Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment Remediation Project, San Francisco Bay, 83459-83464 [2024-23797]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83459-83464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23797]



[[Page 83459]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE364]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment 
Remediation Project, San Francisco Bay

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

ACTION: Notice; request for comments on proposed renewal incidental 
harassment authorization.

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SUMMARY: NMFS received a request from Pacific Gas & Electric Company 
(PG&E) for the renewal of their currently active incidental harassment 
authorization (IHA) to take marine mammals incidental to construction 
associated with a sediment remediation project in San Francisco Bay, 
CA. Pursuant to the Marine Mammal Protection Act, prior to issuing the 
currently active IHA, NMFS requested comments on both the proposed IHA 
and the potential for renewing the initial authorization if certain 
requirements were satisfied. The renewal requirements have been 
satisfied, and NMFS is now providing an additional 15-day comment 
period to allow for any additional comments on the proposed renewal not 
previously provided during the initial 30-day comment period.

DATES: Comments and information must be received no later than October 
31, 2024.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
and should be submitted via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.
    Electronic copies of the original application, renewal request, and 
supporting documents (including NMFS Federal Register notices of the 
original proposed and final authorizations, and the previous IHA), as 
well as a list of the references cited in this document, may be 
obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Kristy Jacobus, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) 
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 
(as delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are 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 such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). NMFS must also prescribe requirements pertaining to 
monitoring and reporting of such takings. The definition of key terms 
such as ``take,'' ``harassment,'' and ``negligible impact'' can be 
found in the MMPA and the NMFS's implementing regulations (see 16 
U.S.C. 1362; 50 CFR 216.103).
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year 
renewal of an IHA following notice to the public providing an 
additional 15 days for public comments when (1) up to another year of 
identical, or nearly identical, activities as described in the Detailed 
Description of Specified Activities section of the initial IHA issuance 
notice is planned or (2) the activities as described in the Description 
of the Specified Activities and Anticipated Impacts section of the 
initial IHA issuance notice would not be completed by the time the 
initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the DATES section of the notice of 
issuance of the initial IHA, provided all of the following conditions 
are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal IHA effective date (recognizing that the renewal IHA 
expiration date cannot extend beyond 1 year from expiration of the 
initial IHA).
    2. The request for renewal must include the following:
     An explanation that the activities to be conducted under 
the requested renewal IHA are identical to the activities analyzed 
under the initial IHA, are a subset of the activities, or include 
changes so minor (e.g., reduction in pile size) that the changes do not 
affect the previous analyses, mitigation and monitoring requirements, 
or take estimates (with the exception of reducing the type or amount of 
take); and
     A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    3. Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal

[[Page 83460]]

service to commenters on the initial IHA, is provided to allow for any 
additional comments on the proposed renewal. A description of the 
renewal process may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any comments received on the 
potential renewal, along with relevant comments on the initial IHA, 
have been considered in the development of this proposed IHA renewal, 
and a summary of agency responses to applicable comments is included in 
this notice. NMFS will consider any additional public comments prior to 
making any final decision on the issuance of the requested renewal, and 
agency responses will be summarized in the final notice of our 
decision.

National Environmental Policy Act

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

History of Request

    On January 30, 2024, NMFS issued an IHA to PG&E to take marine 
mammals incidental to construction associated with sediment remediation 
in San Francisco Bay, CA (89 FR 5865), effective from May 1, 2024, 
through April 30, 2025. On September 26, 2024, NMFS received an 
application for the renewal of that initial IHA. As described in the 
application for renewal IHA, the activities for which incidental take 
is requested are nearly identical to those covered in the initial IHA. 
Although PG&E anticipates that construction will begin during the 
timeframe of the initial IHA, no work has yet commenced and therefore 
no preliminary monitoring data are available.

