Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Maintenance and Rehabilitation of the Bellingham Shipping Terminal, 85520-85523 [2024-25021]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85520-85523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE406]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Maintenance and Rehabilitation 
of the Bellingham Shipping Terminal

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

ACTION: Notice; issuance of renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued a renewal incidental harassment authorization 
(IHA) to the Port of Bellingham to incidentally harass marine mammals 
incidental to maintenance and rehabilitation of the Bellingham Shipping 
Terminal in Bellingham, WA.

DATES: This renewal IHA is effective from November 7, 2024 through 
November 7, 2025.

ADDRESSES: Electronic copies of the original application, renewal 
request, and supporting documents (including NMFS Federal Register 
notices of the initial proposed and final authorizations, and the 
proposed renewal IHA), as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, 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 such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). NMFS must also prescribe requirements pertaining to 
monitoring and reporting of such takings. The definition of key terms 
such as ``take,'' ``harassment,'' and ``negligible impact'' can be 
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C. 
1362; 50 CFR 216.103).
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year 
renewal IHA following notice to the public providing an additional 15 
days for public comments when (1) up to another year of identical, or 
nearly identical, activities as described in the Detailed Description 
of Specified Activities section of the initial IHA issuance notice is 
planned or (2) the activities as described in the Description of the 
Specified Activities and Anticipated Impacts section of the initial IHA 
issuance notice will not be completed by the time the initial IHA 
expires and a renewal will 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:

[[Page 85521]]

     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; and
    3. Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On November 6, 2023, NMFS issued an IHA to the Port of Bellingham 
to take marine mammals incidental to the Maintenance and Rehabilitation 
of the Bellingham Shipping Terminal Project in Bellingham, WA (88 FR 
77972, November 11, 2023), effective from November 6, 2023 through 
November 6, 2024. On September 20, 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 authorization and 
will not be completed prior to its expiration. Under the initial IHA a 
number of piles have been removed but no pile installations have 
occurred. As required, the Port of Bellingham also provided preliminary 
monitoring data, which confirms that the Port of Bellingham had 
implemented the required mitigation and monitoring, and also showed 
that no impacts of a scale or nature not previously analyzed or 
authorized have occurred as a result of the activities conducted. The 
notice of the proposed renewal incidental harassment authorization was 
published on October 4, 2024 (89 FR 80890). There are no changes from 
the proposed renewal IHA to the final renewal IHA.

Description of the Specified Activities and Anticipated Impacts

    The purpose of the project at the Bellingham Shipping Terminal is 
to repair some of the failing wharf and pier structures of the 
terminal. As described in detail in the notice for the initial IHA (88 
FR 77972, November 11, 2023), in-water construction will include both 
pile removal and installation of a multiple types of piles with 
vibratory and impact hammers. A minor change to the activities 
conducted by the Port of Bellingham was requested in the renewal 
letter. The initial IHA noted that the Port of Bellingham would limit 
vibratory pile driving time to 90 minutes per day. The Port of 
Bellingham will increase the vibratory pile driving time to 360 minutes 
per day for this renewal period. This change will increase the size of 
the Level A harassment zones and shutdown zones associated with 
vibratory pile driving and removal as compared with those analyzed in 
the initial IHA (see Description of Mitigation, Monitoring and 
Reporting Measures). The increase to shutdown zones follows the same 
goals for mitigation articulated in the notice of the initial proposed 
IHA, i.e., the shutdown zones are equal to the estimated Level A 
harassment zones, and there is no increase to the estimated take 
numbers. Therefore, NMFS has determined that this change is minor and 
that the action is eligible for renewal. The construction is still 
expected to occur for 87 non-consecutive days. Sounds produced by these 
activities may result in take, by Level A harassment and Level B 
harassment, of marine mammals located in Bellingham Bay.
    Incidental take resulting from the in-water pile driving and 
removal in this renewal will be at the same level as authorized in the 
initial IHA. Four marine mammal species are expected to experience 
Level B harassment and one of these species additionally has the 
potential for Level A harassment (see Estimated Take).
    All documents related to the initial IHA are available on our 
website: https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-bellinghams-bellingham-shipping-terminal-bellingham.

Detailed Description of the Activity

    A detailed description of the demolition and construction 
activities for which take is authorized here may be found in the 
Notices of the Proposed and Final IHAs 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.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which take is authorized, including information on abundance, 
status, distribution, and hearing, may be found in the notices of the 
proposed and final IHAs for the initial authorization. NMFS has 
reviewed the monitoring data from the initial IHA, recent draft Stock 
Assessment Reports, 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.
    It should be noted that the draft 2023 NMFS' Marine Mammal Stock 
Assessment Reports (SARs) updated stock abundances for the Eastern 
Distinct Population Segment for Steller sea lions (Eumetopias jubatus) 
and harbor seals (Phoca vitulina) (Carretta et al. 2023). For Steller 
sea lions, the abundance decreased slightly from the initial IHA stock 
abundance estimate of 43,201 individuals to 36,308 individuals. During 
the development of the initial IHA the Washington Northern Inland 
Waters stock of harbor seals had an unknown abundance. Since then, the 
abundance estimate in the draft 2023 SARs has been updated to 16,451 
individuals. None of these population changes impact the findings made 
in support of the initial IHA. Additional information on all stocks 
affected by this action is available in the NMFS' U.S. Pacific SARs 
(available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports).

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
authorized may be found in the notices of the

[[Page 85522]]

proposed and final IHAs for the initial authorization. NMFS has 
reviewed the monitoring data from the initial IHA, 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 are found in the notices of the 
proposed and final IHAs for the initial authorization. Specifically, 
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 1.

