Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Gary Paxton Industrial Park Vessel Haulout Project in Sitka, Alaska, 92627-92644 [2024-27342]
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
in the years that follow.’’ 18
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Notification to Interested Parties
This notice constitutes the AD orders
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adcvd-proceedings.
These orders are issued and published
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736(a) of the Act and 19 CFR 351.211(b).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–27426 Filed 11–21–24; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
BILLING CODE 3510–DS–P
Scope of the Orders
The merchandise covered by these orders
are aluminum lithographic printing plates.
Aluminum lithographic printing plates
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18 See
Final Rule, 86 FR 52335.
VerDate Sep<11>2014
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE193]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Gary Paxton
Industrial Park Vessel Haulout Project
in Sitka, Alaska
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 City
and Borough of Sitka (CBS) to
SUMMARY:
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92627
incidentally harass marine mammals
during construction activities associated
with Gary Paxton Industrial Park Vessel
Haulout Project in Sawmill Cove in
Sitka, Alaska.
DATES: This authorization is effective
one year from the date of issuance.
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: Kate
Fleming, Office of Protected Resources
(OPR), NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On January 18, 2024, NMFS received
a request from CBS for an IHA to take
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marine mammals incidental to
construction associated with the Gary
Paxton Industrial Park Vessel Haulout
Project in Sawmill Cove in Sitka,
Alaska. Following NMFS’ review of the
application, CBS submitted a revised
version on March 20, 2024, and another
on April 27, 2024. The application was
deemed adequate and complete on May
20, 2024. CBS’s request is for take of
nine species of marine mammals by
Level B harassment and, for a subset of
those species, by Level A harassment.
Neither CBS nor NMFS expect serious
injury or mortality to result from this
activity and, therefore, an IHA is
appropriate.
NMFS previously issued an IHA to
CBS for similar work (82 FR 47717,
October 13, 2017). CBS complied with
all the requirements (e.g., mitigation,
monitoring, and reporting) of the
previous IHA, and information
regarding their monitoring results may
be found in the Potential Effects of
Specified Activities on Marine
Mammals and Their Habitat section.
This IHA covers one year of a larger
project; CBS intends to request a future
take authorization for subsequent facets
of the project. In year 1, construction of
the following elements are planned:
150-ton capacity vessel haulout piers,
expanded uplands including stormwater
collection and treatment, and a vessel
washdown pad. The larger multi-year
project involves construction of a
queuing float, approach dock and
gangway, a pile-supported deck area,
vessel haulout ramp, an uplands
shipyard, and pile anodes. While not
planned to be constructed as part of this
project, CBS’s goal is to eventually
construct additional haulout piers to
accommodate removal of vessels up to
300 tons.
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Description of Specified Activity
Overview
The CBS is constructing a vessel
haulout facility at Gary Paxton
Industrial Park in Sawmill Cove in
Sitka, Alaska. Across 62 construction
days across a 1-year period, CBS plans
to ibratory and impact install 36-in steel
haulout pier support piles (both vertical
and battered), vibratory install 24-in
steel fender piles, and vibratory install
and remove 24-in steel temporary
template pipe piles. These methods of
pile driving would introduce
underwater sounds that may result in
take, by Level A and Level B
harassment, of marine mammals.
A detailed description of the planned
construction project is provided in the
Federal Register notice for the proposed
IHA (89 FR 56317, July 9, 2024). Since
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19:28 Nov 21, 2024
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that time, no changes have been made
to the planned activities. Therefore, a
detailed description is not provided
here. Please refer to the Federal Register
notice for the description of the specific
activity.
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to CBS was published in the
Federal Register on July 9, 2024 (89 FR
56317). That notice described, in detail,
CBS’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
analyses, the proposed authorization,
and any other aspect of the notice of
proposed IHA, and requested that
interested persons submit relevant
information, suggestions, and
comments. During the 30-day public
comment period, NMFS did not receive
any substantive public comments.
Changes From the Proposed IHA to
Final IHA
On May 3, 2024, NMFS published (89
FR 36762) and solicited public comment
on its draft updated Technical Guidance
for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing Underwater and InAir Criteria for Onset of Auditory Injury
and Temporary Threshold Shifts
(Version 3.0) (2024 Technical
Guidance), which includes updated
thresholds and weighting functions to
inform auditory injury (AUD INJ)
estimates. The public comment period
ended on June 17th, 2024, and the 2024
Technical Guidance was finalized on
October 24, 2024. The 2024 Technical
Guidance represents the best available
science and has been incorporated into
the analysis in this final IHA. The
relevant updated hearing group names,
thresholds, and weighting functions
may be found in the executive summary
of the 2024 Technical Guidance. The
resultant updated isopleths for this
project are presented in table 9 of the
Estimated Take of Marine Mammals
section. There were no substantive
changes to Level A harassment isopleths
for low frequency cetaceans (they
increased slightly during vibratory
activities and decreased slightly during
impact pile driving). However, for highfrequency cetaceans (categorized as
mid-frequency cetaceans prior to
application of the 2024 Technical
Guidance), phocids, and otariids, Level
A harassment isopleths increased
substantially during all pile driving
activities. Additionally, for very high
frequency cetaceans (categorized as high
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frequency cetaceans prior to application
of the 2024 Technical Guidance), Level
A harassment isopleths decreased
slightly during vibratory activities and
substantially during impact pile driving.
Necessary modifications to mitigation
zones are presented in table 12 in the
Mitigation section. In cases where the
Level A harassment zones were smaller,
the mitigation zones were not adjusted.
In cases where the Level A harassment
zones were larger, the mitigation zones
were increased to either meet the Level
A harassment isopleth, or to whatever
distance was established after
consideration of practicability and
observability.
For all species, the total number of
takes proposed for authorization is
equal to the total number of takes
authorized by Level A and Level B
harassment; for some species, estimates
of take by Level A harassment were
updated based on the analysis under the
2024 Updated Technical Guidance.
Updated take numbers are presented in
table 10.
Specifically, species with increased
take by Level A harassment include
Pacific white-sided dolphin
(Lagenorhynchus obliquidens), harbor
porpoise (Phocoena phocoena), Steller
sea lion (Eumetopias jubatus),
California sea lion (Zalophus
californianus), Northern fur seal
(Callorhinus ursinus), and harbor seal
(Phoca vitulina). Take by Level A
harassment increased from 5 from 6 for
harbor porpoise, 89 to 240 Steller sea
lion (88 to 237 Eastern Distinct
Population Segment (DPS); 1 to 3
Western DPS), and 34 to 53 for harbor
seal. For Pacific white-sided dolphin,
California sea lion, and Northern fur
seal, no take by Level A harassment was
proposed for authorization; however,
based on our re-analysis under the 2024
Technical Guidance, we have
authorized up to 4 takes by Level A
harassment for Pacific white-sided
dolphin. For both California sea lion
and Northern fur seal, three takes by
either Level A or Level B harassment
have been authorized. The negligible
impact analyses has been updated to
consider the increases to take by Level
A harassment for Pacific white-sided
dolphin, harbor porpoise, Steller sea
lion, California sea lion, Northern fur
seal, and harbor seal.
NMFS also corrected a number of
typographical errors. In table 6 of the
proposed IHA Federal Register notice
(89 FR 56317, July 9, 2024), the total
number of 24-inch (-in) steel piles to be
vibratory installed and removed via
vibratory installation was erroneously
listed as 2 instead of 4 (permanent piles)
and 2 instead of 8 (template piles).
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animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (as
described in NMFS’ SARs). While no
serious injury or mortality is anticipated
or authorized here, PBR and annual
serious injury and mortality from
anthropogenic sources are included here
as gross indicators of the status of the
species or stocks and other threats.
Marine mammal abundance estimates
presented in this document represent
the total number of individuals that
make up a given stock or the total
number estimated within a particular
study or survey area. NMFS’ stock
abundance estimates for most species
represent the total estimate of
individuals within the geographic area,
if known, that comprises that stock. For
some species, this geographic area may
extend beyond U.S. waters. All managed
stocks in this region are assessed in
NMFS’ U.S. Alaska and Pacific 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.
harassment. Take estimates were
correctly listed elsewhere in the notice.
Additionally, the total number of 36-in
steel piles to be installed via impact pile
driving was erroneously listed as 4
instead of 2 (support piles) and 8
instead of 2 (batter piles). These values
have been corrected in table 5 of this
notice. There are no changes to Level A
and Level B isopleths or associated take
estimates or mitigation measures
associated with these typographical
corrections.
Next, in table 8 of the proposed IHA
Federal Register notice (89 FR 56317,
July 9, 2024), the proposed take as a
percentage of stock was incorrectly
reported as <1 instead of 2.2 for the
Hawai’i stock of humpback whale and
as 14.2 instead of 2.3 for the Eastern
North Pacific Stock of killer whale.
These errors have been corrected in
table 10 and do not affect the small
numbers of negligible impact analysis
and determination.
Finally, in the small numbers section
of the proposed IHA Federal Register
notice (89 FR 56317, July 9, 2024), the
harbor porpoise take estimates proposed
for authorization were erroneously
listed as 16 takes by Level B harassment
and 6 takes by Level A harassment
instead of 17 takes by Level B
harassment and 5 takes by Level A
Description of Marine Mammals in the
Area of Specified Activities
Sections 3 and 4 of CBS’s 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
TABLE 1—MARINE MAMMAL SPECIES 1 LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE TAKEN BY CBS’S
ACTIVITIES
Common name
Scientific name
Stock
I
ESA/
MMPA
status;
strategic
(Y/N) 2
I
Stock abundance
(CV, Nmin, most recent
abundance
survey) 3
Annual
M/S1 4
PBR
I
I
Order Artiodactyla—Cetacea—Mysticeti (baleen whales)
Family Eschrichtiidae:
Gray Whale ......................
Family Balaenopteridae
(rorquals):
Humpback Whale .............
Family Delphinidae:
Killer Whale ......................
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Pacific White-Sided Dolphin.
Family Phocoenidae (porpoises):
Harbor Porpoise ...............
Eschrichtius robustus .............
Eastern N Pacific ...................
-, -, N
26,960 (0.05, 25,849, 2016) ..
801
131
Megaptera novaeangliae ........
Hawai1i ....................................
Mexico-North Pacific ..............
-, -, N
T, D, Y
11,278 (0.56, 7,265, 2020) ....
N/A (N/A, N/A, 2006) 5 .....
127
UND
27.09
0.57
Orcinus orca ...........................
Eastern North Pacific Alaska
Resident.
Eastern North Pacific Gulf of
Alaska, Aleutian Islands
and Bering Sea Transient.
Eastern Northern Pacific
Northern Resident.
West Coast Transient ............
N Pacific .................................
-, -, N
1,920 (N/A, 1,920, 2019) 6 .....
19
1.3
Lagenorhynchus obliquidens
Phocoena phocoena ..............
Yakutat/Southeast Alaska Offshore Waters.
2012) 6
-, -, N
587 (N/A, 587,
...........
5.9
0.8
-, -, N
302 (N/A, 302, 2018) 6 ...........
2.2
0.2
2018) 6
-, -, N
-, -, N
349 (N/A, 349,
...........
26,880 (N/A, N/A, 1990) ........
3.5
UND
0.4
0
-, -, N
N/A (N/A, N/A, 1997) 7 ...........
UND
22.2
-, -, N
-, D, Y
E, D, Y
-, -, N
257,606 (N/A, 233,515, 2014)
626,618 (0.2, 530,376, 2019)
49,837 (N/A, 49,837, 2022) 8
36,308 (N/A, 36,308, 2022) 9
14,011
11,403
299
2,178
>321
373
267
93.2
Order Carnivora—Pinnipedia
Family Otariidae (eared seals
and sea lions):
CA Sea Lion .....................
Northern Fur Seal ............
Steller Sea Lion ................
Zalophus californianus ...........
Callorhinus ursinus .................
Eumetopias jubatus ................
U.S. ........................................
Eastern Pacific .......................
Western ..................................
Eastern ...................................
Family Phocidae (earless
seals):
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
TABLE 1—MARINE MAMMAL SPECIES 1 LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE TAKEN BY CBS’S
ACTIVITIES—Continued
Common name
Harbor Seal ......................
ESA/
MMPA
status;
strategic
(Y/N) 2
Scientific name
Stock
Phoca vitulina .........................
Sitka/Chatham Strait ..............
1 Information
Stock abundance
(CV, Nmin, most recent
abundance
survey) 3
Annual
M/S1 4
PBR
I-, -, N I13,289 (N/A, 11,883, 2015) ... I
356
I
77
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; Committee on Taxonomy, 2022).
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 SARs 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. In some cases, CV is not applicable [explain if this is the case]
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 Abundance estimates are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown.
6N
est is based upon counts of individuals identified from photo-ID catalogs.
7 New stock split from Southeast Alaska stock.
8N
est is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the United States only.
The overall Nmin is 73,211 and overall PBR is 439.
9N
est is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the United States only.
A detailed description of the species
likely to be affected by CBS’s GPIP
vessel haulout 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 56317; July 9, 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.). Subsequently, NMFS
(2018, 2024) described generalized
hearing ranges for these marine mammal
hearing groups. Generalized hearing
ranges were chosen based on the
approximately 65-decibel (dB) threshold
from the normalized composite
audiograms, with the exception for
lower limits for low-frequency cetaceans
where the lower bound was deemed to
be biologically implausible and the
lower bound from Southall et al. (2007)
retained. Note that between the
proposed FRN (89 FR 56317, July 9,
2024) and the issuance of the final IHA,
NMFS’ 2024 Technical Guidance was
finalized (89 FR 84872, 24 October
2024) and has been incorporated into
this analysis. The marine mammal
hearing groups and their associated
hearing ranges included in the proposed
FRN (89 FR 56317, July 9, 2024) are
provided in table 2. The re-named
marine mammal hearing groups that
have been incorporated into this final
IHA are presented in table 3. The
references, analysis, and methodology
used in the development of the
thresholds are described in the 2024
Technical Guidance, which may be
accessed at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
TABLE 2—MARINE MAMMAL HEARING GROUPS
[NMFS, 2018]
Generalized hearing
range *
Hearing group
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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, Cephalorhynchids, 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).
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TABLE 3—MARINE MAMMAL HEARING GROUPS
[NMFS 2024]
Generalized hearing
range *
Hearing group
Low-frequency (LF) cetaceans (baleen whales) .....................................................................................................................
High-frequency (HF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) .........................................
Very High-frequency (VHF) 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 36 kHz.
150 Hz to 160 kHz.
200 Hz to 165 kHz.
40 Hz to 90 kHz.
60 Hz to 68 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 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.
For more detail concerning these
groups and associated frequency ranges,
please see NMFS (2024) for a review of
available information.
ddrumheller on DSK120RN23PROD with NOTICES1
Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The effects of underwater noise from
CBS’s construction activities have the
potential to result in the harassment of
marine mammals in the vicinity of the
project area. The notice of proposed IHA
(89 FR 56317; July 9, 2024) included a
discussion of the effects of
anthropogenic noise on marine
mammals and the potential effects of
underwater noise from CBS’s
construction 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 56317; July 9, 2024).
Estimated Take of Marine Mammals
This section provides an estimate of
the number of incidental takes
authorized through the IHA, which
informed NMFS’ consideration of
‘‘small numbers,’’ the negligible impact
determinations, and impacts on
subsistence uses.
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 are primarily by
Level B harassment, as use of the
acoustic sources (i.e., pile driving) has
the potential to result in disruption of
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behavioral patterns for individual
marine mammals. There is also some
potential for AUD INJ (Level A
harassment) to result, for all hearing
groups because, after applying the 2024
Technical Guidance, the predicted AUD
INJ zones have increased such that
Protected Species Observers (PSO) may
be unable to observe most of these
species during impact pile driving. The
mitigation and monitoring measures are
expected to minimize the severity of the
taking to the extent practicable.
As described previously, no serious
injury or mortality is anticipated or
authorized for this activity. Below we
describe how the authorized take
numbers are estimated.
For acoustic impacts, generally
speaking, we estimate take by
considering: (1) acoustic thresholds
above which NMFS believes the best
available science indicates marine
mammals 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 take estimates.
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 AUD INJ of
some degree (equated to Level A
harassment).
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Level B Harassment—Though
significantly driven by received level,
the onset of behavioral disturbance from
anthropogenic noise exposure is also
informed to varying degrees by other
factors related to the source or exposure
context (e.g., frequency, predictability,
duty cycle, duration of the exposure,
signal-to-noise ratio, distance to the
source), the environment (e.g.,
bathymetry, other noises in the area,
predators in the area), and the receiving
animals (hearing, motivation,
experience, demography, life stage,
depth) and can be difficult to predict
(e.g., Southall et al., 2007, 2021; Ellison
et al., 2012). Based on what the
available science indicates and the
practical need to use a threshold based
on a metric that is both predictable and
measurable for most activities, NMFS
typically uses a generalized acoustic
threshold based on received level to
estimate the onset of behavioral
harassment. NMFS generally predicts
that marine mammals are likely to be
behaviorally harassed in a manner
considered to be Level B harassment
when exposed to underwater
anthropogenic noise above root-meansquared pressure received levels (RMS
SPL) of 120 dB (referenced to 1
micropascal (re 1 mPa)) for continuous
(e.g., vibratory pile driving, drilling) and
above RMS SPL 160 dB re 1 mPa for nonexplosive impulsive (e.g., seismic
airguns) or intermittent (e.g., scientific
sonar) sources. Generally speaking,
Level B harassment take estimates based
on these behavioral harassment
thresholds are expected to include any
likely takes by temporary threshold shift
(TTS) as, in most cases, the likelihood
of TTS occurs at distances from the
source less than those at which
behavioral harassment is likely. TTS of
a sufficient degree can manifest as
behavioral harassment, as reduced
hearing sensitivity and the potential
reduced opportunities to detect
important signals (conspecific
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communication, predators, prey) may
result in changes in behavior patterns
that would not otherwise occur.