Description of the Specified Activities and Anticipated Impacts

    The planned activities are nearly identical to those analyzed in 
the initial IHA. As the first phase of a 5- to 7-year project to 
remediate sediments impacted with polycyclic aromatic hydrocarbons 
(PAHs) in San Francisco Bay, PG&E is planning to install hydroacoustic 
data collection piles, piles to attach a turbidity curtain, sediment 
pins to promote slope stability, and install and remove piles to 
relocate the Red and White Fleet (RWF). A detailed description of these 
activities can be found in the Notice of the Proposed IHA (88 FR 82836, 
November 27, 2023). Under the initial IHA, eight 24-inch steel shell 
piles and eight 36-inch steel shell piles were to be installed and 
removed for the RWF Relocation. Under the renewal IHA, PG&E proposes to 
install and remove 10 24-inch piles and 10 36-inch steel shell piles 
for the RWF Relocation. No more than four of each of these piles would 
be installed or removed per day. As analyzed in the initial IHA, 
installation of these piles would be done through primarily vibratory 
pile driving with impact pile driving only as needed to seat the piles. 
Removal would be through vibratory methods. The remainder of the work 
would be identical to that of the initial IHA, and the total proposed 
number of days of in-water work would be the same.
    Under the initial IHA, take by Level B harassment from pile driving 
was authorized for harbor seal (Phoca vitulina), northern elephant seal 
(Mirounga angustirostris), California sea lion (Zalophus 
californianus), northern fur seal (Callorhinus ursinus), Steller sea 
lion (Eumetopias jubatus), bottlenose dolphin (Tursiops truncatus), and 
harbor porpoise (Phocoena phocoena). Under the renewal IHA, NMFS 
proposes to take, by Level B harassment, the same number of these 
species as were authorized under the initial IHA.
    Documents related to the initial IHA including the Federal Register 
notices for the proposed IHA (88 FR 82836, November 27, 2023) and final 
IHA (89 FR 5865, January 30, 2024) and PG&E's application can be found 
at https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san.

Detailed Description of the Activity

    A detailed description of the pile driving activities for which 
take is proposed here may be found in the notices of the proposed and 
final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30, 
2024) for the initial authorization. The location, timing, and nature 
of the activities, including the types of equipment planned for use, 
are identical to those described in the previous notices.
    The only minor change that PG&E proposes for this renewal IHA is 
the addition of two 24-inch and two 36-inch steel shell piles in the 
RWF relocation, which would be installed with vibratory pile driving 
and impact pile driving only as needed to seat the piles. The piles 
would be removed with vibratory methods. The addition of these piles 
would not change the proposed number of in-water work days (50 days; 
see table 1). The proposed renewal would be effective for a period not 
exceeding 1 year from the date of expiration of the initial IHA. The 
effective dates would be from May 1, 2025, to April 30, 2026.

                                   Table 1--Schedule of In-Water Construction
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                                                                               Number of piles     Days of pile
                Type of pile                      Total number of pile        installed/removed     driving or
                                                  installation/ removal            per day            removal
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain (Steel H-Piles or Steel    40 (20 installed, 20 removed).                    4              10
 Shell Pile <=24 inches).
RWF Temporary Relocation (24-inch and 36-    40 (20 installed, 20 removed).                    4              10
 inch Steel Shell Piles).
Sediment Pin Installation (14- to 16-inch    120 (installation only).......                    8              15
 timber or plastic).
Hydroacoustic Data Collection Piles (18-     20 (10 installed, 10 removed).                    2              10
 inch composite).
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    Total..................................  180...........................  ...................              45
                                            --------------------------------------------------------------------
    Total (+10% buffer)....................  ..............................                 * 50
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* Rounded to maximum number of full days

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
notice of the proposed IHA (88 FR 82836, November 27, 2023) for the 
initial authorization. NMFS has reviewed the 2023 draft Stock 
Assessment Reports (SARs), information on relevant Unusual Mortality 
Events, and other scientific literature, and determined there is no new 
information that affects which species or stocks have the potential to 
be affected or the pertinent information in the Description of the 
Marine Mammals in the Area of Specified Activities contained in the 
supporting documents for the initial IHA. The abundance estimate for 
the Eastern stock of the Steller sea lion has decreased from 43,201 to 
36,308 according to the 2023 draft SAR (Young et al., 2024), but this 
does not change estimated take numbers or influence the findings made 
in support of the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which an 
authorization of incidental take is proposed here may be found in the 
notice of the proposed IHA (88 FR 82836, November 27, 2023) for the 
initial authorization. NMFS has reviewed recent draft SARs, information 
on relevant Unusual Mortality Events, and other scientific literature, 
and determined that there is no new information that affects our 
initial analysis of impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity is found in the notices of the proposed 
and final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30, 
2024) for the initial authorization. The only changes PG&E proposes to 
make for the renewal IHA is to add 2 24-inch steel shell piles and 2 
36-inch steel shell piles, resulting in a total of 10 of each piles, 
for installation and removal in the RWF Relocation portion of the 
project. The source levels, days of operation, and marine mammal 
occurrence data applicable to this authorization remain unchanged from 
the previously issued IHA. Similarly, the stocks taken, methods of 
take, and types of take remain unchanged from the previously issued 
IHA, as do the number of takes, which are indicated below in table 2.

