Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment Remediation Project, San Francisco Bay, 92649-92655 [2024-27346]
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
MOS’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
Dated: November 19, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
National Environmental Policy Act
AGENCY:
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our action
(i.e., the issuance of an IHA renewal)
with respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
IHA.
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Endangered Species Act
The NMFS Alaska Regional Office
issued a Biological Opinion under
section 7 of the Endangered Species Act
(ESA; 16 U.S.C. 1531 et seq.) on the
issuance of an IHA and potential
renewal IHA to MOS under section
101(a)(5)(D) of the MMPA by the NMFS
OPR. The Biological Opinion concluded
that the action is not likely to jeopardize
the continued existence of ESA-listed
humpback whales or Steller sea lions.
Renewal
NMFS has issued a renewal IHA to
MOS for the take of marine mammals
incidental to conducting the terminal
redevelopment construction in
Skagway, Alaska, from the date of
issuance through September 30, 2025.
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[FR Doc. 2024–27442 Filed 11–21–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE479]
Pacific Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
The Pacific Fishery
Management Council (Pacific Council)
will convene a series of three online
meetings of its Advisory Bodies to
discuss Pacific Council projects funded
under the Inflation Reduction Act (IRA);
all three meetings are open to the
public.
DATES: The online meetings will be held
on Wednesday, December 11, 2024,
from 10 a.m. to 2 p.m., Pacific time, or
until business for the day is completed;
Friday, December 13, 2024, from 12
p.m. to 4 p.m., or until business for the
day is completed; and Tuesday,
December 17, 2024, from 12 p.m. to 4
p.m., or until business for the day is
completed.
ADDRESSES: These meetings will be held
online. Specific meeting information,
including directions on how to join the
meetings and system requirements, will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Gilly Lyons, Staff Officer, Pacific
Council; telephone: (503) 820–2427.
SUPPLEMENTARY INFORMATION: The
Pacific Council will hold a series of
three online meetings to discuss its IRA
projects and associated project planning
and development. Members of Advisory
Bodies in attendance may also discuss
project timelines, work products,
milestones, and Advisory Body roles
and responsibilities. Each meeting will
SUMMARY:
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92649
focus on a separate IRA project:
December 11—Innovating the
Implementation of Council Actions to
Respond to a Dynamic Ocean
Environment; December 13—
Considering the Effects of Council
Management Actions on Human WellBeing in Vulnerable Fishing
Communities Impacted by a Changing
Marine Ecosystem; and December 17—
Developing Climate-Ready Fishing
Methods that Mitigate Bycatch of NonTarget, Associated Species in a
Changing Ecosystem. Detailed meeting
agendas will be available on the Pacific
Council’s website prior to the meeting.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during these
meetings. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–27370 Filed 11–21–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE451]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Pacific Gas &
Electric Sediment Remediation Project,
San Francisco Bay
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
SUMMARY:
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amended, notification is hereby given
that NMFS has issued a renewal
incidental harassment authorization
(IHA) to Pacific Gas & Electric (PG&E) to
incidentally harass marine mammals
incidental to construction associated
with a sediment remediation project in
San Francisco Bay, CA.
DATES: This renewal IHA is valid from
May 1, 2025 through April 30, 2026.
ADDRESSES: Electronic copies of the
original application, Renewal request,
and supporting documents (including
NMFS Federal Register notices of the
original proposed and final
authorizations, and the previous IHA),
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-pacificgas-electric-sediment-remediationproject-san. In case of problems
accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
promulgated or, if the taking is limited
to harassment, an IHA is issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
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‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and NMFS’s
implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
requested public comment on a
potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical,
or nearly identical, activities as
described in the Detailed Description of
Specified Activities section of the initial
IHA issuance notice is planned or (2)
the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
notice of issuance of the initial IHA,
provided all of the following conditions
are met:
1. A request for renewal is received no
later than 60 days prior to the needed
renewal IHA effective date (recognizing
that the renewal IHA expiration date
cannot extend beyond 1 year from
expiration of the initial IHA).
2. The request for renewal must
include the following:
• An explanation that the activities to
be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
• A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
3. Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
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will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
renewal. A description of the renewal
process may be found on our website at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals.
History of Request
On January 22, 2024, NMFS issued an
IHA to PG&E to take marine mammals
incidental to construction associated
with sediment remediation in San
Francisco Bay, CA (89 FR 5865, January
30, 2024), effective from May 1, 2024,
through April 30, 2025. On September
26, 2024, NMFS received an application
for the renewal of that initial IHA. As
described in the application for renewal
IHA, the activities for which incidental
take is requested are nearly identical to
those covered in the initial IHA.
Although PG&E anticipates that
construction will begin during the
timeframe of the initial IHA, no work
has yet commenced and therefore no
preliminary monitoring data are
available. The notice of the proposed
renewal incidental harassment
authorization was published on October
16, 2024 (89 FR 83459). There are no
changes from the proposed renewal IHA
to the final renewal IHA.
Description of the Specified Activities
and Anticipated Impacts
The planned activities are nearly
identical to those analyzed in the initial
IHA. As the first phase of a 5- to 7-year
project to remediate sediments impacted
with polycyclic aromatic hydrocarbons
(PAHs) in San Francisco Bay, PG&E is
planning to install hydroacoustic data
collection piles, piles to attach a
turbidity curtain, sediment pins to
promote slope stability, and install and
remove piles to relocate the Red and
White Fleet (RWF). A detailed
description of these activities can be
found in the Notice of the initial
Proposed IHA (88 FR 82836, November
27, 2023). Under the initial IHA, eight
24-inch steel shell piles and eight 36inch steel shell piles were to be
installed and removed for the RWF
Relocation. Under the renewal IHA,
PG&E plans to install and remove 10 24inch piles and 10 36-inch steel shell
piles for the RWF Relocation. No more
than four of each of these piles would
be installed or removed per day. As
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analyzed in the initial IHA, installation
of these piles would be done through
primarily vibratory pile driving with
impact pile driving only as needed to
seat the piles. Removal would be
through vibratory methods. The
remainder of the work would be
identical to that of the initial IHA, and
the total proposed number of days of inwater work would be the same.
