeds. WSDOT will also establish shutdown zones for all other species of marine mammals for which take has not been authorized or for which incidental take has been authorized but the number of authorized takes has already been met. Those zones will be equivalent to Level B harassment zones provided for each activity in table 4. In addition to the shutdown zones mentioned above, WSDOT proposes to implement shutdown measures for SRKWs and HWs. If SRKWs or HWs are observed within or approaching established shutdown zones (see table 8), WSDOT will shut down pile driving equipment to avoid take of these species. If a killer whale approaches a Level B harassment zone, and it is unknown if it is a SRKW or a Transient killer whale, WSDOT would assume it is a SRKW and implement shutdown measures. Pile driving would only resume if the killer whale could be confirmed as a Transient killer whale. TABLE 8—SHUTDOWN ZONES FOR ALL PILE-DRIVING ACTIVITIES FOR THE SEATTLE SLIP 3 VTS REPLACEMENT PROJECT Shutdown zones (m) Pile size and type 14-in 24-in 24-in 30-in 78-in steel steel steel steel steel ............. ............. ............. ............. ............. Pile driving method LF cetaceans Vibratory removal ................................ Vibratory installation and removal ...... Impact installation ............................... Vibratory installation ............................ Vibratory Installation ........................... MF cetaceans 50 100 100 100 100 HF cetaceans 50 100 100 100 100 Phocids 50 100 100 100 100 50 50 50 50 50 Otarids 50 50 50 50 50 SRKW and HW shutdown zones (m) 1,600 * 15,410 750 * 15,410 * 15,410 * 15,410 m is the maximum distance sound can travel before reaching land. Protected Species Observers The monitoring locations for all PSOs during all pile driving activities (described in the Monitoring and Reporting Section) will ensure that the entirety of all shutdown zones are visible. If environmental conditions deteriorate such that the entirety of shutdown zones would not be visible (e.g., fog, heavy rain, Beaufort sea state, etc.,) all pile driving must be delayed until PSOs are confident that marine mammals in the shutdown zones could be detected. Monitoring for Level A and Level B Harassment lotter on DSK11XQN23PROD with NOTICES1 All of the harassment zones will be monitored by PSOs to the extent practicable. Established monitoring zones will allow PSOs to observe marine mammals and define clear monitoring protocols for areas adjacent to shutdown zones. The monitoring zones and protocols will enable PSOs to be aware of and communicate the presence of marine mammals in project areas and outside of project areas to prepare for potential cessation of pile driving activities should a marine mammal enter a shutdown zone. Pre-Activity Monitoring Prior to the start of daily in-water construction activities, or whenever a break in pile driving of 30 minutes or longer occurs, PSOs must observe shutdown and monitoring zones for a 30 minute period. The shutdown zone will VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 be considered cleared when a marine mammal has not been observed within the zone for that 30-minute period. If pile driving is delayed or halted due to the presence of a marine mammal, the activities may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zones or 15 minutes have passed without redetection of the animal. When a marine mammal for which Level B harassment take is authorized is present in the Level B harassment zone and authorized take has not been met, activities may begin. If work ceases for more than 30 minutes, the pre-activity monitoring of the shutdown zones must commence. A determination that the shutdown zone is clear must be made during a period of good visibility (i.e., the entire shutdown zone and surrounding waters must be visible to the naked eye). Soft Start Soft-start procedures are used to provide additional protection to marine mammals by providing warning and/or giving marine mammals a chance to leave the area prior to the hammer operating at full capacity. For impact pile driving, contractors are required to provide an initial set of three strikes from the hammer at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. Soft start must be implemented at the start of each day’s impact pile driving and at any time following cessation of impact pile PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 driving for a period of 30 minutes or longer. Bubble Curtain A bubble curtain will be employed during impact installation or proofing of steel piles, unless the piles are driven in the dry, or water is less than 3 ft (feet) (0.9 m) in depth. A noise attenuation device is not be required during vibratory pile driving. If a bubble curtain or similar measure is used, it must distribute air bubbles around 100 percent of the piling perimeter for the full depth of the water column. Any other attenuation measure would be required to provide 100 percent coverage in the water column for the full depth of the pile. The lowest bubble ring must be in contact with the mudline for the full circumference of the ring. The weights attached to the bottom ring would ensure 100 percent mudline contact. No parts of the ring or other objects will prevent full mudline contact. Based on our evaluation of the applicant’s mitigation measures, NMFS determined that the established 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 E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 • Mitigation and monitoring effectiveness. Visual Monitoring Marine mammal monitoring during pile driving activities must be conducted by PSOs meeting NMFS’ standards and in a manner consistent with the following: • PSOs must be independent of the activity contractor (for example, employed by a subcontractor) and have no other assigned tasks during monitoring periods; • 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 • Where a team of three or more PSOs is required, a lead observer or monitoring coordinator would be designated. The lead observer would be required to have prior experience working as a marine mammal observer during construction. • PSOs must be approved by NMFS prior to beginning any activities subject to this IHA. PSOs must have the following additional qualifications: • Ability to conduct field observations and collect data according to assigned protocols; • Experience or training in the field identification of marine mammals, including the identification of behaviors; • Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations; • Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 76813 • 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. During all pile driving activities, a minimum of three PSO will monitor shutdown zones during pile driving activities. A total of three PSOs will monitor the area for the vibratory removal 14-in steel H-piles, two PSOs will monitor from the construction site and the other PSO will monitor from Pier 69/70. For the vibratory installation and removal of 24, 30, and 78-in steel pipe piles eight PSOs will monitor shutdown zones. PSOs as described above, one PSO will be stationed on each of the Seattle-Bainbridge Island Ferries (two PSOs in total on ferries), one PSO stationed at Alki Beach Pier on the south end of Elliott Bay, one PSO stationed at Magnolia Viewpoint on the north end of Elliott Bay, one PSO station at Rolling Bay on Bainbridge Island, and another PSO stationed at Rockaway Beach on Bainbridge Island. During impact pile driving 24-in steel pipe piles, two PSOs will be stationed at the construction site and an additional PSO will be stationed at pier 62 at the north end of the SRKW and HW shutdown zones (figure 1). If one of the SeattleBainbridge Island Ferries is delayed or inoperable during pile installation described above, then WSDOT must place the second ferry PSO at Creosote Bench Park on Bainbridge Island as an alternate monitoring location (figure 2). Monitoring must be conducted 30 minutes before, during, and 30 minutes after all in water construction activities. In addition, observers must record all incidents of marine mammal occurrence, regardless of distance from activity, and will document any behavioral reactions in concert with distance from piles being driven or removed. Pile driving activities include the time to install or remove a single pile or series of piles, as long as the time elapsed between uses of the pile driving equipment is no more than 30 minutes. BILLING CODE 3510–22–P E:\FR\FM\19SEN1.SGM 19SEN1 76814 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices ..... VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4725 E:\FR\FM\19SEN1.SGM 19SEN1 EN19SE24.000</GPH> lotter on DSK11XQN23PROD with NOTICES1 =z= 'i'llultlngton 8tnt Y/1 DepNtmont of TraMpo11:allon Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76815 SRKW/Humpback Shutdown/Harassment Zone One FelTY Monitoring BILLING CODE 3510–22–C lotter on DSK11XQN23PROD with NOTICES1 Coordination With Marine Mammal Research Networks Prior to the start of pile driving for the day, the PSOs will contact the Orca Network to find out the location of the nearest marine mammal sightings. Daily sightings information will be checked several times a day. The Orca Network consists of a list of over 600 (and growing) residents, scientists, and government agency personnel in the United States and Canada. Sightings are called or emailed into the Orca Network and immediately distributed to the NMFS Northwest Fisheries Science Center, the Center for Whale Research, Cascadia Research, the Whale Museum Hotline, and the British Columbia Sightings Network. Sightings information collected by the Orca Network includes detection by hydrophone. The SeaSound Remote Sensing Network is a system of interconnected hydrophones installed in the marine environment of Haro Strait (west side of San Juan Island) to study orca communication, in-water VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 noise, bottom fish ecology, and local climatic conditions. A hydrophone at the Port Townsend Marine Science Center measures average in-water sound levels and automatically detects unusual sounds. These passive acoustic devices allow researchers to hear when different marine mammals come into the region. This acoustic network, combined with the volunteer visual sighting network allows researchers to document presence and location of various marine mammal species. WSDOT also participates in the Whale Report Alert System (WRAS/ WhaleReport Alert System—Ocean Wise). In October 2018, the Ocean Wise Sightings Network (formerly the B.C. Cetacean Sightings Network) launched an alert system that broadcasts details of whale presence to large commercial vessels. Information on whale presence is obtained from real-time observations reported to the Ocean Wise Sightings Network via the WhaleReport app. The alerts inform shipmasters and pilots of cetacean occurrence in their vicinity. This awareness better enables vessels to PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 -= ~ undertake adaptive mitigation measures, such as slowing down or altering course in the presence of cetaceans, to reduce the risk of collision and disturbance. All WSDOT ferry vessel crews have been trained in the use of WRAS, and input new sightings of cetaceans so data would be available to other vessels and to PSOs on the project. The lead PSO will check the WRAS sightings regularly during the day to be aware of cetaceans approaching the shutdown zones. With this level of coordination in the region of activity, WSDOT would be able to get additional real-time information on the presence or absence of cetaceans prior to start of in-water construction each day. Reporting A draft marine mammal monitoring report must be submitted to NMFS within 90 days after the completion of pile driving activities, or 60 days prior to a requested date of issuance of any future IHAs for the project, or other projects at the same location, whichever comes first. The marine mammal report would include an overall description of E:\FR\FM\19SEN1.SGM 19SEN1 EN19SE24.001</GPH> • Seattle Ferry Terminal Slip 3 VTS Project lotter on DSK11XQN23PROD with NOTICES1 76816 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 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: (a) How many and what type of piles were driven or removed and the method (i.e., impact or vibratory); and (b) the total duration of time for each pile (vibratory driving) number of strikes for each pile (impact driving); • PSO locations during marine mammal monitoring; and • 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. For each observation of a marine mammal, the following must be reported: • 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 or hole being drilled for each sighting; • Estimated number of animals (min/ max/best estimate); • Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc.); • 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 specified actions that ensued, and resulting changes in behavior of the animal(s), if any. If no comments are received from NMFS within 30 days, the draft reports would constitute the final reports. If comments are received, a final report VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 addressing NMFS’ comments is required to be submitted within 30 days after receipt of comments. All PSO datasheets and/or raw sighting data must be submitted with the draft marine mammal report. In the event that personnel involved in the construction activities discover an injured or dead marine mammal, WSDOT must report the incident to the Office of Protected Resources (OPR) (PR.ITP.MonitoringReports@noaa.gov), NMFS and to the West Coast Region (WCR) regional stranding coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, WSDOT 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 IHAs. WSDOT will not resume their activities until notified by NMFS. The report must include the following information: 1. Time, date, and location (latitude/ longitude) of the first discovery (and updated location information if known and applicable); 2. Species identification (if known) or description of the animal(s) involved; 3. Condition of the animal(s) (including carcass condition if the animal is dead); 4. Observed behaviors of the animal(s), if alive; 5. If available, photographs or video footage of the animal(s); and 6. General circumstances under which the animal was discovered. Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., populationlevel effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be ‘‘taken’’ through harassment, NMFS considers other factors, such as the likely nature of any impacts or responses (e.g., intensity, duration), the context of any impacts or responses (e.g., critical reproductive time or location, foraging impacts affecting energetics), as well as PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS’ implementing regulations (54 FR 40338, September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the baseline (e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels). Pile driving and removal activities associated with this project have the potential to disturb or displace marine mammals. The activities for this project may result in incidental take, in the form of Level B harassment, from underwater sound generated from pile driving or removal. Potential takes could occur if marine mammals are present in the ensonified zone when pile driving activities are underway. The takes from Level B harassment would be due to potential behavioral disturbance and TTS. No serious injury or mortality is anticipated given the nature of the activities and measures designed to minimize the possibility of injury to marine mammals. The potential for harassment is minimized through the construction method and the implementation of the planned mitigation measures (see Mitigation section). To avoid repetition, the discussion of our analysis applies to all the species listed in table 1, given that the anticipated effects of this activity on these different marine mammal stocks are expected to be similar in nature. Where there are special circumstances for a species or stock (e.g., gray whales), they are included as a separate subsection below. NMFS has identified key factors which may be employed to assess the level of analysis necessary to conclude whether potential impacts associated with a specified activity should be considered negligible. These include (but are not limited to) the type and magnitude of taking, the amount and importance of the available habitat for the species or stock that is affected, the duration of the anticipated effect to the species or stock, and the status of the species or stock. The following factors support negligible impact determinations for all affected stocks. No take by Level A harassment is anticipated or authorized incidental to the Seattle Slip 3 VTS Replacement Project. However, take by Level B E:\FR\FM\19SEN1.SGM 19SEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices harassment is expected and authorized for 12 marine mammal species. Effects on individuals that are taken by Level B harassment, on the basis of reports in the literature as well as monitoring from other similar activities, will likely be limited to reactions such as area avoidance, increased swimming speeds, increased surfacing time, or decreased foraging (if such activity were occurring) (e.g., Thorson and Reyff 2006 and NMFS 2018). Individual marine mammals would most likely move away from sound sources and temporarily avoid the ensonified area while pile driving is occurring. If the sound produced from the construction activities is sufficiently disturbing, marine mammals are likely to simply avoid the area while activities are occurring, particularly as the project is located on a busy waterfront with high amounts of vessel traffic. We expect that any avoidance of the project areas by marine mammals would be temporary in nature and that any marine mammals that avoid the project areas during construction would not be permanently displaced. Short-term avoidance of the project areas and energetic impacts of interrupted foraging or other important behaviors is unlikely to affect the reproduction or survival of individual marine mammals, and the effects of behavioral disturbance on individuals is not likely to accrue in a manner that would affect the rates of recruitment or survival of any affected stock. The projects are also not expected to have significant adverse effects on affected marine mammals’ habitats. The project activities will not modify existing marine mammal habitat for a significant amount of time. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals’ foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected (with no known particular importance to marine mammals), the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences. Aside from the biologically important area (BIA) for gray whales described below, there are no known areas of importance for other marine mammals, such as feeding or pupping areas, in the project area. For all species and stocks, take would occur within a limited, relatively confined area (Elliott Bay within central Puget Sound) of the stocks’ ranges. Given the availability of suitable habitat nearby, any displacement of marine mammals from the project areas is not VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 expected to affect marine mammals’ fitness, survival, and reproduction due to the limited geographic area that will be affected in comparison to the much larger habitat for marine mammals in Puget Sound. Level B harassment will be reduced to the level of least practicable adverse impact to the marine mammal species or stocks and their habitat through use of mitigation measures described herein. Some individual marine mammals in the project areas may be present and be subject to repeated exposure to sound from pile driving on multiple days. However, these individuals would likely return to normal behavior during gaps in pile driving activity. The Seattle waterfront is a busy area and monitoring reports from previous in water pile driving activities indicate that marine mammals remain in Elliott Bay and the central Puget Sound area throughout pile driving activities. Therefore, any behavioral effects of repeated or long duration exposures are not expected to negatively affect survival or reproductive success of any individuals. Thus, even repeated Level B harassment of some small subset of an overall stock is unlikely to result in any effects on rates of reproduction and survival of the stock. Gray Whales The Puget Sound is part of a BIA for gray whales as they migrate between the Arctic and Mexico (Calambokidis et al., 2024). Although the project area is located within the Puget Sound, the gray whale BIA does not overlap with the ensonified zones and gray whales typically remain further north around Whidbey and Camano Islands (Calambokidis et al., 2018). Gray whales are also rarely seen in the project area. This suggests that impacts from the project would have minimal to no impact on the migration of gray whales in the BIA, and would therefore not affect reproduction or survival. There was an unusual mortality event (UME) for gray whales from 2018 through 2023 (see the Description of Marine Mammals in the Area of Specified Activities section of this notice). However, we do not expect authorized takes for this project to have any additional affects to reproduction or survival. As mentioned previously, no take by Level A harassment, serious injury or mortality is expected. Takes authorized by Level B harassment of gray whales would be in the form of behavioral disturbance. The results from necropsies showed evidence that gray whale nutritional condition was poor during the UME. The area that would be temporarily impacted from construction PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 76817 does not overlap with the gray whale feeding BIA in the northern Puget Sound. Therefore, the construction associated with the Seattle Slip 3 VTS Replacement Project is unlikely to disrupt any critical behaviors (e.g. feeding) or have any effect on reproduction or survival of gray whales. 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 any of the species or stocks through effects on annual rates of recruitment or survival: • No serious injury or mortality is anticipated or authorized; • Level A harassment is not anticipated or authorized for all 12 marine mammal species; • Level B harassment would be in the form of behavioral disturbance, primarily resulting in avoidance of the project areas around where impact or vibratory pile driving is occurring, and some low-level TTS that may limit the detection of acoustic cues for relatively brief amounts of time in relatively confined footprint of the activities; • Nearby areas of similar habitat value within Puget Sound are available for marine mammals that may temporarily vacate the project areas during construction activities for both projects; • Effects on species that serve as prey for marine mammals from the activities are expected to be short-term and, therefore, any associated impacts on marine mammal feeding are not expected to result in significant or longterm consequences for individuals, or to accrue to adverse impacts on their populations from either project; • The number of anticipated takes by Level B harassment is relatively low for all stocks for both projects; • The ensonifed areas from the project is very small relative to the overall habitat ranges of all species and stocks, and will not adversely affect ESA-designated critical habitat, or cause more than minor impacts in any BIAs or any other areas of known biological importance; • The lack of anticipated significant or long-term negative effects to marine mammal habitat from the project; • The efficacy of the mitigation measures in reducing the effects of the specified activities on all species and stocks for the project; and • Monitoring reports from similar work in Puget Sound that have documented little to no effect on individuals of the same species that could be impacted by the specified activities from the project. E:\FR\FM\19SEN1.SGM 19SEN1 76818 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 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 determined that the total marine mammal take from the activity will have a negligible impact on all affected marine mammal species or stocks. lotter on DSK11XQN23PROD with NOTICES1 Small Numbers As noted previously, only take of small numbers of marine mammals may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one-third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities. For all species and stocks other than killer whales from the West Coast Transient stock, the authorized take is below one-third of the stock abundance. The authorized take of Transient killer whales as a proportion of the stock abundance is greater than one-third, if all takes are assumed to occur for different individuals. The project area represents a small portion of the stock’s range from Alaska to California (Muto et al., 2019). Sighting reports from the Orca Network support that it is reasonable to suspect that the same individual Transient Killer whales would be present within the ensonified project area during the relatively short duration (19 days) of construction activities. Since the construction area represents a small portion of Transient killer whales range and construction would occur over a short period, it is more likely that there will be multiple takes of the same individuals. Based on the analysis contained herein of the construction activities (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS determined that small numbers of marine mammals would be taken relative to the population size of the affected species or stocks. VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 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 would 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 ESA 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 or authorized for this activity. 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 evaluate our proposed action (i.e., the issuance of an IHA) and alternatives 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 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 has determined that the issuance of this IHA qualifies to be categorically excluded from further NEPA review. Authorization NMFS has issued an IHA to WSDOT for the potential harassment of small numbers of 12 marine mammal species incidental to the Seattle Slip 3 VTS Replacement project in Seattle, Washington, that includes the previously explained mitigation, monitoring and reporting requirements. PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 Dated: September 13, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–21287 Filed 9–18–24; 8:45 am] BILLING CODE 3510–22–P COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Publication of Fiscal Year 2023 Service Contract Inventory Court Services and Offender Supervision Agency for the District of Columbia (CSOSA). AGENCY: ACTION: Notice of public availability. In accordance with section 743 of Division C of the FY2010 Consolidated Appropriations Act, the Court Services and Offender Supervision Agency hereby advises the public of the availability of the FY 2020 Service Contract Inventory. This analysis provides information on service contract actions over $25,000 that were made in FY2022. The information is organized by function to show how contracted resources are distributed throughout the agency. This inventory analysis and plan have been developed in accordance with guidance issued on November 5, 2010, and December 19, 2011, by the Office of Management and Budget’s Office of Federal Procurement Policy (OFPP). CSOSA’s FY2022 Service Contract Inventory Analysis, and the FY2023 Service Contract Inventory Plan is available on CSOSA’s website at: CSOSA-SCI-2022-2023-AnalysisReport.pdf. CSOSA’s FY 2022 service contract inventory data is included in the government-wide inventory posted on www.acquisition.gov and the government-wide inventory can be filtered to display the inventory data for CSOSA. SUMMARY: FOR FURTHER INFORMATION CONTACT: Reggie James, Senior Procurement Executive, Associate Director, Office of Administration, 800 N Capitol St. NW, Washington, DC 20002, at (202) 220– 5707 or Reggie.James@csosa.gov. Dated: September 13, 2024. Willis Stamps, Supervisory Attorney-Advisor. [FR Doc. 2024–21384 Filed 9–18–24; 8:45 am] BILLING CODE 3129–04–P E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76804-76818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE272]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Washington State Department of 
Transportation's Seattle Slip 3 Vehicle Transfer Span Project in 
Washington State