                               Table 2--Summary of Marine Mammal Takes by Species
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                                                     Proposed
                                                     Level B
            Species                   Stock         harassment      Stock abundance        Percent of stock (%)
                                                      takes
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Harbor seal...................  California.......        1,000  30,968.................  3.2
Northern elephant seal........  California                  25  187,386................  0.01
                                 breeding.
California sea lion...........  United States....        9,550  257,606................  3.7
Northern fur seal.............  California;                  5  14,050; 626,618........  0.04; 0.001
                                 Eastern North
                                 Pacific.
Steller sea lion..............  Eastern..........            5  36,308.................  0.01
Bottlenose dolphin............  Coastal                     25  453....................  5.5
                                 California.
Harbor porpoise...............  San Francisco-             100  7,777..................  1.3
                                 Russian River.
----------------------------------------------------------------------------------------------------------------

    On May 3, 2024, NMFS published (89 FR 36762) and solicited public 
comment on its draft Updated Technical Guidance (https://www.fisheries.noaa.gov/s3/2024-05/NMSFAcousticGuidance-DraftTECHMEMOGuidance-3.0-FEB-24-OPR1.pdf), which includes updated 
thresholds and weighting functions to inform auditory injury estimates, 
and is intended to replace the 2018 Technical Guidance referenced in 
the notices for the proposed and final IHA (88 FR 82836, November 27, 
2023; 89 FR 5865, January 30, 2024), once finalized. The public comment 
period ended on June 17, 2024, and although the Updated Technical 
Guidance is not final, NMFS expects the Updated Technical Guidance to 
represent the best available science once it is. In consideration of 
the best available science, NMFS has conducted calculations using the 
draft Updated Technical Guidance and NMFS draft optional user 
spreadsheet, using the source levels and spreadsheet inputs provided in 
the notices for the proposed and final IHAs (88 FR 82836, November 27, 
2023; 89 FR 5865, January 30, 2024), for the purpose of understanding 
how Level A harassment (auditory injury) zones would change from the 
initial IHA. The relevant draft updated weighting functions may be 
found in the executive summary of the draft Updated Technical Guidance, 
on page 3. The draft updated marine mammal hearing groups and draft 
updated thresholds can be found in tables 3 and 4.

[[Page 83462]]



                  Table 3--Marine Mammal Hearing Groups
                              [NMFS, 2024]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen   7 Hz to 36 kHz.
 whales).
High-frequency (HF) cetaceans          150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
Very High-frequency (VHF) cetaceans    200 Hz to 165 kHz.
 (true porpoises, Kogia, river
 dolphins, Cephalorhynchid,
 Lagenorhynchus cruciger & L.
 australis).
Phocid pinnipeds (PW) (underwater)     40 Hz to 90 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)    60 Hz to 68 kHz.
 (sea 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 may not be as broad. Generalized hearing range
  chosen based on ~65-dB threshold from composite audiogram, previous
  analysis in NMFS, 2018, and/or data from Southall et al., 2007;
  Southall et al., 2019. Additionally, animals are able to detect very
  loud sounds above and below that ``generalized'' hearing range.