Under the initial IHA, take by Level
B harassment from pile driving was
authorized for harbor seal (Phoca
vitulina), northern elephant seal
(Mirounga angustirostris), California sea
lion (Zalophus californianus), northern
fur seal (Callorhinus ursinus), Steller
sea lion (Eumetopias jubatus),
bottlenose dolphin (Tursiops truncatus),
and harbor porpoise (Phocoena
phocoena). Under the renewal IHA,
NMFS is authorizing take, by Level B
harassment only, of the same number of
these species as were authorized under
the initial IHA.
Documents related to the initial IHA
including the Federal Register notices
for the proposed IHA (88 FR 82836,
November 27, 2023) and final IHA (89
FR 5865, January 30, 2024) and PG&E’s
application can be found at https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-pacificgas-electric-sediment-remediationproject-san.
Detailed Description of the Activity
A detailed description of the pile
driving activities for which take is
authorized here may be found in the
Notices of the Proposed and Final IHAs
(88 FR 82836, November 27, 2023; 89
FR 5865, January 30, 2024) for the initial
authorization. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the
previous notices.
The only minor change for this
renewal IHA is the addition of two 24inch and two 36-inch steel shell piles in
the RWF relocation, which would be
installed with vibratory pile driving and
impact pile driving only as needed to
seat the piles. The piles would be
removed with vibratory methods. The
addition of these piles would not
change the number of in-water work
days (50 days; see table 1). The renewal
would be effective for a period not
exceeding 1 year from the date of
expiration of the initial IHA. The
effective dates would be from May 1,
2025, to April 30, 2026.
TABLE 1—SCHEDULE OF IN-WATER CONSTRUCTION
Number of piles
installed/
removed per day
Days of pile
driving or removal
Type of pile
Total number of pile installation/removal
Turbidity Curtain (Steel H-Piles or Steel Shell Pile
≤ 24 inches).
RWF Temporary Relocation (24-inch and 36-inch
Steel Shell Piles).
Sediment Pin Installation (14- to 16-inch timber or
plastic).
Hydroacoustic Data Collection Piles (18-inch composite).
40 (20 installed, 20 removed) ................................
4
10
40 (20 installed, 20 removed) ................................
4
10
120 (installation only) .............................................
8
15
20 (10 installed, 10 removed) ................................
2
10
Total .................................................................
180 .........................................................................
..............................
45
Total (+10% buffer) .................................................
.................................................................................
..............................
* 50
* Rounded to maximum number of full days.
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Description of Marine Mammals
A description of the marine mammals
in the area of the activities, including
information on abundance, status,
distribution, and hearing, may be found
in the Notice of the Proposed IHA (88
FR 82836, November 27, 2023) for the
initial authorization. NMFS has
reviewed the 2023 draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined there is no new information
that affects which species or stocks have
the potential to be affected or the
pertinent information in the Description
of the Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA. The abundance estimate for the
eastern stock of the Steller sea lion has
decreased from 43,201 to 36,308
according to the 2023 draft SAR (Young
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et al., 2024), but this does not change
estimated take numbers or influence the
findings made in support of the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the Notice of the
Proposed IHA (88 FR 82836, November
27, 2023) for the initial authorization.
NMFS has reviewed recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
determined that there is no new
information that affects our initial
analysis of impacts on marine mammals
and their habitat.
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Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity is found in the Notices
of the Proposed and Final IHAs (88 FR
82836, November 27, 2023; 89 FR 5865,
January 30, 2024) for the initial
authorization. The only changes PG&E
would make for the renewal IHA is to
add 2 24-inch steel shell piles and 2 36inch steel shell piles, resulting in a total
of 10 of each piles, for installation and
removal in the RWF Relocation portion
of the project. The source levels, days of
operation, and marine mammal
occurrence data applicable to this
authorization remain unchanged from
the previously issued IHA. Similarly,
the stocks taken, methods of take, and
types of take remain unchanged from
the previously issued IHA, as do the
number of takes, which are indicated
below in table 2.
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TABLE 2—SUMMARY OF MARINE MAMMAL TAKES BY SPECIES
Proposed level B
harassment takes
Species
Stock
Harbor seal ............................................
Northern elephant seal ..........................
California sea lion ..................................
Northern fur seal ....................................
Steller sea lion .......................................
Bottlenose dolphin .................................
Harbor porpoise .....................................
California ...............................................
California breeding ................................
United States .........................................
California; Eastern North Pacific ...........
Eastern ..................................................
Coastal California ..................................
San Francisco-Russian River ...............
