Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the City of Hoonah's Cargo Dock Project, Hoonah, Alaska, 12131-12144 [2025-04071]
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Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
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Authority: 16 U.S.C. 1801 et seq.
Dated: March 10, 2025.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–04057 Filed 3–13–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE642]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the City of
Hoonah’s Cargo Dock Project, Hoonah,
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 the
City of Hoonah (Hoonah) to incidentally
harass marine mammals during pile
driving and removal activities
associated with the Hoonah Cargo Dock
project in Hoonah, Alaska. There are no
changes from the proposed
authorization in this final authorization.
DATES: This authorization is effective
from September 1, 2025 through August
31, 2026.
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:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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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 monitoring and
reporting of the takings. The definitions
of all applicable MMPA statutory terms
used above are included in the relevant
sections below and can be found in
section 3 of the MMPA (16 U.S.C. 1362)
and NMFS regulations at 50 CFR
216.103.
Summary of Request
On May 10, 2024, NMFS received a
request from Hoonah for an IHA to take
marine mammals incidental to pile
driving and removal activities
associated with the Hoonah Cargo Dock
project in Hoonah, Alaska. Following
NMFS’ review of the application,
Hoonah submitted a revised versions on
September 10, 2024 and October 15,
2024. The application was deemed
adequate and complete on October 22,
2024. Hoonah’s request is for take of
eight species of marine mammals by
Level B harassment and, for a subset of
these species, Level A harassment.
Neither Hoonah nor NMFS expect
serious injury or mortality to result from
this activity and, therefore, an IHA is
appropriate.
NMFS previously issued an IHA to
Hoonah for the Hoonah Cargo Dock
project (86 FR 27410, May 20, 2021),
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and later changed the effective dates of
the IHA in a re-issuance (87 FR 27571,
May 9, 2022). However, due to COVID
and inflation no work under the IHA
was conducted. Since then, Hoonah has
made several changes to their project
plan and, therefore, a new IHA is
appropriate.
There are no changes from the
proposed IHA to the final IHA.
Description of the Specified Activity
Overview
Hoonah plans to install a cargo dock
at the Hoonah Marine Industrial Center
(HMIC) in Hoonah, Alaska starting in
September 2025. Work would occur on
approximately 107 days over a span of
5 months. Construction of the sheet pile
cargo dock, barge ramp, and breasting
dolphins will require impact and
vibratory pile installation and downthe-hole (DTH) drilling (referred to as
tension anchoring).
The construction of the sheet pile
cargo dock, barge ramp, and breasting
dolphins will include the installation of
542 (330 linear feet (ft), or 100.6 linear
meters (m)) steel sheet piles, 5 steel wye
piles, 1 steel X pile, 3 20-inch (in), or
0.51-m steel fender piles, 2 16-in (0.41
m) fender piles, 7 H-piles, 4 36-in (0.91
m) steel pipe piles, and 6 36-in (0.91 m)
steel batter piles. The installation and
removal of 50 temporary 24-in (0.61 m)
steel pipe piles will be completed to
support the permanent pile installation.
Piles will be installed with vibratory
and impact hammers, and temporary
piles will be removed with a vibratory
hammer. 8-to-10-in (0.20 to 0.25 m) steel
pipe casings will be placed in each steel
pipe/batter piles as tension anchors and
set with tension anchoring.
A detailed description of the planned
construction project is provided in the
Federal Register notice for the proposed
IHA (90 FR 1084, January 7, 2025).
Since that time, no changes have been
made to the planned activities.
Therefore, a detailed description is not
provided here. Please refer to that
Federal Register notice for the
description of the specified activity.
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to Hoonah was published in the
Federal Register on January 7, 2025 (90
FR 1084). That notice described, in
detail, Hoonah’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
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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 and are available online at:
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 (M/SI) from
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 public comments.
Description of Marine Mammals in the
Area of Specified Activities
Sections 3 and 4 of the application
summarize available information
regarding status and trends, distribution
and habitat preferences, and behavior
and life history of the potentially
affected species. NMFS fully considered
all of this information, and we refer the
reader to these descriptions, instead of
reprinting the information. Additional
information regarding population trends
and threats may be found in NMFS’
Stock Assessment Reports (SARs;
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessments)
TABLE 1—SPECIES 1 LIKELY IMPACTED BY THE SPECIFIED 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/SI 4
PBR
I
I
Order Artiodactyla—Cetacea—Mysticeti (baleen whales)
Family Balaenopteridae
(rorquals):
Humpback Whale .............
Megaptera novaeangliae ........
Minke Whale ....................
Balaenoptera acutorostrata ....
Mainland Mexico—CA/OR/WA
Hawai1i ....................................
AK ...........................................
T, D, Y
-, -, N
-, -, N
I
3,477 (0.101, 3,185, 2018) ....
11,278 (0.56, 7,265, 2020) ....
N/A (N/A, N/A, N/A) 5 .............
I
I
43
127
UND
I
22
27.09
0
Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae:
Killer whale .......................
Pacific White-Sided Dolphin.
Family Phocoenidae (porpoises):
Dall’s Porpoise .................
Harbor Porpoise ...............
Orcinus orca ...........................
Lagenorhynchus obliquidens
Phocoenoides dalli .................
Phocoena phocoena ..............
Eastern North Pacific Alaska
Resident.
Eastern Northern Pacific
Northern Resident.
West Coast Transient ............
N Pacific .................................
AK ...........................................
Northern Southeast Alaska Inland Waters 9.
-, -, N
1,920 (N/A, 1,920, 2019) 6 .....
19
1.3
-, -, N
302 (N/A, 302, 2018) 6 ...........
2.2
0.2
-, -, N
-, -, N
349 (N/A, 349, 2018) 7 ...........
26,880 (N/A, N/A, 1990) ........
3.5
UND
0.4
0
-, -, N
-, -, N
UND (UND, UND, 2015) 8 ......
1,619 (0.26, 1,250, 2019) ......
UND
13
37
5.6
299
2,178
267
93.2
120
104
Order Carnivora—Pinnipedia
Family Otariidae (eared seals
and sea lions):
Steller Sea Lion ................
Eumetopias jubatus ................
Western ..................................
Eastern ...................................
E, D, Y
-, -, N
49,837 (N/A, 49,837, 2022) 10
36,308 (N/A, 36,308, 2022) 11
Family Phocidae (earless
seals):
Harbor Seal ......................
Phoca vitulina .........................
Glacier Bay/Icy Strait .............
-, -, N
7,455 (N/A, 6,680, 2017) .......
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1 Information
on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy
(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/).
2 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be
declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA
as depleted and as a strategic stock.
3 NMFS marine mammal 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.
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 Reliable population estimates are not available for this stock. Please see Friday et al. (2013) and Zerbini et al. (2006) for additional information on numbers of
minke whales in Alaska.
6N
est is based upon counts of individuals identified from photo-ID catalogs.
7N
est is based upon count of individuals identified from photo-ID catalogs in analysis of a subset of data from 1958–2018.
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8 The best available abundance estimate is likely an underestimate for the entire stock because it is based upon a survey that covered only a small portion of the
stock’s range.
9 New stock split from Southeast Alaska stock.
10 N
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.
11 N
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.
As indicated above, all 8 species (with
12 managed stocks) in table 1
temporally and spatially co-occur with
the activity to the degree that take is
reasonably likely to occur. All species
that could potentially occur in the
project area are included in table 6 of
the IHA application. While gray whales
and sperm whales have been
documented in the area, the temporal
and/or spatial occurrence of these
species is such that take is not expected
to occur, and they are not discussed
further beyond the explanation
provided here. Gray whales are
considered to be very rare (no local
knowledge of sightings in the project
area) and sperm whales are considered
to be rare (no sightings in recent years)
within the project area.
Additional information relevant to
our analyses (beyond that included
above, in the application, and on NMFS
website) is included below, as
appropriate. In addition, the Northern
sea otter (Enhydra lutris kenyoni) may
be found in the project area. However,
sea otters are managed by the U.S. Fish
and Wildlife Service and are not
considered further in this document.
A detailed description of the species
likely to be affected by Hoonah’s
construction 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 (90 FR 1084, January 7, 2025); 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 the NMFS website (https://
www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory
modality for marine mammals
underwater, and exposure to
anthropogenic sound can have
deleterious effects. To appropriately
assess the potential effects of exposure
to sound, it is necessary to understand
the frequency ranges marine mammals
are able to hear. Not all marine mammal
species have equal hearing capabilities
(e.g., Richardson et al., 1995; Wartzok
and Ketten, 1999; Au and Hastings,
2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine
mammals be divided into hearing
groups based on directly measured
(behavioral or auditory evoked potential
techniques) or estimated hearing ranges
(behavioral response data, anatomical
modeling, etc.). Generalized hearing
ranges were chosen based on the ∼65
decibel (dB) threshold from composite
audiograms, previous analyses in NMFS
(2018), and/or data from Southall et al.
(2007) and Southall et al. (2019). We
note that the names of two hearing
groups and the generalized hearing
ranges of all marine mammal hearing
groups have been recently updated
(NMFS 2024) as reflected below in in
table 2.
TABLE 2—MARINE MAMMAL HEARING GROUPS
[NMFS, 2024a]
Generalized hearing
range *
Hearing group
UNDERWATER:
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 (2024a) for a review of
available information.
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Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The effects of underwater noise from
Hoonah’s pile driving and tension
anchoring activities have the potential
to result in behavioral harassment of
marine mammals in the vicinity of the
project area. The notice of the proposed
IHA (90 FR 1084, January 7, 2025)
included a discussion of the effects of
anthropogenic noise on marine
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mammals and the potential effects of
underwater noise from Hoonah’s
construction activity on marine
mammals and their habitat. That
information and analysis is referenced
in this final IHA determination and is
not repeated here; please refer to the
notice of the proposed IHA (90 FR 1084,
January 7, 2025).
Estimated Take of Marine Mammals
This section provides an estimate of
the number of incidental takes
authorized through the IHA, which will
inform NMFS’ consideration of ‘‘small
numbers,’’ the negligible impact
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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,
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nursing, breeding, feeding, or sheltering
(Level B harassment).
Authorized takes will primarily be by
Level B harassment as use of the
acoustic sources (i.e., pile driving and
tension anchoring) has the potential to
result in disruption of behavioral
patterns for individual marine
mammals. There is also some potential
for auditory injury (Level A harassment)
to result, primarily for very high
frequency species and phocids because
predicted auditory injury zones are
larger than for high-frequency species
and otariids. 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 likely be behaviorally
harassed or incur some degree of
permanent hearing impairment; (2) the
area or volume of water that will be
ensonified above these levels in a day;
(3) the density or occurrence of marine
mammals within these ensonified areas;
and, (4) the number of days of activities.
We note that while these factors can
contribute to a basic calculation to
provide an initial prediction of potential
takes, additional information that can
qualitatively inform take estimates is
also sometimes available (e.g., previous
monitoring results or average group
size). Below, we describe the factors
considered here in more detail and
present the authorized take estimates.
Acoustic Criteria
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 auditory
injury of some degree (equated to Level
A harassment). We note that the criteria
for auditory injury, as well as the names
of two hearing groups, have been
recently updated (NMFS 2024a) as
reflected below in the Level A
Harassment section.
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
communication, predators, prey) may
result in changes in behavior patterns
that would not otherwise occur.
Hoonah’s planned activity includes
the use of continuous (vibratory pile
driving, tension anchoring) and
impulsive (impact pile driving, tension
anchoring) sources, and therefore the
RMS SPL thresholds of 120 and 160 dB
re 1 mPa are applicable. Tension
anchoring has both continuous and
intermittent components. When
evaluating Level B harassment, NMFS
recommends treating tension anchoring
as a continuous source and applying the
RMS SPL thresholds of 120 dB re 1 mPa.
Level A Harassment—NMFS’ Updated
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (Version 3.0)
(Updated Technical Guidance, 2024)
identifies dual criteria to assess auditory
injury (Level A harassment) to five
different underwater marine mammal
groups (based on hearing sensitivity) as
a result of exposure to noise from two
different types of sources (impulsive or
non-impulsive). Hoonah’s planned
activity includes the use of impulsive
(impact pile driving, tension anchoring)
and non-impulsive (vibratory pile
driving, tension anchoring) sources.
Tension anchoring includes both
impulsive and non-impulsive
characteristics. When evaluating Level
A harassment, NMFS recommends
treating tension anchoring as an
impulsive source.
The 2024 Updated Technical
Guidance criteria include both updated
thresholds and updated weighting
functions for each hearing group. The
thresholds are provided in the table
below. The references, analysis, and
methodology used in the development
of the criteria are described in NMFS’
2024 Updated Technical Guidance,
which may be accessed at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidanceother-acoustic-tools.
TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF AUDITORY INJURY
Auditory injury onset acoustic thresholds *
(received level)
Hearing group
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Impulsive
Low-Frequency (LF) Cetaceans .....................................
High-Frequency (HF) Cetaceans ....................................
Very High-Frequency (VHF) Cetaceans .........................
Phocid Pinnipeds (PW) (Underwater) .............................
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Non-impulsive
Lp,0-pk,flat: 222 dB; LE,p,LF,24h: 183 dB ................
Lp,0-pk,flat: 230 dB; LE,HF,24h: 193 dB ..................
Lpk,0-pk,flat: 202 dB; LE,p,VHF,24h: 159 dB ............
Lp,0-pk,flat: 223 dB; LE,PW,24h: 185 dB .................
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2:
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LE,P,LF,24h: 197 dB.