CBS’s activity includes the use of
continuous (vibratory pile driving) and
impulsive (impact pile driving) sources,
and therefore the RMS SPL thresholds
of 120 and 160 dB re 1 mPa are
applicable.
Level A Harassment—NMFS’ 2024
Technical Guidance (NMFS, 2024)
identifies dual criteria to assess AUD
INJ (Level A harassment) to 5 different
marine mammal groups (based on
hearing sensitivity) as a result of
exposure to noise from two different
types of sources (impulsive or nonimpulsive). Note that between the
proposed FRN (89 FR 56317, July 9,
2024) and the issuance of the final IHA,
NMFS’ 2024 Technical Guidance was
finalized (89 FR 84872, 24 October
2024) and has been incorporated into
this analysis. CBS’s activity includes the
use of impulsive (impact pile driving)
and non-impulsive (continuous pile
driving) sources.
The thresholds identifying the onset
of Permanent Threshold Shift (PTS)
based on 2018 Technical Guidance and
included in the proposed FRN (89 FR
56317, July 9, 2024) are provided in
table 4. The references, analysis, and
methodology used in the development
of the thresholds used in the proposed
IHA are described in NMFS’ 2018
Technical Guidance, which may be
accessed at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
The updated thresholds, which identify
the Onset of AUD INJ based on the 2024
Technical Guidance, have been
incorporated in this final IHA are
presented in table 5. The references,
analysis, and methodology used in the
development of the thresholds are
described in the 2024 Technical
Guidance, which may be accessed at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-acoustic-technicalguidance. NMFS defines AUD INJ as
‘‘damage to the inner ear that can result
in destruction of tissue . . . which may
or may not result in PTS’’ (NMFS 2024).
NMFS defined PTS as a permanent,
irreversible increase in the threshold of
audibility at a specified frequency or
portion of an individual’s hearing range
above a previously established reference
level (NMFS, 2024).
TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PTS BASED ON 2018 TECHNICAL GUIDANCE
PTS onset acoustic thresholds *
(received level)
Hearing group
Impulsive
Low-Frequency (LF) Cetaceans ......................................
Mid-Frequency (MF) Cetaceans ......................................
High-Frequency (HF) Cetaceans .....................................
Phocid Pinnipeds (PW) (Underwater) .............................
Otariid Pinnipeds (OW) (Underwater) .............................
Cell
Cell
Cell
Cell
Cell
1:
3:
5:
7:
9:
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
219
230
202
218
232
dB;
dB;
dB;
dB;
dB;
Non-impulsive
LE,LF,24h: 183 dB .........................
LE,MF,24h: 185 dB ........................
LE,HF,24h: 155 dB ........................
LE,PW,24h: 185 dB .......................
LE,OW,24h: 203 dB .......................
Cell
Cell
Cell
Cell
Cell
2: LE,LF,24h: 199 dB.
4: LE,MF,24h: 198 dB.
6: LE,HF,24h: 173 dB.
8: LE,PW,24h: 201 dB.
10: LE,OW,24h: 219 dB.
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
In this table, thresholds are abbreviated to reflect ANSI standards (ANSI, 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak
sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a
multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
TABLE 5—THRESHOLDS IDENTIFYING THE ONSET OF AUDITORY INJURY BASED ON 2024 TECHNICAL GUIDANCE
AUD INJ onset thresholds *
(received level)
ddrumheller on DSK120RN23PROD with NOTICES1
Hearing group
Impulsive
Non-impulsive
Hearing group.
Low-Frequency (LF) Cetaceans ......................................
High-Frequency (HF) Cetaceans .....................................
Very High-Frequency (VHF) Cetaceans ..........................
Cell 1: Lp,0-pk,flat: 222 dB; LE,p,LF,24h: 183 dB ..................
Cell 3: Lp,0-pk,flat: 230 dB; LE,p,HF,24h: 193 dB .................
Cell 5: Lp,0-pk,flat: 202 dB; LE,p,VHF,24h: 159 dB ...............
Phocid Pinnipeds (PW) (Underwater) .............................
Otariid Pinnipeds (OW) (Underwater) .............................
Cell 7: Lp,0-pk.flat: 223 dB; LE,p,PW,24h: 183 dB .................
Cell 9: Lp,0-pk,flat: 230 dB; LE,p,OW,24h: 185 dB ................
Cell 2: LE,p,LF,24h: 197 dB.
Cell 4: LE,p,, HF,24h: 201 dB.
Cell 6: LE,p, VHF,24h: 181
dB.
Cell 8: LE,p,PW,24h: 195 dB.
Cell 10: LE,p,OW,24h: 199
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 (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a reference value of 1μPa2s. 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.
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
Ensonified Area
Here, we describe operational and
environmental parameters of the activity
that are used in estimating the area
ensonified above the acoustic
thresholds, including source levels and
transmission loss coefficient.
The sound field in the project area is
the existing background noise plus
additional construction noise from the
planned project. Marine mammals are
expected to be affected via sound
generated by the primary components of
the project (i.e., pile driving and
removal).
The project includes vibratory pile
installation and removal, and impact
pile driving. Source levels for these
activities are based on reviews of
measurements of the same or similar
types and dimensions of piles available
in the literature. Source levels for each
pile size and activity each year are
presented in table 6. Source levels for
vibratory installation and removal of
piles of the same diameter are assumed
to be the same.
TABLE 6—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS * GENERATED DURING VIBRATORY AND IMPACT PILE
INSTALLATION AND VIBRATORY PILE REMOVAL
Pile driving method
Pile type
Pile size
dB RMS
dB peak
dB SEL
Impact .....................................
Steel Pipe Support Pile ..........
Steel Pipe Batter Pile .............
Steel Pipe Support ..................
36-in
..................
36-in
193
..................
166
210
..................
N/A
183
..................
N/A
Steel Pipe Batter .....................
Steel Pipe Fender ...................
..................
24-in
..................
163
..................
N/A
..................
N/A
Steel Pipe Template ...............
..................
..................
..................
..................
Vibratory Installation and Extraction.
Reference
Caltrans 2015, 2020.
NMFS 2023 Calculations.
NMFS 2023 Calculations
Note: dB peak = peak sound level; rms = root mean square; SEL = sound exposure level.
* All sound levels are referenced at 10 m.
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
R1 = the distance of the modeled SPL from
the driven pile, and
R2 = the distance from the driven pile of the
initial measurement
Absent site-specific acoustical
monitoring with differing measured TL,
a practical spreading value of 15 is used
as the TL coefficient in the above
formula. Site-specific TL data for the
Sitka Sound are not available; therefore,
the default coefficient of 15 is used to
determine the distances to the Level A
harassment and Level B harassment
thresholds.
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
2024 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
driving, the optional User Spreadsheet
tool predicts the distance at which, if a
marine mammal remained at that
distance for the duration of the activity,
it would be expected to incur AUD INJ,
which includes, but is not limited to,
PTS. Inputs used in the optional User
Spreadsheet tool, and the resulting
estimated isopleths, are reported below.
Table 8 provides the calculated Level A
isopleths that are based on the 2018
Technical Guidance, which were
presented in the proposed FRN (89 FR
56317, July 9, 2024) while table 9
provides the updated Level A isopleths
using the 2024 Technical Guidance.
TABLE 7—USER SPREADSHEET INPUTS
Vibratory
36-in
haulout pier
support pile
36-in
haulout pier
batter pile
Impact
24-in
haulout pier
fender pile
24-in
template
pile
ddrumheller on DSK120RN23PROD with NOTICES1
Installation
Spreadsheet Tab Used ....................................................
Source Level (SPL) ..........................................................
Installation
or removal
A.1) Vibratory pile driving
166 RMS
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Installation
183 SEL
15
Weighting Factor Adjustment (kHz) .................................
Activity Duration per day (minutes) .................................
36-in
haulout pier
batter pile
E.1) Impact pile driving
163 RMS
Transmission Loss Coefficient .........................................
36-in
haulout pier
support pile
2.5
60
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2
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I
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TABLE 7—USER SPREADSHEET INPUTS—Continued
Vibratory
36-in
haulout pier
support pile
36-in
haulout pier
batter pile
Impact
24-in
haulout pier
fender pile
24-in
template
pile
Installation
Number of strikes per pile ...............................................
....................
Number of piles per day ..................................................
....................
36-in
haulout pier
support pile
Installation
or removal
Installation
....................
....................
4
8
2
Distance of sound pressure level measurement .............
36-in
haulout pier
batter pile
2,000
3,000
2
10
TABLE 8—LEVEL A HARASSMENT AND LEVEL B HARASSMENT ISOPLETHS AND ASSOCIATED AREAS FROM VIBRATORY AND
IMPACT PILE DRIVING AND VIBRATORY REMOVAL, USING THE 2018 TECHNICAL GUIDANCE
Level A harassment: isopleths (m), areas (km2)
Pile size/type
Method
LF
MF
HF
I
I
PW
I
OW
I
Level B
harassment:
isopleth (m),
areas
(km2)
Haulout Pier Support Pile
36-in Steel Pipe Pile .........
Vibratory Installation ........
Impact Installation ............
23.4, (0.006)
2,516, (3.13)
2.1, (0.001)
89.5, (0.022)
34.5, (0.009)
2,997, (3.64)
14.2, (0.004)
1,347, (1.49)
1.0, (0.001)
98, (0.024)
11,659, (9.41)
1,585, (1.94)
22.5, (0.006)
1,765, (2.24)
1.6, (0.001)
128, (0.032)
11,659, (9.41)
1,585, (1.94)
21.8, (0.006)
9.0, (0.003)
0.6, (0.001)
7,356, (7.61)
26.4, (0.008)
10.9, (0.003)
0.8, (0.001)
7,356, (7.61)
Haulout Pier Batter Pile
36-in Steel Pipe Pile .........
Vibratory Installation ........
Impact Installation ............
37.1, (0.010)
3,297, (3.97)
3.3, (0.003)
117.3, (0.029)
54.8, (0.013)
3,928, (4.64)
Haulout Pier Fender Pile
24-in Steel Pipe Pile .........
Vibratory Installation ........
14.7, (0.004)
1.3, (0.001)
Template Pile
24-in Steel Pipe Pile .........
Vibratory Installation and
Removal.
17.9, (0.005)
1.6, (0.001)
TABLE 9—LEVEL A HARASSMENT AND LEVEL B HARASSMENT ISOPLETHS AND ASSOCIATED AREAS * FROM VIBRATORY
AND IMPACT PILE DRIVING AND VIBRATORY REMOVAL, USING THE 2024 TECHNICAL GUIDANCE
Level A harassment: isopleths (m), areas (km2)
Pile size/type
Method
HF 1
LF
VHF 2
I
I
PW
I
OW
I
Level B
harassment:
isopleth (m),
areas
(km2)
Haulout Pier Support Pile
36-in Steel Pipe Pile ..............
Vibratory Installation ..............
Impact Installation ..................
31.5
2,507
12.1
319.9
25.8
3,880, (4.59)
40.6
2,227.3, (2.86)
13.7
830.3, (0.62)
11,659, (9.41)
1,585, (1.94)
40.9
64.4
21.7
11,659, (9.41)
5,084.2 (5.73)
2,918.6 (3.55)
1,087.9 (1.01)
1,585, (1.94)
16.3
25.6
8.6
7,356, (7.61)
19.7
31.0
10.4
7,356, (7.61)
Haulout Pier Batter Pile
36-in Steel Pipe Pile ..............
Vibratory Installation ..............
50.1
19.2
Impact Installation ..................
3,285.4
419.2
Haulout Pier Fender Pile
24-in Steel Pipe Pile ..............
Vibratory Installation ..............
19.9
7.6
Template Pile
ddrumheller on DSK120RN23PROD with NOTICES1
24-in Steel Pipe Pile ..............
Vibratory Installation and Removal.
24.1
9.3
* Level A harassment areas (km2) have been presented only in cases where they are necessary to calculate updates to take by Level A harassment based on the
2024 Technical Guidance and methodology used in the Proposed IHA (89 FR 56317, July 9, 2024). In cases where the shutdown zone meets or exceeds the Level A
harassment isopleth, take by Level A harassment was not reanalyzed.
1 Species that were considered Mid-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered High Frequency cetaceans.
2 Species that were considered High-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered Very High Frequency cetaceans.
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 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
the take calculations.
Additionally, we describe how the
occurrence information is synthesized
to produce a quantitative estimate of the
take that is reasonably likely to occur
and authorized. Available information
regarding marine mammal occurrence in
the vicinity of the project area includes
site-specific and nearby survey
information and historic data sets. Prior
data sets consulted included: (1) PSO
monitoring completed at the project site
on 8 days between September 20 and
29, 2023 during the geotechnical
investigation preceding this project
(Solstice, 2023), (2) PSO monitoring
completed at the project site on 22 days
between October and November 2017
during the Multipurpose Dock Project
(TMC, 2017), (3) PSO monitoring
completed at O’Connell Bridge
(approximately 7 km to the east of the
project site) on 4 days in June 2019
(CBS, 2019); (4) Land-based surveys
conducted at Sitka’s Whale Park
completed weekly between September
and May 1995—2000 (Straley and
Pendell (2017)); and, (5) data available
on the Global Biodiversity Information
Facility (see CBS’s application for
further details).
To estimate take, CBS referred to the
above referenced data sets to estimate
total (Level A and Level B combined)
takes per day for each species and
multiplied this factor by the total
number of construction days. NMFS
finds it more appropriate to describe the
take estimate inputs according to a daily
occurrence probability in which groups
per day and group size are estimated for
each species and multiplied by the
number of days of each type of pile
driving activity. The equation used to
estimate take by Level B harassment for
all species is:
Exposure Estimate = group size × groups
per day × days of pile driving
activity.
CBS initially planned to implement
shutdown zones for mid-frequency
cetaceans and otariids (except Steller
sea lions) that met or exceeded the Level
A harassment isopleths for all activities.
Using the 2018 Technical Guidance, the
calculated Level A harassment zones
during impact installation of 36-in steel
piles, planned to occur on 30
construction days, exceeded the
shutdown zones for phocids, high
frequency cetaceans, and low frequency
cetaceans. After applying the 2024
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Technical Guidance, the calculated
Level A harassment zones for this
activity exceeded the shutdown zones
for all species except killer whale. The
best available abundance estimates for
these species cover the general region of
Sitka Sound and Silver Bay; therefore,
we used proportional comparisons of
predicted harassment areas to estimate
predicted take by Level A harassment.
In the absence of density data, best
available monitoring data for the general
area were used to estimate take by Level
A harassment. Specifically, to calculate
estimated take by Level A harassment
for all species except California sea lion
and Northern fur seal, which are
expected to be very rare for the area) we
proportionally compared, by hearing
group, the portion of the largest Level A
harassment area square kilometers (km2)
that exceeds the planned shutdown
zone area (km2) to the area (km2) of the
largest Level B harassment zone across
that pile type (typically from vibratory
pile driving). This ratio was then
multiplied by the group size, daily
sightings, and number of construction
days, according to the equation below.
For LF cetaceans, there was no
meaningful change to the calculated
Level A harassment isopleths after
applying the 2024 Technical Guidance.
For killer whales, the shutdown zone
still exceeds the calculated Level A
harassment isopleths. Therefore, the
take estimates for these species (LF
cetaceans and killer whale) have not
changed. The estimated take by Level A
harassment has been updated for all
other species to account for larger Level
A harassment isopleths which exceed
the shutdown zone.
Take by Level A harassment = Level A
harassment area (km2)/maximum
Level B harassment area (km2) ×
group size × groups per day × days
of pile driving.
For Steller sea lions, during impact
pile driving of 36-in steel pipe piles
(batter and support), the shutdown zone
will be established at 60 meters (m)
rather than the larger Level A
harassment isopleths due to
practicability; local monitoring data
suggests that Steller sea lions frequently
occur within close proximity of the
project site. The method described
above did not produce an estimate of
take by Level A harassment consistent
with the best available data for this
species at the project location.
Therefore, recent monitoring data
collected at this site (Solstice, 2023),
were used to calculate take by Level A
harassment. The proportion of Steller
sea lions detected between 60 m and the
largest level A zone (130 m based on
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92635
2018 Technical Guidance, updated to
1,087 m based on the 2024 Technical
Guidance) was multiplied by group size,
number of daily sightings, and the
number of construction days when
impact pile driving would occur
according to this equation:
Take by Level A harassment = group
size × groups per day × days of
impact pile driving activity ×
proportion of Steller sea lions
observed occurring between 60 m
and the largest level A zone during
geotechnical drilling.
Take estimates were rounded up to
the nearest whole number in table 10.
Gray Whale
CBS requested take by Level B
harassment of 31 gray whales, based on
an estimated 1 gray whale every 2 days
for 62 construction days. However,
during weekly surveys conducted from
September to May between 1995 and
2000, gray whales were infrequently
observed in groups of 3 from Whale
Park. As such, NMFS proposed 1 group
of 3 gray whales every 14 construction
days (62/14 construction days = 4.4 2week construction week periods),
resulting in 14 takes by Level B
harassment (1 group × 3 gray whales ×
4.4 construction periods = 13.2 takes by
Level B harassment).
The shutdown zone exceeds the
calculated Level A harassment zone
except during impact pile driving of 36in steel piles (support and battered),
estimated across 30 construction days.
As such, it is possible that gray whales
may occur in the Level A harassment
zone and stay long enough to incur AUD
INJ before exiting during those 30 days.
For 36-in support piles, the ratio of the
Level A harassment area (km2) that
exceeds the shutdown zone to the
maximum predicted Level B harassment
area (km2) is 0.06. This activity is
estimated to take place on 20
construction days. For 36-in batter piles,
the ratio of the Level A harassment area
(km2) that exceeds the shutdown zone
to the Level B harassment area is 0.16.