On October 24, 2024 NMFS published
(89 FR 84872) its final Updated
Technical Guidance (https://
www.fisheries.noaa.gov/s3/2024-10/
Tech-Memo-Guidance-3.0-OCT2024508-OPR1.pdf), which includes updated
thresholds and weighting functions to
inform auditory injury estimates, and is
replacing the 2018 Technical Guidance
referenced in the Notices for the
1,000
25
9,550
5
5
25
100
Proposed and Final IHA (88 FR 82836,
November 27, 2023; 89 FR 5865, January
30, 2024). In consideration of the best
available science, NMFS conducted
calculations using the Updated
Technical Guidance and NMFS optional
user spreadsheet, using the source levels
and spreadsheet inputs provided in the
Notices for the Proposed and Final IHAs
(88 FR 82836, November 27, 2023; 89
Stock
abundance
Percent of stock
(%)
30,968
187,386
257,606
14,050; 626,618
36,308
453
7,777
3.2
0.01
3.7
0.04; 0.001
0.01
5.5
1.3
FR 5865, January 30, 2024), for the
purpose of understanding how Level A
harassment (auditory injury) zones
would change from the initial IHA. The
relevant updated weighting functions
may be found in the executive summary
of the Updated Technical Guidance, on
page 3. The updated marine mammal
hearing groups and updated thresholds
can be found in tables 3 and 4.
TABLE 3—MARINE MAMMAL HEARING GROUPS
[NMFS, 2024]
Hearing group
Generalized hearing
range *
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.
TABLE 4—ONSET OF AUDITORY INJURY (AUD INJ)
[NMFS, 2024]
AUD INJ onset thresholds *
(received level)
Hearing group
Impulsive
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Low-Frequency (LF) Cetaceans ......................................
High-Frequency (HF) Cetaceans .....................................
Very High-Frequency (VHF) Cetaceans ..........................
Phocid Pinnipeds (PW) (Underwater) .............................
Otariid Pinnipeds (OW) (Underwater) .............................
Cell
Cell
Cell
Cell
Cell
1:
3:
5:
7:
9:
Lp,0-pk,flat:
Lp,0-pk,flat:
Lp,0-pk,flat:
Lp,0-pk.flat:
Lp,0-pk,flat:
222
230
202
223
230
Non-impulsive
dB; LE,p,LF,24h: 183 dB ..................
dB; LE,p,HF,24h: 193 dB .................
dB; LE,p,VHF,24h: 159 dB ...............
dB; LE,p,PW,24h: 183 dB ................
dB ; LE,p,OW,24h: 185 dB ...............
Cell
Cell
Cell
Cell
Cell
2: LE,p,LF,24h: 197 dB
4: LE,p,HF,24h: 201 dB
6: LE,p,VHF,24h: 181 dB
8: LE,p,PW,24h: 195 dB
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.
NMFS has also considered whether
modifications to mitigation
requirements, i.e., shutdown zones,
would be appropriate in light of the
Updated Technical Guidance. Based on
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the outcome of these analyses using the
Updated Technical Guidance, alternate
Level A harassment zones are presented
in table 5, as well as the Level A
harassment zones from the initial IHA,
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based on the 2018 Technical Guidance,
for comparison. Mitigation zones, in
consideration of the Updated Technical
Guidance where appropriate, are
discussed in the Description of
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Proposed Mitigation, Monitoring and
Reporting Measures section.
Although some estimated Level A
harassment zones have increased using
the 2024 guidance, consistent with the
initial IHA, no Level A harassment takes
are anticipated, because PG&E will
change the shutdown zones accordingly
and consistent with the intent of the
measures prescribed through the initial
IHA, as discussed in Description of
Proposed Mitigation, Monitoring and
Reporting Measures section.
TABLE 5—LEVEL A HARASSMENT ZONES USING 2018 TECHNICAL GUIDANCE AND UPDATED 2024 TECHNICAL GUIDANCE
Level A harassment zones using 2018
technical guidance
(m)
Pile type and method
HF
Cetacean a
VHF
ICetacean I
b
Phocids
I
Level A harassment zones using updated 2024
technical guidance
(m)
Otariids
HF
Cetacean
VHF
I Cetacean I
Phocids
I
Otariids
Hydroacoustic Data Collection
18-inch Composite, Impact ...............................................
18-inch Composite, Vibratory ............................................
<1
<1
19
6
9
3
<1
1
2
1
25
2
14
3
5
1
<1
2
<1
1
<1
<1
<1
2
<1
3
<1
1
2
158
14
<1
12
2
<1
37
13
2
454
27
3
261
42
1
97
14
10
6
3
4
1
<1
<1
<1
8
2
2
1
17
18
4
11
27
10
7
7
9
4
2
2
Turbidity Curtain
Steel H-Pile, Vibratory .......................................................
Steel Shell Pile ≤24-inch, Vibratory ..................................
0
<1
<1
4
RWF Temporary Relocation Piles
Steel Shell Pile 24-inch, Vibratory ....................................
Steel Shell Pile 24-inch, Impact, Attenuated c ..................
Steel Shell Pile ≤36 inch, Vibratory ..................................
<1
11
3
4
351
28
Sediment Pins
14
14
14
14
to
to
to
to
a In
b In
16-inch
16-inch
16-inch
16-inch
Timber, Vibratory ........................................
Timber, Impact ............................................
Composite, Vibratory ..................................
Composite, Impact ......................................
2
<1
<1
<1
23
14
6
9
the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans.
the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
reduction in sound due to use of bubble curtain assumed.
c 5-dB
ddrumheller on DSK120RN23PROD with NOTICES1
Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
nearly identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA (89 FR 5865,
January 30, 2024), and the discussion of
the least practicable adverse impact
included in that document and the
Notice of the Proposed IHA (88 FR
782836, November 27, 2023) remain
accurate. Consistent with the mitigation
required through the initial IHA,
shutdown zones proposed for the
renewal IHA are based on the largest
Level A harassment zone for each pile
size/type and driving method, as
updated using the Updated 2024
Technical Guidance rather than the
2018 Technical Guidance. The zones are
calculated identically to those presented
in the Notice of the Proposed IHA (88
FR 82836, November 27, 2023), with
reference to the updated Technical
Guidance. The following mitigation,
monitoring, and reporting measures for
this renewal include:
VerDate Sep<11>2014
19:28 Nov 21, 2024
Jkt 265001
• PG&E must shut down construction
operations if a marine mammal comes
within 10 m of construction activity to
avoid direct physical interaction with
marine mammals;
• PG&E must establish shutdown
zones for all pile driving activities.