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

ACTION: Notice; issuance of an incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
Washington State Department of Transportation (WSDOT) to incidentally 
harass marine mammals during construction activities associated with 
the Seattle Slip 3 Vehicle Transfer Span (VTS) Replacement Project in 
Seattle, Washington.

DATES: This authorization is effective from September 12, 2024 through 
September 11, 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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call 
the contact listed below.

FOR FURTHER INFORMATION CONTACT: Austin Demarest, 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 
incidental harassment authorization 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 the species or stocks for 
taking for certain subsistence uses (referred to in shorthand 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).The definitions of all applicable 
MMPA statutory terms cited above are included in the relevant sections 
below.

Summary of Request

    On December 19, 2023, NMFS received a request from WSDOT for an IHA 
to take marine mammals incidental to Seattle Slip 3 VTS Replacement 
Project in Elliott Bay of the Puget Sound, Seattle, WA. Following NMFS' 
review of the application, WSDOT submitted revised versions on March 4, 
April 8, April 18, and April 29, 2024. A final revised monitoring plan 
was submitted on May 14, 2024 and a final revised application was 
submitted on May 16, 2024. The application was deemed adequate and 
complete on May 20, 2024. WSDOT's request is for take of 12 species of 
marine mammals, by Level B harassment only. The proposed IHA was 
published for public comment on July 30, 2024 (89 FR 61064). Neither 
WSDOT nor NMFS expect serious injury or mortality to result from this 
activity and, therefore, an IHA is appropriate.

[[Page 76805]]

Description of the Specified Activity and Anticipated Impacts

Overview

    WSDOT plans to replace the Seattle Slip 3 VTS at Colman Dock which 
is located in Elliott Bay of the Puget Sound in Seattle, Washington. 
The purpose of the construction project is to preserve the 
transportation function of an aging, seismically deficient transfer 
span. The existing VTS will be removed and replaced with a hydraulic 
transfer span consisting of steel drilled shafts and a new steel 
wingwall. In-water construction includes cutting sheet piles, 
installation and removal of steel piles with a vibratory hammer, and 
proofing steel piles with an impact hammer to drive them to the maximum 
depth and ensure load bearing capacity. In-water pile removal and 
driving with vibratory and impact hammers may result in incidental take 
by Level B harassment of 12 marine mammal species within Elliott Bay 
and the Central Puget Sound.
    A detailed description of the planned construction project is 
provided in the Federal Register notice for the proposed IHA (89 FR 
61064, July 30, 2024). Since that time, no changes have been made to 
the planned activities. Therefore, a detailed description is not 
provided here. Please refer to that Federal Register notice for the 
description of the specific activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to WSDOT was published 
in the Federal Register on July, 30 2024 (89 FR 61064). That notice 
described, in detail, WSDOT's activity, the marine mammal species that 
may be affected by the activity, and the anticipated effects on marine 
mammals. In that notice, we requested public input on the request for 
authorization described therein, our analysis, the proposed 
authorization, and any other aspect of the notice of the proposed IHA, 
and requested that interested persons submit relevant information, 
suggestions, and comments. During the 30-day public comment period, 
NMFS received a total of three public comment letters. Two of these 
were from Federal agencies stating simply that they had no comments, 
and the other comment letter was from a private citizen.
    The only substantive comment and NMFS' response is provided below, 
and all public comment letters are available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-washington-department-transportations-seattle-slip-3-vehicle.
    Comment: One commenter presented a suggestion regarding protected 
species observer (PSO) monitoring coverage from the Seattle-Bainbridge 
Island ferries during the vibratory installation of 24, 30, and 78-in 
steel pipe piles, stating that there are instances when only one 
Seattle-Bainbridge Island ferry is operating due to scheduling issues, 
insufficient staffing, or boat mechanical issues which necessitate 
additional PSO coverage at those times. The commenter suggested adding 
an alternate monitoring location for the second ferry based PSO if any 
of these operational issues occurred.
    Response: NMFS agrees with the commenter's concern and added an 
alternate location for the second ferry based PSO to monitor from if 
there are delays or only one ferry is operational during the 
installation of the 24, 30 and 78-in pipe piles. NMFS refers the 
commenter to the Monitoring and Reporting section below and the 
Monitoring Requirements section of the final issued IHA.

Changes From the Proposed IHA to Final IHA

    In the Monitoring and Reporting section of the proposed IHA Federal 
Register notice (89 FR 61064, July 30, 2024) one PSO was required to be 
stationed on each Seattle-Bainbridge Island ferry during the vibratory 
installation of 24, 30, and 78-in steel pipe piles. An alternate 
monitoring location for the second ferry stationed PSO was added to the 
Monitoring and Reporting section of this notice for instances when 
there are ferry delays or only one ferry is operational. Figure 2 was 
added as a spatial reference for the alternate monitoring location. 
These changes have also been added to the Monitoring Requirements 
section of the final issued IHA.

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, instead of reprinting the information. Additional 
information regarding population trends and threats may be found in 
NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and 
more general information about these species (e.g., physical and 
behavioral descriptions) may be found on NMFS' website (https://www.fisheries.noaa.gov/find-species).
    Table 1 lists all species or stocks for which take is expected and 
authorized for this activity and summarizes information related to the 
population or stock, including regulatory status under the MMPA and 
Endangered Species Act (ESA) and potential biological removal (PBR), 
where known. PBR is defined by the MMPA as the maximum number of 
animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population (as described in NMFS' SARs). While no 
serious injury or mortality is anticipated or authorized here, PBR and 
annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species or 
stocks and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS' stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. Survey abundance (as compared to stock or species 
abundance) is the total number of individuals estimated within the 
survey area, which may or may not align completely with a stock's 
geographic range as defined in the SARs. For some species, this 
geographic area or surveys may extend beyond U.S. waters. All managed 
stocks in this region are assessed in NMFS' U.S. Pacific and Alaska 
SARs. All values presented in table 1 are the most recent available at 
the time of publication (including from the draft 2023 SARs) and are 
available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

[[Page 76806]]



                                     Table 1--Marine Mammal Species \1\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         ESA/MMPA status;    Stock abundance (CV,
             Common name                  Scientific name               Stock             Strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \2\          abundance survey) \3\               SI \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Order Artiodactyla--Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Family Eschrichtiidae:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Gray whale......................  Eschrichtius robustus..  Eastern N Pacific......  -, -, N             26,960 (0.05, 25,849,         801        131
                                                                                                             2016).
    Minke whale.....................  Balaenoptera             CA/OR/WA...............  -, -, N             915 (0.792, 509, 2018)        4.1       0.19
                                       acutorostrata.
                                     -------------------------------------------------------------------------------------------------------------------
                                                  Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
    Killer whale \5\................  Orcinus orca...........  West Coast Transient...  -, -, N             349 (N/A, 349, 2018)..        3.5        0.4
    Bottlenose dolphin..............  Tursiops truncatus.....  CA/OR/WA offshore......  -, -, N             3,477 (0.696, 2,048,        19.70     >=0.82
                                                                                                             2018).
    Long beaked common dolphin......  Delphinus capensis.....  CA.....................  -, -, N             83,379 (0.216, 69,636,        668     >=29.7
                                                                                                             2018).
    Pacific white-sided Dolphin.....  Lagenorhynchus           CA/OR/WA...............  -, -, N             34,999 (0.222, 29,090,        279          7
                                       obliquidens.                                                          2018).
Family Phocoenidae (porpoises):
    Dall's porpoise.................  Phocoenoides dalli.....  CA/OR/WA...............  -, -, N             16,498 (0.61, 10,286,          99     >=0.66
                                                                                                             2018).
    Harbor porpoise.................  Phocoena phocoena......  Washington Inland        -, -, N             11,233 (0.37, 8,308,           66      >=7.2
                                                                Waters.                                      2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions):
    CA sea lion.....................  Zalophus californianus.  U.S....................  -, -, N             257,606 (N/A, 233,515,     14,011       >321
                                                                                                             2014).
    Steller sea lion \6\............  Eumetopias jubatus.....  Eastern................  -, -, N             36,308 (N/A, 36,308,        2,178       93.2
                                                                                                             2022).
Family Phocidae (earless seals):....
    Harbor seal.....................  Phoca vitulina.........  Washington Northern      -, -, N             16,451 (0.07, 15,462,         928         40
                                                                Inland Waters.                               2019).
    Northern elephant seal \7\......  Mirounga angustirostris  CA Breeding............  -, -, N             187,386 (N/A, 85,369,       5,122       13.7
                                                                                                             2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
  (https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/).
\2\ 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.
\3\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\4\ 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.
\5\ Nest is based upon count of individuals identified from photo-ID catalogs in analysis of a subset of data from 1958-2018.
\6\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the U.S.
  only.
\7\ There is uncertainty in available population estimates due to limited surveys, limited reproductive data, and uncertainty in stock relationships and
  harvest statistics.