This activity is estimated to take place
on 10 construction days. As such, 3
takes by Level A harassment are
estimated [(0.06 × 4.4 construction
periods × 1 group × 3 gray whales) +
(0.16 × 4.4 construction periods × 1
group × 3 gray whales) = 2.9 takes by
Level A harassment].
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed, however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
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Level B harassment. Therefore, takes by
Level B harassment calculated as
described above were further modified
to deduct the authorized amount of take
by Level A harassment. Therefore,
NMFS has authorized 3 takes by Level
A harassment and 11 takes by Level B
harassment for gray whale, for a total of
14 takes. When allocating take across
stocks, take estimates are rounded up to
the nearest whole number.
Humpback Whale
CBS requested take by Level B
harassment of 248 humpback whales,
based on an estimated 4 humpback
whales occurring every 1 construction
day for 62 construction days. NMFS
concurred with this take estimate,
acknowledging that 2 groups of 2
humpback whales occurring each
construction day is reasonable based on
previous monitoring data (2 groups × 2
humpback whales × 62 construction
days = 248 takes by Level B harassment
of humpback whale).
The shutdown zone exceeds the
calculated Level A harassment zone
except during impact pile driving of 36in steel piles (support and battered),
estimated across 30 construction days.
As such, it is possible that humpback
whales may occur in the Level A
harassment zone and stay long enough
to incur AUD INJ before exiting. For 36in support piles, the ratio of the Level
A harassment area (km2) that exceeds
the shutdown zone to the maximum
predicted Level B harassment area (km2)
is 0.06. This activity is estimated to take
place on 20 construction days. For 36in batter piles, the ratio of the Level A
harassment area (km2) that exceeds the
shutdown zone to the Level B
harassment area is 0.16. This activity is
estimated to take place on 10
construction days. As such, 12 takes by
Level A harassment are estimated [(0.06
× 20 construction days × 2 groups × 2
humpback whales) + (0.16 × 10
construction days × 2 groups × 2
humpback whales) = 11.2 takes by Level
A harassment].
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed, however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
Level B harassment. Therefore, takes by
Level B harassment calculated as
described above were further modified
to deduct the amount of take by Level
A harassment. Therefore, NMFS has
authorized 12 takes by Level A
harassment and 236 takes by Level B
harassment for humpback whale, for a
total of 248 takes. When allocating take
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across stocks, take estimates are
rounded up to the nearest whole
number.
Killer Whale
CBS requested take by Level B
harassment of 31 killer whales, based on
an estimated 1 killer whale occurring
every 2 construction days for 62
construction days. However, because
killer whales were unpredictably
observed from Whale Park in groups of
4–8 during weekly surveys conducted
from September to May between 1995
and 2000, NMFS found it more
appropriate to propose 1 group of 8
killer whales every 7 construction days
(62/7 construction days = 8.9
construction weeks), and has authorized
the resulting 71 takes by Level B
harassment (1 group × 8 killer whales ×
8.9 construction weeks = 71 takes by
Level B harassment). No takes by Level
A harassment were requested or are
authorized.
Pacific White-Sided Dolphin
CBS requested take by Level B
harassment of 16 Pacific white-sided
dolphin, based on an estimated 1 Pacific
white-sided dolphin occurring every 4
construction days for 62 construction
days. However, although a rare
occurrence, Pacific white-sided dolphin
were observed in groups averaging 4
individuals when sighted from Whale
Park during weekly surveys conducted
from September to May between 1995
and 2000. As such, NMFS finds it more
appropriate to authorize 1 group of 4
Pacific white-sided dolphin every 14
construction days (62 ÷ 14 = 4.4 2-week
construction periods), resulting in 18
authorized takes by Level B harassment
(1 group × 4 Pacific white-sided dolphin
× construction 4.4 periods = 17.6 takes
by Level B harassment). No takes by
Level A harassment were requested or
proposed for authorization (89 FR
56317, July 9, 2024).
However, using the 2024 Technical
Guidance, the re-calculated Level A
harassment zone exceeds the planned
shutdown zone during impact
installation of 36-in steel piles
(estimated to occur on 30 construction
days). NMFS therefore finds it
appropriate to authorize 4 takes by
Level A harassment of Pacific whitesided dolphin, which is derived from
the following: For 36-in support piles,
the ratio of the Level A harassment area
(km2) that exceeds the shutdown zone
to the maximum predicted Level B
harassment area (km2) is 0.003. This
activity is estimated to take place on 20
construction days (20 construction days
÷ 14 days = 1.43 2-week construction
periods). For 36-in batter piles, the ratio
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of the Level A harassment area (km2)
that exceeds the shutdown zone to the
Level B harassment area is 0.01. This
activity is estimated to take place on 10
construction days (10 construction days
÷ 14 days = 0.71 2-week periods). As
such, 0.05 takes by Level A harassment
are estimated [(0.0 × 1.43 construction
days × 1 group × 4 Pacific white-sided
dolphin) + (0.01 × 0.71 construction
days × 1 group × 4 pacific white-sided
dolphin) = 0.05 takes by Level A
harassment]. The take by Level A
harassment estimate was then increased
to the minimum estimated group size of
4 for Pacific white-sided dolphin.
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed, however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
Level B harassment. Therefore, takes by
Level B harassment calculated as
described above were further modified
to deduct the amount of take by Level
A harassment. Thus, NMFS has
authorized 4 takes by Level A
harassment and 14 takes by Level B
harassment for Pacific white-sided
dolphin, for a total of 18 takes. When
allocating take across stocks, take
estimates are rounded up to the nearest
whole number.
Harbor Porpoise
CBS requested take by Level B
harassment of 16 harbor porpoise, based
on an estimated 1 harbor porpoise
occurring every 4 construction days for
62 construction days. However, harbor
porpoise were rarely observed from
Whale Park in groups of five during
weekly surveys conducted from
September to May between 1995 and
2000. As such, NMFS finds it more
appropriate to authorize 1 group of 5
harbor porpoise every 14 construction
days (62 ÷ 14 construction days = 4.4 2week construction week periods),
resulting in 22 takes by Level B
harassment (1 group × 5 harbor
porpoises × 4.4 construction periods =
22 takes by Level B harassment).
During impact pile driving of 36-in
steel piles, estimated across 30
construction days, the expected Level A
harassment zone is larger than the
planned shutdown zone (see Figure 1 of
the Marine Mammal Mitigation and
Monitoring Plan). As such, it is possible
that harbor porpoise may enter the Level
A harassment zone and stay long
enough to incur AUD INJ before exiting.
For 36-in support piles, the ratio of the
Level A harassment area (km2) that
exceeds the shutdown zone to the
maximum predicted Level B harassment
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area (km2) is 0.49 after applying the
2024 Technical Guidance (increased
from 0.38). This activity is estimated to
take place on 20 construction days (20
construction days ÷ 14 days = 1.43 2week construction periods). For 36-in
batter piles, the ratio of the portion of
the Level A harassment area that
exceeds the shutdown zone area (km2)
to the maximum predicted Level B
harassment area is 0.60 after applying
the 2024 Technical Guidance (increased
from 0.48). This activity is estimated to
take place on 10 construction days (10
construction days ÷ 14 days = 0.71 2week construction periods). As such, six
instead of five takes by Level A
harassment are authorized [(0.49 × 1
group × 5 harbor porpoise × 1.43 2-week
construction periods) + (0.60 × 1 group
× 5 harbor porpoises × 0.71 2-week
construction periods) = 5.6 takes by
Level A harassment].
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed; however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
Level B harassment. Therefore, takes by
Level B harassment calculated as
described above were further modified
to deduct the amount of take by Level
A harassment. Thus, NMFS has
authorized 6 takes by Level A
harassment and 16 takes by Level B
harassment for harbor porpoise, for a
total of 22 takes.
Steller Sea Lion
CBS requested take by Level B
harassment of 496 Steller sea lions,
based on an estimated 8 Steller sea lions
occurring every 1 construction day for
62 construction days. NMFS concurs
with this take estimate, acknowledging
that four groups of two Steller sea lions
occurring each construction day is
reasonable based on previous
monitoring data (2 groups × 4 Steller sea
lion × 62 construction days = 496 takes
by Level B harassment of Steller sea
lion).
During impact pile driving of 36-in
steel piles, estimated across 30
construction days, the expected Level A
harassment zone is larger than the
shutdown zone. As such, it is possible
that Steller sea lion may enter the Level
A harassment zone and stay long
enough to incur AUD INJ before exiting.
For 36-in support piles, the ratio of the
Level A harassment area that exceeds
the planned shutdown zone (km2) to the
maximum predicted Level B harassment
area (km2) for is 0.07 after applying the
2024 Technical Guidance (increased
from 0.001). This activity is estimated to
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19:28 Nov 21, 2024
Jkt 265001
take place on 20 construction days. For
36-in batter piles, the ratio of the Level
A harassment area (km2) to the
maximum predicted Level B harassment
area is 0.1 after applying the 2024
Technical Guidance (increased from
0.002). This activity is estimated to take
place on 10 construction days. As such,
one take by Level A harassment was
estimated [(0.07 × 20 construction days
× 2 groups × 4 Steller sea lion × 20
construction days) + (0.1 × 10
construction days × 2 groups × 4 Steller
sea lion × 10 construction days) = 19.2
takes by Level A harassment].
However, the 19.2 takes by Level A
harassment estimated using the method
described above likely does not reflect
the true occurrence of Steller sea lion in
the project area. Based on monitoring
data collected during geotechnical
survey conducted to inform CBS’s IHA
application, Steller sea lions are
expected to disproportionally occur
within close proximity to the project
site. All (100 percent) Steller sea lions
documented during that survey were
observed between 60 m and 1,087.9 m,
which corresponds to the Level A zones
during impact pile driving of 36-in piles
after applying the 2024 Technical
Guidance. These scenarios may occur
on up to 30 construction days. Therefore
240 additional takes by Level A
harassment are anticipated (2 groups of
4 Steller sea lion × 30 construction days
× 1 = 240 takes by Level A harassment).
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed, however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
Level B harassment. Therefore takes by
Level B harassment calculated as
described above are further modified to
deduct the authorized amount of take by
Level A harassment. Thus, NMFS has
authorized 240 takes by Level A
harassment and 256 takes by Level B
harassment for Steller sea lion, for a
total of 496 takes.
California Sea Lion
CBS requested take by Level B
harassment of five California sea lions,
based on an estimated one California sea
lion occurring every month that
construction is planned (October to
March = 5 months) to account for the
unlikely but small possibility that
California sea lion could occur in the
project area. However, NMFS finds it
more appropriate to estimate take by
Level B harassment according to
duration of in-water work (62
construction days/30 days in 1 month =
2.06 construction months). As such,
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92637
NMFS authorized take by Level B
harassment of three California sea lion
(1 group × 1 California sea lion × 2.06
construction months = 2.06 takes by
Level B harassment of California sea
lion). After applying the 2024 Technical
Guidance, calculated Level A
harassment isopleths increased to 830 m
and 1,087 m during impact pile driving
activities, which is much further than
the distances at which we estimate this
species can reliably be observed by
PSOs. As such NMFS has authorized a
maximum total of 3 takes by either
Level B or Level A harassment.
Northern Fur Seal
CBS requested take by Level B
harassment of five northern fur seals,
based on an estimated one northern fur
seal occurring every month that
construction is planned (October–March
= 5 months) to account for the unlikely
but small possibility that northern fur
seals could occur in the project area.
However, NMFS finds it more
appropriate to estimate take by Level B
harassment according to the duration of
in-water work (62 construction days/30
days in 1 month = 2.06 months). As
such, NMFS authorized take by Level B
harassment of three northern fur seals (1
group × 1 northern fur seal × 2.06
construction months = 2.06 takes by
Level B harassment of northern fur seal).
After applying the 2024 Technical
Guidance, calculated Level A
harassment isopleths increased to 830 m
and 1,087 m during impact pile driving
activities, which is much further than
the distances at which we estimate this
species can reliably be observed by
PSOs. As such, NMFS has authorized a
maximum total of 3 takes by either
Level B or Level A harassment.
Harbor Seal
CBS requested take by Level B
harassment of 124 harbor seals, based
on an estimated 2 harbor seals occurring
every 2 construction days for 62
construction days. However, because
harbor seals are frequently documented
in the project area, NMFS finds it more
appropriate to authorize 186 takes by
Level B harassment of harbor seal, based
on the maximum groups size of 3
documented at the project site in 2017
(1 group × 3 harbor seal × 62
construction days = 186 takes by Level
B harassment).
During impact pile driving of 36-in
steel piles, estimated across 30
construction days, the expected Level A
harassment zone is larger than the
planned shutdown zone. As such, it is
possible that harbor seal may enter the
Level A harassment zone and stay long
enough to incur AUD INJ before exiting.
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For 36-in support piles, the ratio of the
Level A harassment area (km2) that
exceeds the planned shutdown zone to
the Level B harassment area (km2) is
0.27 after applying the 2024 Technical
Guidance (increased from 0.16). This
activity is estimated to take place on 20
construction days. For 36-in batter piles,
the ratio of the Level A harassment area
that exceeds the shutdown zone area
(km2) to the maximum predicted Level
B harassment area is 0.24 after applying
the 2024 Technical Guidance (increased
from 0.23). This activity is estimated to
take place on 10 construction days. As
such, 34 takes by Level A harassment
are estimated [(0.27 × 20 construction
days × 1 group × 3 harbor seals) + (0.34
× 10 construction days × 1 group × 3
harbor seals) = 52.8 takes by Level A
harassment].
Any individuals exposed to the higher
levels associated with the potential for
AUD INJ closer to the source might also
be behaviorally disturbed, however, for
the purposes of quantifying take we do
not count those exposures of one
individual as a take by both Level A and
Level B harassment. Therefore, takes by
Level B harassment calculated as
described above are further modified to
deduct the amount of take by Level A
harassment. Thus, NMFS has authorized
53 takes by Level A harassment and 133
takes by Level B harassment for harbor
seal, for a total of 186 takes.
The total takes authorized for all
species are summarized in table 10
below, which reflects changes
incorporated after applying the 2024
Technical Guidance. Take by Level A
harassment is authorized for a total of 3
individuals for gray whale, 12
individuals for humpback whale, 4
individuals for Pacific white-sided
dolphin (increased from 0), 6
individuals for harbor porpoise
(increased from 5), 240 individuals for
Steller sea lion (increased from 88), 53
(increased from 34) individuals for
harbor seal, 3 individuals of California
sea lion (increased from 0), and 3
individuals of Northern fur seal
(increased from 0).
TABLE 10—TAKE BY STOCK AND HARASSMENT TYPE AND AS A PERCENTAGE OF STOCK ABUNDANCE PRESENTED IN PROPOSED FRN (89 FR 56317, JULY 9, 2024) AND AS AUTHORIZED BASED ON THE UPDATED 2024 TECHNICAL GUIDANCE
Proposed authorized take 1
Species
Stock
Gray Whale ..............
Humpback Whale 2 ...
Authorized take 1
Level B
harassment
Level A
harassment
Eastern N. Pacific ....
Mexico—North Pacific.
Hawai1i ......................
ENP Alaska Resident
ENP Northern Resident.
ENP Gulf of Alaska,
Aleutian Islands,
and Bering Sea.
West Coast Transient.
North Pacific .............
11 .............................
5 ...............................
3 ...............................
1 ...............................
11
5
3
1
<1
<1
231 ...........................
44 .............................
7 ...............................
11 .............................
0 ...............................
0 ...............................
231
44
7
11
0
0
2.2
2.3
2.3
14 .............................
0 ...............................
14
0
2.4
8 ...............................
0 ...............................
8
0
2.3
18 .............................
0 ...............................
14
4
<1
Yakutat/Southeast
Alaska Offshore
Waters.
Western DPS ...........
Eastern DPS ............
17 .............................
5 ...............................
16
6
(4)
5 ...............................
402 ...........................
1 ...............................
88 .............................
4
252
3
237
<1
1.3
California sea lion ....
United States ...........
3 ...............................
0 ...............................
3
<1
Northern fur seal ......
Eastern Pacific .........
3 ...............................
0 ...............................
3
<1
Harbor Seal ..............
Sitka/Chatham Strait
152 ...........................
34 .............................
Killer Whale 3 ............
Pacific white-sided
dolphin.
Harbor Porpoise .......
Steller sea lion 5 .......
Level B
harassment
Authorized
take as a
percentage
of stock
abundance
Level A
harassment
133
53
1.4
1 When
allocating take across stocks, take estimates are rounded up to the nearest whole number.
percent of take by Level A and Level B harassment of humpback whales are allocated to the Mexico DPS according to NMFS, 2021.
by level B harassment of killer whale is allocated across stocks according to the proportion of the stock compared to total number of
animals in all four stocks that could occur in the project area: Alaska Residents, 60.7 percent; Northern Residents, 9.6 percent; Gulf of Alaska,
Aleutian Islands, and Bering Sea: 18.6 percent ; West Coast Transient, 11.1 percent.
4 A reliable abundance estimate for this stock is currently unavailable.
5 1.2 percent take by Level A and Level B harassment of Steller sea lions are allocated to the Western DPS according to Hastings et al.
(2020).
22
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3 Take
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
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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)
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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
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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, as well as
subsistence uses. 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.
Mitigation for Marine Mammals and
Their Habitat
Shutdown Zones—For all pile driving
activities, CBS plans to implement
shutdowns within designated zones.
steerage and safe working conditions, as
necessary to avoid direct physical
interaction. If an activity is delayed or
halted due to the presence of a marine
mammal, the activity may not
commence or resume until, either the
animal has voluntarily exited and been
visually confirmed beyond the
shutdown zone indicated in table 11, or
15 minutes have passed without redetection of the animal.