Shutdown zones are based on the largest
Level A harassment zone for each pile
size/type and driving method;
• PG&E must shut down during active
pile driving if marine mammals
approach shutdown zones (see table 6);
• NMFS-approved protected species
observers (PSOs) must be used to
monitor the full shutdown zones and as
much of the Level B harassment zone as
possible;
• PSOs must monitor the shutdown
zones for at least 30 minutes prior to
pile driving, throughout pile driving,
and 30 minutes after;
• If marine mammals are found
within the shutdown zone, pile driving
must be delayed until the animal has
moved out of the shutdown zone;
• PG&E must shut down if any
species for which take has not been
authorized, or a species for which take
has been authorized but the authorized
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
take numbers have been met,
approaches or enters the Level B
harassment zones;
• Should environmental conditions
deteriorate such that marine mammals
within the entire shutdown zone would
not be visible (e.g., fog, heavy rain), pile
driving must be delayed until observers
are confident marine mammals within
the shutdown zone could be detected;
• PG&E must implement impact pile
driving soft starts whereby hammer
energy is gradually ramped up;
• A bubble curtain must be used
during impact pile driving of steel piles;
• PG&E must submit a draft marine
mammal monitoring report to NMFS
within 90 days after the completion of
pile driving activities or 60 calendar
days prior to the requested issuance of
any subsequent IHA for construction
activity at the same location, whichever
comes first. A final report must be
prepared and submitted within 30
calendar days following receipt of any
NMFS comments on the draft report;
• All injured or dead marine
mammals must be reported to the Office
of Protected Resources and to the West
Coast regional stranding network.
E:\FR\FM\22NON1.SGM
22NON1
92654
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
TABLE 6—RENEWAL IHA SHUTDOWN ZONES
Shutdown zone
for all species
(m)
Pile type and method
Change from initial IHA
Hydroacoustic Data Collection
18-inch Composite, Impact ...........................................................................................................
18-inch Composite, Vibratory Removal ........................................................................................
30
10
Increased 10 m.
No change.
10
10
No change.
No change.
Turbidity Curtain
Steel H-Pile, Vibratory Installation and Removal .........................................................................
Steel Shell Pile ≤24 inch, Vibratory Installation and Removal .....................................................
RWF Relocation Piles
Steel Shell Pile 24 inch, Vibratory Installation and Removal .......................................................
Steel Shell Pile 24 inch, Impact, Attenuated ................................................................................
Steel Shell Pile 36 inch, Vibratory ................................................................................................
10
450
40
No change.
Increased 90 m.
Increased 10 m.
Sediment Pins
ddrumheller on DSK120RN23PROD with NOTICES1
14141414-
to
to
to
to
16-inch
16-inch
16-inch
16-inch
Timber, Vibratory ...................................................................................................
Timber, Impact ......................................................................................................
Composite, Vibratory .............................................................................................
Composite, Impact ................................................................................................
Comments and Responses
A notice of NMFS’ proposal to issue
a renewal IHA to PG&E was published
in the Federal Register on October 16,
2024 (89 FR 83459). That notice either
described, or referenced descriptions of,
PG&E’s activity, the marine mammal
species that may be affected by the
activity, the anticipated effects on
marine mammals and their habitat,
estimated amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. NMFS received
one comment letter from an individual.
The comments and our responses are
summarized below.
Comment 1: A member of the public
asserted that the addition of two 24-inch
piles and two 36-inch piles and
associated pile driving would
cumulatively increase stress on the local
marine mammal populations. Although
expressing support for the mitigation
measures, the commenter asserts that
the mitigation measures are not
adequate to address the impacts of the
small amount of increased pile driving.
The commenter also asserts that NMFS
should reconsider its qualification of
Categorical Exclusion under the
National Environmental Policy Act
(NEPA) for this project and that an
environmental impact statement would
be necessary.
Response: NMFS acknowledges that
pile driving noise is a stressor to marine
mammals but disagrees that the addition
of two 24-inch and two 36-inch steel
piles would cumulatively increase stress
on the local marine mammal population
to a meaningful degree. As discussed in
VerDate Sep<11>2014
19:28 Nov 21, 2024
Jkt 265001
the notice of proposed IHA for the
initial IHA (88 FR 82836, November 27,
2023), pile driving can result in auditory
impacts, behavioral harassment, and
disruption in foraging. However, NMFS
expects that any negative effects from
pile driving will be temporary and
localized to a small area within San
Francisco Bay. The addition of four
piles would result in lengthening the
project on the scale of hours and would
not result in larger isopleths. NMFS
expects that this small increase in time
of pile driving would result in negligible
impacts to the marine mammals in the
vicinity of the project and would not
result in a cumulative increase in stress
to the overall population of marine
mammals in San Francisco Bay.
NMFS disagrees that the mitigation is
not adequate to address the increased
pile driving activities. As previously
mentioned, the addition of the four piles
would increase the time frame of the
project on the scale of hours and would
not increase harassment distances.