                                   Table 4--Onset of Auditory Injury (AUD INJ)
                                                  [NMFS, 2024]
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                                                       AUD INJ onset thresholds * (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: L,0-pk,flat: 222    Cell 2: LE,,LF,24h: 197 dB.
                                          dB; L,E,p,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans..........  Cell 3: L,0-pk,flat: 230    Cell 4: LE,,HF,24h: 201 dB.
                                          dB; LE,,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans....  Cell 5: L,0-pk,flat: 202    Cell 6: LE,,VHF,24h: 181 dB.
                                          dB; LE,,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: L,0-pk.flat: 223    Cell 8: LE,,PW,24h: 195 dB.
                                          dB; LE,,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: L,0-pk,flat: 230    Cell 10: LE,,OW,24h: 199 dB.
                                          dB; LE,,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD
  INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds
  associated with impulsive sounds, these thresholds are recommended for consideration.
Note: Peak sound pressure level (L,0-pk) has a reference value of 1 [mu]Pa, and weighted cumulative sound
  exposure level (LE,) has a reference value of 1[mu]Pa\2\s. In this table, thresholds are abbreviated to be
  more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
  ``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
  generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
  sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
  and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
  weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying
  exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate
  the conditions under which these thresholds will be exceeded.

    NMFS has also considered whether modifications to mitigation 
requirements, i.e., shutdown zones, would be appropriate in light of 
the draft Updated Technical Guidance. Based on the outcome of these 
analyses using the draft Updated Technical Guidance, alternate Level A 
harassment zones are presented in table 5, as well as the Level A 
harassment zones from the initial IHA, based on the 2018 Technical 
Guidance, for comparison. Proposed mitigation zones, in consideration 
of the draft Updated Technical Guidance where appropriate, are 
discussed in the Description of Proposed Mitigation, Monitoring and 
Reporting Measures section.
    Although some estimated Level A harassment zones have increased 
using the 2024 guidance, consistent with the initial IHA no Level A 
harassment takes are anticipated, because PG&E proposes to change the 
shutdown zones accordingly and consistent with the intent of the 
measures prescribed through the initial IHA, as discussed in 
Description of Proposed Mitigation, Monitoring and Reporting Measures 
section.

                            Table 5--Level A Harassment Zones Using 2018 Technical Guidance and Draft 2024 Technical Guidance
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                                                            Level A harassment zones using 2018 technical    Level A harassment zones using draft 2024
                                                                             guidance (m)                              technical guidance (m)
                                                           ---------------------------------------------------------------------------------------------
                   Pile type and method                                      VHF
                                                            HF Cetacean    Cetacean    Phocids   Otariids  HF Cetacean      VHF       Phocids   Otariids
                                                                \a\          \b\                                          Cetacean
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Hydroacoustic Data Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact.................................           <1           19         9         <1            2           25        14          5
18-inch Composite, Vibratory..............................           <1            6         3          1            1            2         3          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Turbidity Curtain
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory...................................            0           <1        <1         <1           <1           <1        <1         <1
Steel Shell Pile <=24-inch, Vibratory.....................           <1            4         2          1           <1            2         3          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             RWF Temporary Relocation Piles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24-inch, Vibratory.......................           <1            4         2         <1           <1            2         3          1
Steel Shell Pile 24-inch, Impact, Attenuated \c\..........           11          351       158         12           37          454       261         97

[[Page 83463]]

 
Steel Shell Pile <=36 inch, Vibratory.....................            3           28        14          2           13           27        42         14
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Sediment Pins
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 to 16-inch Timber, Vibratory...........................            2           23        10          1            8           17        27          9
14 to 16-inch Timber, Impact..............................           <1           14         6         <1            2           18        10          4
14 to 16-inch Composite, Vibratory........................           <1            6         3         <1            2            4         7          2
14 to 16-inch Composite, Impact...........................           <1            9         4         <1            1           11         7          2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ In the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans
\b\ In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
\c\ 5-dB reduction in sound due to use of bubble curtain assumed.