Finally, construction activities must
be halted upon observation of a species
for which incidental take is not
authorized or a species for which
incidental take has been authorized but
the authorized number of takes has been
met entering or within any harassment
zone. If a marine mammal species not
covered under this IHA enters a
harassment zone, all in-water activities
will cease until the animal leaves the
zone or has not been observed for at
least 15 minutes, and NMFS would be
notified about species and precautions
taken. Pile driving will proceed if the
unauthorized species is observed
leaving the harassment zone or if 15
minutes have passed since the last
observation.
The purpose of a shutdown zone is
generally to define an area within which
shutdown of the activity will occur
upon sighting of a marine mammal (or
in anticipation of an animal entering the
defined area). Shutdown zones vary
based on the activity type and marine
mammal species or hearing group (table
11 and table 12). In most cases, the
shutdown zones are based on the
estimated Level A harassment isopleth
distances for each hearing group.
However, in cases where it would be
challenging to detect marine mammals
at the Level A harassment isopleth (e.g.,
for all species during impact pile
driving except killer whale, after
application of the 2024 Technical
Guidance) and/or frequent shutdowns
would create practicability concerns
(e.g., Steller sea lions during impact pile
driving), smaller shutdown zones are
planned (table 12).
Construction supervisors and crews,
PSOs, and relevant CBS staff must avoid
direct physical interaction with marine
mammals during construction activity.
If a marine mammal comes within 10 m
of such activity, operations must cease
and vessels must reduce speed to the
minimum level required to maintain
TABLE 11—SHUTDOWN ZONES PRESENTED IN THE PROPOSED FRN
[89 FR 56317, July 9, 2024]
Shutdown zones (m)
Pile size/type
OW
Method
LF
MF
HF
PW
Steller sea
lion
I
Other OW
Haulout Pier Support Pile
36-in Steel Pipe Pile ..........................
Vibratory Installation ..........................
Impact Installation .............................
30
2,000
10
90
40
300
20
130
10
60
10
100
10
120
60
300
30
130
10
60
10
130
10
30
10
10
10
10
30
20
10
10
Haulout Pier Batter Pile
36-in Steel Pipe Pile ..........................
Vibratory Installation ..........................
Impact Installation .............................
40
2,000
Haulout Pier Fender Pile
24-in Steel Pipe Pile ..........................
Vibratory Installation ..........................
20
Template Pile
24-in Steel Pipe Pile ..........................
Vibratory Installation and removal ....
20
TABLE 12—FINAL SHUTDOWN ZONES BASED ON THE 2024 TECHNICAL GUIDANCE
Shutdown zones (m)
Pile size/type
HF 1
Method
ddrumheller on DSK120RN23PROD with NOTICES1
LF
I
Killer
whale
I
OW
Other
HF
VHF 2
PW
I
Steller
sea lion
Other
OW
Haulout Pier Support Pile
36-in Steel Pipe Pile ........................
Vibratory Installation .........................
Impact Installation ............................
3 40
2,000
3 20
3 20
3 20
3 20
4 300
40
300
3 50
3 320
130
60
4 130
3 20
3 20
60
3 70
3 30
3 30
Haulout Pier Batter Pile
36-in Steel Pipe Pile ........................
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Vibratory Installation .........................
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TABLE 12—FINAL SHUTDOWN ZONES BASED ON THE 2024 TECHNICAL GUIDANCE—Continued
Shutdown zones (m)
Pile size/type
HF 1
Method
LF
Impact Installation ............................
Killer
whale
2,000
OW
VHF 2
Other
HF
PW
Steller
sea lion
Other
OW
3 420
4 300
300
130
60
130
10
10
30
3 30
10
10
10
10
30
40
20
20
Haulout Pier Fender Pile
24-in Steel Pipe Pile ........................
Vibratory Installation .........................
20
Template Pile
24-in Steel Pipe Pile ........................
Vibratory Installation and removal ...
3 30
1 Species
ddrumheller on DSK120RN23PROD with NOTICES1
that were considered Mid-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered High Frequency cetaceans.
2 Species that were considered High-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered Very High Frequency cetaceans.
3 Shutdown zones have been increased to meet the calculated Level A harassment isopleths using the 2024 Technical Guidance.
4 Shutdown zones have been increased to the extent that this hearing group is expected to be reliably observable.
Protected Species Observers—The
number and placement of PSOs during
all construction activities (described in
the Monitoring and Reporting section)
would ensure that the entire shutdown
zone is visible during impact pile
driving. In such cases, PSOs will
monitor the Level A harassment zone
and corresponding shutdown zone to
the greatest extent practicable. CBS will
employ at least three PSOs for all pile
driving activities.
Monitoring for Level A and Level B
Harassment—PSOs will monitor the
shutdown zones and beyond to the
extent that PSOs can see. Monitoring
beyond the shutdown zones enables
observers to be aware of, and
communicate the presence of, marine
mammals in the project areas outside
the shutdown zones and thus prepare
for a potential cessation of activity
should the animal enter the shutdown
zone. If a marine mammal enters either
harassment zone, PSOs will document
the marine mammal’s presence and
behavior.
Pre-and Post-Activity Monitoring—
Prior to the start of daily in-water
construction activity, or whenever a
break in pile driving of 30 minutes or
longer occurs, PSOs will observe the
shutdown zones and as much as the
harassment zones as possible for a
period of 30 minutes. Pre-start clearance
monitoring must be conducted during
periods of visibility sufficient for the
lead PSO to determine that the
shutdown zones are clear of marine
mammals. If the shutdown zone is
obscured by fog or poor lighting
conditions, in-water construction
activity will not be initiated until the
entire shutdown zone is visible. Pile
driving may commence following 30
minutes of observation when the
determination is made that the
shutdown zones are clear of marine
mammals. If a marine mammal is
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observed entering or within shutdown
zones, pile-driving activity must be
delayed or halted. If pile driving is
delayed or halted due to the presence of
a marine mammal, the activity may not
commence or resume until either the
animal has voluntarily exited and been
visually confirmed beyond the
shutdown zone or 15 minutes have
passed without re-detection of the
animal. If a marine mammal for which
take by Level B harassment is
authorized is present in the Level B
harassment zone, activities may begin.
Soft-Start—The use of soft-start
procedures are believed to provide
additional protection to marine
mammals by providing warning and/or
giving marine mammals a chance to
leave the area prior to the hammer
operating at full capacity. For impact
pile driving, contractors will be required
to provide an initial set of three strikes
from the hammer at reduced energy,
with each strike followed by a 30second waiting period. This procedure
will be conducted a total of three times
before impact pile driving begins. Soft
start will be implemented at the start of
each day’s impact pile driving and at
any time following cessation of impact
pile driving for a period of 30 minutes
or longer. Soft start is not required
during vibratory pile driving activities.
Based on our evaluation of the
applicant’s planned measures, NMFS
has determined that the planned
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. Note that the
applicant opted to forgo the use of a
bubble curtain as a mitigation measure
as its use would decrease production
rates due to the need to reposition the
curtain around piles and vessel traffic,
the need to maintain and operate the
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compressor, and delays associated with
mechanical malfunctions.
Monitoring and Reporting
In order to issue an IHA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
requirements pertaining to the
monitoring and reporting of such taking.
The MMPA implementing regulations at
50 CFR 216.104(a)(13) indicate that
requests for authorizations must include
the suggested means of accomplishing
the necessary monitoring and reporting
that will result in increased knowledge
of the species and of the level of taking
or impacts on populations of marine
mammals that are expected to be
present while conducting the activities.
Effective reporting is critical both to
compliance as well as ensuring that the
most value is obtained from the required
monitoring.
Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
activity; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
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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 NMFS-approved
PSOs 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 other
relevant experience, education (degree
in biological science or related field) or
training for experience performing the
duties of a PSO during construction
activities pursuant to a NMFS-issued
incidental take authorization;
• Where a team of three or more PSOs
is required, a lead observer or
monitoring coordinator will be
designated. The lead observer will be
required to have prior experience
working as a marine mammal observer
during construction activity pursuant to
a NMFS-issued incidental take
authorization; and
• PSOs must be approved by NMFS
prior to beginning any activity subject to
this IHA.
PSOs must also 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 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 note
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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.
Visual monitoring will be conducted
by a minimum of 3 trained PSOs
positioned at suitable vantage points,
such as the project site, Sawmill Creek
Road and Medveje Hatchery (see figure
1 in CBS’s Marine Mammal Mitigation
and Monitoring Plan). During vibratory
pile driving, at least one PSO will have
an unobstructed view of all water
within the shutdown zone. During
impact pile driving, a second PSO will
be placed at Sawmill Creek Road to
ensure the largest shutdown zone
extending into Eastern Channel is
observable and a third PSO would be
placed at Medvejie Hatchery to ensure
as much of the shutdown zone in Silver
Bay is observable as possible. All PSOs
will be stationed on elevated platforms
to aid in monitoring marine mammals.
Monitoring will be conducted 30
minutes before, during, and 30 minutes
after all in water construction activities.
In addition, PSOs will 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.
Reporting
CBS will submit a draft marine
mammal monitoring report 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
monitoring report will include an
overall description of work completed,
a narrative regarding marine mammal
sightings, and associated PSO data
sheets. Specifically, the report will
include:
• Dates and times (begin and end) of
all marine mammal monitoring;
• Construction activities occurring
during each daily observation period,
including: (1) the number and type of
piles that were driven and the method
(e.g., impact or vibratory); and, (2) total
duration of driving time for each pile
(vibratory driving) and number of
strikes for each pile (impact driving);
• PSO locations during marine
mammal monitoring;
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92641
• Environmental conditions during
monitoring periods (at beginning and
end of PSO shift and whenever
conditions change significantly),
including Beaufort sea state and any
other relevant weather conditions
including cloud cover, fog, sun glare,
and overall visibility to the horizon, and
estimated observable distance;
• Upon observation of a marine
mammal, the following information: (1)
name of PSO who sighted the animal(s)
and PSO location and activity at time of
sighting; (2) time of sighting; (3)
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; (4) distance and location
of each observed marine mammal
relative to the pile being driven for each
sighting; (5) estimated number of
animals (min/max/best estimate); (6)
estimated number of animals by cohort
(adults, juveniles, neonates, group
composition, etc.); (7) animal’s closest
point of approach and estimated time
spent within the harassment zone; and,
(8) description of any marine mammal
behavioral observations (e.g., observed
behaviors such as feeding or traveling),
including an assessment of behavioral
responses thought to have resulted from
the activity (e.g., no response or changes
in behavioral state such as ceasing
feeding, changing direction, flushing, or
breaching);
• Number of marine mammals
detected within the harassment zones,
by species; and
• Detailed information about
implementation of any mitigation (e.g.,
shutdowns and delays), a description of
specific actions that ensued, and
resulting changes in behavior of the
animal(s), if any.
A final report must be prepared and
submitted within 30 calendar days
following receipt of any NMFS
comments on the draft report. If no
comments are received from NMFS
within 30 calendar days of receipt of the
draft report, the report shall be
considered final. All PSO data will be
submitted electronically in a format that
can be queried such as a spreadsheet or
database and will 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, the
Holder must report the incident to the
OPR, NMFS
(PR.ITP.MonitoringReports@noaa.gov
and itp.fleming@noaa.gov) and Alaska
Regional Stranding network (877–925–
7773) as soon as feasible. If the death or
injury was clearly caused by the
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specified activity, the Holder must
immediately cease the activities until
NMFS OPR 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 this IHA.
The Holder must not resume their
activities until notified by NMFS. The
report must include the following
information:
• Time, date, and location (latitude/
longitude) of the first discovery (and
updated location information if known
and applicable);
• Species identification (if known) or
description of the animal(s) involved;
• Condition of the animal(s)
(including carcass condition if the
animal is dead);
• Observed behaviors of the
animal(s), if alive;
• If available, photographs or video
footage of the animal(s); and
• General circumstances under which
the animal was discovered.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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
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human-caused mortality, or ambient
noise levels).
The incorporation of the 2024
Updated Technical Guidance does not
alter the original scope of the activity
analyzed or our effects analysis in a
manner that materially affects the basis
for original findings under the IHA.
Shutdown zones have been increased to
meet or exceed the Level A harassment
zone calculated using the 2024
Technical Guidance where practicable.
In cases where the shutdown zones
cannot be increased due to observability
or practicability concerns, a slightly
larger proportion of overall proposed
take has been authorized as take by
Level A harassment. However, the total
take authorized remains the same as the
take proposed for authorization during
the public comment period for all
species. Accordingly, we have
determined that even with the
incorporation of the 2024 Technical
Guidance, this project will have a
negligible impact on the affected species
stocks and the negligible impact
analysis presented in the proposed FRN
remains applicable.
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. There is little
information about the nature or severity
of the impacts, or the size, status, or
structure of any of these species or
stocks that would lead to a different
analysis for this activity.
Pile driving and removal activities
associated with the project, as outlined
previously, have the potential to disturb
or displace marine mammals.
Specifically, the specified activities may
result in take, in the form of Level B
harassment and, for some species, Level
A harassment from underwater sounds
generated by pile driving and removal.
Potential takes could occur if
individuals are present in the ensonified
zone when these activities are
underway.
No serious injury or mortality is
expected, even in the absence of
required mitigation measures, given the
nature of the activities.
Following the incorporation of the
2024 Updated Technical Guidance take
by Level A harassment is authorized for
all species except killer whale. Any take
by Level A harassment is expected to
arise from, at most, a small degree of
AUD INJ (i.e., minor degradation of
hearing capabilities within regions of
hearing that align most completely with
the energy produced by impact pile
driving such as the low-frequency
region below 2 kHz), not severe hearing
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impairment or impairment within the
ranges of greatest hearing sensitivity.
Animals would need to be exposed to
higher levels and/or longer duration
than are expected to occur here in order
to incur any more than a small degree
of AUD INJ.
Further, the amount of take by Level
A harassment authorized is very low for
all marine mammal stocks and species,
except Steller sea lion. NMFS expects
no more than 3 takes by Level A
harassment for gray whale, 12 takes by
Level A harassment for humpback
whale; 4 takes by Level A harassment
for Pacific white-sided dolphin, 6 takes
by Level A harassment for harbor
porpoise; 53 takes by Level A
harassment for harbor seal; 3 takes by
Level A or Level B harassment for
California sea lion; and, 3 takes by Level
A or Level B harassment for Northern
fur seal. Although 240 takes by Level A
harassment for Steller sea lion are
authorized, if hearing impairment
occurs, it is most likely that the affected
animal would lose only a few dB in its
hearing sensitivity. Due to the small
degree anticipated, any AUD INJ
potential incurred would not be
expected to affect the reproductive
success or survival of any individuals,
much less result in adverse impacts on
the species or stock.
Additionally, some subset of the
individuals that are behaviorally
harassed could also simultaneously
incur some small degree of TTS for a
short duration of time. However, since
the hearing sensitivity of individuals
that incur TTS is expected to recover
completely within minutes to hours, it
is unlikely that the brief hearing
impairment would affect the
individual’s long-term ability to forage
and communicate with conspecifics,
and would therefore not likely impact
reproduction or survival of any
individual marine mammal, let alone
adversely affect rates of recruitment or
survival of the species or stock.
Effects on individuals that are taken
by Level B harassment in the form of
behavioral disruption, on the basis of
reports in the literature as well as
monitoring from other similar activities,
would likely be limited to reactions
such as avoidance, increased swimming
speeds, increased surfacing time, or
decreased foraging (if such activity were
occurring) (e.g., Thorson and Reyff,
2006). Most likely, individuals would
simply move away from the sound
source and temporarily avoid the area
where pile driving is occurring. If sound
produced by project activities is
sufficiently disturbing, animals are
likely to simply avoid the area while the
activities are occurring. We expect that
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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 project is also not expected to
have significant adverse effects on
affected marine mammals’ habitats. The
project activities would not modify
existing marine mammal habitat for a
significant amount of time. The
activities may cause a low level of
turbidity in the water column and some
fish may 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.
While Steller sea lions are common in
the project area, there are no essential
primary constituent elements, such as
haulouts or rookeries, present. The
nearest haulout is well over 25 km
away. Therefore, the project is not
expected to have significant adverse
effects on the critical habitat of Western
DPS Steller sea lions. No areas of
specific biological importance (e.g., ESA
critical habitat, BIAs, or other areas) for
any other species are known to co-occur
with the project area.
In addition, it is unlikely that minor
noise effects in a small, localized area of
habitat would have any effect on each
stock’s ability to recover. In
combination, we believe that these
factors, as well as the available body of
evidence from other similar activities,
demonstrate that the potential effects of
the specified activities would have only
minor, short-term effects on individuals.
The specified activities are not expected
to impact rates of recruitment or
survival and would therefore not result
in population-level impacts.
In summary and as described above,
the following factors primarily support
our determination that the impacts
resulting from this activity are not
expected to adversely affect any of the
species or stocks through effects on
annual rates of recruitment or survival:
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19:28 Nov 21, 2024
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• No serious injury or mortality is
anticipated or authorized;
• Level A harassment would be of a
low degree, and except for Eastern DPS
Steller sea lion and harbor seal, of very
small amounts;
• For all species, Silver Bay and East
Channel are a very small and peripheral
part of their range;
• Anticipated takes by Level B
harassment are relatively low for all
stocks. Level B harassment would be
primarily in the form of behavioral
disturbance, resulting in avoidance of
the project areas around where impact
or vibratory pile driving is occurring,
with some low-level TTS that may limit
the detection of acoustic cues for
relatively brief amounts of time in
relatively confined footprints of
activities;
• 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;
• The ensonified areas are very small
relative to the overall habitat ranges of
all species and stocks, and would not
adversely affect ESA-designated critical
habitat for any species or any areas of
known biological importance;
• The lack of anticipated significant
or long-term negative effects to marine
mammal habitat; and
• CBS will implement mitigation
measures including visual monitoring,
soft-start, and shutdown zones to
minimize the numbers of marine
mammals exposed to injurious levels of
sound, and to ensure that take by Level
A harassment is, at most, a small degree
of AUD INJ.