LE,p,HF,24h: 201 dB.
LE,p,VHF,24h: 181 dB.
LE,p,OW,24h: 195 dB.
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TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF AUDITORY INJURY—Continued
Auditory injury onset acoustic thresholds *
(received level)
Hearing group
Otariid Pinnipeds (OW) (Underwater) .............................
Impulsive
Non-impulsive
Cell 9: Lp,0-pk,flat: 230 dB; LE,p,OW,24h: 185 dB ...............
Cell 10: LE,p,OW,24h: 199 dB.
* Dual metric criteria for impulsive sounds: Use whichever criteria results in the larger isopleth for calculating AUD INJ onset. If a non-impulsive
sound has the potential of exceeding the peak sound pressure level criteria associated with impulsive sounds, the PK SPL criteria are recommended for consideration for non-impulsive sources.
Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa (underwater) and 20 μPa (in air), and weighted cumulative sound exposure level (LE,p) has a reference value of 1 μPa2s (underwater) and 20 μPa2s (in air). In this table, criteria are abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017; ISO 2020). The subscript ‘‘flat’’ is being included to indicate peak
sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals underwater (i.e., 7 Hz to 165 kHz) or in
air (i.e., 42 Hz to 52 kHz). The subscript associated with cumulative sound exposure level criteria indicates the designated marine mammal auditory weighting function (LF, HF, and VHF cetaceans, and PW, OW, PA, and OA pinnipeds) and that the recommended accumulation period is 24
hours. The weighted cumulative sound exposure level criteria 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 criteria will be exceeded.
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. Vessel traffic and other
commercial and industrial activities in
the project area may contribute to
elevated background noise levels which
may mask sounds produced by the
project. Marine mammals are expected
to be affected via sound generated by
the primary components of the project
(i.e., vibratory pile driving and removal,
impact pile driving, and tension
anchoring).
Transmission loss (TL) is the decrease
in acoustic intensity as an acoustic
pressure wave propagates out from a
source. TL parameters vary with
frequency, temperature, sea conditions,
current, source and receiver depth,
water depth, water chemistry, and
bottom composition and topography.
The general formula for underwater TL
is:
TL = B * Log10 (R1/R2),
where
TL = transmission loss in dB
B = transmission loss coefficient
R1 = the distance of the modeled SPL from
the driven pile, and
R2 = the distance from the driven pile of the
initial measurement.
This formula neglects loss due to
scattering and absorption, which is
assumed to be zero here. The degree to
which underwater sound propagates
away from a sound source is dependent
on a variety of factors, most notably the
water bathymetry and presence or
absence of reflective or absorptive
conditions including in-water structures
and sediments. Spherical spreading
occurs in a perfectly unobstructed (freefield) environment not limited by depth
or water surface, resulting in a 6-dB
reduction in sound level for each
doubling of distance from the source
(20*log[range]). Cylindrical spreading
occurs in an environment in which
sound propagation is bounded by the
water surface and sea bottom, resulting
in a reduction of 3 dB in sound level for
each doubling of distance from the
source (10*log[range]). A practical
spreading value of 15 is often used
under conditions, such as the project
site, where water increases with depth
as the receiver moves away from the
shoreline, resulting in an expected
propagation environment that would lie
between spherical and cylindrical
spreading loss conditions. Practical
spreading loss is assumed here.
The intensity of pile driving sounds is
greatly influenced by factors such as the
type of piles, hammers, and the physical
environment in which the activity takes
place. In order to calculate the distances
to the Level A harassment and the Level
B harassment sound thresholds for the
methods and piles being used in this
project, the applicant and NMFS used
acoustic monitoring data from other
locations to develop proxy source levels
for the various pile types, sizes and
methods. The project includes vibratory,
and impact pile installation of steel pipe
piles and vibratory removal of steel pipe
piles, steel fender piles, steel sheet
piles, steel H-piles, steel wye piles, steel
X piles, and steel batter piles and
tension anchoring drilling. Source levels
for each pile size and driving method
are presented in table 4.
NMFS recommends treating DTH
systems as both impulsive and
continuous, non-impulsive sound
source types simultaneously. Thus,
impulsive thresholds are used to
evaluate Level A harassment, and
continuous thresholds are used to
evaluate Level B harassment. NMFS
(2022) outlines its recommended source
levels for DTH systems. NMFS has
applied that guidance in this analysis
(see table 4 for NMFS’ accepted source
levels).
TABLE 4—PROXY SOUND SOURCE LEVELS AT 10 m FOR PILE SIZES AND DRIVING METHODS
RMS SPL
(re 1 μPa)
Pile type
SEL
(re 1 μPa2-sec)
Peak SPL
(re 1 μPa)
Source
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Vibratory Pile Driving
Temporary 24-in steel pipe piles ..............
20-in steel fender piles.
Steel sheet piles .......................................
16-in steel fender piles .............................
162
160
155
H-piles .......................................................
150
NA
Wye piles ..................................................
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NA
PR1 2023 calculations (cited in NMFS
2023).
Caltrans 2015 (cited in NMFS 2023).
PR1 2023 calculations (cited in NMFS
2023).
PR1 2023 calculations (cited in NMFS
2023).
NMFS 2024.
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Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
TABLE 4—PROXY SOUND SOURCE LEVELS AT 10 m FOR PILE SIZES AND DRIVING METHODS—Continued
RMS SPL
(re 1 μPa)
Pile type
X piles.
36-in steel pile ..........................................
SEL
(re 1 μPa2-sec)
Peak SPL
(re 1 μPa)
Source
166
PR1 2023 calculations (cited in NMFS
2023).
Impact Pile Driving
20-in steel fender piles .............................
Steel sheet piles .......................................
16-in steel fender piles .............................
H-piles .......................................................
Wye piles.
X piles.
36-in steel pile ..........................................
190
190
185
183
177
180
175
170
203
205
200
210
Caltrans
Caltrans
Caltrans
Caltrans
2015
2015
2020
2015
(cited
(cited
(cited
(cited
in
in
in
in
NMFS
NMFS
NMFS
NMFS
2023).
2023).
2023).
2023).
193
183
210
Caltrans 2015 & 2020 (cited in NMFS
2023).
170
NMFS 2022.
Tension Anchoring
6–8 in anchor hole ....................................
156
All Level B harassment isopleths are
reported in table 5 below. The
maximum (underwater) area ensonified
above the thresholds for behavioral
harassment is 43 square kilometers
(km2; 16.6 square miles (mi2)). However,
that zone will be truncated by land
masses that will obstruct underwater
sound transmission and will be limited
to Port Fredrick (see figure 4 in
Trident’s application).
The ensonified area associated with
Level A harassment is more technically
challenging to predict due to the need
to account for a duration component.
144
Therefore, NMFS developed an optional
User Spreadsheet tool to accompany the
2024 Updated 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 auditory
injury. Inputs used in the optional User
Spreadsheet tool, and the resulting
estimated isopleths, are reported below.
TABLE 5—NMFS USER SPREADSHEET INPUTS
Pile size and type
Spreadsheet tab used
Weighting
factor
adjustment
(kHz)
Transmission
loss coefficient
Activity
duration
per pile
(minutes)
Number
of piles
per day
Number
of strikes
per pile
Vibratory Pile Driving
Temporary 24-in steel pipe piles ...
20-in steel fender piles ..................
Steel sheet piles ............................
16-in steel fender piles ..................
H-piles ............................................
Wye piles .......................................
X piles ............................................
36-in steel pipe pile .......................
36-in steel batter pile .....................
A.1 Vibratory pile driving ...............
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
15
15
15
15
15
15
15
15
15
6
3
30
2
2
3
1
2
2
15
30
15
30
30
30
30
60
60
NA
NA
NA
NA
NA
NA
NA
NA
NA
2
2
2
2
2
2
2
2
15
15
15
15
15
15
15
15
3
15
2
2
2
1
2
4
30
30
30
30
30
30
60
60
600
200
600
600
200
200
1,200
1,200
2
15
2
60
108,000
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Impact Pile Driving
20-in steel fender piles ..................
Steel sheet piles ............................
16-in steel fender piles ..................
H-piles ............................................
Wye piles .......................................
X piles ............................................
36-in steel pipe pile .......................
36-in steel batter pile .....................
E.1. Impact pile driving ..................
Tension Anchoring
6–8 in anchor hole .........................
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TABLE 6—CALCULATED LEVEL A AND LEVEL B HARASSMENT ISOPLETHS
Level A harassment zone (m)
Activity
LFcetaceans
I
HFcetaceans
I
VHFcetaceans
Phocids
I
I
Otariids
Level B
harassment
zone
(m)
Vibratory Pile Driving
Temporary 24-in steel pipe piles .....................................
20-in steel fender piles ....................................................
Steel sheet piles ..............................................................
16-in steel fender piles ....................................................
H-piles ..............................................................................
Wye piles .........................................................................
X piles ..............................................................................
36-in steel pipe pile ..........................................................
36-in steel batter pile .......................................................
16.4
....................
30.3
3.7
1.7
....................
1.1
31.5
....................
6.3
....................
11.6
1.4
0.7
....................
0.4
12.1
....................
13.4
....................
24.8
3.0
1.4
....................
0.9
25.8
....................
21.1
....................
39.0
4.7
2.2
....................
1.4
40.6
....................
7.1
....................
13.1
1.6
0.7
....................
0.5
13.7
....................
7,356.4
....................
4,641.6
2,154.4
1,000.0
....................
....................
11,659.1
....................
907.1
2,020.9
509.2
236.4
113.6
71.6
2,760.1
4,381.4
520.7
1,160.1
292.3
135.7
65.2
41.1
1,584.5
2,515.2
194.1
432.4
109.0
50.6
24.3
15.3
590.6
937.6
1,000.0
....................
462.2
341.5
....................
....................
1,584.9
....................
139.2
79.9
29.8
2,512.0
Impact Pile Driving
20-in steel fender piles ....................................................
Steel sheet piles ..............................................................
16-in steel fender piles ....................................................
H-piles ..............................................................................
Wye piles .........................................................................
X piles ..............................................................................
36-in steel pipe pile ..........................................................
36-in steel batter pile .......................................................
586.1
1,305.9
329.1
152.7
73.4
46.3
1,783.6
2,831.3
74.8
166.6
42.0
19.5
9.4
5.9
227.6
361.2
Tension Anchoring
6–8 in anchor hole ...........................................................
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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.
Consultation with the Hoonah
Harbormaster, applications and reports
from other nearby in water construction
projects, and available scientific
literature are used to estimate the
occurrence of marine mammals in the
action area. Daily occurrence probability
of each marine mammal species in the
action area is based on historic data of
occurrence, seasonality, and group size
in Port Frederick and Icy Strait, and
other nearby waters.
Here we describe how the information
provided above is synthesized to
produce a quantitative estimate of the
take that is reasonably likely to occur
and is authorized. Tables for each
species are presented to show the
calculation of take during the project.
NMFS used the following equations to
estimate take.
Incidental take estimate (daily) = group
size * groups per day * days of pile
driving activity (107 days)
Incidental take estimate (monthly) =
group size * groups per month
(considered 30 days) * months of
pile driving activity (107 days/30
days per month)
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There are a few sightings of minke
whales every year, so they could occur
every month during the project. They
typically occur in groups of two to three
individuals (NMFS 2023d). Up to one
group of three minke whales are
expected to occur in the project area per
month. Therefore, using the monthly
equation above, NMFS authorized11
takes by Level B harassment of minke
whales.
The largest Level A harassment zone
for minke whales extends 2,831 m from
the sound source (table 6). All
construction work will be shut down
prior to a minke whale entering the
Level A harassment zone specific to the
in-water activity underway at the time.
In consideration of the infrequent
occurrence of minke whales in the
project area and shutdown
requirements, no take by Level A
harassment of minke whales is
anticipated or authorized.
authorized 214 takes by Level B
harassment of humpback whales. In the
project area, it is estimated that the
majority of whales (98 percent) will be
from the Hawaii DPS and 2 percent will
be from the Mexico DPS (Wade 2021;
Muto et al. 2022). Therefore, of the 214
takes by Level B harassment, NMFS
anticipates that 210 takes will be of
individuals from the Hawaii DPS and 4
takes of individuals from the Mexico
DPS.
The largest Level A harassment zone
for humpback whales extends 2,831 m
from the sound source (table 6). All
construction work will be shut down
prior to a humpback whale entering the
Level A harassment zone specific to the
in-water activity underway at the time.
In consideration that humpback whales
are most often seen in Icy Strait and the
mouth of Port Fredrick and shutdown
requirements, no take by Level A
harassment is anticipated or authorized
for humpback whales.
Humpback Whale
Killer Whale
There are multiple sightings of
humpback whales every month, and
they could occur every day during the
project. They typically occur in groups
of one to two individuals (Dahlheim et
al., 2009). Up to one group of two
humpback whales are expected to occur
in the project area per day. Therefore,
using the daily equation above, NMFS
There are multiple sightings of killer
whales every year, and they could occur
every month during the project. They
typically occur in groups of one to five
individuals (NMFS 2023e). Up to 4
groups of 5 killer whales (i.e., 20 killer
whales total) are expected to occur in
the project area per month. Therefore,
using the monthly equation given above,
Minke Whale
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NMFS authorized 72 takes by Level B
harassment of killer whales.