NMFS expects that the required
mitigation measures, which include
implementation of shutdown zones,
monitoring of zones using PSOs, soft
start procedures for impact pile driving,
and use of a bubble curtain for impact
pile driving of steel piles, is sufficient
to effect the least practicable adverse
impact.
NMFS disagrees that the application
of Categorical Exclusion B4 from further
analysis under NEPA is inappropriate,
and the commenter provides no rational
basis for this assertion. The issuance of
a renewal IHA to PG&E for take of
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
30
20
10
20
No
No
No
No
change.
change.
change.
change.
marine mammals incidental to pile
driving activities is consistent with
activities identified in categorical
exclusion B4. The addition of four steel
piles, of the same size and type as
analyzed under the initial IHA, does not
result in any changes to the anticipated
environmental impacts and, therefore,
application of CE B4 remains
appropriate.
Determinations
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. This
includes consideration of the estimated
abundance of the eastern stock of the
Steller sea lion decreasing, updated
analysis reflecting the 2024 Technical
Guidance, and corresponding updates to
required shutdown zones. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) the
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
PG&E’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
E:\FR\FM\22NON1.SGM
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
National Environmental Policy Act
DEPARTMENT OF COMMERCE
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
IHA.
National Oceanic and Atmospheric
Administration
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
ddrumheller on DSK120RN23PROD with NOTICES1
Renewal
NMFS has issued a renewal IHA to
PG&E for the take of marine mammals
incidental to conducting pile driving
activities associated with the Sediment
Remediation Project in San Francisco
Bay, CA effective from May 1, 2025 to
April 30, 2026.
Dated: November 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–27346 Filed 11–21–24; 8:45 am]
BILLING CODE 3510–22–P
19:28 Nov 21, 2024
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold public meetings of the Council and
its Executive Committee, including joint
sessions with the Atlantic States Marine
Fisheries Commission (ASMFC)
Summer Flounder, Scup, and Black Sea
Bass Management Board and Policy
Board.
SUMMARY:
The meetings will be held
Tuesday, December 10, 2024, through
Thursday, December 12, 2024. For
agenda details, see SUPPLEMENTARY
INFORMATION.
DATES:
This meeting will be an inperson meeting with a virtual option.
Council members, other meeting
participants, and members of the public
will have the option to participate in
person at The Westin Annapolis, 100
Westgate Circle, Annapolis, MD 21401,
or virtually via Webex webinar. Webinar
connection instructions and briefing
materials will be available at: https://
www.mafmc.org/briefing/december2024.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State St.,
Suite 201, Dover, DE 19901; telephone:
(302) 674–2331; www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D. Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255. The Council’s website,
www.mafmc.org, also has details on the
meeting location, proposed agenda,
webinar listen-in access, and briefing
materials.
ADDRESSES:
Endangered Species Act
VerDate Sep<11>2014
[RTID 0648–XE480]
Jkt 265001
The
following items are on the agenda,
although agenda items may be
addressed out of order (changes will be
noted on the Council’s website when
possible.)
SUPPLEMENTARY INFORMATION:
Tuesday, December 10, 2024
Executive Committee—Closed Session
Review 2024 Ricks E. Savage Award
nominations.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
92655
Council Convenes With the Atlantic
States Marine Fisheries Commission’s
(ASMFC) Summer Flounder, Scup, and
Black Sea Bass Management Board
2025 Summer Flounder Recreational
Measures Review
Review Advisory Panel and
Monitoring Committee
recommendations.
Review previously adopted 2025
recreational measures and recommend
changes if warranted.
2025 Scup Recreational Measures
Review
Review Advisory Panel and
Monitoring Committee
recommendations.
Review previously adopted 2025
recreational measures and recommend
changes if warranted.
----------LUNCH---------2025 Black Sea Bass Recreational
Measures
Review Advisory Panel and
Monitoring Committee
recommendations.
Recommend conservation
equivalency or coastwide management
and associated measures for 2025.
ASMFC Summer Flounder, Scup, and
Black Sea Bass Board Adjourns Council
Convenes With the ASMFC Policy Board
Recreational Sector Separation and
Catch Accounting Amendment
Consider approval of draft scoping/
public information document.
ASMFC Policy Board Adjourns
2024 Ecosystem Approach to Fisheries
Management (EAFM) Risk Assessment
Review final report.
2025 Spiny Dogfish Specifications
Review recommendations from the
SSC, Monitoring Committee, Advisory
Panel, and staff.
Review previously adopted 2025
specifications and management
measures, and recommend changes if
necessary.
Wednesday, December 11, 2024
Atlantic Surfclam and Ocean Quahog
Species Separation Requirements
Amendment Final Action
Review report from Atlantic Surfclam
and Ocean Quahog Species Separation
Requirements Amendment
Implementation Issues Workshop.
Take up postponed motion to
consider Alternative 5 as the preferred
Amendment alternative.
Select Council preferred alternative
and take final action.
E:\FR\FM\22NON1.SGM
22NON1
]]>Agencies
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92649-92655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27346]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE451]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment
Remediation Project, San Francisco Bay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as
[[Page 92650]]
amended, notification is hereby given that NMFS has issued a renewal
incidental harassment authorization (IHA) to Pacific Gas & Electric
(PG&E) to incidentally harass marine mammals incidental to construction
associated with a sediment remediation project in San Francisco Bay,
CA.
DATES: This renewal IHA is valid from May 1, 2025 through April 30,
2026.