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
planned monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from the planned
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
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92643
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.
The amount of take NMFS authorized
is below one third of the estimated stock
abundance for all species. This is likely
a conservative estimate because we
assume all takes are of different
individual animals, which likely would
not be the case. Some individuals may
return multiple times in a day, but PSOs
will count them as separate takes if they
cannot be individually identified.
The most recent abundance estimate
for the Mexico-North Pacific stock of
humpback whale is likely unreliable as
it is more than eight years old. The most
relevant estimate of this stock’s
abundance in Southeast Alaska is 918
humpback whales (Wade, 2021), so the
4 authorized takes by Level B
harassment and 1 authorized take by
Level A harassment is small relative to
the estimated abundance (<1 percent),
even if each authorized take occurred to
a new individual.
There is no abundance information
available for the Yakutat/Southeast
Alaska stock of harbor porpoise.
However, the take numbers are
sufficiently small (16 takes by Level B
harassment and 6 takes by Level A
harassment, updated from 17 takes by
Level B harassment and 5 takes by Level
A harassment after applying the 2024
Technical Guidance) that we can safely
assume that they are small relative to
any reasonable assumption of likely
population abundance for these stocks.
For reference, current abundance
estimates for harbor porpoise stocks in
Southeast Alaska include 1,619
(Northern Southeast Alaska Inland
Waters) and 890 (Southern Southeast
Alaska Inland Waters).
Based on the analysis contained
herein of the planned activity (including
the planned mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals
would be taken relative to the
population size of the affected species
or stocks.
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92644
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Unmitigable Adverse Impact Analysis
and Determination
In order to issue an IHA, NMFS must
find that the specified activity will not
have an ‘‘unmitigable adverse impact’’
on the subsistence uses of the affected
marine mammal species or stocks by
Alaskan Natives. NMFS has defined
‘‘unmitigable adverse impact’’ in
§ 216.103 as an impact resulting from
the specified activity that: (1) is likely
to reduce the availability of the species
to a level insufficient for a harvest to
meet subsistence needs by (i) causing
the marine mammals to abandon or
avoid hunting areas, (ii) directly
displacing subsistence users, or (iii)
placing physical barriers between the
marine mammals and the subsistence
hunters; and, (2) cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
For marine mammals, Alaska Natives
have traditionally harvested harbor seals
and Steller sea lions in Sitka, Alaska.
During the most recent ADF&G
subsistence harvest report (2013), about
11 percent of Sitka households used
subsistence-caught marine mammals,
however, this is the most recent data
available and there has not been a
survey since 2013 (ADF&G, 2023).
The project is not likely to adversely
impact the availability of any marine
mammal species or stocks that are
commonly used for subsistence
purposes or impact subsistence harvest
of marine mammals in the region
because:
• There is no recent recorded
subsistence harvest of marine mammals
in the area;
• Construction activities are
temporary and localized to the Gary
Paxton Industrial Park, and industrial
area;
• Construction will not take place
during the herring spawning season
when subsistence species are more
active;
• Mitigation measures will be
implemented to minimize disturbance
of marine mammals in the action area;
and
• The project will not result in
significant changes to availability of
subsistence resources.
Based on the description of the
specified activity, the measures
described to minimize adverse effects
on the availability of marine mammals
for subsistence purposes, and the
planned mitigation and monitoring
measures, NMFS has determined that
there will not be an unmitigable adverse
impact on subsistence uses from CBS’s
planned activities.
VerDate Sep<11>2014
19:28 Nov 21, 2024
Jkt 265001
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, in
this case with the Alaska Regional
Office (AKRO).
NMFS is authorizing take of western
DPS of Steller sea lions and the Mexico
DPS of humpback whales, which are
listed under the ESA. The NMFS AKRO
issued a Biological Opinion under
Section 7 of the ESA on the issuance of
an IHA to CBS under section
1010(a)(5)(D) of the MMPA by NMFS
OPR. The biological opinion concluded
that the action is not likely to jeopardize
the continued existence of the listed
species.
National Environmental Policy Act
(NEPA)
To comply with the NEPA of 1969 (42
U.S.C. 4321 et seq.) and NOAA
Administrative Order (NAO) 216–6A,
NMFS must review our proposed action
(i.e., the issuance of an IHA) with
respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for 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 the IHA qualifies to be categorically
excluded from further NEPA review.
Authorization
NMFS has issued an IHA to CBS for
the potential harassment of small
numbers of nine marine mammal
species incidental to the Gary Paxton
Industrial Park Vessel Haulout project
in Sitka, Alaska, that includes the
previously explained mitigation,
monitoring and reporting requirements.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
Dated: November 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–27342 Filed 11–21–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Marine and Coastal Area-Based
Management Advisory Committee
Meeting
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine and
Coastal Area-based Management
Advisory Committee (MCAM). The
members will discuss and provide
advice on issues outlined under
SUPPLEMENTARY INFORMATION below.
DATES: The meeting will be held on
December 9, 2024, from 2 p.m. to 5 p.m.
eastern time.
ADDRESSES: The meeting will be held
virtually on the Google Meets Platform.
Registration is not required. Participants
may join the meeting by computer or by
phone:
Join by computer: meet.google.com/pfbmrfv-mtv.
Join by phone: (US) +1 475–221–6328
PIN: 102 658 159#.
The MCAM website may be found at
https://oceanservice.noaa.gov/ocean/
marine-coastal-fac/meetings.html.
FOR FURTHER INFORMATION CONTACT: Ellie
Roberts, Program Analyst, NOAA’s
Office of National Marine Sanctuaries,
ellie.roberts@noaa.gov, (240) 533–0676.
SUPPLEMENTARY INFORMATION: As
required by section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. 1009(a)(2), notice is hereby given
of a meeting of the MCAM. The MCAM
was established in 2022 to advise the
Under Secretary of Commerce for
Oceans and Atmosphere on sciencebased approaches to area-based
protection, conservation, restoration,
and management in coastal and marine
areas, including the Great Lakes. The
MCAM charter is located online at
https://oceanservice.noaa.gov/ocean/
marine-coastal-fac/.
SUMMARY:
I. Matters To Be Considered
The meeting time and agenda are
subject to change. The meeting is
E:\FR\FM\22NON1.SGM
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Agencies
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92627-92644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27342]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE193]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Gary Paxton Industrial Park Vessel
Haulout Project in Sitka, Alaska
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
City and Borough of Sitka (CBS) to incidentally harass marine mammals
during construction activities associated with Gary Paxton Industrial
Park Vessel Haulout Project in Sawmill Cove in Sitka, Alaska.
DATES: This authorization is effective one year from the date of
issuance.
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: Kate Fleming, Office of Protected
Resources (OPR), NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are proposed or, if the taking is limited to harassment, a notice of a
proposed IHA is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
Summary of Request
On January 18, 2024, NMFS received a request from CBS for an IHA to
take
[[Page 92628]]
marine mammals incidental to construction associated with the Gary
Paxton Industrial Park Vessel Haulout Project in Sawmill Cove in Sitka,
Alaska. Following NMFS' review of the application, CBS submitted a
revised version on March 20, 2024, and another on April 27, 2024. The
application was deemed adequate and complete on May 20, 2024. CBS's
request is for take of nine species of marine mammals by Level B
harassment and, for a subset of those species, by Level A harassment.
Neither CBS nor NMFS expect serious injury or mortality to result from
this activity and, therefore, an IHA is appropriate.
NMFS previously issued an IHA to CBS for similar work (82 FR 47717,
October 13, 2017). CBS complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHA, and
information regarding their monitoring results may be found in the
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat section.
This IHA covers one year of a larger project; CBS intends to
request a future take authorization for subsequent facets of the
project. In year 1, construction of the following elements are planned:
150-ton capacity vessel haulout piers, expanded uplands including
stormwater collection and treatment, and a vessel washdown pad. The
larger multi-year project involves construction of a queuing float,
approach dock and gangway, a pile-supported deck area, vessel haulout
ramp, an uplands shipyard, and pile anodes. While not planned to be
constructed as part of this project, CBS's goal is to eventually
construct additional haulout piers to accommodate removal of vessels up
to 300 tons.
Description of Specified Activity
Overview
The CBS is constructing a vessel haulout facility at Gary Paxton
Industrial Park in Sawmill Cove in Sitka, Alaska. Across 62
construction days across a 1-year period, CBS plans to ibratory and
impact install 36-in steel haulout pier support piles (both vertical
and battered), vibratory install 24-in steel fender piles, and
vibratory install and remove 24-in steel temporary template pipe piles.
These methods of pile driving would introduce underwater sounds that
may result in take, by Level A and Level B harassment, of marine
mammals.
A detailed description of the planned construction project is
provided in the Federal Register notice for the proposed IHA (89 FR
56317, July 9, 2024). Since that time, no changes have been made to the
planned activities. Therefore, a detailed description is not provided
here. Please refer to the Federal Register notice for the description
of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to CBS was published in
the Federal Register on July 9, 2024 (89 FR 56317). That notice
described, in detail, CBS'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 analyses, the proposed
authorization, and any other aspect of the notice of proposed IHA, and
requested that interested persons submit relevant information,
suggestions, and comments. During the 30-day public comment period,
NMFS did not receive any substantive public comments.
Changes From the Proposed IHA to Final IHA
On May 3, 2024, NMFS published (89 FR 36762) and solicited public
comment on its draft updated Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing Underwater and
In-Air Criteria for Onset of Auditory Injury and Temporary Threshold
Shifts (Version 3.0) (2024 Technical Guidance), which includes updated
thresholds and weighting functions to inform auditory injury (AUD INJ)
estimates. The public comment period ended on June 17th, 2024, and the
2024 Technical Guidance was finalized on October 24, 2024. The 2024
Technical Guidance represents the best available science and has been
incorporated into the analysis in this final IHA. The relevant updated
hearing group names, thresholds, and weighting functions may be found
in the executive summary of the 2024 Technical Guidance. The resultant
updated isopleths for this project are presented in table 9 of the
Estimated Take of Marine Mammals section. There were no substantive
changes to Level A harassment isopleths for low frequency cetaceans
(they increased slightly during vibratory activities and decreased
slightly during impact pile driving). However, for high-frequency
cetaceans (categorized as mid-frequency cetaceans prior to application
of the 2024 Technical Guidance), phocids, and otariids, Level A
harassment isopleths increased substantially during all pile driving
activities. Additionally, for very high frequency cetaceans
(categorized as high frequency cetaceans prior to application of the
2024 Technical Guidance), Level A harassment isopleths decreased
slightly during vibratory activities and substantially during impact
pile driving.
Necessary modifications to mitigation zones are presented in table
12 in the Mitigation section. In cases where the Level A harassment
zones were smaller, the mitigation zones were not adjusted. In cases
where the Level A harassment zones were larger, the mitigation zones
were increased to either meet the Level A harassment isopleth, or to
whatever distance was established after consideration of practicability
and observability.
For all species, the total number of takes proposed for
authorization is equal to the total number of takes authorized by Level
A and Level B harassment; for some species, estimates of take by Level
A harassment were updated based on the analysis under the 2024 Updated
Technical Guidance. Updated take numbers are presented in table 10.
Specifically, species with increased take by Level A harassment
include Pacific white-sided dolphin (Lagenorhynchus obliquidens),
harbor porpoise (Phocoena phocoena), Steller sea lion (Eumetopias
jubatus), California sea lion (Zalophus californianus), Northern fur
seal (Callorhinus ursinus), and harbor seal (Phoca vitulina). Take by
Level A harassment increased from 5 from 6 for harbor porpoise, 89 to
240 Steller sea lion (88 to 237 Eastern Distinct Population Segment
(DPS); 1 to 3 Western DPS), and 34 to 53 for harbor seal. For Pacific
white-sided dolphin, California sea lion, and Northern fur seal, no
take by Level A harassment was proposed for authorization; however,
based on our re-analysis under the 2024 Technical Guidance, we have
authorized up to 4 takes by Level A harassment for Pacific white-sided
dolphin. For both California sea lion and Northern fur seal, three
takes by either Level A or Level B harassment have been authorized. The
negligible impact analyses has been updated to consider the increases
to take by Level A harassment for Pacific white-sided dolphin, harbor
porpoise, Steller sea lion, California sea lion, Northern fur seal, and
harbor seal.
NMFS also corrected a number of typographical errors. In table 6 of
the proposed IHA Federal Register notice (89 FR 56317, July 9, 2024),
the total number of 24-inch (-in) steel piles to be vibratory installed
and removed via vibratory installation was erroneously listed as 2
instead of 4 (permanent piles) and 2 instead of 8 (template piles).
[[Page 92629]]
Additionally, the total number of 36-in steel piles to be installed via
impact pile driving was erroneously listed as 4 instead of 2 (support
piles) and 8 instead of 2 (batter piles). These values have been
corrected in table 5 of this notice. There are no changes to Level A
and Level B isopleths or associated take estimates or mitigation
measures associated with these typographical corrections.
Next, in table 8 of the proposed IHA Federal Register notice (89 FR
56317, July 9, 2024), the proposed take as a percentage of stock was
incorrectly reported as <1 instead of 2.2 for the Hawai'i stock of
humpback whale and as 14.2 instead of 2.3 for the Eastern North Pacific
Stock of killer whale. These errors have been corrected in table 10 and
do not affect the small numbers of negligible impact analysis and
determination.
Finally, in the small numbers section of the proposed IHA Federal
Register notice (89 FR 56317, July 9, 2024), the harbor porpoise take
estimates proposed for authorization were erroneously listed as 16
takes by Level B harassment and 6 takes by Level A harassment instead
of 17 takes by Level B harassment and 5 takes by Level A harassment.
Take estimates were correctly listed elsewhere in the notice.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of CBS's 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. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' U.S. Alaska and Pacific 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.
Table 1--Marine Mammal Species \1\ Likely To Occur Near the Project Area That May Be Taken by CBS's 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\ S1 \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).
Family Balaenopteridae (rorquals):
Humpback Whale.................. Megaptera novaeangliae. Hawai[revaps]i......... -, -, N 11,278 (0.56, 7,265, 127 27.09
2020).
Mexico-North Pacific... T, D, Y N/A (N/A, N/A, 2006) \ UND 0.57
5\.
Family Delphinidae:
Killer Whale.................... Orcinus orca........... Eastern North Pacific -, -, N 1,920 (N/A, 1,920, 19 1.3
Alaska Resident. 2019) \6\.
Eastern North Pacific -, -, N 587 (N/A, 587, 2012) 5.9 0.8
Gulf of Alaska, \6\.
Aleutian Islands and
Bering Sea Transient.
Eastern Northern -, -, N 302 (N/A, 302, 2018) 2.2 0.2
Pacific Northern \6\.
Resident.
West Coast Transient... -, -, N 349 (N/A, 349, 2018) 3.5 0.4
\6\.
Pacific White-Sided Dolphin..... Lagenorhynchus N Pacific.............. -, -, N 26,880 (N/A, N/A, UND 0
obliquidens. 1990).
Family Phocoenidae (porpoises):
Harbor Porpoise................. Phocoena phocoena...... Yakutat/Southeast -, -, N N/A (N/A, N/A, 1997) UND 22.2
Alaska Offshore Waters. \7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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).
Northern Fur Seal............... Callorhinus ursinus.... Eastern Pacific........ -, D, Y 626,618 (0.2, 530,376, 11,403 373
2019).
Steller Sea Lion................ Eumetopias jubatus..... Western................ E, D, Y 49,837 (N/A, 49,837, 299 267
2022) \8\.
Eastern................ -, -, N 36,308 (N/A, 36,308, 2,178 93.2
2022) \9\.
Family Phocidae (earless seals):
[[Page 92630]]
Harbor Seal..................... Phoca vitulina......... Sitka/Chatham Strait... -, -, N 13,289 (N/A, 11,883, 356 77
2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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; Committee on Taxonomy, 2022).
\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 SARs 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. In some cases, CV is not applicable [explain if this is the case]
\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\ Abundance estimates are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown.
\6\ Nest is based upon counts of individuals identified from photo-ID catalogs.
\7\ New stock split from Southeast Alaska stock.
\8\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the United
States only. The overall Nmin is 73,211 and overall PBR is 439.
\9\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the United
States only.
A detailed description of the species likely to be affected by
CBS's GPIP vessel haulout 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 56317; July 9, 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.). Subsequently, NMFS (2018, 2024)
described generalized hearing ranges for these marine mammal hearing
groups. Generalized hearing ranges were chosen based on the
approximately 65-decibel (dB) threshold from the normalized composite
audiograms, with the exception for lower limits for low-frequency
cetaceans where the lower bound was deemed to be biologically
implausible and the lower bound from Southall et al. (2007) retained.
Note that between the proposed FRN (89 FR 56317, July 9, 2024) and the
issuance of the final IHA, NMFS' 2024 Technical Guidance was finalized
(89 FR 84872, 24 October 2024) and has been incorporated into this
analysis. The marine mammal hearing groups and their associated hearing
ranges included in the proposed FRN (89 FR 56317, July 9, 2024) are
provided in table 2. The re-named marine mammal hearing groups that
have been incorporated into this final IHA are presented in table 3.
The references, analysis, and methodology used in the development of
the thresholds are described in the 2024 Technical Guidance, which may
be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
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 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
Cephalorhynchids, Lagenorhynchus
cruciger & L. australis).
Phocid pinnipeds (PW) (underwater) 50 Hz to 86 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 39 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 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).
[[Page 92631]]
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.