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are nearly identical to 
those included in the Federal Register notice announcing the issuance 
of the initial IHA (89 FR 5865, January 30, 2024), and the discussion 
of the lest practicable adverse impact included in that document and 
the notice of the proposed IHA (88 FR 782836, November 27, 2023) remain 
accurate. Consistent with the mitigation required through the initial 
IHA, shutdown zones proposed for the renewal IHA will be based on the 
largest Level A harassment zone for each pile size/type and driving 
method, as updated using the draft 2024 Technical Guidance rather than 
the 2018 Technical Guidance. The zones are calculated identically to 
those presented in the notice of the proposed IHA (88 FR 82836, 
November 27, 2023), with reference to the updated Technical Guidance. 
The following mitigation, monitoring, and reporting measures are 
proposed for this renewal:
     PG&E must shut down construction operations if a marine 
mammal comes within 10 m of construction activity to avoid direct 
physical interaction with marine mammals;
     PG&E must establish shutdown zones for all pile driving 
activities. Shutdown zones are based on the largest Level A harassment 
zone for each pile size/type and driving method;
     PG&E must shut down during active pile driving if marine 
mammals approach shutdown zones (see table 6);
     NMFS-approved protected species observers (PSOs) must be 
used to monitor the full shutdown zones and as much of the Level B 
harassment zone as possible;
     PSOs must monitor the shutdown zones for at least 30 
minutes prior to pile driving, throughout pile driving, and 30 minutes 
after;
     If marine mammals are found within the shutdown zone, pile 
driving must be delayed until the animal has moved out of the shutdown 
zone;
     PG&E must shut down if any species for which take has not 
been authorized, or a species for which take has been authorized but 
the authorized take numbers have been met, approaches or enters the 
Level B harassment zones;
     Should environmental conditions deteriorate such that 
marine mammals within the entire shutdown zone would not be visible 
(e.g., fog, heavy rain), pile driving must be delayed until observers 
are confident marine mammals within the shutdown zone could be 
detected;
     PG&E must implement impact pile driving soft starts 
whereby hammer energy is gradually ramped up;
     A bubble curtain must be used during impact pile driving 
of steel piles;
     PG&E must submit a draft marine mammal monitoring report 
to NMFS within 90 days after the completion of pile driving activities 
or 60 calendar days prior to the requested issuance of any subsequent 
IHA for construction activity at the same location, whichever comes 
first. A final report must be prepared and submitted within 30 calendar 
days following receipt of any NMFS comments on the draft report; and
     All injured or dead marine mammals must be reported to the 
Office of Protected Resources and to the West Coast regional stranding 
network.

                                    Table 6--Proposed Updated Shutdown Zones
----------------------------------------------------------------------------------------------------------------
                                             Shutdown zone for
            Pile type and method              all species (m)                Change from initial IHA
----------------------------------------------------------------------------------------------------------------
                                          Hydroacoustic Data Collection
----------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact..................                 30  Increased 10 m.
18-inch Composite, Vibratory Removal.......                 10  No change.
----------------------------------------------------------------------------------------------------------------
                                                Turbidity Curtain
----------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory Installation and                    10  No change.
 Removal.
Steel Shell Pile <=24 inch, Vibratory                       10  No change.
 Installation and Removal.
----------------------------------------------------------------------------------------------------------------
                                              RWF Relocation Piles
----------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24 inch, Vibratory                         10  No change.
 Installation and Removal.
Steel Shell Pile 24 inch, Impact,                          450  Increased 90 m.
 Attenuated.

[[Page 83464]]

 
Steel Shell Pile 36 inch, Vibratory........                 40  Increased 10 m.
----------------------------------------------------------------------------------------------------------------
                                                  Sediment Pins
----------------------------------------------------------------------------------------------------------------
14- to 16-inch Timber, Vibratory...........                 30  No change.
14- to 16-inch Timber, Impact..............                 20  No change.
14- to 16-inch Composite, Vibratory........                 10  No change.
14- to 16-inch Composite, Impact...........                 20  No change.
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (88 
FR 82836, November 27, 2023) and solicited public comments on both our 
proposal to issue the initial IHA for PG&E's sediment remediation 
project and on the potential for a renewal IHA, should certain 
requirements be met.
    All public comments were addressed in the notice announcing the 
issuance of the initial IHA (89 FR 5865, January 30, 2024) and none of 
the comments specifically pertained to the renewal IHA.

Preliminary Determinations

    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. This includes consideration of the 
estimated abundance of the Eastern stock of the Steller sea lion 
decreasing, updated analysis reflecting the 2024 Technical Guidance, 
and corresponding updates to required shutdown zones. Based on the 
information and analysis contained here and in the referenced 
documents, NMFS has determined the following: (1) the required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; (4) PG&E's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action, and; (5) appropriate monitoring and 
reporting requirements are included.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to PG&E for conducting pile driving activities 
associated with the Sediment Remediation Project in San Francisco Bay, 
California from May 1, 2025, to April 30, 2026, 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/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san. 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.

    Dated: October 9, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-23797 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-22-P