ADDRESSES: Electronic copies of the original application, Renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are promulgated or, if the taking is limited to harassment, an IHA is
issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical, or
nearly identical, activities as described in the Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On January 22, 2024, NMFS issued an IHA to PG&E to take marine
mammals incidental to construction associated with sediment remediation
in San Francisco Bay, CA (89 FR 5865, January 30, 2024), effective from
May 1, 2024, through April 30, 2025. On September 26, 2024, NMFS
received an application for the renewal of that initial IHA. As
described in the application for renewal IHA, the activities for which
incidental take is requested are nearly identical to those covered in
the initial IHA. Although PG&E anticipates that construction will begin
during the timeframe of the initial IHA, no work has yet commenced and
therefore no preliminary monitoring data are available. The notice of
the proposed renewal incidental harassment authorization was published
on October 16, 2024 (89 FR 83459). There are no changes from the
proposed renewal IHA to the final renewal IHA.
Description of the Specified Activities and Anticipated Impacts
The planned activities are nearly identical to those analyzed in
the initial IHA. As the first phase of a 5- to 7-year project to
remediate sediments impacted with polycyclic aromatic hydrocarbons
(PAHs) in San Francisco Bay, PG&E is planning to install hydroacoustic
data collection piles, piles to attach a turbidity curtain, sediment
pins to promote slope stability, and install and remove piles to
relocate the Red and White Fleet (RWF). A detailed description of these
activities can be found in the Notice of the initial Proposed IHA (88
FR 82836, November 27, 2023). Under the initial IHA, eight 24-inch
steel shell piles and eight 36-inch steel shell piles were to be
installed and removed for the RWF Relocation. Under the renewal IHA,
PG&E plans to install and remove 10 24-inch piles and 10 36-inch steel
shell piles for the RWF Relocation. No more than four of each of these
piles would be installed or removed per day. As
[[Page 92651]]
analyzed in the initial IHA, installation of these piles would be done
through primarily vibratory pile driving with impact pile driving only
as needed to seat the piles. Removal would be through vibratory
methods. The remainder of the work would be identical to that of the
initial IHA, and the total proposed number of days of in-water work
would be the same.
Under the initial IHA, take by Level B harassment from pile driving
was authorized for harbor seal (Phoca vitulina), northern elephant seal
(Mirounga angustirostris), California sea lion (Zalophus
californianus), northern fur seal (Callorhinus ursinus), Steller sea
lion (Eumetopias jubatus), bottlenose dolphin (Tursiops truncatus), and
harbor porpoise (Phocoena phocoena). Under the renewal IHA, NMFS is
authorizing take, by Level B harassment only, of the same number of
these species as were authorized under the initial IHA.
Documents related to the initial IHA including the Federal Register
notices for the proposed IHA (88 FR 82836, November 27, 2023) and final
IHA (89 FR 5865, January 30, 2024) and PG&E's application can be found
at https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san.
Detailed Description of the Activity
A detailed description of the pile driving activities for which
take is authorized here may be found in the Notices of the Proposed and
Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30,
2024) for the initial authorization. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are identical to those described in the previous notices.
The only minor change for this renewal IHA is the addition of two
24-inch and two 36-inch steel shell piles in the RWF relocation, which
would be installed with vibratory pile driving and impact pile driving
only as needed to seat the piles. The piles would be removed with
vibratory methods. The addition of these piles would not change the
number of in-water work days (50 days; see table 1). The renewal would
be effective for a period not exceeding 1 year from the date of
expiration of the initial IHA. The effective dates would be from May 1,
2025, to April 30, 2026.
Table 1--Schedule of In-Water Construction
----------------------------------------------------------------------------------------------------------------
Number of piles Days of pile
Type of pile Total number of pile installed/ driving or
installation/removal removed per day removal
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain (Steel H-Piles or Steel 40 (20 installed, 20 removed) 4 10
Shell Pile <= 24 inches).
RWF Temporary Relocation (24-inch and 36- 40 (20 installed, 20 removed) 4 10
inch Steel Shell Piles).
Sediment Pin Installation (14- to 16-inch 120 (installation only)...... 8 15
timber or plastic).
Hydroacoustic Data Collection Piles (18- 20 (10 installed, 10 removed) 2 10
inch composite).
--------------------------------------------------------------------
Total.................................. 180.......................... ................. 45
-------------------------------------
Total (+10% buffer)........................ ............................. ................. * 50
----------------------------------------------------------------------------------------------------------------
* Rounded to maximum number of full days.
Description of Marine Mammals
A description of the marine mammals in the area of the activities,
including information on abundance, status, distribution, and hearing,
may be found in the Notice of the Proposed IHA (88 FR 82836, November
27, 2023) for the initial authorization. NMFS has reviewed the 2023
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature, and determined there
is no new information that affects which species or stocks have the
potential to be affected or the pertinent information in the
Description of the Marine Mammals in the Area of Specified Activities
contained in the supporting documents for the initial IHA. The
abundance estimate for the eastern stock of the Steller sea lion has
decreased from 43,201 to 36,308 according to the 2023 draft SAR (Young
et al., 2024), but this does not change estimated take numbers or
influence the findings made in support of the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the Notice of the Proposed IHA (88 FR
82836, November 27, 2023) for the initial authorization. NMFS has
reviewed recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that there is no new information that affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity is found in the Notices of the Proposed
and Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30,
2024) for the initial authorization. The only changes PG&E would make
for the renewal IHA is to add 2 24-inch steel shell piles and 2 36-inch
steel shell piles, resulting in a total of 10 of each piles, for
installation and removal in the RWF Relocation portion of the project.
The source levels, days of operation, and marine mammal occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the previously issued IHA, as do the number
of takes, which are indicated below in table 2.