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2024) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from CBS's construction activities
have the potential to result in the harassment of marine mammals in the
vicinity of the project area. The notice of proposed IHA (89 FR 56317;
July 9, 2024) included a discussion of the effects of anthropogenic
noise on marine mammals and the potential effects of underwater noise
from CBS's construction 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 56317; July 9, 2024).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through the IHA, which informed NMFS' consideration of
``small numbers,'' the negligible impact determinations, and impacts on
subsistence uses.
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 are primarily by Level B harassment, as use of the
acoustic sources (i.e., pile driving) has the potential to result in
disruption of behavioral patterns for individual marine mammals. There
is also some potential for AUD INJ (Level A harassment) to result, for
all hearing groups because, after applying the 2024 Technical Guidance,
the predicted AUD INJ zones have increased such that Protected Species
Observers (PSO) may be unable to observe most of these species during
impact pile driving. The mitigation and monitoring measures are
expected to minimize the severity of the taking to the extent
practicable.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
authorized take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals 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 take estimates.
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 AUD INJ of some degree (equated to
Level A harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021; Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g.,
scientific sonar) sources. Generally speaking, Level B harassment take
estimates based on these behavioral harassment thresholds are expected
to include any likely takes by temporary threshold shift (TTS) as, in
most cases, the likelihood of TTS occurs at distances from the source
less than those at which behavioral harassment is likely. TTS of a
sufficient degree can manifest as behavioral harassment, as reduced
hearing sensitivity and the potential reduced opportunities to detect
important signals (conspecific
[[Page 92632]]
communication, predators, prey) may result in changes in behavior
patterns that would not otherwise occur.
CBS's activity includes the use of continuous (vibratory pile
driving) and impulsive (impact pile driving) sources, and therefore the
RMS SPL thresholds of 120 and 160 dB re 1 [mu]Pa are applicable.
Level A Harassment--NMFS' 2024 Technical Guidance (NMFS, 2024)
identifies dual criteria to assess AUD INJ (Level A harassment) to 5
different marine mammal groups (based on hearing sensitivity) as a
result of exposure to noise from two different types of sources
(impulsive or non-impulsive). Note that between the proposed FRN (89 FR
56317, July 9, 2024) and the issuance of the final IHA, NMFS' 2024
Technical Guidance was finalized (89 FR 84872, 24 October 2024) and has
been incorporated into this analysis. CBS's activity includes the use
of impulsive (impact pile driving) and non-impulsive (continuous pile
driving) sources.
The thresholds identifying the onset of Permanent Threshold Shift
(PTS) based on 2018 Technical Guidance and included in the proposed FRN
(89 FR 56317, July 9, 2024) are provided in table 4. The references,
analysis, and methodology used in the development of the thresholds
used in the proposed IHA are described in NMFS' 2018 Technical
Guidance, which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. The updated thresholds, which identify the Onset of AUD INJ
based on the 2024 Technical Guidance, have been incorporated in this
final IHA are presented in table 5. The references, analysis, and
methodology used in the development of the thresholds are described in
the 2024 Technical Guidance, which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. NMFS defines AUD INJ as ``damage to the
inner ear that can result in destruction of tissue . . . which may or
may not result in PTS'' (NMFS 2024). NMFS defined PTS as a permanent,
irreversible increase in the threshold of audibility at a specified
frequency or portion of an individual's hearing range above a
previously established reference level (NMFS, 2024).
Table 4--Thresholds Identifying the Onset of PTS based on 2018 Technical Guidance
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa\2\s. In this table, thresholds are abbreviated to reflect ANSI standards
(ANSI, 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is
not the intent for this Technical Guidance. Hence, the subscript ``flat'' is being included to indicate peak
sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript
associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory
weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation
period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways
(i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents
to indicate the conditions under which these acoustic thresholds will be exceeded.
Table 5--Thresholds Identifying the Onset of Auditory Injury Based on 2024 Technical Guidance
----------------------------------------------------------------------------------------------------------------
AUD INJ onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Hearing group..........................
Low-Frequency (LF) Cetaceans........... Cell 1: L0-pk,flat: 222 Cell 2: LE,LF,24h: 197 dB.
dB; LE,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans.......... Cell 3: L0-pk,flat: 230 Cell 4: LE,, HF,24h: 201 dB.
dB; LE,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans.... Cell 5: L0-pk,flat: 202 Cell 6: LE, VHF,24h: 181 dB.
dB; LE,VHF,24h: 159 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: L0-pk.flat: 223 Cell 8: LE,PW,24h: 195 dB.
dB; LE,PW,24h: 183 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: L0-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 (L0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
exposure level (LE,) has a reference value of 1[micro]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.
[[Page 92633]]
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
The sound field in the project area is the existing background
noise plus additional construction noise from the planned project.
Marine mammals are expected to be affected via sound generated by the
primary components of the project (i.e., pile driving and removal).
The project includes vibratory pile installation and removal, and
impact pile driving. Source levels for these activities are based on
reviews of measurements of the same or similar types and dimensions of
piles available in the literature. Source levels for each pile size and
activity each year are presented in table 6. Source levels for
vibratory installation and removal of piles of the same diameter are
assumed to be the same.
Table 6--Estimates of Mean Underwater Sound Levels * Generated During Vibratory and Impact Pile Installation and
Vibratory Pile Removal
----------------------------------------------------------------------------------------------------------------
Pile driving method Pile type Pile size dB RMS dB peak dB SEL Reference
----------------------------------------------------------------------------------------------------------------
Impact....................... Steel Pipe 36-in 193 210 183 Caltrans 2015,
Support Pile. 2020.
Steel Pipe .......... .......... .......... .......... ...............
Batter Pile.
Vibratory Installation and Steel Pipe 36-in 166 N/A N/A NMFS 2023
Extraction. Support. Calculations.
Steel Pipe .......... .......... .......... .......... ...............
Batter.
Steel Pipe 24-in 163 N/A N/A NMFS 2023
Fender. Calculations
Steel Pipe .......... .......... .......... .......... ...............
Template.
----------------------------------------------------------------------------------------------------------------
Note: dB peak = peak sound level; rms = root mean square; SEL = sound exposure level.
* All sound levels are referenced at 10 m.
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 x Log10 (R1/R2),
where
TL = transmission loss in dB
B = transmission loss coefficient
R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement
Absent site-specific acoustical monitoring with differing measured
TL, a practical spreading value of 15 is used as the TL coefficient in
the above formula. Site-specific TL data for the Sitka Sound are not
available; therefore, the default coefficient of 15 is used to
determine the distances to the Level A harassment and Level B
harassment thresholds.
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 2024 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 driving, the optional User Spreadsheet
tool predicts the distance at which, if a marine mammal remained at
that distance for the duration of the activity, it would be expected to
incur AUD INJ, which includes, but is not limited to, PTS. Inputs used
in the optional User Spreadsheet tool, and the resulting estimated
isopleths, are reported below. Table 8 provides the calculated Level A
isopleths that are based on the 2018 Technical Guidance, which were
presented in the proposed FRN (89 FR 56317, July 9, 2024) while table 9
provides the updated Level A isopleths using the 2024 Technical
Guidance.
Table 7--User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
Vibratory Impact
-----------------------------------------------------------------------------
36-in 36-in
haulout 36-in 24-in 24-in haulout 36-in
pier haulout haulout template pier haulout
support pier batter pier fender pile support pier batter
pile pile pile pile pile
----------------------------------------------------------------------------------------------------------------
Installation Installatio
n or
removal Installation
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used.............. A.1) Vibratory pile driving
E.1) Impact pile driving
-----------------------------------------------------------------------------
Source Level (SPL)................ 166 RMS
163 RMS
183 SEL
-----------------------------------------------------------------------------
Transmission Loss Coefficient..... 15
-----------------------------------------------------------------------------
Weighting Factor Adjustment (kHz). 2.5
2
-----------------------------------------------------------------------------
Activity Duration per day 60 120 30 20 ........... ...........
(minutes)........................
[[Page 92634]]
Number of strikes per pile........ ........... ........... ........... ........... 2,000 3,000
-----------------------------------------------------------------------------
Number of piles per day........... 2 4 8 2
-----------------------------------------------------------------------------
Distance of sound pressure level
measurement...................... 10
----------------------------------------------------------------------------------------------------------------
Table 8--Level A Harassment and Level B Harassment Isopleths and Associated Areas From Vibratory and Impact Pile Driving and Vibratory Removal, Using the 2018 Technical Guidance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment: isopleths (m), areas (km\2\) Level B harassment:
Pile size/type Method ------------------------------------------------------------------------------------------------------------------- isopleth (m), areas
LF MF HF PW OW (km\2\)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Support Pile
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile............ Vibratory 23.4, (0.006) 2.1, (0.001) 34.5, (0.009) 14.2, (0.004) 1.0, (0.001) 11,659, (9.41)
Installation.
Impact Installation. 2,516, (3.13) 89.5, (0.022) 2,997, (3.64) 1,347, (1.49) 98, (0.024) 1,585, (1.94)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Batter Pile
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile............ Vibratory 37.1, (0.010) 3.3, (0.003) 54.8, (0.013) 22.5, (0.006) 1.6, (0.001) 11,659, (9.41)
Installation.
Impact Installation. 3,297, (3.97) 117.3, (0.029) 3,928, (4.64) 1,765, (2.24) 128, (0.032) 1,585, (1.94)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Fender Pile
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile............ Vibratory 14.7, (0.004) 1.3, (0.001) 21.8, (0.006) 9.0, (0.003) 0.6, (0.001) 7,356, (7.61)
Installation.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Template Pile
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile............ Vibratory 17.9, (0.005) 1.6, (0.001) 26.4, (0.008) 10.9, (0.003) 0.8, (0.001) 7,356, (7.61)
Installation and
Removal.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Level A Harassment and Level B Harassment Isopleths and Associated Areas * From Vibratory and Impact Pile Driving and Vibratory Removal, Using
the 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment: isopleths (m), areas (km\2\) Level B
------------------------------------------------------------------------------------ harassment:
Pile size/type Method isopleth (m),
LF HF \1\ VHF \2\ PW OW areas (km\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Support Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile......... Vibratory 31.5 12.1 25.8 40.6 13.7 11,659, (9.41)
Installation.
Impact 2,507 319.9 3,880, (4.59) 2,227.3, (2.86) 830.3, (0.62) 1,585, (1.94)
Installation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Batter Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile......... Vibratory 50.1 19.2 40.9 64.4 21.7 11,659, (9.41)
Installation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact 3,285.4 419.2 5,084.2 (5.73) 2,918.6 (3.55) 1,087.9 (1.01) 1,585, (1.94)
Installation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Fender Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile......... Vibratory 19.9 7.6 16.3 25.6 8.6 7,356, (7.61)
Installation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Template Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile......... Vibratory 24.1 9.3 19.7 31.0 10.4 7,356, (7.61)
Installation and
Removal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Level A harassment areas (km\2\) have been presented only in cases where they are necessary to calculate updates to take by Level A harassment based
on the 2024 Technical Guidance and methodology used in the Proposed IHA (89 FR 56317, July 9, 2024). In cases where the shutdown zone meets or exceeds
the Level A harassment isopleth, take by Level A harassment was not reanalyzed.
\1\ Species that were considered Mid-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered High Frequency cetaceans.
\2\ Species that were considered High-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered Very High Frequency cetaceans.
[[Page 92635]]
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 the take calculations.
Additionally, we describe how the occurrence information is
synthesized to produce a quantitative estimate of the take that is
reasonably likely to occur and authorized. Available information
regarding marine mammal occurrence in the vicinity of the project area
includes site-specific and nearby survey information and historic data
sets. Prior data sets consulted included: (1) PSO monitoring completed
at the project site on 8 days between September 20 and 29, 2023 during
the geotechnical investigation preceding this project (Solstice, 2023),
(2) PSO monitoring completed at the project site on 22 days between
October and November 2017 during the Multipurpose Dock Project (TMC,
2017), (3) PSO monitoring completed at O'Connell Bridge (approximately
7 km to the east of the project site) on 4 days in June 2019 (CBS,
2019); (4) Land-based surveys conducted at Sitka's Whale Park completed
weekly between September and May 1995--2000 (Straley and Pendell
(2017)); and, (5) data available on the Global Biodiversity Information
Facility (see CBS's application for further details).
To estimate take, CBS referred to the above referenced data sets to
estimate total (Level A and Level B combined) takes per day for each
species and multiplied this factor by the total number of construction
days. NMFS finds it more appropriate to describe the take estimate
inputs according to a daily occurrence probability in which groups per
day and group size are estimated for each species and multiplied by the
number of days of each type of pile driving activity. The equation used
to estimate take by Level B harassment for all species is:
Exposure Estimate = group size x groups per day x days of pile driving
activity.
CBS initially planned to implement shutdown zones for mid-frequency
cetaceans and otariids (except Steller sea lions) that met or exceeded
the Level A harassment isopleths for all activities. Using the 2018
Technical Guidance, the calculated Level A harassment zones during
impact installation of 36-in steel piles, planned to occur on 30
construction days, exceeded the shutdown zones for phocids, high
frequency cetaceans, and low frequency cetaceans. After applying the
2024 Technical Guidance, the calculated Level A harassment zones for
this activity exceeded the shutdown zones for all species except killer
whale. The best available abundance estimates for these species cover
the general region of Sitka Sound and Silver Bay; therefore, we used
proportional comparisons of predicted harassment areas to estimate
predicted take by Level A harassment. In the absence of density data,
best available monitoring data for the general area were used to
estimate take by Level A harassment. Specifically, to calculate
estimated take by Level A harassment for all species except California
sea lion and Northern fur seal, which are expected to be very rare for
the area) we proportionally compared, by hearing group, the portion of
the largest Level A harassment area square kilometers (km\2\) that
exceeds the planned shutdown zone area (km\2\) to the area (km\2\) of
the largest Level B harassment zone across that pile type (typically
from vibratory pile driving). This ratio was then multiplied by the
group size, daily sightings, and number of construction days, according
to the equation below. For LF cetaceans, there was no meaningful change
to the calculated Level A harassment isopleths after applying the 2024
Technical Guidance. For killer whales, the shutdown zone still exceeds
the calculated Level A harassment isopleths. Therefore, the take
estimates for these species (LF cetaceans and killer whale) have not
changed. The estimated take by Level A harassment has been updated for
all other species to account for larger Level A harassment isopleths
which exceed the shutdown zone.
Take by Level A harassment = Level A harassment area (km\2\)/maximum
Level B harassment area (km\2\) x group size x groups per day x days of
pile driving.
For Steller sea lions, during impact pile driving of 36-in steel
pipe piles (batter and support), the shutdown zone will be established
at 60 meters (m) rather than the larger Level A harassment isopleths
due to practicability; local monitoring data suggests that Steller sea
lions frequently occur within close proximity of the project site. The
method described above did not produce an estimate of take by Level A
harassment consistent with the best available data for this species at
the project location. Therefore, recent monitoring data collected at
this site (Solstice, 2023), were used to calculate take by Level A
harassment. The proportion of Steller sea lions detected between 60 m
and the largest level A zone (130 m based on 2018 Technical Guidance,
updated to 1,087 m based on the 2024 Technical Guidance) was multiplied
by group size, number of daily sightings, and the number of
construction days when impact pile driving would occur according to
this equation:
Take by Level A harassment = group size x groups per day x days of
impact pile driving activity x proportion of Steller sea lions observed
occurring between 60 m and the largest level A zone during geotechnical
drilling.
Take estimates were rounded up to the nearest whole number in table
10.
Gray Whale
CBS requested take by Level B harassment of 31 gray whales, based
on an estimated 1 gray whale every 2 days for 62 construction days.
However, during weekly surveys conducted from September to May between
1995 and 2000, gray whales were infrequently observed in groups of 3
from Whale Park. As such, NMFS proposed 1 group of 3 gray whales every
14 construction days (62/14 construction days = 4.4 2-week construction
week periods), resulting in 14 takes by Level B harassment (1 group x 3
gray whales x 4.4 construction periods = 13.2 takes by Level B
harassment).
The shutdown zone exceeds the calculated Level A harassment zone
except during impact pile driving of 36-in steel piles (support and
battered), estimated across 30 construction days. As such, it is
possible that gray whales may occur in the Level A harassment zone and
stay long enough to incur AUD INJ before exiting during those 30 days.
For 36-in support piles, the ratio of the Level A harassment area
(km\2\) that exceeds the shutdown zone to the maximum predicted Level B
harassment area (km\2\) is 0.06. This activity is estimated to take
place on 20 construction days. For 36-in batter piles, the ratio of the
Level A harassment area (km\2\) that exceeds the shutdown zone to the
Level B harassment area is 0.16. This activity is estimated to take
place on 10 construction days. As such, 3 takes by Level A harassment
are estimated [(0.06 x 4.4 construction periods x 1 group x 3 gray
whales) + (0.16 x 4.4 construction periods x 1 group x 3 gray whales) =
2.9 takes by Level A harassment].
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed, however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
[[Page 92636]]
Level B harassment. Therefore, takes by Level B harassment calculated
as described above were further modified to deduct the authorized
amount of take by Level A harassment. Therefore, NMFS has authorized 3
takes by Level A harassment and 11 takes by Level B harassment for gray
whale, for a total of 14 takes. When allocating take across stocks,
take estimates are rounded up to the nearest whole number.
Humpback Whale
CBS requested take by Level B harassment of 248 humpback whales,
based on an estimated 4 humpback whales occurring every 1 construction
day for 62 construction days. NMFS concurred with this take estimate,
acknowledging that 2 groups of 2 humpback whales occurring each
construction day is reasonable based on previous monitoring data (2
groups x 2 humpback whales x 62 construction days = 248 takes by Level
B harassment of humpback whale).