The largest Level A harassment zone
for killer whales extends 361 m from the
sound source (table 6). All construction
work will be shut down prior to a killer
whale entering the Level A harassment
zone specific to the in-water activity
underway at the time. In consideration
of the small size of the Level A
harassment zone and shutdown
requirements, no take by Level A
harassment of killer whales is
anticipated or authorized.
Pacific White-Sided Dolphin
There are a few sightings of Pacific
white-sided dolphins every year, but
there are no sightings from recent years.
However, to avoid underestimating
potential impacts from the project, in
estimating take, NMFS assumes they
could occur every other month (i.e., one
group every 60 days) during the project.
They occur in groups of 2 to 153
individuals, but are most commonly
seen in groups of 23–26 individuals
(Dahlheim et al., 2009). NMFS
anticipates that up to one group of 26
Pacific white-sided dolphins could
occur in the project area every other
month. Using the monthly equation
above suggests that there could be 47
takes by Level B harassment of Pacific
white-sided dolphins. However, since
these dolphins can occur in large
groups, NMFS authorized 153 takes by
Level B harassment in case a larger pod
is observed.
The largest Level A harassment zone
for Pacific white-sided dolphins extends
361 m from the sound source (table 6).
All construction work will be shut
down prior to a Pacific white-sided
dolphin entering the Level A
harassment zone specific to the in-water
activity underway at the time. In
consideration of the small size of the
Level A harassment zone, shutdown
requirements, and infrequent
occurrence of Pacific white-sided
dolphins, no take by Level A
harassment of Pacific white-sided
dolphins is anticipated or authorized.
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Dall’s Porpoise
There are multiple sightings of Dall’s
porpoises every year, and they could
occur every month during the project.
They typically occur in groups of two to
five individuals (Dahlheim et al., 2009).
NMFS anticipates that up to 4 groups of
5 Dall’s porpoises (i.e., 20 Dall’s
porpoises total) could occur in the
project area per month. Therefore, using
the monthly equation given above,
NMFS authorized 72 takes by Level B
harassment of Dall’s porpoises.
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The largest Level A harassment zone
for Dall’s porpoises extends 4,381 m
from the sound source (table 6) during
impact pile driving. Hoonah will be
required to implement shutdowns
during all pile driving activities.
However, during impact pile driving of
the 20-in fender piles, 16-in fender
piles, sheet piles, and 36-in piles, the
Level A harassment zones for Dall’s
porpoise extend beyond the shutdown
zones, and NMFS anticipates that Level
A harassment could occur. Hoonah
estimates, and NMFS concurs, that up to
four groups of two Dall’s porpoises
could occur in the Level A harassment
zone for a duration long enough to incur
auditory injury during each month of
impact pile driving (42 days of pile
driving). Using the monthly equation
above, NMFS authorized 12 takes by
Level A harassment of Dall’s porpoises.
Harbor Porpoise
There are multiple sightings of harbor
porpoises every month, and they could
occur every day during the project. They
typically occur in groups of one to three
individuals (Dahlheim et al., 2009). Up
to one group of three harbor porpoises
are expected to occur in the project area
per day. Therefore, using the daily
equation given above, NMFS authorized
321 takes by Level B harassment of
harbor porpoises.
The largest Level A harassment zone
for harbor porpoises extends 4,381 m
from the sound source (table 6) during
impact pile driving. Hoonah will be
required to implement shutdowns
during all pile driving activities.
However, during impact pile driving of
the 20-in fender piles, 16-in fender
piles, sheet piles, and 36-in piles, the
Level A harassment zones for the harbor
porpoise extend beyond the shutdown
zone, and NMFS anticipates that Level
A harassment could occur. Hoonah
expects, and NMFS concurs, that up to
one group of two harbor porpoises could
be present in the Level A harassment
zone for each day of impact pile driving
(42 days of pile driving). Using the daily
equation given above, NMFS authorized
84 takes by Level A harassment of
harbor porpoises.
harbor seal haulout located 3 km (1.9
mi) from the project site where harbor
seals congregate in larger numbers.
Hoonah estimated, and NMFS concurs
that up to 1 group of 20 harbor seals
could be taken by Level B harassment
every month that the Level B
harassment zone is larger than 2,000 m
(43 days of pile driving). Therefore,
using the monthly equation given above,
NMFS authorized an additional 29 takes
by Level B harassment of harbor seals.
Cumulatively, NMFS authorized 243
takes by Level B harassment of harbor
seals.
The largest Level A harassment zone
for harbor seals extends 2,515 m from
the sound source (table 6) during impact
pile driving. Hoonah will be required to
implement shutdowns during all pile
driving activities. However, during
impact pile driving of the 20-in fender
piles, 16-in fender piles, sheet piles, and
36-in piles, the Level A harassment
zones for the harbor seal extend beyond
the shutdown zone, and NMFS
anticipates that Level A harassment
could occur. Hoonah expects, and
NMFS concurs, that up to one harbor
seal could be present in the Level A
harassment zone for each day of impact
pile driving (42 days of pile driving).
Using the equation given above, NMFS
authorized 42 takes by Level A
harassment of harbor seals.
Steller Sea Lion
There are a multiple sightings of
Steller sea lions every month, and they
could occur every day during the
project. They typically occur in groups
of one to four individuals (NMFS
2023f). Up to one group of four Steller
sea lions is expected to occur in the
project area per day. Therefore, using
the daily equation given above, NMFS
authorized 428 takes by Level B
harassment of Steller sea lions. Both the
Eastern DPS and Western DPS of Steller
sea lions occur in the project area.
NMFS estimates that the majority of
Steller sea lions in the project area (99.6
percent) will be from the Eastern DPS
and 1.4 percent will be from the
Western DPS (Hastings et al., 2020).
Therefore, of the 428 total takes by Level
B harassment, NMFS anticipates that
Harbor Seal
422 takes will be of individuals from the
There are a multiple sightings of
Eastern DPS and 6 takes of individuals
harbor seals every month, and they
from the Western DPS.
The largest Level A harassment zone
could occur every day during the
for Steller sea lions extends 938 m from
project. They typically occur in groups
the sound source (table 6). All
of one to four individuals (Jefferson et
al., 2019). Up to one group of two harbor construction work will be shut down
seals are expected to occur in the project prior to a Steller sea lion entering the
Level A harassment zone specific to the
area per day. Therefore, using the daily
equation given above, NMFS authorized in-water activity underway at the time.
In consideration of the shutdown
214 takes by Level B harassment of
requirements, no take by Level A
harbor seals. Additionally there is a
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harassment is anticipated or authorized
for Steller sea lions.
TABLE 7—AUTHORIZED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES AND STOCK
Common name
Stock
Minke whale ..................................
Humpback whale ..........................
Alaska ...........................................
Hawaii DPS ..................................
Mexico DPS ..................................
Eastern North Pacific Alaska
Resident.
West Coast Transient ...................
Eastern North Pacific Northern
Resident.
North Pacific .................................
Alaska ...........................................
Northern Southeast Alaska Inland
Waters.
Glacier Bay/Icy Strait ....................
Western DPS ................................
Eastern DPS .................................
Killer whale ...................................
Pacific white-sided dolphin ...........
Dall’s porpoise ..............................
Harbor porpoise ............................
Harbor seal ...................................
Steller sea lion ..............................
Total
authorized
take
Authorized
take as
percentage
of stock 2
Stock
abundance 1
Level A
harassment
Level B
harassment
UND
11,278
3,477
1,920
349
302
0
0
11
214
11
214
0
72
72
1.9
6.1
3.8
20.6
23.8
26,880
UND
1,619
0
12
84
153
72
321
153
83
403
4 UND
7,455
49,837
36,308
42
0
243
428
298
428
3 UND
0.6
24.9
4.0
0.9
1.2
1 Stock
size is Nbest according to NMFS 2023 Draft SARs, unless otherwise noted.
of stock reflects the combined total of take by Level B and Level A harassment (if requested). If a species has multiple stocks, NMFS
conservatively assumes that all takes occur to each stock.
3 The Alaska SAR does not have an estimated population size for the Alaska stock of minke whales due to only a portion of the stock’s range
being surveyed and such few whales seen during stock abundance surveys.
4 NMFS does not have an official abundance estimate for this stock, and the minimum population estimate is considered to be unknown
(Young et al., 2023). See Small Numbers for additional discussion.
2 Percent
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Mitigation
In order to issue an IHA under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to the activity, and
other means of effecting the least
practicable impact on the species or
stock and its habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance, and on
the availability of the species or stock
for taking for certain subsistence uses
(latter not applicable for this action).
NMFS regulations require applicants for
incidental take authorizations to include
information about the availability and
feasibility (economic and technological)
of equipment, methods, and manner of
conducting the activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or
may not be appropriate to ensure the
least practicable adverse impact on
species or stocks and their habitat, as
well as subsistence uses where
applicable, NMFS considers two
primary factors:
(1) The manner in which, and the
degree to which, the successful
implementation of the measure(s) is
expected to reduce impacts to marine
mammals, marine mammal species or
stocks, and their habitat. This considers
the nature of the potential adverse
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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.
The mitigation measures described in
the following paragraphs will apply to
Hoonah’s in-water construction
activities.
Shutdown Zones and Monitoring
Hoonah must establish shutdown
zones for all pile driving activities. 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 animal (or in
anticipation of an animal entering the
defined area). Shutdown zones vary
based on the activity type and duration
and marine mammal hearing group, as
shown in table 8. A minimum shutdown
zone of 10 m will be required for all inwater construction activities to avoid
physical interaction with marine
mammals. Marine mammal monitoring
will be conducted during all pile
driving activities to ensure that
shutdowns occur, as required.
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Shutdown zones for each activity type
are shown in table 8.
Prior to pile driving, shutdown zones
will be established as indicated in table
8. Observers will survey the shutdown
zones for at least 30 minutes before pile
driving activities start. If marine
mammals are observed within the
shutdown zone, pile driving and tension
anchoring will be delayed until the
animal has moved out of the shutdown
zone, either verified by an observer or
by waiting until 15 minutes has elapsed
without a sighting of small cetaceans,
delphinids, and pinnipeds; or 30
minutes has elapsed without a sighting
of a large cetacean. If a marine mammal
approaches or enters the shutdown zone
during pile driving or tension
anchoring, the activity will be halted. If
a species for which authorization has
not been granted, or a species which has
been granted but the authorized takes
are met, is observed approaching or
within the Level B harassment zone
during pile driving or tension
anchoring, the activity will be halted.
Pile driving may resume after the
animal has moved out of and is moving
away from the shutdown zone (or Level
B harassment zone for which
authorization has not been granted, or a
species which has been granted but the
authorized takes are met) or after at least
15 minutes has passed since the last
observation of the animal.
All marine mammals will be
monitored in the Level B harassment
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zones and throughout the area as far as
visual monitoring can take place. If a
marine mammal enters the Level B
harassment zone, in-water activities will
continue and protected species
observers (PSOs) will document the
animal’s presence within the estimated
harassment zone.
TABLE 8—SHUTDOWN AND LEVEL B HARASSMENT ZONES BY ACTIVITY
Minimum shutdown zone (m)
Activity
LFcetaceans
I
HFcetaceans
I
VHFcetaceans
Phocids
I
I
Otariids
Level B
harassment
zone
(m)
Vibratory Pile Driving
Temporary 24-in steel pipe piles .....................................
20-in steel fender piles ....................................................
Steel sheet piles ..............................................................
16-in steel fender piles ....................................................
H-piles ..............................................................................
Wye piles .........................................................................
X piles ..............................................................................
36-in steel pipe pile ..........................................................
36-in steel batter pile.
20
....................
35
10
10
....................
....................
35
10
....................
15
10
10
....................
....................
15
15
....................
25
10
10
....................
....................
30
25
....................
40
10
10
....................
....................
45
10
....................
15
10
10
....................
....................
15
7,360
....................
4,645
2,155
1,000
....................
....................
11,660
200
200
200
200
115
75
200
200
200
200
200
140
70
45
200
200
195
435
110
55
25
20
595
940
1,000
....................
465
345
....................
....................
1,5890
....................
140
80
30
2,515
Impact Pile Driving
20-in steel fender piles ....................................................
Steel sheet piles ..............................................................
16-in steel fender piles ....................................................
H-piles ..............................................................................
Wye piles .........................................................................
X piles ..............................................................................
36-in steel pipe pile ..........................................................
36-in steel batter pile .......................................................
590
1,310
330
155
75
50
1,785
2,835
75
170
42
20
10
10
230
365
Tension Anchoring
6–8 in anchor hole ...........................................................
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Protected Species Observers
The placement of PSOs during all pile
driving activities (described in the
Monitoring and Reporting section) will
ensure that the entire shutdown zone is
visible. Should environmental
conditions deteriorate such that the
entire shutdown zone would not be
visible (e.g., fog, heavy rain), pile
driving would be delayed until the PSO
is confident marine mammals within
the shutdown zone could be detected.
PSOs will monitor the full shutdown
zones and as much of the Level B
harassment zones as possible.
Monitoring 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.
Pre- and Post-Activity Monitoring
Monitoring must take place from 30
minutes prior to initiation of pile
driving activities (i.e., pre-clearance
monitoring) through 30 minutes postcompletion of pile driving. Prior to the
start of daily in-water construction
activity, or whenever a break in pile
driving of 30 minutes or longer occurs,
PSOs must observe the shutdown and
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90
15
monitoring zones for a period of 30
minutes. The shutdown zone will be
considered cleared when a marine
mammal has not been observed within
the zone for a 30-minute period. If a
marine mammal is observed within the
shutdown zones, pile driving activity
will be delayed or halted. If work ceases
for more than 30 minutes, the preactivity monitoring of the shutdown
zones will commence. A determination
that the shutdown zone is clear must be
made during a period of good visibility
(i.e., the entire shutdown zone and
surrounding waters must be visible to
the naked eye).