[[Page 92652]]
Table 2--Summary of Marine Mammal Takes by Species
----------------------------------------------------------------------------------------------------------------
Proposed level B Percent of stock
Species Stock harassment takes Stock abundance (%)
----------------------------------------------------------------------------------------------------------------
Harbor seal...................... California.......... 1,000 30,968 3.2
Northern elephant seal........... California breeding. 25 187,386 0.01
California sea lion.............. United States....... 9,550 257,606 3.7
Northern fur seal................ California; Eastern 5 14,050; 626,618 0.04; 0.001
North Pacific.
Steller sea lion................. Eastern............. 5 36,308 0.01
Bottlenose dolphin............... Coastal California.. 25 453 5.5
Harbor porpoise.................. San Francisco- 100 7,777 1.3
Russian River.
----------------------------------------------------------------------------------------------------------------
On October 24, 2024 NMFS published (89 FR 84872) its final Updated
Technical Guidance (https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf), which includes updated
thresholds and weighting functions to inform auditory injury estimates,
and is replacing the 2018 Technical Guidance referenced in the Notices
for the Proposed and Final IHA (88 FR 82836, November 27, 2023; 89 FR
5865, January 30, 2024). In consideration of the best available
science, NMFS conducted calculations using the Updated Technical
Guidance and NMFS optional user spreadsheet, using the source levels
and spreadsheet inputs provided in the Notices for the Proposed and
Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30,
2024), for the purpose of understanding how Level A harassment
(auditory injury) zones would change from the initial IHA. The relevant
updated weighting functions may be found in the executive summary of
the Updated Technical Guidance, on page 3. The updated marine mammal
hearing groups and updated thresholds can be found in tables 3 and 4.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on ~65-dB threshold from composite audiogram, previous
analysis in NMFS, 2018, and/or data from Southall et al., 2007;
Southall et al., 2019. Additionally, animals are able to detect very
loud sounds above and below that ``generalized'' hearing range.
Table 4--Onset of Auditory Injury (AUD INJ)
[NMFS, 2024]
----------------------------------------------------------------------------------------------------------------
AUD INJ onset thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
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 dB Cell 10: LE,OW,24h: 199 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.
NMFS has also considered whether modifications to mitigation
requirements, i.e., shutdown zones, would be appropriate in light of
the Updated Technical Guidance. Based on the outcome of these analyses
using the Updated Technical Guidance, alternate Level A harassment
zones are presented in table 5, as well as the Level A harassment zones
from the initial IHA, based on the 2018 Technical Guidance, for
comparison. Mitigation zones, in consideration of the Updated Technical
Guidance where appropriate, are discussed in the Description of
[[Page 92653]]
Proposed Mitigation, Monitoring and Reporting Measures section.
Although some estimated Level A harassment zones have increased
using the 2024 guidance, consistent with the initial IHA, no Level A
harassment takes are anticipated, because PG&E will change the shutdown
zones accordingly and consistent with the intent of the measures
prescribed through the initial IHA, as discussed in Description of
Proposed Mitigation, Monitoring and Reporting Measures section.
Table 5--Level A Harassment Zones Using 2018 Technical Guidance and Updated 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment zones using 2018 technical Level A harassment zones using updated 2024
guidance (m) technical guidance (m)
-----------------------------------------------------------------------------------------------
Pile type and method HF VHF
Cetacean Cetacean Phocids Otariids HF VHF Phocids Otariids
\a\ \b\ Cetacean Cetacean
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hydroacoustic Data Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact............................... <1 19 9 <1 2 25 14 5
18-inch Composite, Vibratory............................ <1 6 3 1 1 2 3 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Turbidity Curtain
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory................................. 0 <1 <1 <1 <1 <1 <1 <1
Steel Shell Pile <=24-inch, Vibratory................... <1 4 2 1 <1 2 3 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
RWF Temporary Relocation Piles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24-inch, Vibratory..................... <1 4 2 <1 <1 2 3 1
Steel Shell Pile 24-inch, Impact, Attenuated \c\........ 11 351 158 12 37 454 261 97
Steel Shell Pile <=36 inch, Vibratory................... 3 28 14 2 13 27 42 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sediment Pins
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 to 16-inch Timber, Vibratory......................... 2 23 10 1 8 17 27 9
14 to 16-inch Timber, Impact............................ <1 14 6 <1 2 18 10 4
14 to 16-inch Composite, Vibratory...................... <1 6 3 <1 2 4 7 2
14 to 16-inch Composite, Impact......................... <1 9 4 <1 1 11 7 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ In the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans.
\b\ In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
\c\ 5-dB reduction in sound due to use of bubble curtain assumed.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are nearly identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (89 FR 5865, January 30, 2024), and the discussion of the
least practicable adverse impact included in that document and the
Notice of the Proposed IHA (88 FR 782836, November 27, 2023) remain
accurate. Consistent with the mitigation required through the initial
IHA, shutdown zones proposed for the renewal IHA are based on the
largest Level A harassment zone for each pile size/type and driving
method, as updated using the Updated 2024 Technical Guidance rather
than the 2018 Technical Guidance. The zones are calculated identically
to those presented in the Notice of the Proposed IHA (88 FR 82836,
November 27, 2023), with reference to the updated Technical Guidance.