                                     Table 1--Estimated Take by Level A and Level B Harassment, by Species and Stock
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                                                                                                                                              Take as
                Common name                             Stock                  Stock          Level A         Level B       Total take     percentage of
                                                                           abundance \a\                                                       stock
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Harbor porpoise...........................  Washington Inland Waters....          11,233               0             261             261             2.3
Steller sea lion..........................  Eastern U.S.................          36,308               0              87              87             0.2
California sea lion.......................  U.S.........................         257,606               0              87              87           < 0.1
Harbor seal...............................  Washington Northern Inland            16,451             264           2,029           3,050            18.5
                                             Waters.
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\a\ Stock or DPS size is Nbest according to NMFS 2023 Draft Stock Assessment Reports.

Description of Mitigation, Monitoring and Reporting Measures

    The 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, and the discussion of the least practicable adverse impact 
included in that document and the notice of the proposed IHA remains 
accurate.
    As noted above, the increase vibratory pile installation time from 
90 minutes per day to 360 minutes per day has increased the size of the 
shutdown zones as noted in table 2 of this section. The applicant and 
NMFS analyzed the Level A harassment and associated shutdown zones 
using vibratory pile installation duration of 90 minutes a day, for 
inputs in the optional User Spreadsheet tool as reported in table 5 of 
the final IHA Federal Register notice (88 FR 77972, November 14, 2023). 
In the request for renewal of the initial IHA the applicant requested 
that NMFS analyze and revise the shutdown zones associated with an 
increase in vibratory pile driving time to 360 minutes per day. Using 
the optional User Spreadsheet tool the applicants and NMFS analyzed and 
revised the shutdown zones based on this expected increase in vibratory 
pile installation duration. The following standard mitigation measures 
are required:
     Shutdown zones for Level A harassment as specified in the 
initial IHA with the exception of vibratory pile installation where the 
Port of Bellingham expects to drive piles for 360 minutes a day. The 
updated shutdown zones are shown in table 2;

                       Table 2--Updated Shutdown Zones During Vibratory Pile Installation
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                                                                             Shutdown zones (m) \1\
                           Activity                           --------------------------------------------------
                                                                 HF cetaceans       Phocids          Otariids
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Vibratory installation (360 minutes).........................         75 (30)          30 (20)          10 (10)
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\1\ Shutdown zones shown in parentheticals are what was included in the initial IHA.

     Protected species observers (PSO) observing the monitoring 
zones established in the initial IHA during all pile installation and 
removal activities;
     Soft start procedures for impact pile driving consisting 
of an initial set of strikes from the hammer at reduced energy, with 
each strike followed by a 30-second waiting period;
     The use of a marine pile-driving energy attenuator (i.e., 
air bubble curtain system) will be implemented by the Port of 
Bellingham during impact pile driving of all steel pipe piles; and
     Prior to the start of daily in-water construction 
activity, or whenever a break in pile driving/removal of 30 minutes or 
longer occurs, PSOs will observe the shutdown and monitoring zones for 
a period of 30 minutes. If a marine mammal is observed within the 
shutdown zone, a soft start cannot proceed until the animal has left 
the zone or has not been observed for 15 minutes.
    Monitoring and reporting requirements associated with this renewal 
are as follows:
     A minimum of one PSO will be on duty during impact pile 
driving activities and a minimum of two PSOs during vibratory 
installation/removal;
     Observers will be required to use approved data forms; and
     A draft report will be submitted to NMFS within 90 days of 
the completion of marine mammal monitoring. The report will include 
marine mammal observations pre-activity, during-activity, and post-
activity during pile driving days (and associated PSO data sheets).

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to the Port of 
Bellingham was published in the Federal Register on October 4, 2024 (89 
FR 80890). That notice either described, or referenced descriptions of, 
the Port of Bellingham's activity, the marine mammal species that may 
be affected by the activity, the anticipated effects on marine mammals 
and their habitat, estimated amount and manner of take, and proposed 
mitigation, monitoring and reporting

[[Page 85523]]

measures. NMFS received no public comments.

Determinations

    The construction activities are nearly identical to those analyzed 
for the initial IHA, as are the method of taking and the effects of the 
action. The higher vibratory drive time does increase the size of the 
Level A harassment zones and shutdown zones slightly. This increase in 
zone sizes, however, does not change the anticipated take numbers 
analyzed in the initial IHA. In analyzing the effects of the activities 
for the initial IHA, NMFS determined that the Port of Bellingham's 
activities will have a negligible impact on the affected species or 
stocks and that the authorized take numbers of each species or stock 
were small relative to the relevant stocks (e.g., less than one-third 
of the abundance of all stocks). Although some marine mammal abundances 
have changed since the initial IHA, none of this new information 
affects NMFS' determinations supporting issuance of the initial IHAs. 
The mitigation measures and monitoring and reporting requirements as 
described above are nearly identical to the initial IHA.
    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. Based on the information and analysis contained here and 
in the referenced documents, NMFS has determined the following: (1) the 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the authorized takes represent small 
numbers of marine mammals relative to the affected stock abundances; 
(4) the Port of Bellingham's activities will not have an unmitigable 
adverse impact on taking for subsistence purposes as no relevant 
subsistence uses of marine mammals are implicated by this action, and; 
(5) appropriate monitoring and reporting requirements are included.

National Environmental Policy Act

    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 
National Environmental Policy Act review. NMFS has determined that the 
application of this categorical exclusion remains appropriate for this 
renewal IHA.

Endangered Species Act

    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
consultation under section 7 of the ESA is not required for this 
action.

Renewal

    NMFS has issued a renewal IHA to the Port of Bellingham for the 
take of marine mammals incidental to the Maintenance and Rehabilitation 
of the Bellingham Shipping Terminal Project in Bellingham, WA from 
November 7, 2024 to November 7, 2025.

    Dated: October 23, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-25021 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P