Soft Start
Soft-start procedures provide
additional protection to marine
mammals by providing warning and/or
giving marine mammals a chance to
leave the area prior to the impact
hammer operating at full capacity.
Hoonah must implement soft start
techniques when impact pile driving.
Soft start requires contractors to conduct
an initial set of three strikes at reduced
energy, followed by a 30-second waiting
period, then two subsequent three-strike
sets before initiating continuous driving.
Soft start will be implemented at the
start of each day’s impact pile driving
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and at any time following cessation of
impact pile driving for a period of 30
minutes or longer.
Based on our evaluation of the
applicant’s planned measures, NMFS
has determined that the mitigation
measures provide the means of effecting
the least practicable impact on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
In order to issue an IHA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
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.
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Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
activity; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
cumulative impacts from multiple
stressors;
• How anticipated responses to
stressors impact either: (1) long-term
fitness and survival of individual
marine mammals; or (2) populations,
species, or stocks;
• Effects on marine mammal habitat
(e.g., marine mammal prey species,
acoustic habitat, or other important
physical components of marine
mammal habitat); and
• Mitigation and monitoring
effectiveness.
Visual Monitoring
Marine mammal monitoring must be
conducted in accordance with the
Marine Mammal Monitoring and
Mitigation Plan and section 5 of the
IHA. Hoonah’s draft Marine Mammal
Monitoring and Mitigation Plan is
Appendix D of the IHA application.
Prior to the beginning of construction,
Hoonah will submit a revised Marine
Mammal Mitigation and Monitoring
Plan containing additional details of
monitoring locations and methodology
for NMFS concurrence.
Marine mammal monitoring during
pile driving and removal 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;
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• Other PSOs may substitute
education (degree in biological science
or related field) or training for prior
experience performing the duties of a
PSO during construction activity
pursuant to a NMFS-issued incidental
take authorization. PSOs may also
substitute Alaska native traditional
knowledge for experience;
• Where a team of three or more PSOs
is required, a lead observer or
monitoring coordinator must be
designated. The lead observer must have
prior experience performing the duties
of a PSO 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 have the following
additional qualifications:
• Ability to conduct field
observations and collect data according
to assigned protocols;
• Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
• Sufficient training, orientation, or
experience with the construction
operation to provide for personal safety
during observations;
• Writing skills sufficient to prepare a
report of observations including but not
limited to the number and species of
marine mammals observed; dates and
times when in-water construction
activities were conducted; dates, times,
and reason for implementation of
mitigation (or why mitigation was not
implemented when required); and
marine mammal behavior; and
• Ability to communicate orally, by
radio or in person, with project
personnel to provide real-time
information on marine mammals
observed in the area as necessary.
Between one and three PSOs will be
on duty depending on the size of the
Level B harassment zone. PSOs will
establish monitoring locations as
described in the Marine Mammal
Mitigation and Monitoring Plan.
Monitoring locations will be selected by
the Contractor during pre-construction.
PSOs will monitor for marine mammals
entering the Level B harassment zones;
the position(s) may vary based on
construction activity and location of
piles or equipment.
Monitoring will be conducted 30
minutes before, during, and 30 minutes
after pile driving/removal activities. In
addition, observers shall record all
incidents of marine mammal
occurrence, regardless of distance from
activity, and shall document any
behavioral reactions in concert with
distance from piles being driven or
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12141
removed. Pile driving/removal 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.
Data Collection
PSOs must use approved data forms
to record the following information:
• Dates and times (beginning and
end) of all marine mammal monitoring;
and
• PSO locations during marine
mammal monitoring.
• Construction activities occurring
during each daily observation period,
including how many and what type of
piles were driven or removed and by
what method (i.e., vibratory, impact, or
tension anchoring).
• Weather parameters and water
conditions;
• The number of marine mammals
observed, by species, relative to the pile
location and if pile driving or removal
was occurring at time of sighting;
• Distance and bearings of each
marine mammal observed to the pile
being driven or removed;
• Description of marine mammal
behavior patterns, including direction of
travel;
• Age and sex class, if possible, of all
marine mammals observed; and
• Detailed information about
implementation of any mitigation
triggered (such as shutdowns and
delays), a description of specific actions
that ensued, and resulting behavior of
the animal if any.
Reporting
A draft marine mammal monitoring
report will be submitted to NMFS
within 90 days after the completion of
monitoring or 60 calendar days prior to
the requested issuance of any
subsequent IHA for construction activity
at the same location, whichever comes
first. It would include an overall
description of work completed, a
narrative regarding marine mammal
sightings, and associated PSO data
sheets. Specifically, the report must
include:
• Dates and times (begin and end) of
all marine mammal monitoring;
• Construction activities occurring
during each daily observation period,
including the number and type of piles
driven or removed and by what method
(i.e., impact, vibratory, tension
anchoring). The total duration of driving
time must be recorded for each pile
during vibratory driving and, number or
strikes for each pile during impact
driving, and the duration of operation of
drilling and components for tension
anchoring;
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• 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 bearing
of each marine mammal observed
relative to the pile being driven for each
sighting (if pile driving was occurring at
time of 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 any
implementation of any mitigation
triggered (e.g., shutdowns and delays), a
description of specific actions that
ensued, and resulting changes in
behavior of the animal(s), if any.
If no comments are received from
NMFS within 30 days, the draft final
report will constitute the final report. If
comments are received, a final report
addressing NMFS comments must be
submitted within 30 days after receipt of
comments.
Reporting Injured or Dead Marine
Mammals
In the event that personnel involved
in the construction activities discover
an injured or dead marine mammal,
Hoonah shall report the incident to the
Office of Protected Resources (OPR),
NMFS and to the Alaska regional
stranding network as soon as feasible. If
the death or injury was clearly caused
by the specified activity, Hoonah must
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immediately cease the specified
activities until NMFS is able to review
the circumstances of the incident and
determine what, if any, additional
measures are appropriate to ensure
compliance with the terms of the IHA.
The IHA-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., 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
human-caused mortality, or ambient
noise levels).
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To avoid repetition, the majority of
our analysis applies to all the species
listed in table 1, given that many of the
anticipated effects of this project on
different marine mammal stocks are
expected to be relatively similar in
nature. Where there are meaningful
differences between species or stocks, or
groups of species, in anticipated
individual responses to activities,
impact of expected take on the
population due to differences in
population status, or impacts on habitat,
they are described independently in the
analysis below.
Pile driving and tension anchoring
activities have the potential to disturb or
displace marine mammals. Specifically,
the project activities may result in take,
in the form of Level A harassment
(Dall’s porpoise, harbor porpoise, and
harbor seal) and Level B harassment
from underwater sounds generated from
pile driving and removal and tension
anchoring. Potential takes could occur if
individuals are present in the ensonified
zone when these activities are
underway.
The takes by Level B harassment
would be due to potential behavioral
disturbance and TTS. Takes by Level A
harassment would be due to auditory
injury. No mortality or serious injury is
anticipated given the nature of the
activity, even in the absence of the
required mitigation. The potential for
harassment is minimized through the
construction method and the
implementation of the mitigation
measures (see Mitigation section).
Take will occur within a limited,
confined area (Port Fredrick) of the
stocks’ ranges. The intensity and
duration of take by Level A harassment
and Level B harassment will be
minimized through use of mitigation
measures described herein. Further, the
amount of take authorized is extremely
small when compared to stock
abundance, and the project is not
anticipated to impact any known
important habitat areas for any marine
mammal species with the exception of
a known biologically important area for
humpback whales, discussed below.
Take by Level A harassment is
authorized to account for the potential
that an animal could enter and remain
within the area between a Level A
harassment zone and the shutdown
zone for a duration long enough to be
taken by Level A harassment. Any take
by Level A harassment is expected to
arise from, at most, a small degree of
auditory injury because 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 auditory injury.
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Additionally, and as noted previously,
some subset of the individuals that are
behaviorally harassed could also
simultaneously incur some small degree
of TTS for a short duration of time.
Because of the small degree anticipated,
though, any auditory injury or TTS
potentially incurred here would not be
expected to adversely impact individual
fitness, let alone annual rates of
recruitment or survival.
Behavioral responses of marine
mammals to pile driving at the project
site, if any, are expected to be mild and
temporary. Marine mammals within the
Level B harassment zone may not show
any visual cues they are disturbed by
activities or could become alert, avoid
the area, leave the area, or display other
mild responses that are not observable
such as changes in vocalization
patterns. Given the limited number of
piles to be installed or extracted per day
and that pile driving and removal will
occur across a maximum of 107 days
within the 12-month authorization
period, any harassment would be
temporary.
Any impacts on marine mammal prey
that would occur during Hoonah’s
planned activity would have, at most,
short-term effects on foraging of
individual marine mammals, and likely
no effect on the populations of marine
mammals as a whole. Indirect effects on
marine mammal prey during the
construction are expected to be minor,
and these effects are unlikely to cause
substantial effects on marine mammals
at the individual level, with no expected
effect on annual rates of recruitment or
survival.
In addition, it is unlikely that elevated
noise in a small, localized area of
habitat would have any effect on the
stocks’ annual rates of recruitment or
survival. 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 will have only minor, shortterm effects on individuals. The
specified activities are not expected to
impact rates of recruitment or survival,
and will therefore not result in
population-level impacts.
The waters of Glacier Bay and Icy
Strait are part of the Alaska humpback
whale feeding Biologically Important
Area (BIA) (Wild et al., 2023). However,
underwater sound will be constrained to
Port Fredrick and will be truncated by
land masses in the inlet. The area of the
BIA that may be affected by the planned
project is small relative to the overall
area of the BIA. The humpback whale
feeding BIA is active between May and
October while the planned project is
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scheduled to occur between September
and January, resulting in only 2 months
of overlap. Additionally, pile driving
associated with the project is expected
to take only 107 days, further reducing
the temporal overlap with the BIA.
Therefore, the planned project is not
expected to have significant adverse
effects on the foraging of Alaska
humpback whale.
There are two known harbor seal
haulouts within Port Fredrick. One of
the haulouts (CE79A) is located
approximately 10 km (6.25 mi) from the
project site and is outside of the
ensonfied zone for this action. The other
(CF39A) is located approximately 3 km
(2 mi) from the project site and will be
ensonified during some vibratory and
impact pile driving activities. Neither of
these haulouts are listed as a ‘‘key
haulout,’’ or a haulout with 50 or more
individuals present at the time of survey
(AFSC 2024). Given that these are not
considered key haulouts, and the
maximum of 43 days that the ensonified
zone will extend over 2 km, the planned
project is not expected to have
significant adverse effects on harbor seal
haulout sites. No areas of specific
biological importance (e.g., ESA critical
habitat, other BIAs, or other areas) for
any other species are known to co-occur
with the project area.
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;
• For all species except Dall’s
porpoises, harbor porpoises, and harbor
seals, no Level A harassment is
anticipated or authorized for this action;
• The intensity of anticipated takes
by Level B harassment is relatively low
for all stocks and would not be of a
duration or intensity expected to result
in impacts on reproduction or survival;
• The lack of anticipated significant
or long-term negative effects to marine
mammal habitat;
• With the exception of the
humpback whale BIA described above,
no areas of specific biological
importance (e.g., ESA critical habitat,
other BIAs, or other areas) for any other
species are known to co-occur with the
project area; and
• Hoonah will implement mitigation
measures, such as soft-starts for impact
pile driving and shutdowns to minimize
the numbers of marine mammals
exposed to injurious levels of sound,
and to ensure that take by Level A
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12143
harassment, is at most, a small degree of
auditory injury.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
monitoring and mitigation measures,
NMFS 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.
For all stocks, except for the Alaska
stock of minke whales and the Alaska
stock of Dall’s porpoises, whose
abundance estimate is unknown, the
authorized number of takes is less than
one-third of the best available
population abundance estimate (table
7). The numbers of animals authorized
to be taken from these stocks is
considered small relative to the relevant
stocks’ abundances, even if each
estimated taking occurred to a new
individual—an extremely unlikely
scenario.
Current abundance estimates of Dall’s
porpoises in the region are not available.
the most recent estimate (83,400
individuals) does not include coastal or
inland waters of southeast Alaska and is
considered unreliable since it is based
upon data collected more than 8 years
ago (Young et al., 2023). However, given
the size of the most recent estimate, the
83 takes of this stock that is authorized
clearly represents small numbers of this
stock.
There is no current or historical
estimate of the Alaska minke whale
stock, but there are known to be over
1,000 minke whales in the Gulf of
Alaska (Muto et al. 2018), so the 11
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Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
takes authorized is small relative to
estimated survey abundance, even if
each take occurred to a new individual.
Additionally, the range of the Alaska
stock of minke whales is extensive,
stretching from the Canadian Pacific
coast to the Chukchi Sea, and Hoonah’s
planned project area will impact a small
portion of this range.
Based on the analysis contained
herein of the planned activity (including
the 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.
lotter on DSK11XQN23PROD 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 50 CFR
216.103 as an impact resulting from the
specified activity: (1) That 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) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
Alaska Natives have traditionally
harvested subsistence resources,
including marine mammals, in the
Glacier Bay and Icy Strait for a
millennia. Present day Hoonah is the
principle village of the Huna Tribe, and
according to Ian Johnson, Hoonah
Indian Association’s Environmental
Coordinator, no known marine mammal
harvest takes place in the immediate
HMIC area (Johnson 2024). Limited
subsistence harvests of marine
mammals within Port Fredrick has
occurred in the past, with the most
recent recorded/documented harvests of
marine mammals in Hoonah in 2012.