The shutdown zone exceeds the calculated Level A harassment zone
except during impact pile driving of 36-in steel piles (support and
battered), estimated across 30 construction days. As such, it is
possible that humpback whales may occur in the Level A harassment zone
and stay long enough to incur AUD INJ before exiting. For 36-in support
piles, the ratio of the Level A harassment area (km\2\) that exceeds
the shutdown zone to the maximum predicted Level B harassment area
(km\2\) is 0.06. This activity is estimated to take place on 20
construction days. For 36-in batter piles, the ratio of the Level A
harassment area (km\2\) that exceeds the shutdown zone to the Level B
harassment area is 0.16. This activity is estimated to take place on 10
construction days. As such, 12 takes by Level A harassment are
estimated [(0.06 x 20 construction days x 2 groups x 2 humpback whales)
+ (0.16 x 10 construction days x 2 groups x 2 humpback whales) = 11.2
takes by Level A harassment].
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed, however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
Level B harassment. Therefore, takes by Level B harassment calculated
as described above were further modified to deduct the amount of take
by Level A harassment. Therefore, NMFS has authorized 12 takes by Level
A harassment and 236 takes by Level B harassment for humpback whale,
for a total of 248 takes. When allocating take across stocks, take
estimates are rounded up to the nearest whole number.
Killer Whale
CBS requested take by Level B harassment of 31 killer whales, based
on an estimated 1 killer whale occurring every 2 construction days for
62 construction days. However, because killer whales were unpredictably
observed from Whale Park in groups of 4-8 during weekly surveys
conducted from September to May between 1995 and 2000, NMFS found it
more appropriate to propose 1 group of 8 killer whales every 7
construction days (62/7 construction days = 8.9 construction weeks),
and has authorized the resulting 71 takes by Level B harassment (1
group x 8 killer whales x 8.9 construction weeks = 71 takes by Level B
harassment). No takes by Level A harassment were requested or are
authorized.
Pacific White-Sided Dolphin
CBS requested take by Level B harassment of 16 Pacific white-sided
dolphin, based on an estimated 1 Pacific white-sided dolphin occurring
every 4 construction days for 62 construction days. However, although a
rare occurrence, Pacific white-sided dolphin were observed in groups
averaging 4 individuals when sighted from Whale Park during weekly
surveys conducted from September to May between 1995 and 2000. As such,
NMFS finds it more appropriate to authorize 1 group of 4 Pacific white-
sided dolphin every 14 construction days (62 / 14 = 4.4 2-week
construction periods), resulting in 18 authorized takes by Level B
harassment (1 group x 4 Pacific white-sided dolphin x construction 4.4
periods = 17.6 takes by Level B harassment). No takes by Level A
harassment were requested or proposed for authorization (89 FR 56317,
July 9, 2024).
However, using the 2024 Technical Guidance, the re-calculated Level
A harassment zone exceeds the planned shutdown zone during impact
installation of 36-in steel piles (estimated to occur on 30
construction days). NMFS therefore finds it appropriate to authorize 4
takes by Level A harassment of Pacific white-sided dolphin, which is
derived from the following: For 36-in support piles, the ratio of the
Level A harassment area (km\2\) that exceeds the shutdown zone to the
maximum predicted Level B harassment area (km\2\) is 0.003. This
activity is estimated to take place on 20 construction days (20
construction days / 14 days = 1.43 2-week construction periods). For
36-in batter piles, the ratio of the Level A harassment area (km\2\)
that exceeds the shutdown zone to the Level B harassment area is 0.01.
This activity is estimated to take place on 10 construction days (10
construction days / 14 days = 0.71 2-week periods). As such, 0.05 takes
by Level A harassment are estimated [(0.0 x 1.43 construction days x 1
group x 4 Pacific white-sided dolphin) + (0.01 x 0.71 construction days
x 1 group x 4 pacific white-sided dolphin) = 0.05 takes by Level A
harassment]. The take by Level A harassment estimate was then increased
to the minimum estimated group size of 4 for Pacific white-sided
dolphin.
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed, however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
Level B harassment. Therefore, takes by Level B harassment calculated
as described above were further modified to deduct the amount of take
by Level A harassment. Thus, NMFS has authorized 4 takes by Level A
harassment and 14 takes by Level B harassment for Pacific white-sided
dolphin, for a total of 18 takes. When allocating take across stocks,
take estimates are rounded up to the nearest whole number.
Harbor Porpoise
CBS requested take by Level B harassment of 16 harbor porpoise,
based on an estimated 1 harbor porpoise occurring every 4 construction
days for 62 construction days. However, harbor porpoise were rarely
observed from Whale Park in groups of five during weekly surveys
conducted from September to May between 1995 and 2000. As such, NMFS
finds it more appropriate to authorize 1 group of 5 harbor porpoise
every 14 construction days (62 / 14 construction days = 4.4 2-week
construction week periods), resulting in 22 takes by Level B harassment
(1 group x 5 harbor porpoises x 4.4 construction periods = 22 takes by
Level B harassment).
During impact pile driving of 36-in steel piles, estimated across
30 construction days, the expected Level A harassment zone is larger
than the planned shutdown zone (see Figure 1 of the Marine Mammal
Mitigation and Monitoring Plan). As such, it is possible that harbor
porpoise may enter the Level A harassment zone and stay long enough to
incur AUD INJ before exiting. For 36-in support piles, the ratio of the
Level A harassment area (km\2\) that exceeds the shutdown zone to the
maximum predicted Level B harassment
[[Page 92637]]
area (km\2\) is 0.49 after applying the 2024 Technical Guidance
(increased from 0.38). This activity is estimated to take place on 20
construction days (20 construction days / 14 days = 1.43 2-week
construction periods). For 36-in batter piles, the ratio of the portion
of the Level A harassment area that exceeds the shutdown zone area
(km\2\) to the maximum predicted Level B harassment area is 0.60 after
applying the 2024 Technical Guidance (increased from 0.48). This
activity is estimated to take place on 10 construction days (10
construction days / 14 days = 0.71 2-week construction periods). As
such, six instead of five takes by Level A harassment are authorized
[(0.49 x 1 group x 5 harbor porpoise x 1.43 2-week construction
periods) + (0.60 x 1 group x 5 harbor porpoises x 0.71 2-week
construction periods) = 5.6 takes by Level A harassment].
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed; however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
Level B harassment. Therefore, takes by Level B harassment calculated
as described above were further modified to deduct the amount of take
by Level A harassment. Thus, NMFS has authorized 6 takes by Level A
harassment and 16 takes by Level B harassment for harbor porpoise, for
a total of 22 takes.
Steller Sea Lion
CBS requested take by Level B harassment of 496 Steller sea lions,
based on an estimated 8 Steller sea lions occurring every 1
construction day for 62 construction days. NMFS concurs with this take
estimate, acknowledging that four groups of two Steller sea lions
occurring each construction day is reasonable based on previous
monitoring data (2 groups x 4 Steller sea lion x 62 construction days =
496 takes by Level B harassment of Steller sea lion).
During impact pile driving of 36-in steel piles, estimated across
30 construction days, the expected Level A harassment zone is larger
than the shutdown zone. As such, it is possible that Steller sea lion
may enter the Level A harassment zone and stay long enough to incur AUD
INJ before exiting. For 36-in support piles, the ratio of the Level A
harassment area that exceeds the planned shutdown zone (km\2\) to the
maximum predicted Level B harassment area (km\2\) for is 0.07 after
applying the 2024 Technical Guidance (increased from 0.001). This
activity is estimated to take place on 20 construction days. For 36-in
batter piles, the ratio of the Level A harassment area (km\2\) to the
maximum predicted Level B harassment area is 0.1 after applying the
2024 Technical Guidance (increased from 0.002). This activity is
estimated to take place on 10 construction days. As such, one take by
Level A harassment was estimated [(0.07 x 20 construction days x 2
groups x 4 Steller sea lion x 20 construction days) + (0.1 x 10
construction days x 2 groups x 4 Steller sea lion x 10 construction
days) = 19.2 takes by Level A harassment].
However, the 19.2 takes by Level A harassment estimated using the
method described above likely does not reflect the true occurrence of
Steller sea lion in the project area. Based on monitoring data
collected during geotechnical survey conducted to inform CBS's IHA
application, Steller sea lions are expected to disproportionally occur
within close proximity to the project site. All (100 percent) Steller
sea lions documented during that survey were observed between 60 m and
1,087.9 m, which corresponds to the Level A zones during impact pile
driving of 36-in piles after applying the 2024 Technical Guidance.
These scenarios may occur on up to 30 construction days. Therefore 240
additional takes by Level A harassment are anticipated (2 groups of 4
Steller sea lion x 30 construction days x 1 = 240 takes by Level A
harassment).
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed, however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
Level B harassment. Therefore takes by Level B harassment calculated as
described above are further modified to deduct the authorized amount of
take by Level A harassment. Thus, NMFS has authorized 240 takes by
Level A harassment and 256 takes by Level B harassment for Steller sea
lion, for a total of 496 takes.
California Sea Lion
CBS requested take by Level B harassment of five California sea
lions, based on an estimated one California sea lion occurring every
month that construction is planned (October to March = 5 months) to
account for the unlikely but small possibility that California sea lion
could occur in the project area. However, NMFS finds it more
appropriate to estimate take by Level B harassment according to
duration of in-water work (62 construction days/30 days in 1 month =
2.06 construction months). As such, NMFS authorized take by Level B
harassment of three California sea lion (1 group x 1 California sea
lion x 2.06 construction months = 2.06 takes by Level B harassment of
California sea lion). After applying the 2024 Technical Guidance,
calculated Level A harassment isopleths increased to 830 m and 1,087 m
during impact pile driving activities, which is much further than the
distances at which we estimate this species can reliably be observed by
PSOs. As such NMFS has authorized a maximum total of 3 takes by either
Level B or Level A harassment.
Northern Fur Seal
CBS requested take by Level B harassment of five northern fur
seals, based on an estimated one northern fur seal occurring every
month that construction is planned (October-March = 5 months) to
account for the unlikely but small possibility that northern fur seals
could occur in the project area. However, NMFS finds it more
appropriate to estimate take by Level B harassment according to the
duration of in-water work (62 construction days/30 days in 1 month =
2.06 months). As such, NMFS authorized take by Level B harassment of
three northern fur seals (1 group x 1 northern fur seal x 2.06
construction months = 2.06 takes by Level B harassment of northern fur
seal). After applying the 2024 Technical Guidance, calculated Level A
harassment isopleths increased to 830 m and 1,087 m during impact pile
driving activities, which is much further than the distances at which
we estimate this species can reliably be observed by PSOs. As such,
NMFS has authorized a maximum total of 3 takes by either Level B or
Level A harassment.
Harbor Seal
CBS requested take by Level B harassment of 124 harbor seals, based
on an estimated 2 harbor seals occurring every 2 construction days for
62 construction days. However, because harbor seals are frequently
documented in the project area, NMFS finds it more appropriate to
authorize 186 takes by Level B harassment of harbor seal, based on the
maximum groups size of 3 documented at the project site in 2017 (1
group x 3 harbor seal x 62 construction days = 186 takes by Level B
harassment).
During impact pile driving of 36-in steel piles, estimated across
30 construction days, the expected Level A harassment zone is larger
than the planned shutdown zone. As such, it is possible that harbor
seal may enter the Level A harassment zone and stay long enough to
incur AUD INJ before exiting.
[[Page 92638]]
For 36-in support piles, the ratio of the Level A harassment area
(km\2\) that exceeds the planned shutdown zone to the Level B
harassment area (km\2\) is 0.27 after applying the 2024 Technical
Guidance (increased from 0.16). This activity is estimated to take
place on 20 construction days. For 36-in batter piles, the ratio of the
Level A harassment area that exceeds the shutdown zone area (km\2\) to
the maximum predicted Level B harassment area is 0.24 after applying
the 2024 Technical Guidance (increased from 0.23). This activity is
estimated to take place on 10 construction days. As such, 34 takes by
Level A harassment are estimated [(0.27 x 20 construction days x 1
group x 3 harbor seals) + (0.34 x 10 construction days x 1 group x 3
harbor seals) = 52.8 takes by Level A harassment].
Any individuals exposed to the higher levels associated with the
potential for AUD INJ closer to the source might also be behaviorally
disturbed, however, for the purposes of quantifying take we do not
count those exposures of one individual as a take by both Level A and
Level B harassment. Therefore, takes by Level B harassment calculated
as described above are further modified to deduct the amount of take by
Level A harassment. Thus, NMFS has authorized 53 takes by Level A
harassment and 133 takes by Level B harassment for harbor seal, for a
total of 186 takes.
The total takes authorized for all species are summarized in table
10 below, which reflects changes incorporated after applying the 2024
Technical Guidance. Take by Level A harassment is authorized for a
total of 3 individuals for gray whale, 12 individuals for humpback
whale, 4 individuals for Pacific white-sided dolphin (increased from
0), 6 individuals for harbor porpoise (increased from 5), 240
individuals for Steller sea lion (increased from 88), 53 (increased
from 34) individuals for harbor seal, 3 individuals of California sea
lion (increased from 0), and 3 individuals of Northern fur seal
(increased from 0).
Table 10--Take by Stock and Harassment Type and as a Percentage of Stock Abundance Presented in Proposed FRN (89 FR 56317, July 9, 2024) and as
Authorized Based on the Updated 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed authorized take \1\ Authorized take \1\ Authorized
------------------------------------------------------------------------------ take as a
Species Stock percentage of
Level B harassment Level A harassment Level B Level A stock
harassment harassment abundance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray Whale......................... Eastern N. Pacific... 11................... 3.................... 11 3 <1
Humpback Whale \2\................. Mexico--North Pacific 5.................... 1.................... 5 1 <1
Hawai[revaps]i....... 231.................. 11................... 231 11 2.2
Killer Whale \3\................... ENP Alaska Resident.. 44................... 0.................... 44 0 2.3
ENP Northern Resident 7.................... 0.................... 7 0 2.3
ENP Gulf of Alaska, 14................... 0.................... 14 0 2.4
Aleutian Islands,
and Bering Sea.
West Coast Transient. 8.................... 0.................... 8 0 2.3
Pacific white-sided dolphin........ North Pacific........ 18................... 0.................... 14 4 <1
Harbor Porpoise.................... Yakutat/Southeast 17................... 5.................... 16 6 (\4\)
Alaska Offshore
Waters.
Steller sea lion \5\............... Western DPS.......... 5.................... 1.................... 4 3 <1
Eastern DPS.......... 402.................. 88................... 252 237 1.3
--------------------------------
California sea lion................ United States........ 3.................... 0.................... 3 <1
--------------------------------
Northern fur seal.................. Eastern Pacific...... 3.................... 0.................... 3 <1
--------------------------------
Harbor Seal........................ Sitka/Chatham Strait. 152.................. 34................... 133 53 1.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When allocating take across stocks, take estimates are rounded up to the nearest whole number.
\2\ 2 percent of take by Level A and Level B harassment of humpback whales are allocated to the Mexico DPS according to NMFS, 2021.
\3\ Take by level B harassment of killer whale is allocated across stocks according to the proportion of the stock compared to total number of animals
in all four stocks that could occur in the project area: Alaska Residents, 60.7 percent; Northern Residents, 9.6 percent; Gulf of Alaska, Aleutian
Islands, and Bering Sea: 18.6 percent ; West Coast Transient, 11.1 percent.
\4\ A reliable abundance estimate for this stock is currently unavailable.
\5\ 1.2 percent take by Level A and Level B harassment of Steller sea lions are allocated to the Western DPS according to Hastings et al. (2020).
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
[[Page 92639]]
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, as
well as subsistence uses. 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.
Mitigation for Marine Mammals and Their Habitat
Shutdown Zones--For all pile driving activities, CBS plans to
implement shutdowns within designated zones. The purpose of a shutdown
zone is generally to define an area within which shutdown of the
activity will occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area). Shutdown zones
vary based on the activity type and marine mammal species or hearing
group (table 11 and table 12). In most cases, the shutdown zones are
based on the estimated Level A harassment isopleth distances for each
hearing group. However, in cases where it would be challenging to
detect marine mammals at the Level A harassment isopleth (e.g., for all
species during impact pile driving except killer whale, after
application of the 2024 Technical Guidance) and/or frequent shutdowns
would create practicability concerns (e.g., Steller sea lions during
impact pile driving), smaller shutdown zones are planned (table 12).
Construction supervisors and crews, PSOs, and relevant CBS staff
must avoid direct physical interaction with marine mammals during
construction activity. If a marine mammal comes within 10 m of such
activity, operations must cease and vessels must reduce speed to the
minimum level required to maintain steerage and safe working
conditions, as necessary to avoid direct physical interaction. If an
activity is delayed or halted due to the presence of a marine mammal,
the activity may not commence or resume until, either the animal has
voluntarily exited and been visually confirmed beyond the shutdown zone
indicated in table 11, or 15 minutes have passed without re-detection
of the animal.
Finally, construction activities must be halted upon observation of
a species for which incidental take is not authorized or a species for
which incidental take has been authorized but the authorized number of
takes has been met entering or within any harassment zone. If a marine
mammal species not covered under this IHA enters a harassment zone, all
in-water activities will cease until the animal leaves the zone or has
not been observed for at least 15 minutes, and NMFS would be notified
about species and precautions taken. Pile driving will proceed if the
unauthorized species is observed leaving the harassment zone or if 15
minutes have passed since the last observation.