    As indicated above, all 12 species in table 1 spatially and 
temporally co-occur with the activity to the degree that take is 
reasonably likely to occur. A detailed description of the species 
likely to be affected by WSDOT's 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 (89 FR 61064, July 30, 2024); 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.). 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.
    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 et al., 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of available information.

[[Page 76807]]



           Table 2--Marine Mammal Hearing Groups (NMFS, 2018)
------------------------------------------------------------------------
              Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen      7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans (dolphins,   150 Hz to 160 kHz.
 toothed whales, beaked whales,
 bottlenose whales).
High-frequency (HF) cetaceans (true       275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 Cephalorhynchid, Lagenorhynchus
 cruciger & L. australis).
Phocid pinnipeds (PW) (underwater) (true  50 Hz to 86 kHz.
 seals).
Otariid pinnipeds (OW) (underwater) (sea  60 Hz to 39 kHz.
 lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al. 2007) and PW pinniped (approximation).

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from WSDOT's construction 
activities have the potential to result in behavioral harassment of 
marine mammals in the vicinity of the project area. The notice of 
proposed IHA (89 FR 61064, July 30, 2024) included a discussion of the 
effects of anthropogenic noise on marine mammals and the potential 
effects of underwater noise from WSDOT's construction activity on 
marine mammals and their habitat. That information and analysis is 
referenced in this final IHA determination and is not repeated here; 
please refer to the notice of proposed IHA (89 FR 61064, July 30, 
2024).

Estimated Take of Marine Mammals

    This section provides an estimate of the number of incidental takes 
authorized through the IHA, which will inform 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 may occur by Level B harassment only, in the form 
behavioral reactions and temporary threshold shift (TTS) for individual 
marine mammals resulting from exposure to noise from impact and 
vibratory pile driving and removal. Based on the nature of the activity 
and the anticipated effectiveness of the mitigation measures (i.e., 
shutdown zones at the Level A harassment area) discussed in detail 
below in the Mitigation section, Level A harassment is neither 
anticipated nor authorized.
    As described previously, no serious injury or mortality is 
anticipated or authorized for this activity. Below we describe how the 
information provided above is synthesized to produce a quantitative 
estimate of the take that is reasonably like to occur and is 
authorized.
    For acoustic impacts, generally speaking, we estimate take by 
considering: (1) acoustic thresholds above which NMFS believes the best 
available science indicates marine mammals will be behaviorally 
harassed or incur some degree of permanent hearing impairment; (2) the 
area or volume of water that will be ensonified above these levels in a 
day; (3) the density or occurrence of marine mammals within these 
ensonified areas; and, (4) the number of days of activities. We note 
that while these factors can contribute to a basic calculation to 
provide an initial prediction of potential takes, additional 
information that can qualitatively inform take estimates is also 
sometimes available (e.g., previous monitoring results or average group 
size). Below, we describe the factors considered here in more detail 
and present the authorized take numbers.

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). Acoustic thresholds used in the 
analysis were discussed in detail in the notice of proposed IHA (89 FR 
61064, July 30, 2024) and not repeated here. Please see that notice for 
additional detail.

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 construction project. 
Marine mammals are expected to be affected by sound generated from the 
impact and vibratory pile driving components of this project.
    In order to calculate distances to the Level A harassment and Level 
B harassment thresholds for the methods and piles used in the project, 
NMFS used acoustic monitoring data from previous pile driving at WSDOTs 
Bainbridge Island Ferry Terminal Project (vibratory removal of 12-inch 
H-piles), Phase 2 of Colman Dock construction for the Seattle 
Multimodal Project (impact installation of 24-inch steel piles), and 
the Ebey Slough Bridge Replacement Project (72-inch steel piles). Each 
of the projects listed above occurred within the Puget Sound and 
provided the most suitable source levels due to similar physical 
habitat characteristics, pile sizes, and pile driving or removal 
methods (table 3).
    Source levels from the Bainbridge Terminal Ferry Project and the 
Ebey Slough Bridge Replacement Project were used as proxies for the 
vibratory removal of 14-inch steel H-piles and the vibratory 
installation of 24, 30, and 78-inch steel pipe piles for the project 
because source levels for identical pile sizes were unavailable. 
Results from the vibratory installation of 72-inch piles at the Ebey 
Slough Bridge Replacement Project showed that source levels ranged 
between 148 to 166 dB re 1 [micro]Pa at 10 m, therefore 174 dB re 1 
[micro]Pa at 10 m, as proposed for use by WSDOT, was used as a 
conservative source level estimate for the vibratory installation of 
24, 30, and 78-in steel pipe piles (WSDOT 2011). The source level for 
14-inch H-piles was assumed to be

[[Page 76808]]

equivalent to the vibratory removal of 12-inch H-piles at the 
Bainbridge Island Ferry Terminal where the unweighted RMS SPL source 
level was 153 dB re 1 [micro]Pa at 10 m (Laughlin 2019). Bubble 
curtains would be employed for impact installation of 24-inch steel 
piles but zero dB of effective attenuation is assumed because a bubble 
curtain was used at Phase 2 of Colman Dock construction for the Seattle 
Multimodal Project, thus source levels would be the same.

   Table 3--Seattle Slip 3 Vehicle Transfer Span Proxy Sound Source Levels for Pile Sizes and Driving Methods
----------------------------------------------------------------------------------------------------------------
                                                                  Source level at 10 m
       Pile type and size (in)                  Method            (dB re 1 [micro]PA)           Reference
----------------------------------------------------------------------------------------------------------------
14-inch steel H-piles................  Vibratory Removal......  153 dB rms.............  Laughlin (2019).
24-inch steel pipe piles.............  Vibratory installation   174 dB rms.............  WSDOT (2011).
                                        and removal.
24-inch steel pipe piles.............  Impact installation....  166 SEL, 176 dB rms,     Greenbusch Group
                                                                 194 dB peak.             (2019).
30-inch steel sheet piles............  Vibratory installation.  174 dB rms.............  WSDOT (2011).
78-inch steel pipe piles.............  Vibratory installation.  174 dB rms.............  WSDOT (2011).
----------------------------------------------------------------------------------------------------------------

Level B Harassment Zones

    Transmission loss (TL) is the decrease in acoustic intensity as an 
acoustic pressure wave propagates out from a source. TL parameters vary 
with frequency, temperature, sea conditions, current, source and 
receiver depth, water depth, water chemistry, and bottom composition 
and topography. The general formula for underwater TL is:

TL = B * Log10 (R1/R2)

Where:

TL = transmission loss in dB
B = transmission loss coefficient; for practical spreading equals 15
R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement

    The recommended TL coefficient for most nearshore environments is 
the practical spreading value of 15. This value results in an expected 
propagation environment that would lie between spherical and 
cylindrical spreading loss conditions, which is the most appropriate 
assumption for the WSDOTs activities in the absence of specific 
modelling. The estimated Level B harassment zones for the WSDOTs 
activities are shown in tables 4 and 5.

Level A Harassment Zones

    The ensonified area associated with Level A harassment is more 
technically challenging to predict due to the need to account for a 
duration component. Therefore, NMFS developed an optional user 
spreadsheet tool to accompany the Technical Guidance that can be used 
to relatively simply predict an isopleth distance for use in 
conjunction with marine mammal density or occurrence to help predict 
potential takes. We note that because of some of the assumptions 
included in the methods underlying this optional tool, we anticipate 
that the resulting isopleth estimates are typically going to be 
overestimates of some degree, which may result in an overestimate of 
potential take by Level A harassment. However, this optional tool 
offers the best way to estimate isopleth distances when more 
sophisticated modeling methods are not available or practical. For 
stationary sources such as pile installation and removal, the optional 
User Spreadsheet tool predicts the distance at which, if a marine 
mammal remained at that distance for the duration of the activity, it 
would be expected to incur PTS. Inputs used in the optional User 
Spreadsheet tool (e.g., number of piles per day, during and/or strikes 
per pile) are presented in table 1 of the proposed IHA Federal Register 
notice (89 FR 61064; July 30, 2024), and the resulting estimated 
isopleths and ensonified areas are reported in tables 4 and 5 below.

                                                      Table 4--Level A and Level B Harassment Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Level A harassment zone (m)
                                                                             -----------------------------------------------------------     Level B
             Pile size and type                     Pile driving method            LF           MF           HF                          harassment zone
                                                                               cetaceans    cetaceans    cetaceans    Phocids   Otarids        (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch steel...............................  Vibratory removal.............          3.2          0.3          4.7       1.9       0.1            1,585
24-inch steel...............................  Vibratory installation and             65.8          5.8         97.3      40.0       2.8       \a\ 15,410
                                               removal.
24-inch steel...............................  Impact installation...........         75.9          2.7         90.4      40.6       3.0              736
30-inch steel...............................  Vibratory installation........         50.2          4.5         74.3      30.5       2.1       \a\ 15,410
78-in steel.................................  Vibratory installation........         50.2          4.5         74.3      30.5       2.1       \a\ 15,410
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Land is reached at a maximum of 15,410 km/9.6 miles.