The planned activity will take place in
Port Fredrick, and no activities overlap
with current subsistence hunting areas;
therefore, there are no relevant
subsistence uses of marine mammals
adversely impacted by this action. 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 to
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
impact subsistence harvest of marine
mammals in the region.
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
mitigation and monitoring measures,
NMFS has determined that there will
not be an unmitigable adverse impact on
subsistence uses from Hoonah’s planned
activities.
Dated: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Endangered Species Act
There are two marine mammal
species (Mexico DPS humpback whale
and western DPS Steller sea lion) with
confirmed occurrence in the project area
that are listed as endangered under the
ESA. The NMFS Alaska Regional Office
issued a Biological Opinion on February
20, 2025 under section 7 of the ESA, on
the issuance of an IHA to Hoonah under
section 101(a)(5)(D) of the MMPA by the
NMFS Office of Protected Resources.
The Biological Opinion concluded that
the planned action is not likely to
jeopardize the continued existence of
Mexico DPS humpback whales or
western DPS Steller sea lions, and is not
likely to destroy or adversely modify
Mexico DPS humpback whale and
western DPS Steller sea lion critical
habitat.
[RTID 0648–XE749]
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 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NAO 216–
6A, which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of this IHA qualifies to be categorically
excluded from further NEPA review.
Authorization
NMFS has issued an IHA to Hoonah
for the potential harassment of small
numbers of eight marine mammal
species incidental to the Hoonah Cargo
Dock Project in Hoonah, Alaska, that
includes the previously explained
mitigation, monitoring, and reporting
requirements.
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[FR Doc. 2025–04071 Filed 3–13–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
holding a public meeting of its
Scientific and Statistical Committee
(SSC) via webinar to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Friday, April 4, 2025, beginning at 9
a.m.
SUMMARY:
ADDRESSES:
Webinar Registration information:
https://nefmc-org.zoom.us/meeting/
register/KdBy56K9S7uxwrsadkeIQg.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Cate
O’Keefe, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Scientific and Statistical
Committee (SSC) will meet to Consider
revising recommendations for the
overfishing limits (OFL) and acceptable
biological catches (ABC) for Atlantic
herring: specifically review updated
information provided by the Council’s
Atlantic Herring Plan Development
Team (PDT) and the Atlantic States
Marine Fisheries Commission’s Atlantic
Herring Technical Committee (TC)
including: (1) Stock projections with an
updated fishing year (FY) 2024 fishery
catch estimate and a risk analysis
prepared by the PDT/TC, and (2)
Outcomes from the March 2025 peer
review of the Research Track Stock
Assessment and recommend Atlantic
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 90, Number 49 (Friday, March 14, 2025)]
[Notices]
[Pages 12131-12144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04071]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE642]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the City of Hoonah's Cargo Dock
Project, Hoonah, 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
the City of Hoonah (Hoonah) to incidentally harass marine mammals
during pile driving and removal activities associated with the Hoonah
Cargo Dock project in Hoonah, Alaska. There are no changes from the
proposed authorization in this final authorization.
DATES: This authorization is effective from September 1, 2025 through
August 31, 2026.
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: Rachel Wachtendonk, 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 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 monitoring and
reporting of the takings. The definitions of all applicable MMPA
statutory terms used above are included in the relevant sections below
and can be found in section 3 of the MMPA (16 U.S.C. 1362) and NMFS
regulations at 50 CFR 216.103.
Summary of Request
On May 10, 2024, NMFS received a request from Hoonah for an IHA to
take marine mammals incidental to pile driving and removal activities
associated with the Hoonah Cargo Dock project in Hoonah, Alaska.
Following NMFS' review of the application, Hoonah submitted a revised
versions on September 10, 2024 and October 15, 2024. The application
was deemed adequate and complete on October 22, 2024. Hoonah's request
is for take of eight species of marine mammals by Level B harassment
and, for a subset of these species, Level A harassment. Neither Hoonah
nor NMFS expect serious injury or mortality to result from this
activity and, therefore, an IHA is appropriate.
NMFS previously issued an IHA to Hoonah for the Hoonah Cargo Dock
project (86 FR 27410, May 20, 2021), and later changed the effective
dates of the IHA in a re-issuance (87 FR 27571, May 9, 2022). However,
due to COVID and inflation no work under the IHA was conducted. Since
then, Hoonah has made several changes to their project plan and,
therefore, a new IHA is appropriate.
There are no changes from the proposed IHA to the final IHA.
Description of the Specified Activity
Overview
Hoonah plans to install a cargo dock at the Hoonah Marine
Industrial Center (HMIC) in Hoonah, Alaska starting in September 2025.
Work would occur on approximately 107 days over a span of 5 months.
Construction of the sheet pile cargo dock, barge ramp, and breasting
dolphins will require impact and vibratory pile installation and down-
the-hole (DTH) drilling (referred to as tension anchoring).
The construction of the sheet pile cargo dock, barge ramp, and
breasting dolphins will include the installation of 542 (330 linear
feet (ft), or 100.6 linear meters (m)) steel sheet piles, 5 steel wye
piles, 1 steel X pile, 3 20-inch (in), or 0.51-m steel fender piles, 2
16-in (0.41 m) fender piles, 7 H-piles, 4 36-in (0.91 m) steel pipe
piles, and 6 36-in (0.91 m) steel batter piles. The installation and
removal of 50 temporary 24-in (0.61 m) steel pipe piles will be
completed to support the permanent pile installation. Piles will be
installed with vibratory and impact hammers, and temporary piles will
be removed with a vibratory hammer. 8-to-10-in (0.20 to 0.25 m) steel
pipe casings will be placed in each steel pipe/batter piles as tension
anchors and set with tension anchoring.
A detailed description of the planned construction project is
provided in the Federal Register notice for the proposed IHA (90 FR
1084, January 7, 2025). Since that time, no changes have been made to
the planned activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specified activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to Hoonah was published
in the Federal Register on January 7, 2025 (90 FR 1084). That notice
described, in detail, Hoonah'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
[[Page 12132]]
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 public comments.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of the potentially affected species. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, instead of reprinting the information. Additional
information regarding population trends and threats may be found in
NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and
more general information about these species (e.g., physical and
behavioral descriptions) may be found on NMFS' website (https://www.fisheries.noaa.gov/find-species).
Table 1 lists all species or stocks for which take is expected and
authorized for this activity and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality (M/SI) 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 and are available
online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.
Table 1--Species \1\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/ MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\2\ abundance survey) \3\ SI \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Artiodactyla--Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals):
Humpback Whale.................. Megaptera novaeangliae. Mainland Mexico--CA/OR/ T, D, Y 3,477 (0.101, 3,185, 43 22
WA. 2018).
Hawai[revaps]i......... -, -, N 11,278 (0.56, 7,265, 127 27.09
2020).
Minke Whale..................... Balaenoptera AK..................... -, -, N N/A (N/A, N/A, N/A) UND 0
acutorostrata. \5\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
Killer whale.................... Orcinus orca........... Eastern North Pacific -, -, N 1,920 (N/A, 1,920, 19 1.3
Alaska Resident. 2019) \6\.
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
\7\.
Pacific White-Sided Dolphin..... Lagenorhynchus N Pacific.............. -, -, N 26,880 (N/A, N/A, UND 0
obliquidens. 1990).
Family Phocoenidae (porpoises):
Dall's Porpoise................. Phocoenoides dalli..... AK..................... -, -, N UND (UND, UND, 2015) UND 37
\8\.
Harbor Porpoise................. Phocoena phocoena...... Northern Southeast -, -, N 1,619 (0.26, 1,250, 13 5.6
Alaska Inland Waters 2019).
\9\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
Steller Sea Lion................ Eumetopias jubatus..... Western................ E, D, Y 49,837 (N/A, 49,837, 299 267
2022) \10\.
Eastern................ -, -, N 36,308 (N/A, 36,308, 2,178 93.2
2022) \11\.
Family Phocidae (earless seals):
Harbor Seal..................... Phoca vitulina......... Glacier Bay/Icy Strait. -, -, N 7,455 (N/A, 6,680, 120 104
2017).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/).
\2\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
automatically designated under the MMPA as depleted and as a strategic stock.
\3\ NMFS marine mammal 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.
\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\ Reliable population estimates are not available for this stock. Please see Friday et al. (2013) and Zerbini et al. (2006) for additional information
on numbers of minke whales in Alaska.
\6\ Nest is based upon counts of individuals identified from photo-ID catalogs.
\7\ Nest is based upon count of individuals identified from photo-ID catalogs in analysis of a subset of data from 1958-2018.
[[Page 12133]]
\8\ The best available abundance estimate is likely an underestimate for the entire stock because it is based upon a survey that covered only a small
portion of the stock's range.
\9\ New stock split from Southeast Alaska stock.
\10\ 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.
\11\ 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.
As indicated above, all 8 species (with 12 managed stocks) in table
1 temporally and spatially co-occur with the activity to the degree
that take is reasonably likely to occur. All species that could
potentially occur in the project area are included in table 6 of the
IHA application. While gray whales and sperm whales have been
documented in the area, the temporal and/or spatial occurrence of these
species is such that take is not expected to occur, and they are not
discussed further beyond the explanation provided here. Gray whales are
considered to be very rare (no local knowledge of sightings in the
project area) and sperm whales are considered to be rare (no sightings
in recent years) within the project area.
Additional information relevant to our analyses (beyond that
included above, in the application, and on NMFS website) is included
below, as appropriate. In addition, the Northern sea otter (Enhydra
lutris kenyoni) may be found in the project area. However, sea otters
are managed by the U.S. Fish and Wildlife Service and are not
considered further in this document.
A detailed description of the species likely to be affected by
Hoonah's construction 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 (90 FR 1084, January 7, 2025); 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 the NMFS website (https://www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Generalized hearing ranges were
chosen based on the ~65 decibel (dB) threshold from composite
audiograms, previous analyses in NMFS (2018), and/or data from Southall
et al. (2007) and Southall et al. (2019). We note that the names of two
hearing groups and the generalized hearing ranges of all marine mammal
hearing groups have been recently updated (NMFS 2024) as reflected
below in in table 2.
Table 2--Marine Mammal Hearing Groups
[NMFS, 2024a]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
UNDERWATER:
Low-frequency (LF) cetaceans 7 Hz to 36 \*\ kHz.
(baleen whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales,
beaked whales, bottlenose
whales).
Very High-frequency (VHF) 200 Hz to 165 kHz.
cetaceans (true porpoises,
Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus
cruciger & L. australis).
Phocid pinnipeds (PW) 40 Hz to 90 kHz.
(underwater) (true seals).
Otariid pinnipeds (OW) 60 Hz to 68 kHz.
(underwater) (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 (2024a) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from Hoonah's pile driving and
tension anchoring activities have the potential to result in behavioral
harassment of marine mammals in the vicinity of the project area. The
notice of the proposed IHA (90 FR 1084, January 7, 2025) included a
discussion of the effects of anthropogenic noise on marine mammals and
the potential effects of underwater noise from Hoonah's construction
activity on marine mammals and their habitat. That information and
analysis is referenced in this final IHA determination and is not
repeated here; please refer to the notice of the proposed IHA (90 FR
1084, January 7, 2025).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized through the IHA, which will inform NMFS' consideration of
``small numbers,'' 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,
[[Page 12134]]
nursing, breeding, feeding, or sheltering (Level B harassment).
Authorized takes will primarily be by Level B harassment as use of
the acoustic sources (i.e., pile driving and tension anchoring) has the
potential to result in disruption of behavioral patterns for individual
marine mammals. There is also some potential for auditory injury (Level
A harassment) to result, primarily for very high frequency species and
phocids because predicted auditory injury zones are larger than for
high-frequency species and otariids. 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 likely be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area or volume of water that will be ensonified above these levels in a
day; (3) the density or occurrence of marine mammals within these
ensonified areas; and, (4) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the authorized take estimates.
Acoustic Criteria
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 auditory injury of some degree (equated
to Level A harassment). We note that the criteria for auditory injury,
as well as the names of two hearing groups, have been recently updated
(NMFS 2024a) as reflected below in the Level A Harassment section.
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 communication, predators, prey) may
result in changes in behavior patterns that would not otherwise occur.
Hoonah's planned activity includes the use of continuous (vibratory
pile driving, tension anchoring) and impulsive (impact pile driving,
tension anchoring) sources, and therefore the RMS SPL thresholds of 120
and 160 dB re 1 [mu]Pa are applicable. Tension anchoring has both
continuous and intermittent components. When evaluating Level B
harassment, NMFS recommends treating tension anchoring as a continuous
source and applying the RMS SPL thresholds of 120 dB re 1 [mu]Pa.
Level A Harassment--NMFS' Updated Technical Guidance for Assessing
the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version
3.0) (Updated Technical Guidance, 2024) identifies dual criteria to
assess auditory injury (Level A harassment) to five different
underwater marine mammal groups (based on hearing sensitivity) as a
result of exposure to noise from two different types of sources
(impulsive or non-impulsive). Hoonah's planned activity includes the
use of impulsive (impact pile driving, tension anchoring) and non-
impulsive (vibratory pile driving, tension anchoring) sources. Tension
anchoring includes both impulsive and non-impulsive characteristics.