The following mitigation, monitoring, and reporting measures for this
renewal include:
PG&E must shut down construction operations if a marine
mammal comes within 10 m of construction activity to avoid direct
physical interaction with marine mammals;
PG&E must establish shutdown zones for all pile driving
activities. Shutdown zones are based on the largest Level A harassment
zone for each pile size/type and driving method;
PG&E must shut down during active pile driving if marine
mammals approach shutdown zones (see table 6);
NMFS-approved protected species observers (PSOs) must be
used to monitor the full shutdown zones and as much of the Level B
harassment zone as possible;
PSOs must monitor the shutdown zones for at least 30
minutes prior to pile driving, throughout pile driving, and 30 minutes
after;
If marine mammals are found within the shutdown zone, pile
driving must be delayed until the animal has moved out of the shutdown
zone;
PG&E must shut down if any species for which take has not
been authorized, or a species for which take has been authorized but
the authorized take numbers have been met, approaches or enters the
Level B harassment zones;
Should environmental conditions deteriorate such that
marine mammals within the entire shutdown zone would not be visible
(e.g., fog, heavy rain), pile driving must be delayed until observers
are confident marine mammals within the shutdown zone could be
detected;
PG&E must implement impact pile driving soft starts
whereby hammer energy is gradually ramped up;
A bubble curtain must be used during impact pile driving
of steel piles;
PG&E must submit a draft marine mammal monitoring report
to NMFS within 90 days after the completion of pile driving activities
or 60 calendar days prior to the requested issuance of any subsequent
IHA for construction activity at the same location, whichever comes
first. A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report;
All injured or dead marine mammals must be reported to the
Office of Protected Resources and to the West Coast regional stranding
network.
[[Page 92654]]
Table 6--Renewal IHA Shutdown Zones
----------------------------------------------------------------------------------------------------------------
Shutdown zone
Pile type and method for all species Change from initial IHA
(m)
----------------------------------------------------------------------------------------------------------------
Hydroacoustic Data Collection
----------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact.................. 30 Increased 10 m.
18-inch Composite, Vibratory Removal....... 10 No change.
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain
----------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory Installation and 10 No change.
Removal.
Steel Shell Pile <=24 inch, Vibratory 10 No change.
Installation and Removal.
----------------------------------------------------------------------------------------------------------------
RWF Relocation Piles
----------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24 inch, Vibratory 10 No change.
Installation and Removal.
Steel Shell Pile 24 inch, Impact, 450 Increased 90 m.
Attenuated.
Steel Shell Pile 36 inch, Vibratory........ 40 Increased 10 m.
----------------------------------------------------------------------------------------------------------------
Sediment Pins
----------------------------------------------------------------------------------------------------------------
14- to 16-inch Timber, Vibratory........... 30 No change.
14- to 16-inch Timber, Impact.............. 20 No change.
14- to 16-inch Composite, Vibratory........ 10 No change.
14- to 16-inch Composite, Impact........... 20 No change.
----------------------------------------------------------------------------------------------------------------
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to PG&E was
published in the Federal Register on October 16, 2024 (89 FR 83459).
That notice either described, or referenced descriptions of, PG&E's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received one comment letter
from an individual. The comments and our responses are summarized
below.
Comment 1: A member of the public asserted that the addition of two
24-inch piles and two 36-inch piles and associated pile driving would
cumulatively increase stress on the local marine mammal populations.
Although expressing support for the mitigation measures, the commenter
asserts that the mitigation measures are not adequate to address the
impacts of the small amount of increased pile driving. The commenter
also asserts that NMFS should reconsider its qualification of
Categorical Exclusion under the National Environmental Policy Act
(NEPA) for this project and that an environmental impact statement
would be necessary.
Response: NMFS acknowledges that pile driving noise is a stressor
to marine mammals but disagrees that the addition of two 24-inch and
two 36-inch steel piles would cumulatively increase stress on the local
marine mammal population to a meaningful degree. As discussed in the
notice of proposed IHA for the initial IHA (88 FR 82836, November 27,
2023), pile driving can result in auditory impacts, behavioral
harassment, and disruption in foraging. However, NMFS expects that any
negative effects from pile driving will be temporary and localized to a
small area within San Francisco Bay. The addition of four piles would
result in lengthening the project on the scale of hours and would not
result in larger isopleths. NMFS expects that this small increase in
time of pile driving would result in negligible impacts to the marine
mammals in the vicinity of the project and would not result in a
cumulative increase in stress to the overall population of marine
mammals in San Francisco Bay.
NMFS disagrees that the mitigation is not adequate to address the
increased pile driving activities. As previously mentioned, the
addition of the four piles would increase the time frame of the project
on the scale of hours and would not increase harassment distances. NMFS
expects that the required mitigation measures, which include
implementation of shutdown zones, monitoring of zones using PSOs, soft
start procedures for impact pile driving, and use of a bubble curtain
for impact pile driving of steel piles, is sufficient to effect the
least practicable adverse impact.
NMFS disagrees that the application of Categorical Exclusion B4
from further analysis under NEPA is inappropriate, and the commenter
provides no rational basis for this assertion. The issuance of a
renewal IHA to PG&E for take of marine mammals incidental to pile
driving activities is consistent with activities identified in
categorical exclusion B4. The addition of four steel piles, of the same
size and type as analyzed under the initial IHA, does not result in any
changes to the anticipated environmental impacts and, therefore,
application of CE B4 remains appropriate.
Determinations
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. This includes consideration of the estimated abundance of
the eastern stock of the Steller sea lion decreasing, updated analysis
reflecting the 2024 Technical Guidance, and corresponding updates to
required shutdown zones. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) PG&E's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action, and;
(5) appropriate monitoring and reporting requirements are included.
[[Page 92655]]
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a renewal IHA to PG&E for the take of marine
mammals incidental to conducting pile driving activities associated
with the Sediment Remediation Project in San Francisco Bay, CA
effective from May 1, 2025 to April 30, 2026.
Dated: November 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-27346 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-22-P