                                                      Table 5--Level A and Level B Ensonified Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Level A ensonified area (m\2\)
                                                                             -----------------------------------------------------------     Level B
             Pile size and type                     Pile driving method            LF           MF           HF                          harassment zone
                                                                               cetaceans    cetaceans    cetaceans    Phocids   Otarids        (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch steel...............................  Vibratory removal.............          8.0         0.07         17.4       2.8     0.007        3,247,392
24-inch steel...............................  Vibratory installation and          4,524.5          5.7        6,418   1,294.6      7.07       75,844,286
                                               removal.
24-inch steel...............................  Impact installation...........         75.9          2.7         90.4      40.6       3.0          861,188
30-inch steel...............................  Vibratory installation........      1,979.2         15.9        4,336     730.6       3.5       75,844,286
78-inch steel...............................  Vibratory Installation........      1,979.2         15.9        4,336     730.6       3.5       75,844,286
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 76809]]

Marine Mammal Occurrence and Take Estimation

    In this section we provide information about the occurrence of 
marine mammals, including density or other relevant information which 
will inform take incidental to WSDOTs pile driving activities for the 
Seattle Slip 3 VTS Replacement Project. Throughout this section the 
pile installation or removal will be referred to as ``pile driving'' 
unless specified otherwise. From 2017 through 2021 WSDOT monitored for 
marine mammals in Elliott Bay for the Seattle Multimodal Project. 
During this time, marine mammal monitoring occurred for 377 days. Since 
the Seattle Multimodal Project occurred in Elliott Bay, WSDOT 
considered this marine mammal monitoring data to be the most 
comprehensive and relevant for estimating take for the Seattle Slip 3 
VTS Replacement Project. Therefore, this data compiled all of these 
monitoring results and calculated total sightings, average sightings 
per day, and maximum sightings per day for all species of marine 
mammals that were observed (table 6). WSDOT used their best 
professional judgement and used this data to estimate take by 
multiplying maximum sighting per day by 19, which is the maximum number 
of in-water working days WSDOT estimates it would take to complete the 
project in a total worst case scenario.
    NMFS has carefully evaluated these methods and concludes that it is 
an accurate and appropriate method for estimating take for WSDOTs 
activities for this project.

                        Table 6--Marine Mammals Sighted at the Seattle Multimodal Project
----------------------------------------------------------------------------------------------------------------
                                                          Average         Maximum
                                           Total        individuals     individuals
               Species                  individuals     sighted/day   sighted in one-       Take requested
                                        sighted \a\   (377 days) \a\      day \a\
----------------------------------------------------------------------------------------------------------------
Harbor seal.........................           2,271             6.0              32  Yes.
Northern elephant seal..............               1           0.003               1  Yes.
California sea ion..................           3,669             9.7              29  Yes.
Steller sea ion.....................             112             0.3              10  Yes.
Unidentified pinniped...............             121             N/A             N/A  N/A.
Killer whale Southern resident......             170             0.5              26  No.
Killer whale transient..............              79             0.2              20  Yes.
Gray whale..........................               5            0.01               2  Yes.
Humpback whale......................               8            0.02               1  No.
Minke whale.........................               3           0.008               1  Yes.
Unidentified large whale............               2             N/A               1  N/A.
Unidentified small whale............              10             N/A             N/A  N/A.
Harbor porpoise.....................             655             1.7              72  Yes.
Dall's porpoise.....................               8            0.02               5  Yes.
Common bottlenose dolphin...........               6            0.02               2  Yes.
Pacific white-sided dolphin.........               2           0.005               2  Yes.
Long-beaked common dolphin..........               0             N/A               0  Yes.
Unidentified dolphin/porpoise.......              46             N/A               6  N/A.
----------------------------------------------------------------------------------------------------------------
\a\ WSDOT 2022.

    Gray Whale--Although gray whales are common on the southern ends of 
Whidbey and Camano Islands in the Puget Sound February through May, 
they are rarely sighted in the construction area (Calambokidis et. al. 
2024). During the Seattle multimodal project only five gray whales were 
detected over 377 days of monitoring with a maximum of two individuals 
observed on a single day (WSDOT 2022). WSDOT estimated that up to 2 
gray whales could be taken per day for the 19 days of construction, for 
a total of 38 takes by Level B harassment.
    Since Seattle Slip 3 VTS Replacement Project construction would 
occur from August through mid-February, gray whales occurrence is 
expected to be relatively low. In this context, and given that gray 
whales are highly conspicuous, we have a high degree of confidence that 
WSDOT can successfully implement shutdowns as necessary to avoid any 
potential Level A harassment of gray whales. WSDOT must also monitor 
the Orca Network and the Whale Report Alert System (WRAS) daily in 
order to maintain awareness of regional whale occurrence and movements 
(see Mitigation and Monitoring and Reporting sections below). 
Therefore, take of gray whales by Level A harassment is not anticipated 
or authorized.
    Minke Whale--Minke whales are uncommon during fall and winter 
months in the Puget Sound but are rarely sighted in the construction 
area (Calambokidis and Baird 1994). During the Seattle Multimodal 
Project only three minke whale detections occurred over 377 days of 
monitoring with a maximum of one detection on a single day (WSDOT 
2022). WSDOT estimated that up to 1 minke whale could be taken per day 
for the 19 days of construction, for a total of 19 takes by Level B 
harassment.
    Since the Seattle Slip 3 VTS Replacement Project construction would 
occur from August through mid-February, minke whale occurrence is 
expected to be relatively low. In these circumstances, and given that 
minke whales are highly conspicuous, we have a high degree of 
confidence that WSDOT can successfully implement shutdowns as necessary 
to avoid any potential Level A harassment of minke whales. WSDOT must 
also monitor the Orca Network and the WRAS daily in order to maintain 
awareness of regional whale occurrence and movements (see Mitigation 
and Monitoring and Reporting sections below). Therefore, take of minke 
whales by Level A harassment is not anticipated or authorized.
    Transient Killer Whale--Transient killer whales are common in in 
the Puget Sound in all months and a total of 79 transient killer whale 
detections occurred over 377 days of monitoring for the Seattle 
Multimodal Project with a maximum of 20 detections in a single day 
(Orca Network 2021, WSDOT 2022). WSDOT estimated that up to 20 
incidents of take for transient killer whales could occur per day for 
19 days of construction, for a total of 380 takes by Level B 
Harassment. Transient killer whales are common in the Puget Sound and 
are highly conspicuous.

[[Page 76810]]