When evaluating Level A harassment, NMFS recommends treating tension
anchoring as an impulsive source.
The 2024 Updated Technical Guidance criteria include both updated
thresholds and updated weighting functions for each hearing group. The
thresholds are provided in the table below. The references, analysis,
and methodology used in the development of the criteria are described
in NMFS' 2024 Updated Technical Guidance, which may be accessed at:
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools.
Table 3--Thresholds Identifying the Onset of Auditory Injury
----------------------------------------------------------------------------------------------------------------
Auditory injury onset acoustic thresholds * (received level)
Hearing group -------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.......... Cell 1: Lp,0-pk,flat: 222 Cell 2: LE,LF,24h: 197 dB.
dB; LE,LF,24h: 183 dB.
High-Frequency (HF) Cetaceans......... Cell 3: Lp,0-pk,flat: 230 Cell 4: LE,,HF,24h: 201 dB.
dB; LE,HF,24h: 193 dB.
Very High-Frequency (VHF) Cetaceans... Cell 5: Lpk,0-pk,flat: Cell 6: LE,p,VHF,24h: 181 dB.
202 dB; LE,p,VHF,24h:
159 dB.
Phocid Pinnipeds (PW) (Underwater).... Cell 7: Lp,0-pk,flat: 223 Cell 8: LE,p,OW,24h: 195 dB.
dB; LE,PW,24h: 185 dB.
[[Page 12135]]
Otariid Pinnipeds (OW) (Underwater)... Cell 9: Lp,0-pk,flat: 230 Cell 10: LE,p,OW,24h: 199 dB.
dB; LE,p,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric criteria for impulsive sounds: Use whichever criteria results in the larger isopleth for
calculating AUD INJ onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure
level criteria associated with impulsive sounds, the PK SPL criteria are recommended for consideration for non-
impulsive sources.
Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 [micro]Pa (underwater) and 20 [micro]Pa (in
air), and weighted cumulative sound exposure level (LE,p) has a reference value of 1 [micro]Pa\2\s
(underwater) and 20 [micro]Pa\2\s (in air). In this table, criteria are abbreviated to be more reflective of
International Organization for Standardization standards (ISO 2017; ISO 2020). The subscript ``flat'' is being
included to indicate peak sound pressure are flat weighted or unweighted within the generalized hearing range
of marine mammals underwater (i.e., 7 Hz to 165 kHz) or in air (i.e., 42 Hz to 52 kHz). The subscript
associated with cumulative sound exposure level criteria indicates the designated marine mammal auditory
weighting function (LF, HF, and VHF cetaceans, and PW, OW, PA, and OA pinnipeds) and that the recommended
accumulation period is 24 hours. The weighted cumulative sound exposure level criteria 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 criteria will be exceeded.
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.
Vessel traffic and other commercial and industrial activities in the
project area may contribute to elevated background noise levels which
may mask sounds produced by the project. Marine mammals are expected to
be affected via sound generated by the primary components of the
project (i.e., vibratory pile driving and removal, impact pile driving,
and tension anchoring).
Transmission loss (TL) is the decrease in acoustic intensity as an
acoustic pressure wave propagates out from a source. TL parameters vary
with frequency, temperature, sea conditions, current, source and
receiver depth, water depth, water chemistry, and bottom composition
and topography. The general formula for underwater TL is:
TL = B * Log10 (R1/R2),
where
TL = transmission loss in dB
B = transmission loss coefficient
R1 = the distance of the modeled SPL from the driven
pile, and
R2 = the distance from the driven pile of the initial
measurement.
This formula neglects loss due to scattering and absorption, which
is assumed to be zero here. The degree to which underwater sound
propagates away from a sound source is dependent on a variety of
factors, most notably the water bathymetry and presence or absence of
reflective or absorptive conditions including in-water structures and
sediments. Spherical spreading occurs in a perfectly unobstructed
(free-field) environment not limited by depth or water surface,
resulting in a 6-dB reduction in sound level for each doubling of
distance from the source (20*log[range]). Cylindrical spreading occurs
in an environment in which sound propagation is bounded by the water
surface and sea bottom, resulting in a reduction of 3 dB in sound level
for each doubling of distance from the source (10*log[range]). A
practical spreading value of 15 is often used under conditions, such as
the project site, where water increases with depth as the receiver
moves away from the shoreline, resulting in an expected propagation
environment that would lie between spherical and cylindrical spreading
loss conditions. Practical spreading loss is assumed here.
The intensity of pile driving sounds is greatly influenced by
factors such as the type of piles, hammers, and the physical
environment in which the activity takes place. In order to calculate
the distances to the Level A harassment and the Level B harassment
sound thresholds for the methods and piles being used in this project,
the applicant and NMFS used acoustic monitoring data from other
locations to develop proxy source levels for the various pile types,
sizes and methods. The project includes vibratory, and impact pile
installation of steel pipe piles and vibratory removal of steel pipe
piles, steel fender piles, steel sheet piles, steel H-piles, steel wye
piles, steel X piles, and steel batter piles and tension anchoring
drilling. Source levels for each pile size and driving method are
presented in table 4.
NMFS recommends treating DTH systems as both impulsive and
continuous, non-impulsive sound source types simultaneously. Thus,
impulsive thresholds are used to evaluate Level A harassment, and
continuous thresholds are used to evaluate Level B harassment. NMFS
(2022) outlines its recommended source levels for DTH systems. NMFS has
applied that guidance in this analysis (see table 4 for NMFS' accepted
source levels).
Table 4--Proxy Sound Source Levels at 10 m for Pile Sizes and Driving Methods
----------------------------------------------------------------------------------------------------------------
RMS SPL (re 1 SEL (re 1 Peak SPL (re 1
Pile type [mu]Pa) [mu]Pa\2\-sec) [mu]Pa) Source
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving
----------------------------------------------------------------------------------------------------------------
Temporary 24-in steel pipe piles... 162 NA NA PR1 2023 calculations
20-in steel fender piles........... ................ ................ ................ (cited in NMFS
2023).
Steel sheet piles.................. 160 Caltrans 2015 (cited
in NMFS 2023).
16-in steel fender piles........... 155 PR1 2023 calculations
(cited in NMFS
2023).
H-piles............................ 150 PR1 2023 calculations
(cited in NMFS
2023).
Wye piles.......................... NMFS 2024.
[[Page 12136]]
X piles............................
36-in steel pile................... 166 PR1 2023 calculations
(cited in NMFS
2023).
----------------------------------------------------------------------------------------------------------------
Impact Pile Driving
----------------------------------------------------------------------------------------------------------------
20-in steel fender piles........... 190 177 203 Caltrans 2015 (cited
in NMFS 2023).
Steel sheet piles.................. 190 180 205 Caltrans 2015 (cited
in NMFS 2023).
16-in steel fender piles........... 185 175 200 Caltrans 2020 (cited
in NMFS 2023).
H-piles............................ 183 170 210 Caltrans 2015 (cited
in NMFS 2023).
Wye piles..........................
X piles............................
36-in steel pile................... 193 183 210 Caltrans 2015 & 2020
(cited in NMFS
2023).
----------------------------------------------------------------------------------------------------------------
Tension Anchoring
----------------------------------------------------------------------------------------------------------------
6-8 in anchor hole................. 156 144 170 NMFS 2022.
----------------------------------------------------------------------------------------------------------------
All Level B harassment isopleths are reported in table 5 below. The
maximum (underwater) area ensonified above the thresholds for
behavioral harassment is 43 square kilometers (km\2\; 16.6 square miles
(mi\2\)). However, that zone will be truncated by land masses that will
obstruct underwater sound transmission and will be limited to Port
Fredrick (see figure 4 in Trident's application).
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 Updated 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 auditory injury. Inputs used in the optional User Spreadsheet
tool, and the resulting estimated isopleths, are reported below.
Table 5--NMFS User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
Weighting Activity
Spreadsheet tab factor Transmission Number of duration Number of
Pile size and type used adjustment loss piles per per pile strikes
(kHz) coefficient day (minutes) per pile
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving
----------------------------------------------------------------------------------
Temporary 24-in steel pipe A.1 Vibratory 2.5 15 6 15 NA
piles. pile driving.
20-in steel fender piles..... 2.5 15 3 30 NA
Steel sheet piles............ 2.5 15 30 15 NA
16-in steel fender piles..... 2.5 15 2 30 NA
H-piles...................... 2.5 15 2 30 NA
Wye piles.................... 2.5 15 3 30 NA
X piles...................... 2.5 15 1 30 NA
36-in steel pipe pile........ 2.5 15 2 60 NA
36-in steel batter pile...... 2.5 15 2 60 NA
----------------------------------------------------------------------------------
Impact Pile Driving
----------------------------------------------------------------------------------
20-in steel fender piles..... E.1. Impact pile 2 15 3 30 600
driving.
Steel sheet piles............ 2 15 15 30 200
16-in steel fender piles..... 2 15 2 30 600
H-piles...................... 2 15 2 30 600
Wye piles.................... 2 15 2 30 200
X piles...................... 2 15 1 30 200
36-in steel pipe pile........ 2 15 2 60 1,200
36-in steel batter pile...... 2 15 4 60 1,200
----------------------------------------------------------------------------------
Tension Anchoring
----------------------------------------------------------------------------------
6-8 in anchor hole........... E.2 DTH pile 2 15 2 60 108,000
driving.
----------------------------------------------------------------------------------------------------------------
[[Page 12137]]
Table 6--Calculated Level A and Level B Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
Level A harassment zone (m)
----------------------------------------------------------------- Level B
Activity LF- HF- VHF- harassment
cetaceans cetaceans cetaceans Phocids Otariids zone (m)
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving
-----------------------------------------------------------------------------
Temporary 24-in steel pipe piles.. 16.4 6.3 13.4 21.1 7.1 7,356.4
20-in steel fender piles.......... ........... ........... ........... ........... ........... ...........
Steel sheet piles................. 30.3 11.6 24.8 39.0 13.1 4,641.6
16-in steel fender piles.......... 3.7 1.4 3.0 4.7 1.6 2,154.4
H-piles........................... 1.7 0.7 1.4 2.2 0.7 1,000.0
Wye piles......................... ........... ........... ........... ........... ........... ...........
X piles........................... 1.1 0.4 0.9 1.4 0.5 ...........
36-in steel pipe pile............. 31.5 12.1 25.8 40.6 13.7 11,659.1
36-in steel batter pile........... ........... ........... ........... ........... ........... ...........
-----------------------------------------------------------------------------
Impact Pile Driving
-----------------------------------------------------------------------------
20-in steel fender piles.......... 586.1 74.8 907.1 520.7 194.1 1,000.0
Steel sheet piles................. 1,305.9 166.6 2,020.9 1,160.1 432.4 ...........
16-in steel fender piles.......... 329.1 42.0 509.2 292.3 109.0 462.2
H-piles........................... 152.7 19.5 236.4 135.7 50.6 341.5
Wye piles......................... 73.4 9.4 113.6 65.2 24.3 ...........
X piles........................... 46.3 5.9 71.6 41.1 15.3 ...........
36-in steel pipe pile............. 1,783.6 227.6 2,760.1 1,584.5 590.6 1,584.9
36-in steel batter pile........... 2,831.3 361.2 4,381.4 2,515.2 937.6 ...........
-----------------------------------------------------------------------------
Tension Anchoring
-----------------------------------------------------------------------------
6-8 in anchor hole................ 90.0 11.5 139.2 79.9 29.8 2,512.0
----------------------------------------------------------------------------------------------------------------
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.
Consultation with the Hoonah Harbormaster, applications and reports
from other nearby in water construction projects, and available
scientific literature are used to estimate the occurrence of marine
mammals in the action area. Daily occurrence probability of each marine
mammal species in the action area is based on historic data of
occurrence, seasonality, and group size in Port Frederick and Icy
Strait, and other nearby waters.
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur and is authorized. Tables for each species are
presented to show the calculation of take during the project. NMFS used
the following equations to estimate take.
Incidental take estimate (daily) = group size * groups per day * days
of pile driving activity (107 days)
Incidental take estimate (monthly) = group size * groups per month
(considered 30 days) * months of pile driving activity (107 days/30
days per month)
Minke Whale
There are a few sightings of minke whales every year, so they could
occur every month during the project. They typically occur in groups of
two to three individuals (NMFS 2023d). Up to one group of three minke
whales are expected to occur in the project area per month. Therefore,
using the monthly equation above, NMFS authorized11 takes by Level B
harassment of minke whales.
The largest Level A harassment zone for minke whales extends 2,831
m from the sound source (table 6). All construction work will be shut
down prior to a minke whale entering the Level A harassment zone
specific to the in-water activity underway at the time. In
consideration of the infrequent occurrence of minke whales in the
project area and shutdown requirements, no take by Level A harassment
of minke whales is anticipated or authorized.
Humpback Whale
There are multiple sightings of humpback whales every month, and
they could occur every day during the project. They typically occur in
groups of one to two individuals (Dahlheim et al., 2009). Up to one
group of two humpback whales are expected to occur in the project area
per day. Therefore, using the daily equation above, NMFS authorized 214
takes by Level B harassment of humpback whales. In the project area, it
is estimated that the majority of whales (98 percent) will be from the
Hawaii DPS and 2 percent will be from the Mexico DPS (Wade 2021; Muto
et al. 2022). Therefore, of the 214 takes by Level B harassment, NMFS
anticipates that 210 takes will be of individuals from the Hawaii DPS
and 4 takes of individuals from the Mexico DPS.