Table 11--Shutdown Zones Presented in the Proposed FRN
[89 FR 56317, July 9, 2024]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shutdown zones (m)
-----------------------------------------------------------------------------
OW
Pile size/type Method -------------------------
LF MF HF PW Steller sea
lion Other OW
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Support Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile...................... Vibratory Installation....... 30 10 40 20 10 10
Impact Installation.......... 2,000 90 300 130 60 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Batter Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile...................... Vibratory Installation....... 40 10 60 30 10 10
Impact Installation.......... 2,000 120 300 130 60 130
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Fender Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile...................... Vibratory Installation....... 20 10 30 10 10 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Template Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile...................... Vibratory Installation and 20 10 30 20 10 10
removal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 12--Final Shutdown zones based on the 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shutdown zones (m)
-------------------------------------------------------------------------------
HF \1\ OW
Pile size/type Method ------------------------ ----------------------
LF Killer VHF \2\ PW Steller
whale Other HF sea lion Other OW
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Support Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile..................... Vibratory Installation...... \3\ 40 \3\ 20 \3\ 20 40 \3\ 50 \3\ 20 \3\ 20
Impact Installation......... 2,000 \3\ 320 \4\ 300 300 130 60 \4\ 130
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Batter Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-in Steel Pipe Pile..................... Vibratory Installation...... \3\ 60 \3\ 20 \3\ 20 60 \3\ 70 \3\ 30 \3\ 30
[[Page 92640]]
Impact Installation......... 2,000 \3\ 420 \4\ 300 300 130 60 130
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haulout Pier Fender Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile..................... Vibratory Installation...... 20 10 10 30 \3\ 30 10 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Template Pile
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Pipe Pile..................... Vibratory Installation and \3\ 30 10 10 30 40 20 20
removal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species that were considered Mid-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered High Frequency cetaceans.
\2\ Species that were considered High-Frequency cetaceans under the NMFS 2018 Technical Guidance are now considered Very High Frequency cetaceans.
\3\ Shutdown zones have been increased to meet the calculated Level A harassment isopleths using the 2024 Technical Guidance.
\4\ Shutdown zones have been increased to the extent that this hearing group is expected to be reliably observable.
Protected Species Observers--The number and placement of PSOs
during all construction activities (described in the Monitoring and
Reporting section) would ensure that the entire shutdown zone is
visible during impact pile driving. In such cases, PSOs will monitor
the Level A harassment zone and corresponding shutdown zone to the
greatest extent practicable. CBS will employ at least three PSOs for
all pile driving activities.
Monitoring for Level A and Level B Harassment--PSOs will monitor
the shutdown zones and beyond to the extent that PSOs can see.
Monitoring beyond the shutdown zones enables observers to be aware of,
and communicate the presence of, marine mammals in the project areas
outside the shutdown zones and thus prepare for a potential cessation
of activity should the animal enter the shutdown zone. If a marine
mammal enters either harassment zone, PSOs will document the marine
mammal's presence and behavior.
Pre-and Post-Activity Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, PSOs will observe the shutdown zones and as
much as the harassment zones as possible for a period of 30 minutes.
Pre-start clearance monitoring must be conducted during periods of
visibility sufficient for the lead PSO to determine that the shutdown
zones are clear of marine mammals. If the shutdown zone is obscured by
fog or poor lighting conditions, in-water construction activity will
not be initiated until the entire shutdown zone is visible. Pile
driving may commence following 30 minutes of observation when the
determination is made that the shutdown zones are clear of marine
mammals. If a marine mammal is observed entering or within shutdown
zones, pile-driving activity must be delayed or halted. If pile driving
is delayed or halted due to the presence of a marine mammal, the
activity may not commence or resume until either the animal has
voluntarily exited and been visually confirmed beyond the shutdown zone
or 15 minutes have passed without re-detection of the animal. If a
marine mammal for which take by Level B harassment is authorized is
present in the Level B harassment zone, activities may begin.
Soft-Start--The use of soft-start procedures are believed to
provide additional protection to marine mammals by providing warning
and/or giving marine mammals a chance to leave the area prior to the
hammer operating at full capacity. For impact pile driving, contractors
will be required to provide an initial set of three strikes from the
hammer at reduced energy, with each strike followed by a 30-second
waiting period. This procedure will be conducted a total of three times
before impact pile driving begins. Soft start will be implemented at
the start of each day's impact pile driving and at any time following
cessation of impact pile driving for a period of 30 minutes or longer.
Soft start is not required during vibratory pile driving activities.
Based on our evaluation of the applicant's planned measures, NMFS
has determined that the planned 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. Note that the
applicant opted to forgo the use of a bubble curtain as a mitigation
measure as its use would decrease production rates due to the need to
reposition the curtain around piles and vessel traffic, the need to
maintain and operate the compressor, and delays associated with
mechanical malfunctions.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or
[[Page 92641]]
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 NMFS-approved PSOs 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 other relevant experience,
education (degree in biological science or related field) or training
for experience performing the duties of a PSO during construction
activities pursuant to a NMFS-issued incidental take authorization;
Where a team of three or more PSOs is required, a lead
observer or monitoring coordinator will be designated. The lead
observer will be required to have prior experience working as a marine
mammal observer during construction activity pursuant to a NMFS-issued
incidental take authorization; and
PSOs must be approved by NMFS prior to beginning any
activity subject to this IHA.
PSOs must also 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 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 note 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.
Visual monitoring will be conducted by a minimum of 3 trained PSOs
positioned at suitable vantage points, such as the project site,
Sawmill Creek Road and Medveje Hatchery (see figure 1 in CBS's Marine
Mammal Mitigation and Monitoring Plan). During vibratory pile driving,
at least one PSO will have an unobstructed view of all water within the
shutdown zone. During impact pile driving, a second PSO will be placed
at Sawmill Creek Road to ensure the largest shutdown zone extending
into Eastern Channel is observable and a third PSO would be placed at
Medvejie Hatchery to ensure as much of the shutdown zone in Silver Bay
is observable as possible. All PSOs will be stationed on elevated
platforms to aid in monitoring marine mammals.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after all in water construction activities. In addition, PSOs
will 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.
Reporting
CBS will submit a draft marine mammal monitoring report 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 monitoring report will include an overall description
of work completed, a narrative regarding marine mammal sightings, and
associated PSO data sheets. Specifically, the report will include:
Dates and times (begin and end) of all marine mammal
monitoring;
Construction activities occurring during each daily
observation period, including: (1) the number and type of piles that
were driven and the method (e.g., impact or vibratory); and, (2) total
duration of driving time for each pile (vibratory driving) and number
of strikes for each pile (impact driving);
PSO locations during marine mammal monitoring;
Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance;
Upon observation of a marine mammal, the following
information: (1) name of PSO who sighted the animal(s) and PSO location
and activity at time of sighting; (2) time of sighting; (3)
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; (4)
distance and location of each observed marine mammal relative to the
pile being driven for each sighting; (5) estimated number of animals
(min/max/best estimate); (6) estimated number of animals by cohort
(adults, juveniles, neonates, group composition, etc.); (7) animal's
closest point of approach and estimated time spent within the
harassment zone; and, (8) description of any marine mammal behavioral
observations (e.g., observed behaviors such as feeding or traveling),
including an assessment of behavioral responses thought to have
resulted from the activity (e.g., no response or changes in behavioral
state such as ceasing feeding, changing direction, flushing, or
breaching);
Number of marine mammals detected within the harassment
zones, by species; and
Detailed information about implementation of any
mitigation (e.g., shutdowns and delays), a description of specific
actions that ensued, and resulting changes in behavior of the
animal(s), if any.
A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report. If no
comments are received from NMFS within 30 calendar days of receipt of
the draft report, the report shall be considered final. All PSO data
will be submitted electronically in a format that can be queried such
as a spreadsheet or database and will 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, the Holder must report the
incident to the OPR, NMFS ([email protected] and
[email protected]) and Alaska Regional Stranding network (877-925-
7773) as soon as feasible. If the death or injury was clearly caused by
the
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specified activity, the Holder must immediately cease the activities
until NMFS OPR 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 this IHA. The Holder must not resume their
activities until notified by NMFS. The report must include the
following information:
Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
Species identification (if known) or description of the
animal(s) involved;
Condition of the animal(s) (including carcass condition if
the animal is dead);
Observed behaviors of the animal(s), if alive;
If available, photographs or video footage of the
animal(s); and
General circumstances under which the animal was
discovered.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and 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).
The incorporation of the 2024 Updated Technical Guidance does not
alter the original scope of the activity analyzed or our effects
analysis in a manner that materially affects the basis for original
findings under the IHA. Shutdown zones have been increased to meet or
exceed the Level A harassment zone calculated using the 2024 Technical
Guidance where practicable. In cases where the shutdown zones cannot be
increased due to observability or practicability concerns, a slightly
larger proportion of overall proposed take has been authorized as take
by Level A harassment. However, the total take authorized remains the
same as the take proposed for authorization during the public comment
period for all species. Accordingly, we have determined that even with
the incorporation of the 2024 Technical Guidance, this project will
have a negligible impact on the affected species stocks and the
negligible impact analysis presented in the proposed FRN remains
applicable.
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. There is little information about the nature or severity of
the impacts, or the size, status, or structure of any of these species
or stocks that would lead to a different analysis for this activity.
Pile driving and removal activities associated with the project, as
outlined previously, have the potential to disturb or displace marine
mammals. Specifically, the specified activities may result in take, in
the form of Level B harassment and, for some species, Level A
harassment from underwater sounds generated by pile driving and
removal. Potential takes could occur if individuals are present in the
ensonified zone when these activities are underway.
No serious injury or mortality is expected, even in the absence of
required mitigation measures, given the nature of the activities.
Following the incorporation of the 2024 Updated Technical Guidance
take by Level A harassment is authorized for all species except killer
whale. Any take by Level A harassment is expected to arise from, at
most, a small degree of AUD INJ (i.e., minor degradation of hearing
capabilities within regions of hearing that align most completely with
the energy produced by impact pile driving such as the low-frequency
region below 2 kHz), not severe hearing impairment or impairment within
the ranges of greatest hearing sensitivity. Animals would need to be
exposed to higher levels and/or longer duration than are expected to
occur here in order to incur any more than a small degree of AUD INJ.
Further, the amount of take by Level A harassment authorized is
very low for all marine mammal stocks and species, except Steller sea
lion. NMFS expects no more than 3 takes by Level A harassment for gray
whale, 12 takes by Level A harassment for humpback whale; 4 takes by
Level A harassment for Pacific white-sided dolphin, 6 takes by Level A
harassment for harbor porpoise; 53 takes by Level A harassment for
harbor seal; 3 takes by Level A or Level B harassment for California
sea lion; and, 3 takes by Level A or Level B harassment for Northern
fur seal. Although 240 takes by Level A harassment for Steller sea lion
are authorized, if hearing impairment occurs, it is most likely that
the affected animal would lose only a few dB in its hearing
sensitivity. Due to the small degree anticipated, any AUD INJ potential
incurred would not be expected to affect the reproductive success or
survival of any individuals, much less result in adverse impacts on the
species or stock.
Additionally, some subset of the individuals that are behaviorally
harassed could also simultaneously incur some small degree of TTS for a
short duration of time. However, since the hearing sensitivity of
individuals that incur TTS is expected to recover completely within
minutes to hours, it is unlikely that the brief hearing impairment
would affect the individual's long-term ability to forage and
communicate with conspecifics, and would therefore not likely impact
reproduction or survival of any individual marine mammal, let alone
adversely affect rates of recruitment or survival of the species or
stock.
Effects on individuals that are taken by Level B harassment in the
form of behavioral disruption, on the basis of reports in the
literature as well as monitoring from other similar activities, would
likely be limited to reactions such as avoidance, increased swimming
speeds, increased surfacing time, or decreased foraging (if such
activity were occurring) (e.g., Thorson and Reyff, 2006). Most likely,
individuals would simply move away from the sound source and
temporarily avoid the area where pile driving is occurring. If sound
produced by project activities is sufficiently disturbing, animals are
likely to simply avoid the area while the activities are occurring. We
expect that
[[Page 92643]]
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 project is also not expected to have significant adverse
effects on affected marine mammals' habitats. The project activities
would not modify existing marine mammal habitat for a significant
amount of time. The activities may cause a low level of turbidity in
the water column and some fish may 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.
While Steller sea lions are common in the project area, there are
no essential primary constituent elements, such as haulouts or
rookeries, present. The nearest haulout is well over 25 km away.
Therefore, the project is not expected to have significant adverse
effects on the critical habitat of Western DPS Steller sea lions. No
areas of specific biological importance (e.g., ESA critical habitat,
BIAs, or other areas) for any other species are known to co-occur with
the project area.
In addition, it is unlikely that minor noise effects in a small,
localized area of habitat would have any effect on each stock's ability
to recover. In combination, we believe that these factors, as well as
the available body of evidence from other similar activities,
demonstrate that the potential effects of the specified activities
would have only minor, short-term effects on individuals. The specified
activities are not expected to impact rates of recruitment or survival
and would therefore not result in population-level impacts.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect 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 would be of a low degree, and except
for Eastern DPS Steller sea lion and harbor seal, of very small
amounts;
For all species, Silver Bay and East Channel are a very
small and peripheral part of their range;
Anticipated takes by Level B harassment are relatively low
for all stocks. Level B harassment would be primarily in the form of
behavioral disturbance, resulting in avoidance of the project areas
around where impact or vibratory pile driving is occurring, with some
low-level TTS that may limit the detection of acoustic cues for
relatively brief amounts of time in relatively confined footprints of
activities;
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;
The ensonified areas are very small relative to the
overall habitat ranges of all species and stocks, and would not
adversely affect ESA-designated critical habitat for any species or any
areas of known biological importance;
The lack of anticipated significant or long-term negative
effects to marine mammal habitat; and
CBS will implement mitigation measures including visual
monitoring, soft-start, and shutdown zones to minimize the numbers of
marine mammals exposed to injurious levels of sound, and to ensure that
take by Level A harassment is, at most, a small degree of AUD INJ.
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 planned monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned 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.
The amount of take NMFS authorized is below one third of the
estimated stock abundance for all species. This is likely a
conservative estimate because we assume all takes are of different
individual animals, which likely would not be the case. Some
individuals may return multiple times in a day, but PSOs will count
them as separate takes if they cannot be individually identified.
The most recent abundance estimate for the Mexico-North Pacific
stock of humpback whale is likely unreliable as it is more than eight
years old. The most relevant estimate of this stock's abundance in
Southeast Alaska is 918 humpback whales (Wade, 2021), so the 4
authorized takes by Level B harassment and 1 authorized take by Level A
harassment is small relative to the estimated abundance (<1 percent),
even if each authorized take occurred to a new individual.
There is no abundance information available for the Yakutat/
Southeast Alaska stock of harbor porpoise. However, the take numbers
are sufficiently small (16 takes by Level B harassment and 6 takes by
Level A harassment, updated from 17 takes by Level B harassment and 5
takes by Level A harassment after applying the 2024 Technical Guidance)
that we can safely assume that they are small relative to any
reasonable assumption of likely population abundance for these stocks.
For reference, current abundance estimates for harbor porpoise stocks
in Southeast Alaska include 1,619 (Northern Southeast Alaska Inland
Waters) and 890 (Southern Southeast Alaska Inland Waters).
Based on the analysis contained herein of the planned activity
(including the planned mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals would be taken relative to the population size of the
affected species or stocks.
[[Page 92644]]
Unmitigable Adverse Impact Analysis and Determination
In order to issue an IHA, NMFS must find that the specified
activity will not have an ``unmitigable adverse impact'' on the
subsistence uses of the affected marine mammal species or stocks by
Alaskan Natives. NMFS has defined ``unmitigable adverse impact'' in
Sec. 216.103 as an impact resulting from the specified activity that:
(1) is likely to reduce the availability of the species to a level
insufficient for a harvest to meet subsistence needs by (i) causing the
marine mammals to abandon or avoid hunting areas, (ii) directly
displacing subsistence users, or (iii) placing physical barriers
between the marine mammals and the subsistence hunters; and, (2) cannot
be sufficiently mitigated by other measures to increase the
availability of marine mammals to allow subsistence needs to be met.
For marine mammals, Alaska Natives have traditionally harvested
harbor seals and Steller sea lions in Sitka, Alaska. During the most
recent ADF&G subsistence harvest report (2013), about 11 percent of
Sitka households used subsistence-caught marine mammals, however, this
is the most recent data available and there has not been a survey since
2013 (ADF&G, 2023).
The project is not likely to adversely impact the availability of
any marine mammal species or stocks that are commonly used for
subsistence purposes or impact subsistence harvest of marine mammals in
the region because:
There is no recent recorded subsistence harvest of marine
mammals in the area;
Construction activities are temporary and localized to the
Gary Paxton Industrial Park, and industrial area;
Construction will not take place during the herring
spawning season when subsistence species are more active;
Mitigation measures will be implemented to minimize
disturbance of marine mammals in the action area; and
The project will not result in significant changes to
availability of subsistence resources.
Based on the description of the specified activity, the measures
described to minimize adverse effects on the availability of marine
mammals for subsistence purposes, and the planned mitigation and
monitoring measures, NMFS has determined that there will not be an
unmitigable adverse impact on subsistence uses from CBS's planned
activities.
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, in this case with the Alaska Regional Office
(AKRO).
NMFS is authorizing take of western DPS of Steller sea lions and
the Mexico DPS of humpback whales, which are listed under the ESA. The
NMFS AKRO issued a Biological Opinion under Section 7 of the ESA on the
issuance of an IHA to CBS under section 1010(a)(5)(D) of the MMPA by
NMFS OPR. The biological opinion concluded that the action is not
likely to jeopardize the continued existence of the listed species.
National Environmental Policy Act (NEPA)
To comply with the NEPA of 1969 (42 U.S.C. 4321 et seq.) and NOAA
Administrative Order (NAO) 216-6A, NMFS must review our proposed action
(i.e., the issuance of an IHA) with respect to potential impacts on the
human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for 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 the IHA qualifies to be categorically excluded from further
NEPA review.
Authorization
NMFS has issued an IHA to CBS for the potential harassment of small
numbers of nine marine mammal species incidental to the Gary Paxton
Industrial Park Vessel Haulout project in Sitka, Alaska, that includes
the previously explained mitigation, monitoring and reporting
requirements.
Dated: November 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-27342 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-22-P