    The largest Level A harassment zone for mid-frequency cetaceans for 
all construction for the Seattle Slip 3 VTS Replacement Project is less 
than 6 m. It is highly unlikely that any cetacean would enter within 6 
m of active pile driving, and no take by Level A harassment for any 
mid-frequency cetacean is expected to occur. WSDOT must also monitor 
the Orca Network and the WRAS daily in order to maintain awareness of 
regional whale occurrence and movements (see Mitigation and Monitoring 
and Reporting sections below). Therefore, take of transient killer 
whales by Level A harassment is not anticipated or authorized.
    Bottlenose Dolphin--Bottlenose dolphins are considered to be rare 
in the Puget Sound but they were detected by the Cascadia Research 
Collective and reported via the Orca Network in 2017 (Cascadia Research 
Collective, 2017). They were also detected on six occasions with a 
maximum of two detections on a single day during the Seattle Multimodal 
Project (WSDOT 2022). WSDOT estimated that up to 2 bottlenose dolphins 
could be taken per day for the 19 days of construction, for a total of 
38 takes by Level B harassment.
    The largest Level A harassment zone for mid-frequency cetaceans for 
all construction of the Seattle Slip 3 VTS Replacement Project is less 
than 6 m. It is highly unlikely that any cetacean would enter within 6 
m of active pile driving, and no take by Level A harassment for any 
mid-frequency cetacean is expected to occur. WSDOT must also monitor 
the Orca Network and the WRAS daily in order to maintain awareness of 
regional whale occurrence and movements (see Mitigation and Monitoring 
and Reporting sections below). Therefore, take of bottlenose dolphins 
by Level A harassment is not anticipated or authorized.
    Long-Beaked Common Dolphin--No confirmed detections of long-beaked 
common dolphins occurred during the Seattle Multimodal Project but six 
unidentified delphinids were observed (WSDOT 2022). WSDOT assumed that 
up to two of these unidentified delphinids could have been long-beaked 
common dolphins. Therefore, WSDOT estimated that up to 2 long-beaked 
common dolphins could be taken per day for the 19 days of construction, 
for a total of 38 takes by Level B harassment.
    The largest Level A harassment zone for mid-frequency cetaceans for 
all construction of the Seattle Slip 3 VTS Replacement Project is less 
than 6 m. It is highly unlikely that any cetacean would enter within 6 
m of active pile driving, and no take by Level A harassment for any 
mid-frequency cetacean is expected to occur. WSDOT must also monitor 
the Orca Network and the WRAS daily in order to maintain awareness of 
regional whale occurrence and movements (see Mitigation and Monitoring 
and Reporting sections below). Therefore, take of long-beaked common 
dolphins by Level A harassment is not anticipated or authorized.
    Pacific White-Sided Dolphin--Pacific white-sided dolphins are rare 
in the Puget Sound but have been observed in San Juan Channel (Orca 
Network 2012). Two Pacific white sided dolphins were also observed 
during the Seattle Multimodal Project (WSDOT 2022). WSDOT estimated 
that up to 2 Pacific white-sided dolphins could be taken per day for 
the 19 days of construction, for a total of 38 takes by Level B 
harassment.
    The largest Level A harassment zone for mid-frequency cetaceans for 
all construction of the Seattle Slip 3 VTS Replacement Project is less 
than 6 m. It is highly unlikely that any cetacean would enter within 6 
m of active pile driving, and no take by Level A harassment for any 
mid-frequency cetacean is expected to occur. WSDOT must also monitor 
the Orca Network and the WRAS daily in order to maintain awareness of 
regional whale occurrence and movements (see Mitigation and Monitoring 
and Reporting sections below). Therefore, take of Pacific white-sided 
dolphins by Level A harassment is not anticipated or authorized.
    Dall's Porpoise--Dall's porpoises are considered rare within the 
project area. WSDOT recorded only eight detections over 377 days of 
monitoring during the Seattle Multimodal Project (WSDOT 2022). WSDOT 
estimated that up to 5 Dall's porpoises could be taken per day for the 
19 days of construction, for a total of 95 takes by Level B harassment.
    The largest Level A harassment zone for high-frequency cetaceans 
for all construction of the Seattle Slip 3 VTS Replacement Project is 
less than 100 m. Due to the relatively short duration of construction 
for the Seattle Slip 3 VTS Replacement Project and infrequent 
detections of Dall's porpoises, WSDOT estimated that no Dall's 
porpoises would be likely to enter the Level A harassment zone. Take by 
Level A harassment of Dall's porpoises is not anticipated or 
authorized.
    Harbor Porpoise--From 2017 through 2022, WSDOT recorded 655 
detections of harbor porpoises with a maximum of 72 detections on a 
single day (WSDOT 2022). WSDOT estimated that up to 72 instances of 
take for harbor porpoises could occur per day for the 19 days of 
construction, for a total of 1,368 takes by Level B harassment.
    The largest Level A harassment zone for high-frequency cetaceans is 
under 100 m. Although harbor porpoises are relatively common in the 
Puget Sound, we assume that WSDOT would be able to cease construction 
if harbor porpoises entered the Level A harassment zone before 
sufficient duration of exposure for PTS to occur. Take by Level A 
harassment is not anticipated or authorized.
    California Sea Lion--California sea lions are relatively common 
throughout the Puget Sound. During the Seattle Multimodal Project a 
maximum of 29 sea lions were detected on a single day with a total of 
3,669 sightings over the 377 days of monitoring (WSDOT 2022). WSDOT 
estimated that 32 California sea lions would enter the Level B 
harassment zone for each of the 19 days of construction, for a total of 
551 takes by Level B harassment.
    The largest Level A harassment zone for Otariids for all 
construction of the Seattle Slip 3 VTS Replacement Project is less than 
3 m. It is highly unlikely that any Otariids would enter within 3 m of 
active pile driving, and no take by Level A harassment for any mid-
frequency cetacean is expected to occur. Therefore, take of California 
sea lions by Level A harassment is not anticipated or authorized.
    Steller Sea Lion--Monitoring during the Seattle Multimodal Project 
recorded 112 detections of Steller sea lions over 377 days of 
monitoring, which is less than 1 detection per day. However, a maximum 
of 10 detections were recorded in a single day. Therefore, WSDOT 
estimated that 10 Steller sea lions would enter the Level B harassment 
zone each day for the 19 days of construction of the project, for a 
total of 190 takes by Level B harassment.
    The largest Level A harassment zone for Otariids for all 
construction of the Seattle Slip 3 VTS Replacement Project is less than 
3 m. It is highly unlikely that any Otariids would enter within 3 m of 
active pile driving, and no take by Level A harassment for any mid-
frequency cetacean is expected to occur. Therefore, take of steller sea 
lions by Level A harassment is not anticipated or authorized.
    Harbor Seal--Harbor seals are common in the project area. During 
the Seattle Multimodal Project WSDOT recorded an average of 6 harbor 
seal detections per day and a maximum of

[[Page 76811]]

32 in a single day (WSDOT 2022). WSDOT estimated that a maximum of 32 
harbor seals will enter the Level B harassment zones for each of the 19 
days of construction, for a total of 608 takes by Level B harassment.
    The largest Level A harassment zone for high-frequency phocids is 
under 41 m. Although harbor seals are relatively common in the Puget 
Sound, we assume that WSDOT would be able to cease construction if 
harbor seals entered the Level A harassment zone before sufficient 
duration of exposure for PTS to occur. Take by Level A harassment is 
not anticipated or authorized.
    Northern Elephant Seal--Although northern elephant seals are rare 
in the Puget Sound, one individual was detected during the Seattle 
Multimodal Project. Since northern elephant seals are rare in the 
construction area, WSDOT estimated that a maximum of one elephant seal 
would enter the Level B harassment zone per day for each of the 19 days 
of construction. A total of 19 takes by Level B harassment is estimated 
for northern elephant seals for construction associated with the 
Seattle Slip 3 VTS Replacement Project.
    Similar to harbor seals, the largest harassment zone is less than 
41 m for all construction activities. Given the anticipated rarity of 
occurrence for elephant seals, WSDOT does not expect northern elephant 
seals to enter Level A harassment zones without being detected prior to 
shutdown. Construction will cease if a northern elephant seal is 
observed entering Level A harassment zone. Therefore, no take by Level 
A harassment of northern elephant seals is anticipated or authorized.

       Table 7--Estimated Take of Marine Mammal by Level B Harassment for 19 Days of In-Water Construction
----------------------------------------------------------------------------------------------------------------
                                                                      Maximum     Total takes by
                             Species                               sightings/day      Level B       Percent of
                                                                        \a\         harassment         stock
----------------------------------------------------------------------------------------------------------------
Phocids:
    Harbor seal.................................................              32             608            5.51
    Northern elephant seal......................................               1              19            0.02
Otariids:
    California sea lion.........................................              29             551            0.24
    Steller sea lion............................................              10             190            0.23
Cetaceans:
    Killer whale transient......................................              20             380             110
    Gray whale..................................................               2              38            0.15
    Minke whale.................................................               1              19             3.7
    Harbor porpoise.............................................              72           1,368            16.5
    Dall's porpoise.............................................               5              95            0.37
    Common bottlenose dolphin...................................               2              38             3.0
    Pacific white-sided dolphin.................................               2              38            0.13
    Long-beaked common dolphin..................................               5              38            0.05
----------------------------------------------------------------------------------------------------------------
\a\ WSDOT 2022.

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.

Shutdown Zones

    Prior to the start of any in-water construction, WSDOT must 
establish shutdown zones for all planned activities. Shutdown zones are 
pre-defined areas within which construction will be halted upon 
sightings of a marine mammal or in anticipation of a marine mammal 
entering the established shutdown zones. Pile-driving will not re-
commence until all marine mammals are assumed to have cleared these 
established shutdown zones.
    WSDOT must establish shutdown zones for Southern Resident killer 
whales (SRKWs) and humpback whales (HWs) at the Level B harassment zone 
for the vibratory removal of 14-in piles at 1,600 m and at 750 m for 
impact driving 24-in piles (table 4 and table 8). These shutdown zones 
are the Level B harassment zone rounded up to the nearest 50 m for each 
pile size and driving method. Shutdown zones for the remaining pile-
driving for SRKWs and HWs will be established at 15,410 m, which is 
equivalent to the maximum Level B harassment area before it reaches 
land.
    The largest Level A harassment zone for the vibratory removal of 
14-in piles is 3.2 m for all cetaceans and pinnipeds. However, WSDOT 
will implement a shutdown zone at 50 m for removal of 14-in piles. The 
shutdown zones for the

[[Page 76812]]

remaining pile-driving activities will be established at 100 m for all 
hearing groups of cetaceans (except SRKWs and HWs, as discussed above) 
and 50 m for all pinnipeds. The largest Level A harassment zone amongst 
all hearing groups of cetaceans would be 97.3 m for the remaining pile-
driving (table 4). The largest Level A harassment zone amongst 
pinnipeds will be 40.6 m for the remaining pile driving (table 4). With 
WSDOTs established shutdown zones, all incidental take will be 
prevented for SRKWs and HWs and only take by Level B harassment is 
authorized to occur for the remaining species of cetaceans and 
pinnipeds.
    WSDOT will also establish shutdown zones for all other species of 
marine mammals for which take has not been authorized or for which 
incidental take has been authorized but the number of authorized takes 
has already been met. Those zones will be equivalent to Level B 
harassment zones provided for each activity in table 4.
    In addition to the shutdown zones mentioned above, WSDOT proposes 
to implement shutdown measures for SRKWs and HWs. If SRKWs or HWs are 
observed within or approaching established shutdown zones (see table 
8), WSDOT will shut down pile driving equipment to avoid take of these 
species. If a killer whale approaches a Level B harassment zone, and it 
is unknown if it is a SRKW or a Transient killer whale, WSDOT would 
assume it is a SRKW and implement shutdown measures. Pile driving would 
only resume if the killer whale could be confirmed as a Transient 
killer whale.

                         Table 8--Shutdown Zones for All Pile-Driving Activities for the Seattle Slip 3 VTS Replacement Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Shutdown zones (m)
                                                                             -----------------------------------------------------------   SRKW and HW
             Pile size and type                     Pile driving method            LF           MF           HF                           shutdown zones
                                                                               cetaceans    cetaceans    cetaceans    Phocids   Otarids        (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-in steel.................................  Vibratory removal.............           50           50           50        50        50            1,600
24-in steel.................................  Vibratory installation and              100          100          100        50        50         * 15,410
                                               removal.
24-in steel.................................  Impact installation...........          100          100          100        50        50              750
30-in steel.................................  Vibratory installation........          100          100          100        50        50         * 15,410
78-in steel.................................  Vibratory Installation........          100          100          100        50        50         * 15,410
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 15,410 m is the maximum distance sound can travel before reaching land.