The largest Level A harassment zone for humpback whales extends
2,831 m from the sound source (table 6). All construction work will be
shut down prior to a humpback whale entering the Level A harassment
zone specific to the in-water activity underway at the time. In
consideration that humpback whales are most often seen in Icy Strait
and the mouth of Port Fredrick and shutdown requirements, no take by
Level A harassment is anticipated or authorized for humpback whales.
Killer Whale
There are multiple sightings of killer whales every year, and they
could occur every month during the project. They typically occur in
groups of one to five individuals (NMFS 2023e). Up to 4 groups of 5
killer whales (i.e., 20 killer whales total) are expected to occur in
the project area per month. Therefore, using the monthly equation given
above,
[[Page 12138]]
NMFS authorized 72 takes by Level B harassment of killer whales.
The largest Level A harassment zone for killer whales extends 361 m
from the sound source (table 6). All construction work will be shut
down prior to a killer whale entering the Level A harassment zone
specific to the in-water activity underway at the time. In
consideration of the small size of the Level A harassment zone and
shutdown requirements, no take by Level A harassment of killer whales
is anticipated or authorized.
Pacific White-Sided Dolphin
There are a few sightings of Pacific white-sided dolphins every
year, but there are no sightings from recent years. However, to avoid
underestimating potential impacts from the project, in estimating take,
NMFS assumes they could occur every other month (i.e., one group every
60 days) during the project. They occur in groups of 2 to 153
individuals, but are most commonly seen in groups of 23-26 individuals
(Dahlheim et al., 2009). NMFS anticipates that up to one group of 26
Pacific white-sided dolphins could occur in the project area every
other month. Using the monthly equation above suggests that there could
be 47 takes by Level B harassment of Pacific white-sided dolphins.
However, since these dolphins can occur in large groups, NMFS
authorized 153 takes by Level B harassment in case a larger pod is
observed.
The largest Level A harassment zone for Pacific white-sided
dolphins extends 361 m from the sound source (table 6). All
construction work will be shut down prior to a Pacific white-sided
dolphin entering the Level A harassment zone specific to the in-water
activity underway at the time. In consideration of the small size of
the Level A harassment zone, shutdown requirements, and infrequent
occurrence of Pacific white-sided dolphins, no take by Level A
harassment of Pacific white-sided dolphins is anticipated or
authorized.
Dall's Porpoise
There are multiple sightings of Dall's porpoises every year, and
they could occur every month during the project. They typically occur
in groups of two to five individuals (Dahlheim et al., 2009). NMFS
anticipates that up to 4 groups of 5 Dall's porpoises (i.e., 20 Dall's
porpoises total) could occur in the project area per month. Therefore,
using the monthly equation given above, NMFS authorized 72 takes by
Level B harassment of Dall's porpoises.
The largest Level A harassment zone for Dall's porpoises extends
4,381 m from the sound source (table 6) during impact pile driving.
Hoonah will be required to implement shutdowns during all pile driving
activities. However, during impact pile driving of the 20-in fender
piles, 16-in fender piles, sheet piles, and 36-in piles, the Level A
harassment zones for Dall's porpoise extend beyond the shutdown zones,
and NMFS anticipates that Level A harassment could occur. Hoonah
estimates, and NMFS concurs, that up to four groups of two Dall's
porpoises could occur in the Level A harassment zone for a duration
long enough to incur auditory injury during each month of impact pile
driving (42 days of pile driving). Using the monthly equation above,
NMFS authorized 12 takes by Level A harassment of Dall's porpoises.
Harbor Porpoise
There are multiple sightings of harbor porpoises every month, and
they could occur every day during the project. They typically occur in
groups of one to three individuals (Dahlheim et al., 2009). Up to one
group of three harbor porpoises are expected to occur in the project
area per day. Therefore, using the daily equation given above, NMFS
authorized 321 takes by Level B harassment of harbor porpoises.
The largest Level A harassment zone for harbor porpoises extends
4,381 m from the sound source (table 6) during impact pile driving.
Hoonah will be required to implement shutdowns during all pile driving
activities. However, during impact pile driving of the 20-in fender
piles, 16-in fender piles, sheet piles, and 36-in piles, the Level A
harassment zones for the harbor porpoise extend beyond the shutdown
zone, and NMFS anticipates that Level A harassment could occur. Hoonah
expects, and NMFS concurs, that up to one group of two harbor porpoises
could be present in the Level A harassment zone for each day of impact
pile driving (42 days of pile driving). Using the daily equation given
above, NMFS authorized 84 takes by Level A harassment of harbor
porpoises.
Harbor Seal
There are a multiple sightings of harbor seals every month, and
they could occur every day during the project. They typically occur in
groups of one to four individuals (Jefferson et al., 2019). Up to one
group of two harbor seals are expected to occur in the project area per
day. Therefore, using the daily equation given above, NMFS authorized
214 takes by Level B harassment of harbor seals. Additionally there is
a harbor seal haulout located 3 km (1.9 mi) from the project site where
harbor seals congregate in larger numbers. Hoonah estimated, and NMFS
concurs that up to 1 group of 20 harbor seals could be taken by Level B
harassment every month that the Level B harassment zone is larger than
2,000 m (43 days of pile driving). Therefore, using the monthly
equation given above, NMFS authorized an additional 29 takes by Level B
harassment of harbor seals. Cumulatively, NMFS authorized 243 takes by
Level B harassment of harbor seals.
The largest Level A harassment zone for harbor seals extends 2,515
m from the sound source (table 6) during impact pile driving. Hoonah
will be required to implement shutdowns during all pile driving
activities. However, during impact pile driving of the 20-in fender
piles, 16-in fender piles, sheet piles, and 36-in piles, the Level A
harassment zones for the harbor seal extend beyond the shutdown zone,
and NMFS anticipates that Level A harassment could occur. Hoonah
expects, and NMFS concurs, that up to one harbor seal could be present
in the Level A harassment zone for each day of impact pile driving (42
days of pile driving). Using the equation given above, NMFS authorized
42 takes by Level A harassment of harbor seals.
Steller Sea Lion
There are a multiple sightings of Steller sea lions every month,
and they could occur every day during the project. They typically occur
in groups of one to four individuals (NMFS 2023f). Up to one group of
four Steller sea lions is expected to occur in the project area per
day. Therefore, using the daily equation given above, NMFS authorized
428 takes by Level B harassment of Steller sea lions. Both the Eastern
DPS and Western DPS of Steller sea lions occur in the project area.
NMFS estimates that the majority of Steller sea lions in the project
area (99.6 percent) will be from the Eastern DPS and 1.4 percent will
be from the Western DPS (Hastings et al., 2020). Therefore, of the 428
total takes by Level B harassment, NMFS anticipates that 422 takes will
be of individuals from the Eastern DPS and 6 takes of individuals from
the Western DPS.
The largest Level A harassment zone for Steller sea lions extends
938 m from the sound source (table 6). All construction work will be
shut down prior to a Steller sea lion entering the Level A harassment
zone specific to the in-water activity underway at the time. In
consideration of the shutdown requirements, no take by Level A
[[Page 12139]]
harassment is anticipated or authorized for Steller sea lions.
Table 7--Authorized Take by Level A and Level B Harassment, by Species and Stock
----------------------------------------------------------------------------------------------------------------
Authorized
Stock Total take as
Common name Stock abundance Level A Level B authorized percentage
\1\ harassment harassment take of stock
\2\
----------------------------------------------------------------------------------------------------------------
Minke whale.................. Alaska.......... UND 0 11 11 \3\ UND
Humpback whale............... Hawaii DPS...... 11,278 0 214 214 1.9
Mexico DPS...... 3,477 6.1
Killer whale................. Eastern North 1,920 0 72 72 3.8
Pacific Alaska 349 20.6
Resident. 302 23.8
West Coast
Transient.
Eastern North
Pacific
Northern
Resident.
Pacific white-sided dolphin.. North Pacific... 26,880 0 153 153 0.6
Dall's porpoise.............. Alaska.......... UND 12 72 83 \4\ UND
Harbor porpoise.............. Northern 1,619 84 321 403 24.9
Southeast
Alaska Inland
Waters.
Harbor seal.................. Glacier Bay/Icy 7,455 42 243 298 4.0
Strait.
Steller sea lion............. Western DPS..... 49,837 0 428 428 0.9
Eastern DPS..... 36,308 1.2
----------------------------------------------------------------------------------------------------------------
\1\ Stock size is Nbest according to NMFS 2023 Draft SARs, unless otherwise noted.
\2\ Percent of stock reflects the combined total of take by Level B and Level A harassment (if requested). If a
species has multiple stocks, NMFS conservatively assumes that all takes occur to each stock.
\3\ The Alaska SAR does not have an estimated population size for the Alaska stock of minke whales due to only a
portion of the stock's range being surveyed and such few whales seen during stock abundance surveys.
\4\ NMFS does not have an official abundance estimate for this stock, and the minimum population estimate is
considered to be unknown (Young et al., 2023). See Small Numbers for additional discussion.
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, and impact on
operations.
The mitigation measures described in the following paragraphs will
apply to Hoonah's in-water construction activities.
Shutdown Zones and Monitoring
Hoonah must establish shutdown zones for all pile driving
activities. 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 animal (or in anticipation of an animal entering the defined
area). Shutdown zones vary based on the activity type and duration and
marine mammal hearing group, as shown in table 8. A minimum shutdown
zone of 10 m will be required for all in-water construction activities
to avoid physical interaction with marine mammals. Marine mammal
monitoring will be conducted during all pile driving activities to
ensure that shutdowns occur, as required. Shutdown zones for each
activity type are shown in table 8.
Prior to pile driving, shutdown zones will be established as
indicated in table 8. Observers will survey the shutdown zones for at
least 30 minutes before pile driving activities start. If marine
mammals are observed within the shutdown zone, pile driving and tension
anchoring will be delayed until the animal has moved out of the
shutdown zone, either verified by an observer or by waiting until 15
minutes has elapsed without a sighting of small cetaceans, delphinids,
and pinnipeds; or 30 minutes has elapsed without a sighting of a large
cetacean. If a marine mammal approaches or enters the shutdown zone
during pile driving or tension anchoring, the activity will be halted.
If a species for which authorization has not been granted, or a species
which has been granted but the authorized takes are met, is observed
approaching or within the Level B harassment zone during pile driving
or tension anchoring, the activity will be halted. Pile driving may
resume after the animal has moved out of and is moving away from the
shutdown zone (or Level B harassment zone for which authorization has
not been granted, or a species which has been granted but the
authorized takes are met) or after at least 15 minutes has passed since
the last observation of the animal.
All marine mammals will be monitored in the Level B harassment
[[Page 12140]]
zones and throughout the area as far as visual monitoring can take
place. If a marine mammal enters the Level B harassment zone, in-water
activities will continue and protected species observers (PSOs) will
document the animal's presence within the estimated harassment zone.
Table 8--Shutdown and Level B Harassment Zones by Activity
----------------------------------------------------------------------------------------------------------------
Minimum shutdown zone (m)
----------------------------------------------------------------- Level B
Activity LF- HF- VHF- harassment
cetaceans cetaceans cetaceans Phocids Otariids zone (m)
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving
-----------------------------------------------------------------------------
Temporary 24-in steel pipe piles.. 20 10 15 25 10 7,360
20-in steel fender piles.......... ........... ........... ........... ........... ........... ...........
Steel sheet piles................. 35 15 25 40 15 4,645
16-in steel fender piles.......... 10 10 10 10 10 2,155
H-piles........................... 10 10 10 10 10 1,000
Wye piles......................... ........... ........... ........... ........... ........... ...........
X piles........................... ........... ........... ........... ........... ........... ...........
36-in steel pipe pile............. 35 15 30 45 15 11,660
36-in steel batter pile...........
-----------------------------------------------------------------------------
Impact Pile Driving
-----------------------------------------------------------------------------
20-in steel fender piles.......... 590 75 200 200 195 1,000
Steel sheet piles................. 1,310 170 200 200 435 ...........
16-in steel fender piles.......... 330 42 200 200 110 465
H-piles........................... 155 20 200 140 55 345
Wye piles......................... 75 10 115 70 25 ...........
X piles........................... 50 10 75 45 20 ...........
36-in steel pipe pile............. 1,785 230 200 200 595 1,5890
36-in steel batter pile........... 2,835 365 200 200 940 ...........
-----------------------------------------------------------------------------
Tension Anchoring
-----------------------------------------------------------------------------
6-8 in anchor hole................ 90 15 140 80 30 2,515
----------------------------------------------------------------------------------------------------------------
Protected Species Observers
The placement of PSOs during all pile driving activities (described
in the Monitoring and Reporting section) will ensure that the entire
shutdown zone is visible. Should environmental conditions deteriorate
such that the entire shutdown zone would not be visible (e.g., fog,
heavy rain), pile driving would be delayed until the PSO is confident
marine mammals within the shutdown zone could be detected.
PSOs will monitor the full shutdown zones and as much of the Level
B harassment zones as possible. Monitoring 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.
Pre- and Post-Activity Monitoring
Monitoring must take place from 30 minutes prior to initiation of
pile driving activities (i.e., pre-clearance monitoring) through 30
minutes post-completion of pile driving. Prior to the start of daily
in-water construction activity, or whenever a break in pile driving of
30 minutes or longer occurs, PSOs must observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone will be
considered cleared when a marine mammal has not been observed within
the zone for a 30-minute period. If a marine mammal is observed within
the shutdown zones, pile driving activity will be delayed or halted. If
work ceases for more than 30 minutes, the pre-activity monitoring of
the shutdown zones will commence. A determination that the shutdown
zone is clear must be made during a period of good visibility (i.e.,
the entire shutdown zone and surrounding waters must be visible to the
naked eye).
Soft Start
Soft-start procedures provide additional protection to marine
mammals by providing warning and/or giving marine mammals a chance to
leave the area prior to the impact hammer operating at full capacity.
Hoonah must implement soft start techniques when impact pile driving.
Soft start requires contractors to conduct an initial set of three
strikes at reduced energy, followed by a 30-second waiting period, then
two subsequent three-strike sets before initiating continuous driving.
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.
Based on our evaluation of the applicant's planned measures, NMFS
has determined that the mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth 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.
[[Page 12141]]
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
Visual Monitoring
Marine mammal monitoring must be conducted in accordance with the
Marine Mammal Monitoring and Mitigation Plan and section 5 of the IHA.
Hoonah's draft Marine Mammal Monitoring and Mitigation Plan is Appendix
D of the IHA application. Prior to the beginning of construction,
Hoonah will submit a revised Marine Mammal Mitigation and Monitoring
Plan containing additional details of monitoring locations and
methodology for NMFS concurrence.
Marine mammal monitoring during pile driving and removal 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 education (degree in biological
science or related field) or training for prior experience performing
the duties of a PSO during construction activity pursuant to a NMFS-
issued incidental take authorization. PSOs may also substitute Alaska
native traditional knowledge for experience;
Where a team of three or more PSOs is required, a lead
observer or monitoring coordinator must be designated. The lead
observer must have prior experience performing the duties of a PSO
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 have the following additional qualifications:
Ability to conduct field observations and collect data
according to assigned protocols;
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior; and
Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
Between one and three PSOs will be on duty depending on the size of
the Level B harassment zone. PSOs will establish monitoring locations
as described in the Marine Mammal Mitigation and Monitoring Plan.
Monitoring locations will be selected by the Contractor during pre-
construction. PSOs will monitor for marine mammals entering the Level B
harassment zones; the position(s) may vary based on construction
activity and location of piles or equipment.
Monitoring will be conducted 30 minutes before, during, and 30
minutes after pile driving/removal activities. In addition, observers
shall record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being driven or removed. Pile driving/
removal 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.
Data Collection
PSOs must use approved data forms to record the following
information:
Dates and times (beginning and end) of all marine mammal
monitoring; and
PSO locations during marine mammal monitoring.
Construction activities occurring during each daily
observation period, including how many and what type of piles were
driven or removed and by what method (i.e., vibratory, impact, or
tension anchoring).
Weather parameters and water conditions;
The number of marine mammals observed, by species,
relative to the pile location and if pile driving or removal was
occurring at time of sighting;
Distance and bearings of each marine mammal observed to
the pile being driven or removed;
Description of marine mammal behavior patterns, including
direction of travel;
Age and sex class, if possible, of all marine mammals
observed; and
Detailed information about implementation of any
mitigation triggered (such as shutdowns and delays), a description of
specific actions that ensued, and resulting behavior of the animal if
any.
Reporting
A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of monitoring or 60 calendar days
prior to the requested issuance of any subsequent IHA for construction
activity at the same location, whichever comes first. It would include
an overall description of work completed, a narrative regarding marine
mammal sightings, and associated PSO data sheets. Specifically, the
report must include:
Dates and times (begin and end) of all marine mammal
monitoring;
Construction activities occurring during each daily
observation period, including the number and type of piles driven or
removed and by what method (i.e., impact, vibratory, tension
anchoring). The total duration of driving time must be recorded for
each pile during vibratory driving and, number or strikes for each pile
during impact driving, and the duration of operation of drilling and
components for tension anchoring;
[[Page 12142]]
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 bearing of each marine mammal observed relative to the
pile being driven for each sighting (if pile driving was occurring at
time of 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 any implementation of any
mitigation triggered (e.g., shutdowns and delays), a description of
specific actions that ensued, and resulting changes in behavior of the
animal(s), if any.
If no comments are received from NMFS within 30 days, the draft
final report will constitute the final report. If comments are
received, a final report addressing NMFS comments must be submitted
within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals
In the event that personnel involved in the construction activities
discover an injured or dead marine mammal, Hoonah shall report the
incident to the Office of Protected Resources (OPR), NMFS and to the
Alaska regional stranding network as soon as feasible. If the death or
injury was clearly caused by the specified activity, Hoonah must
immediately cease the specified activities until NMFS is able to review
the circumstances of the incident and determine what, if any,
additional measures are appropriate to ensure compliance with the terms
of the IHA. The IHA-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).
To avoid repetition, the majority of our analysis applies to all
the species listed in table 1, given that many of the anticipated
effects of this project on different marine mammal stocks are expected
to be relatively similar in nature. Where there are meaningful
differences between species or stocks, or groups of species, in
anticipated individual responses to activities, impact of expected take
on the population due to differences in population status, or impacts
on habitat, they are described independently in the analysis below.
Pile driving and tension anchoring activities have the potential to
disturb or displace marine mammals. Specifically, the project
activities may result in take, in the form of Level A harassment
(Dall's porpoise, harbor porpoise, and harbor seal) and Level B
harassment from underwater sounds generated from pile driving and
removal and tension anchoring. Potential takes could occur if
individuals are present in the ensonified zone when these activities
are underway.
The takes by Level B harassment would be due to potential
behavioral disturbance and TTS. Takes by Level A harassment would be
due to auditory injury. No mortality or serious injury is anticipated
given the nature of the activity, even in the absence of the required
mitigation. The potential for harassment is minimized through the
construction method and the implementation of the mitigation measures
(see Mitigation section).
Take will occur within a limited, confined area (Port Fredrick) of
the stocks' ranges. The intensity and duration of take by Level A
harassment and Level B harassment will be minimized through use of
mitigation measures described herein. Further, the amount of take
authorized is extremely small when compared to stock abundance, and the
project is not anticipated to impact any known important habitat areas
for any marine mammal species with the exception of a known
biologically important area for humpback whales, discussed below.
Take by Level A harassment is authorized to account for the
potential that an animal could enter and remain within the area between
a Level A harassment zone and the shutdown zone for a duration long
enough to be taken by Level A harassment. Any take by Level A
harassment is expected to arise from, at most, a small degree of
auditory injury because 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 auditory injury.
[[Page 12143]]
Additionally, and as noted previously, some subset of the individuals
that are behaviorally harassed could also simultaneously incur some
small degree of TTS for a short duration of time. Because of the small
degree anticipated, though, any auditory injury or TTS potentially
incurred here would not be expected to adversely impact individual
fitness, let alone annual rates of recruitment or survival.
Behavioral responses of marine mammals to pile driving at the
project site, if any, are expected to be mild and temporary. Marine
mammals within the Level B harassment zone may not show any visual cues
they are disturbed by activities or could become alert, avoid the area,
leave the area, or display other mild responses that are not observable
such as changes in vocalization patterns. Given the limited number of
piles to be installed or extracted per day and that pile driving and
removal will occur across a maximum of 107 days within the 12-month
authorization period, any harassment would be temporary.
Any impacts on marine mammal prey that would occur during Hoonah's
planned activity would have, at most, short-term effects on foraging of
individual marine mammals, and likely no effect on the populations of
marine mammals as a whole. Indirect effects on marine mammal prey
during the construction are expected to be minor, and these effects are
unlikely to cause substantial effects on marine mammals at the
individual level, with no expected effect on annual rates of
recruitment or survival.
In addition, it is unlikely that elevated noise in a small,
localized area of habitat would have any effect on the stocks' annual
rates of recruitment or survival. 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 will have only minor, short-term effects on individuals. The
specified activities are not expected to impact rates of recruitment or
survival, and will therefore not result in population-level impacts.
The waters of Glacier Bay and Icy Strait are part of the Alaska
humpback whale feeding Biologically Important Area (BIA) (Wild et al.,
2023). However, underwater sound will be constrained to Port Fredrick
and will be truncated by land masses in the inlet. The area of the BIA
that may be affected by the planned project is small relative to the
overall area of the BIA. The humpback whale feeding BIA is active
between May and October while the planned project is scheduled to occur
between September and January, resulting in only 2 months of overlap.
Additionally, pile driving associated with the project is expected to
take only 107 days, further reducing the temporal overlap with the BIA.
Therefore, the planned project is not expected to have significant
adverse effects on the foraging of Alaska humpback whale.
There are two known harbor seal haulouts within Port Fredrick. One
of the haulouts (CE79A) is located approximately 10 km (6.25 mi) from
the project site and is outside of the ensonfied zone for this action.
The other (CF39A) is located approximately 3 km (2 mi) from the project
site and will be ensonified during some vibratory and impact pile
driving activities. Neither of these haulouts are listed as a ``key
haulout,'' or a haulout with 50 or more individuals present at the time
of survey (AFSC 2024). Given that these are not considered key
haulouts, and the maximum of 43 days that the ensonified zone will
extend over 2 km, the planned project is not expected to have
significant adverse effects on harbor seal haulout sites. No areas of
specific biological importance (e.g., ESA critical habitat, other BIAs,
or other areas) for any other species are known to co-occur with the
project area.
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;
For all species except Dall's porpoises, harbor porpoises,
and harbor seals, no Level A harassment is anticipated or authorized
for this action;
The intensity of anticipated takes by Level B harassment
is relatively low for all stocks and would not be of a duration or
intensity expected to result in impacts on reproduction or survival;
The lack of anticipated significant or long-term negative
effects to marine mammal habitat;
With the exception of the humpback whale BIA described
above, no areas of specific biological importance (e.g., ESA critical
habitat, other BIAs, or other areas) for any other species are known to
co-occur with the project area; and
Hoonah will implement mitigation measures, such as soft-
starts for impact pile driving and shutdowns 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 auditory
injury.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS 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.
For all stocks, except for the Alaska stock of minke whales and the
Alaska stock of Dall's porpoises, whose abundance estimate is unknown,
the authorized number of takes is less than one-third of the best
available population abundance estimate (table 7). The numbers of
animals authorized to be taken from these stocks is considered small
relative to the relevant stocks' abundances, even if each estimated
taking occurred to a new individual--an extremely unlikely scenario.
Current abundance estimates of Dall's porpoises in the region are
not available. the most recent estimate (83,400 individuals) does not
include coastal or inland waters of southeast Alaska and is considered
unreliable since it is based upon data collected more than 8 years ago
(Young et al., 2023). However, given the size of the most recent
estimate, the 83 takes of this stock that is authorized clearly
represents small numbers of this stock.
There is no current or historical estimate of the Alaska minke
whale stock, but there are known to be over 1,000 minke whales in the
Gulf of Alaska (Muto et al. 2018), so the 11
[[Page 12144]]
takes authorized is small relative to estimated survey abundance, even
if each take occurred to a new individual. Additionally, the range of
the Alaska stock of minke whales is extensive, stretching from the
Canadian Pacific coast to the Chukchi Sea, and Hoonah's planned project
area will impact a small portion of this range.
Based on the analysis contained herein of the planned activity
(including the 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.
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 50
CFR 216.103 as an impact resulting from the specified activity: (1)
That 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) That
cannot be sufficiently mitigated by other measures to increase the
availability of marine mammals to allow subsistence needs to be met.
Alaska Natives have traditionally harvested subsistence resources,
including marine mammals, in the Glacier Bay and Icy Strait for a
millennia. Present day Hoonah is the principle village of the Huna
Tribe, and according to Ian Johnson, Hoonah Indian Association's
Environmental Coordinator, no known marine mammal harvest takes place
in the immediate HMIC area (Johnson 2024). Limited subsistence harvests
of marine mammals within Port Fredrick has occurred in the past, with
the most recent recorded/documented harvests of marine mammals in
Hoonah in 2012. The planned activity will take place in Port Fredrick,
and no activities overlap with current subsistence hunting areas;
therefore, there are no relevant subsistence uses of marine mammals
adversely impacted by this action. 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 to impact
subsistence harvest of marine mammals in the region.
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 mitigation and monitoring
measures, NMFS has determined that there will not be an unmitigable
adverse impact on subsistence uses from Hoonah's planned activities.
Endangered Species Act
There are two marine mammal species (Mexico DPS humpback whale and
western DPS Steller sea lion) with confirmed occurrence in the project
area that are listed as endangered under the ESA. The NMFS Alaska
Regional Office issued a Biological Opinion on February 20, 2025 under
section 7 of the ESA, on the issuance of an IHA to Hoonah under section
101(a)(5)(D) of the MMPA by the NMFS Office of Protected Resources. The
Biological Opinion concluded that the planned action is not likely to
jeopardize the continued existence of Mexico DPS humpback whales or
western DPS Steller sea lions, and is not likely to destroy or
adversely modify Mexico DPS humpback whale and western DPS Steller sea
lion critical habitat.
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 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 216-6A, which do not
individually or cumulatively have the potential for significant impacts
on the quality of the human environment and for which we have not
identified any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of this IHA qualifies to be categorically excluded from
further NEPA review.
Authorization
NMFS has issued an IHA to Hoonah for the potential harassment of
small numbers of eight marine mammal species incidental to the Hoonah
Cargo Dock Project in Hoonah, Alaska, that includes the previously
explained mitigation, monitoring, and reporting requirements.
Dated: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-04071 Filed 3-13-25; 8:45 am]
BILLING CODE 3510-22-P