Protected Species Observers

    The monitoring locations for all PSOs during all pile driving 
activities (described in the Monitoring and Reporting Section) will 
ensure that the entirety of all shutdown zones are visible. If 
environmental conditions deteriorate such that the entirety of shutdown 
zones would not be visible (e.g., fog, heavy rain, Beaufort sea state, 
etc.,) all pile driving must be delayed until PSOs are confident that 
marine mammals in the shutdown zones could be detected.

Monitoring for Level A and Level B Harassment

    All of the harassment zones will be monitored by PSOs to the extent 
practicable. Established monitoring zones will allow PSOs to observe 
marine mammals and define clear monitoring protocols for areas adjacent 
to shutdown zones. The monitoring zones and protocols will enable PSOs 
to be aware of and communicate the presence of marine mammals in 
project areas and outside of project areas to prepare for potential 
cessation of pile driving activities should a marine mammal enter a 
shutdown zone.

Pre-Activity Monitoring

    Prior to the start of daily in-water construction activities, or 
whenever a break in pile driving of 30 minutes or longer occurs, PSOs 
must observe shutdown and monitoring zones for a 30 minute period. The 
shutdown zone will be considered cleared when a marine mammal has not 
been observed within the zone for that 30-minute period. If pile 
driving is delayed or halted due to the presence of a marine mammal, 
the activities may not commence or resume until either the animal has 
voluntarily exited and been visually confirmed beyond the shutdown 
zones or 15 minutes have passed without re-detection of the animal. 
When a marine mammal for which Level B harassment take is authorized is 
present in the Level B harassment zone and authorized take has not been 
met, activities may begin. If work ceases for more than 30 minutes, the 
pre-activity monitoring of the shutdown zones must commence. A 
determination that the shutdown zone is clear must be made during a 
period of good visibility (i.e., the entire shutdown zone and 
surrounding waters must be visible to the naked eye).

Soft Start

    Soft-start procedures are used to provide additional protection to 
marine mammals by providing warning and/or giving marine mammals a 
chance to leave the area prior to the hammer operating at full 
capacity. For impact pile driving, contractors are required to provide 
an initial set of three strikes from the hammer at reduced energy, 
followed by a 30-second waiting period, then two subsequent reduced-
energy strike sets. Soft start must be implemented at the start of each 
day's impact pile driving and at any time following cessation of impact 
pile driving for a period of 30 minutes or longer.

Bubble Curtain

    A bubble curtain will be employed during impact installation or 
proofing of steel piles, unless the piles are driven in the dry, or 
water is less than 3 ft (feet) (0.9 m) in depth. A noise attenuation 
device is not be required during vibratory pile driving. If a bubble 
curtain or similar measure is used, it must distribute air bubbles 
around 100 percent of the piling perimeter for the full depth of the 
water column. Any other attenuation measure would be required to 
provide 100 percent coverage in the water column for the full depth of 
the pile. The lowest bubble ring must be in contact with the mudline 
for the full circumference of the ring. The weights attached to the 
bottom ring would ensure 100 percent mudline contact. No parts of the 
ring or other objects will prevent full mudline contact.
    Based on our evaluation of the applicant's mitigation measures, 
NMFS determined that the established 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

[[Page 76813]]

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 during pile driving activities must be 
conducted by PSOs meeting NMFS' standards and in a manner consistent 
with the following:
     PSOs must be independent of the activity contractor (for 
example, employed by a subcontractor) and have no other assigned tasks 
during monitoring periods;
     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
     Where a team of three or more PSOs is required, a lead 
observer or monitoring coordinator would be designated. The lead 
observer would be required to have prior experience working as a marine 
mammal observer during construction.
     PSOs must be approved by NMFS prior to beginning any 
activities subject to this IHA.
    PSOs must have the following additional qualifications:
     Ability to conduct field observations and collect data 
according to assigned protocols;
     Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
     Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was not implemented when required); 
and marine mammal behavior; and
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    During all pile driving activities, a minimum of three PSO will 
monitor shutdown zones during pile driving activities. A total of three 
PSOs will monitor the area for the vibratory removal 14-in steel H-
piles, two PSOs will monitor from the construction site and the other 
PSO will monitor from Pier 69/70. For the vibratory installation and 
removal of 24, 30, and 78-in steel pipe piles eight PSOs will monitor 
shutdown zones. PSOs as described above, one PSO will be stationed on 
each of the Seattle-Bainbridge Island Ferries (two PSOs in total on 
ferries), one PSO stationed at Alki Beach Pier on the south end of 
Elliott Bay, one PSO stationed at Magnolia Viewpoint on the north end 
of Elliott Bay, one PSO station at Rolling Bay on Bainbridge Island, 
and another PSO stationed at Rockaway Beach on Bainbridge Island. 
During impact pile driving 24-in steel pipe piles, two PSOs will be 
stationed at the construction site and an additional PSO will be 
stationed at pier 62 at the north end of the SRKW and HW shutdown zones 
(figure 1). If one of the Seattle-Bainbridge Island Ferries is delayed 
or inoperable during pile installation described above, then WSDOT must 
place the second ferry PSO at Creosote Bench Park on Bainbridge Island 
as an alternate monitoring location (figure 2).
    Monitoring must be conducted 30 minutes before, during, and 30 
minutes after all in water construction activities. In addition, 
observers must record all incidents of marine mammal occurrence, 
regardless of distance from activity, and will document any behavioral 
reactions in concert with distance from piles being driven or removed. 
Pile driving activities include the time to install or remove a single 
pile or series of piles, as long as the time elapsed between uses of 
the pile driving equipment is no more than 30 minutes.
BILLING CODE 3510-22-P

[[Page 76814]]

[GRAPHIC] [TIFF OMITTED] TN19SE24.000


[[Page 76815]]


[GRAPHIC] [TIFF OMITTED] TN19SE24.001

BILLING CODE 3510-22-C

Coordination With Marine Mammal Research Networks

    Prior to the start of pile driving for the day, the PSOs will 
contact the Orca Network to find out the location of the nearest marine 
mammal sightings. Daily sightings information will be checked several 
times a day. The Orca Network consists of a list of over 600 (and 
growing) residents, scientists, and government agency personnel in the 
United States and Canada. Sightings are called or emailed into the Orca 
Network and immediately distributed to the NMFS Northwest Fisheries 
Science Center, the Center for Whale Research, Cascadia Research, the 
Whale Museum Hotline, and the British Columbia Sightings Network.
    Sightings information collected by the Orca Network includes 
detection by hydrophone. The SeaSound Remote Sensing Network is a 
system of interconnected hydrophones installed in the marine 
environment of Haro Strait (west side of San Juan Island) to study orca 
communication, in-water noise, bottom fish ecology, and local climatic 
conditions. A hydrophone at the Port Townsend Marine Science Center 
measures average in-water sound levels and automatically detects 
unusual sounds. These passive acoustic devices allow researchers to 
hear when different marine mammals come into the region. This acoustic 
network, combined with the volunteer visual sighting network allows 
researchers to document presence and location of various marine mammal 
species.
    WSDOT also participates in the Whale Report Alert System (WRAS/
WhaleReport Alert System--Ocean Wise). In October 2018, the Ocean Wise 
Sightings Network (formerly the B.C. Cetacean Sightings Network) 
launched an alert system that broadcasts details of whale presence to 
large commercial vessels. Information on whale presence is obtained 
from real-time observations reported to the Ocean Wise Sightings 
Network via the WhaleReport app. The alerts inform shipmasters and 
pilots of cetacean occurrence in their vicinity. This awareness better 
enables vessels to undertake adaptive mitigation measures, such as 
slowing down or altering course in the presence of cetaceans, to reduce 
the risk of collision and disturbance.
    All WSDOT ferry vessel crews have been trained in the use of WRAS, 
and input new sightings of cetaceans so data would be available to 
other vessels and to PSOs on the project. The lead PSO will check the 
WRAS sightings regularly during the day to be aware of cetaceans 
approaching the shutdown zones.
    With this level of coordination in the region of activity, WSDOT 
would be able to get additional real-time information on the presence 
or absence of cetaceans prior to start of in-water construction each 
day.

Reporting

    A draft marine mammal monitoring report must be submitted to NMFS 
within 90 days after the completion of pile driving activities, or 60 
days prior to a requested date of issuance of any future IHAs for the 
project, or other projects at the same location, whichever comes first. 
The marine mammal report would include an overall description of

[[Page 76816]]

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: (a) How many and what type of piles were 
driven or removed and the method (i.e., impact or vibratory); and (b) 
the total duration of time for each pile (vibratory driving) number of 
strikes for each pile (impact driving);
     PSO locations during marine mammal monitoring; and
     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.
    For each observation of a marine mammal, the following must be 
reported:
     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 or hole being drilled for each 
sighting;
     Estimated number of animals (min/max/best estimate);
     Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.);
     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 specified 
actions that ensued, and resulting changes in behavior of the 
animal(s), if any.
    If no comments are received from NMFS within 30 days, the draft 
reports would constitute the final reports. If comments are received, a 
final report addressing NMFS' comments is required to be submitted 
within 30 days after receipt of comments. All PSO datasheets and/or raw 
sighting data must be submitted with the draft marine mammal report.
    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, WSDOT must report the 
incident to the Office of Protected Resources (OPR) 
([email protected]), NMFS and to the West Coast Region 
(WCR) regional stranding coordinator as soon as feasible. If the death 
or injury was clearly caused by the specified activity, WSDOT 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 IHAs. WSDOT will not resume their activities until notified by 
NMFS.
    The report must include the following information:
    1. Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    2. Species identification (if known) or description of the 
animal(s) involved;
    3. Condition of the animal(s) (including carcass condition if the 
animal is dead);
    4. Observed behaviors of the animal(s), if alive;
    5. If available, photographs or video footage of the animal(s); and
    6. General circumstances under which the animal was discovered.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any impacts or responses (e.g., intensity, duration), 
the context of any impacts or responses (e.g., critical reproductive 
time or location, foraging impacts affecting energetics), as well as 
effects on habitat, and the likely effectiveness of the mitigation. We 
also assess the number, intensity, and context of estimated takes by 
evaluating this information relative to population status. Consistent 
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338, 
September 29, 1989), the impacts from other past and ongoing 
anthropogenic activities are incorporated into this analysis via their 
impacts on the baseline (e.g., as reflected in the regulatory status of 
the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    Pile driving and removal activities associated with this project 
have the potential to disturb or displace marine mammals. The 
activities for this project may result in incidental take, in the form 
of Level B harassment, from underwater sound generated from pile 
driving or removal. Potential takes could occur if marine mammals are 
present in the ensonified zone when pile driving activities are 
underway.
    The takes from Level B harassment would be due to potential 
behavioral disturbance and TTS. No serious injury or mortality is 
anticipated given the nature of the activities and measures designed to 
minimize the possibility of injury to marine mammals. The potential for 
harassment is minimized through the construction method and the 
implementation of the planned mitigation measures (see Mitigation 
section).
    To avoid repetition, the discussion of our analysis applies to all 
the species listed in table 1, given that the anticipated effects of 
this activity on these different marine mammal stocks are expected to 
be similar in nature. Where there are special circumstances for a 
species or stock (e.g., gray whales), they are included as a separate 
subsection below.
    NMFS has identified key factors which may be employed to assess the 
level of analysis necessary to conclude whether potential impacts 
associated with a specified activity should be considered negligible. 
These include (but are not limited to) the type and magnitude of 
taking, the amount and importance of the available habitat for the 
species or stock that is affected, the duration of the anticipated 
effect to the species or stock, and the status of the species or stock. 
The following factors support negligible impact determinations for all 
affected stocks.
    No take by Level A harassment is anticipated or authorized 
incidental to the Seattle Slip 3 VTS Replacement Project. However, take 
by Level B

[[Page 76817]]

harassment is expected and authorized for 12 marine mammal species. 
Effects on individuals that are taken by Level B harassment, on the 
basis of reports in the literature as well as monitoring from other 
similar activities, will likely be limited to reactions such as area 
avoidance, increased swimming speeds, increased surfacing time, or 
decreased foraging (if such activity were occurring) (e.g., Thorson and 
Reyff 2006 and NMFS 2018). Individual marine mammals would most likely 
move away from sound sources and temporarily avoid the ensonified area 
while pile driving is occurring. If the sound produced from the 
construction activities is sufficiently disturbing, marine mammals are 
likely to simply avoid the area while activities are occurring, 
particularly as the project is located on a busy waterfront with high 
amounts of vessel traffic. We expect that any avoidance of the project 
areas by marine mammals would be temporary in nature and that any 
marine mammals that avoid the project areas during construction would 
not be permanently displaced. Short-term avoidance of the project areas 
and energetic impacts of interrupted foraging or other important 
behaviors is unlikely to affect the reproduction or survival of 
individual marine mammals, and the effects of behavioral disturbance on 
individuals is not likely to accrue in a manner that would affect the 
rates of recruitment or survival of any affected stock.
    The projects are also not expected to have significant adverse 
effects on affected marine mammals' habitats. The project activities 
will not modify existing marine mammal habitat for a significant amount 
of time. The activities may cause some fish to leave the area of 
disturbance, thus temporarily impacting marine mammals' foraging 
opportunities in a limited portion of the foraging range; but, because 
of the short duration of the activities and the relatively small area 
of the habitat that may be affected (with no known particular 
importance to marine mammals), the impacts to marine mammal habitat are 
not expected to cause significant or long-term negative consequences. 
Aside from the biologically important area (BIA) for gray whales 
described below, there are no known areas of importance for other 
marine mammals, such as feeding or pupping areas, in the project area.
    For all species and stocks, take would occur within a limited, 
relatively confined area (Elliott Bay within central Puget Sound) of 
the stocks' ranges. Given the availability of suitable habitat nearby, 
any displacement of marine mammals from the project areas is not 
expected to affect marine mammals' fitness, survival, and reproduction 
due to the limited geographic area that will be affected in comparison 
to the much larger habitat for marine mammals in Puget Sound. Level B 
harassment will be reduced to the level of least practicable adverse 
impact to the marine mammal species or stocks and their habitat through 
use of mitigation measures described herein. Some individual marine 
mammals in the project areas may be present and be subject to repeated 
exposure to sound from pile driving on multiple days. However, these 
individuals would likely return to normal behavior during gaps in pile 
driving activity. The Seattle waterfront is a busy area and monitoring 
reports from previous in water pile driving activities indicate that 
marine mammals remain in Elliott Bay and the central Puget Sound area 
throughout pile driving activities. Therefore, any behavioral effects 
of repeated or long duration exposures are not expected to negatively 
affect survival or reproductive success of any individuals. Thus, even 
repeated Level B harassment of some small subset of an overall stock is 
unlikely to result in any effects on rates of reproduction and survival 
of the stock.

Gray Whales

    The Puget Sound is part of a BIA for gray whales as they migrate 
between the Arctic and Mexico (Calambokidis et al., 2024). Although the 
project area is located within the Puget Sound, the gray whale BIA does 
not overlap with the ensonified zones and gray whales typically remain 
further north around Whidbey and Camano Islands (Calambokidis et al., 
2018). Gray whales are also rarely seen in the project area. This 
suggests that impacts from the project would have minimal to no impact 
on the migration of gray whales in the BIA, and would therefore not 
affect reproduction or survival.
    There was an unusual mortality event (UME) for gray whales from 
2018 through 2023 (see the Description of Marine Mammals in the Area of 
Specified Activities section of this notice). However, we do not expect 
authorized takes for this project to have any additional affects to 
reproduction or survival. As mentioned previously, no take by Level A 
harassment, serious injury or mortality is expected. Takes authorized 
by Level B harassment of gray whales would be in the form of behavioral 
disturbance. The results from necropsies showed evidence that gray 
whale nutritional condition was poor during the UME. The area that 
would be temporarily impacted from construction does not overlap with 
the gray whale feeding BIA in the northern Puget Sound. Therefore, the 
construction associated with the Seattle Slip 3 VTS Replacement Project 
is unlikely to disrupt any critical behaviors (e.g. feeding) or have 
any effect on reproduction or survival of gray whales.
    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 any of the species or stocks 
through effects on annual rates of recruitment or survival:
     No serious injury or mortality is anticipated or 
authorized;
     Level A harassment is not anticipated or authorized for 
all 12 marine mammal species;
     Level B harassment would be in the form of behavioral 
disturbance, primarily resulting in avoidance of the project areas 
around where impact or vibratory pile driving is occurring, and some 
low-level TTS that may limit the detection of acoustic cues for 
relatively brief amounts of time in relatively confined footprint of 
the activities;
     Nearby areas of similar habitat value within Puget Sound 
are available for marine mammals that may temporarily vacate the 
project areas during construction activities for both projects;
     Effects on species that serve as prey for marine mammals 
from the activities are expected to be short-term and, therefore, any 
associated impacts on marine mammal feeding are not expected to result 
in significant or long-term consequences for individuals, or to accrue 
to adverse impacts on their populations from either project;
     The number of anticipated takes by Level B harassment is 
relatively low for all stocks for both projects;
     The ensonifed areas from the project is very small 
relative to the overall habitat ranges of all species and stocks, and 
will not adversely affect ESA-designated critical habitat, or cause 
more than minor impacts in any BIAs or any other areas of known 
biological importance;
     The lack of anticipated significant or long-term negative 
effects to marine mammal habitat from the project;
     The efficacy of the mitigation measures in reducing the 
effects of the specified activities on all species and stocks for the 
project; and
     Monitoring reports from similar work in Puget Sound that 
have documented little to no effect on individuals of the same species 
that could be impacted by the specified activities from the project.

[[Page 76818]]

    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 determined 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 take of small numbers of marine mammals 
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be taken is fewer than one-third of the species or stock 
abundance, the take is considered to be of small numbers. Additionally, 
other qualitative factors may be considered in the analysis, such as 
the temporal or spatial scale of the activities.
    For all species and stocks other than killer whales from the West 
Coast Transient stock, the authorized take is below one-third of the 
stock abundance. The authorized take of Transient killer whales as a 
proportion of the stock abundance is greater than one-third, if all 
takes are assumed to occur for different individuals. The project area 
represents a small portion of the stock's range from Alaska to 
California (Muto et al., 2019). Sighting reports from the Orca Network 
support that it is reasonable to suspect that the same individual 
Transient Killer whales would be present within the ensonified project 
area during the relatively short duration (19 days) of construction 
activities. Since the construction area represents a small portion of 
Transient killer whales range and construction would occur over a short 
period, it is more likely that there will be multiple takes of the same 
individuals.
    Based on the analysis contained herein of the construction 
activities (including the mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS determined 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 would 
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 ESA 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 or authorized 
for this activity. 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 evaluate our proposed action (i.e., the issuance of an IHA) 
and alternatives 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 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 has determined that the 
issuance of this IHA qualifies to be categorically excluded from 
further NEPA review.

Authorization

    NMFS has issued an IHA to WSDOT for the potential harassment of 
small numbers of 12 marine mammal species incidental to the Seattle 
Slip 3 VTS Replacement project in Seattle, Washington, that includes 
the previously explained mitigation, monitoring and reporting 
requirements.

    Dated: September 13, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-21287 Filed 9-18-24; 8:45 am]
BILLING CODE 3510-22-P
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