80 FR 28582 - Taking of Marine Mammals Incidental to Specified Activities; Anacortes Tie-Up Slips Dolphin and Wingwall Replacement
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 96 (May 19, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 96 (May 19, 2015)
| Page Range | 28582-28588 | |
| FR Document | 2015-12097 |
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)] [Notices] [Pages 28582-28588] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12097] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD741 Taking of Marine Mammals Incidental to Specified Activities; Anacortes Tie-Up Slips Dolphin and Wingwall Replacement AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization. ----------------------------------------------------------------------- SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Washington State Department of Transportation (WSDOT) to take, by harassment, small numbers of 11 species of marine mammals incidental to construction activities for a tie-up slips dolphin and wingwall replacement project in Anacortes, Washington State, between September 1, 2015, and August 31, 2016. DATES: Effective September 1, 2015, through August 31, 2016. ADDRESSES: Requests for information on the incidental take authorization should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the application containing a list of the references used in this document, NMFS' Environmental Assessment (EA), Finding of No Significant Impact (FONSI), and the IHA may be obtained by writing to the address specified above or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 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 issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 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.'' Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Summary of Request On April 1, 2014, WSDOT submitted a request to NOAA requesting an IHA for the possible harassment of small numbers of 11 marine mammal species incidental to construction associated with the Anacortes Tie-up Slips Dolphin and Wingwall Replacement in the city of Anacortes, on Fidalgo Island, adjacent to Guemes Channel, Skagit County, Washington, between September 1, 2015, and February 15, 2016. NMFS determined that the IHA application was complete on July 1, 2014. Description of the Specified Activity A detailed description of the WSDOT's Anacortes tie-up slips dolphin and wingwall project is provided in the Federal Register notice for the proposed IHA (80 FR 11648; March 4, 2015). Since that time, no changes have been made to the proposed construction activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity. Comments and Responses A notice of NMFS' proposal to issue an IHA to WSDOT was published in the Federal Register on March 4, 2015. That notice described, in detail, WSDOT's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received comments from the Marine Mammal Commission (Commission). Specific comments and responses are provided below. Comment 1: The Commission notes that the construction would be conducted in December and January, however, WSDOT's ambient noise measurements were conducted in March and showed that median ambient noise level at the proposed construction area is 123 dB re 1 [micro]Pa. The Commission states that the ambient noise levels would be lower in winter (December and January) than those were collected in March when vessel traffic is greater. Therefore, the Commission recommends that NMFS either (1) require WSDOT to measure ambient sound levels during winter and adjust the Level B harassment zones accordingly or (2) base the Level B harassment zones on the 120-dB re 1 [micro]Pa threshold and adjust [[Page 28583]] the zones to ensure adequate protection for southern resident killer whales. Response: NMFS worked with WSDOT and its acoustic consultant regarding the ambient noise levels in the vicinity of the construction area. In general, doubling the number of boats would only increase the background sound levels by about 3 decibels so adding or subtracting one boat will not have a substantial effect on the overall background sound levels. The ferry vessels dominate the sound levels in the areas around the terminals where WSDOT's measurement was collected. It is only expected a slight increase in sound levels in the summer months due to more recreational boats in the area. Both NMFS and WSDOT's acoustic consultant considers that sound levels between about September to May should be consistent from month to month and representative of the work period. Nevertheless, WSDOT agreed that modeled 120 dB isopleths to be used as the threshold for Level B takes for vibratory pile driving and pile removal activities and submitted a updated monitoring plan to encompass this larger zone of influence (ZOI). The updated monitoring measures are discussed in details below in the ``Mitigation Measure'' and ``Monitoring and Reporting'' sections. In addition, WSDOT is considering getting new winter background data prior to the start of the project. If the measurement shows smaller ZOI, WSDOT will inform NMFS with another revised monitoring plan that reflects the updated ZOI based on onsite measurements. The revised ZOI does not change the number of marine mammals takes, because all animals within the general vicinity of the project are being considered for potential takes. Description of Marine Mammals in the Area of the Specified Activity The marine mammal species under NMFS jurisdiction most likely to occur in the proposed construction area include Pacific harbor seal (Phoca vitulina richardsi), northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), killer whale (Orcinus orca) (transient and Southern Resident stocks), gray whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera acutorostrata), harbor porpoise (Phocoena phocoena), Dall's porpoise (P. dali), and Pacific white-sided dolphin (Lagenorhynchus obliquidens). A list of the species and their status are provided in Table 1. Table 1--Marine Mammal Species Potentially Present in Region of Activity ---------------------------------------------------------------------------------------------------------------- Species ESA status MMPA status Occurrence ---------------------------------------------------------------------------------------------------------------- Harbor Seal........................ Not listed................. Non-depleted.......... Frequent. California Sea Lion................ Not listed................. Non-depleted.......... Frequent. Northern Elephant Seal............. Not listed................. Non-depleted.......... Occasional. Steller Sea Lion (eastern DPS)..... Not listed................. Under review.......... Rare. Harbor Porpoise.................... Not listed................. Non-depleted.......... Frequent. Dall's Porpoise.................... Not listed................. Non-depleted.......... Occasional. Pacific White-sided dolphin........ Not listed................. Non-depleted.......... Occasional. Killer Whale....................... Endangered (S. Resident)... Depleted.............. Occasional. Gray Whale......................... Delisted................... Unclassified.......... Occasional. Humpback Whale..................... Endangered................. Depleted.............. Rare. Minke Whale........................ Not listed................. Non-depleted.......... Rare. ---------------------------------------------------------------------------------------------------------------- General information on the marine mammal species found in Washington coastal waters can be found in Caretta et al. (2014), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/po2013.pdf. Refer to that document for information on these species. A list of marine mammals in the vicinity of the action and their status are provided in Table 3. Specific information concerning these species in the vicinity of the proposed action area is provided in detail in the WSDOT's IHA application. Potential Effects of the Specified Activity on Marine Mammals The effects of underwater noise from in-water pile removal and pile driving associated with the construction activities for a tie-up slips dolphin and wingwall replacement project in Anacortes has the potential to result in behavioral harassment of marine mammal species and stocks in the vicinity of the action area. The Notice of Proposed IHA included a discussion of the effects of anthropogenic noise on marine mammals, which is not repeated here. No instances of hearing threshold shifts, injury, serious injury, or mortality are expected as a result of WSDOT's activities given the strong likelihood that marine mammals would avoid the immediate vicinity of the pile driving area. Potential Effects on Marine Mammal Habitat The primary potential impacts to marine mammals and other marine species are associated with elevated sound levels, but the project may also result in additional effects to marine mammal prey species and short-term local water turbidity caused by in-water construction due to pile removal and pile driving. These potential effects are discussed in detail in the Federal Register notice for the proposed IHA and are not repeated here. Mitigation Measures In order to issue an incidental take authorization under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses. For WSDOT's proposed Anacortes tie-up slips dolphin and wingwall replacement project, NMFS is requiring WSDOT to implement the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity as a result of the in-water construction activities. No Impact Pile Driving To avoid potential injury to marine mammals, only vibratory pile hammer will be used for pile removal and pile driving. Time Restriction Work would occur only during daylight hours, when visual monitoring [[Page 28584]] of marine mammals can be conducted. In addition, all in-water construction will be limited to the period between September 1, 2015, and February 15, 2016. Establishment of Level B Harassment Zones of Influence Because WSDOT will not use impact pile driving for the proposed construction work, no Level A exclusion zone exists for marine mammals. NMFS currently uses received level of 120 dB as the onset of Level B harassment from non-impulse sources such as vibratory pile driving and pile removal. Although ambient measurement during March at the vicinity of Anacortes Ferry Terminal showed that the median ambient noise level is at 123 dB re 1 [micro]Pa, WSDOT will use 120 dB re 1 [micro]Pa as the isopleths for modeling its Level B harassment zone. WSDOT is considering collecting ambient noise data before in-water construction and adjust the Level B behavioral harassment zone based on measurements. The 120-dB Level B harassment ZOIs from in-water vibratory pile removal and pile driving are modeled based on in-water measurements at the WSDOT Port Townsend Ferry Terminal (Laughlin 2011) and Friday Harbor Ferry Terminal (Laughlin 2010) constructions. These modeled results are presented in Table 2 below. Table 2--Modeled ZOI Distances to Level B Behavioral Harassment From the Pile Driving and Pile Removal at WSDOT's Anacortes Project Area ---------------------------------------------------------------------------------------------------------------- In-water ZOI Vibratory pile type/method Threshold (km) In-air ZOI (m) ---------------------------------------------------------------------------------------------------------------- 12-inch timber removal................... 120 dBRMS re 1 [micro]Pa 2.3 .............. 24-inch steel removal/driving............ 120 dBRMS re 1 [micro]Pa 6.3 .............. 30-inch steel driving.................... 120 dBRMS re 1 [micro]Pa 39.8 .............. 36-inch steel driving.................... 120 dBRMS re 1 [micro]Pa 63.1 .............. All piles/in-air (harbor seals).......... 90 dBRMS re 20 [micro]Pa .............. 30 All piles/in-air (other pinnipeds)....... 100 dBRMS re 20 [micro]Pa .............. 10 ---------------------------------------------------------------------------------------------------------------- Soft Start WSDOT will implement ``soft start'' (or ramp up) to reduce potential startling behavioral responses from marine mammals. Soft start requires contractors to initiate noise from the vibratory hammer for 15 seconds at reduced energy followed by a 1-minute waiting period. The procedure will be repeated two additional times. Each day, WSDOT will use the soft-start technique at the beginning of pile driving, or if pile driving has ceased for more than one hour. Shutdown Measures WSDOT shall implement shutdown measures if southern resident killer whales are sighted within the vicinity of the project area and are approaching the Level B harassment zone (zone of influence, or ZOI) during in-water construction activities. If a killer whale approaches the ZOI during pile driving or removal, and it is unknown whether it is a Southern Resident killer whale or a transient killer whale, it shall be assumed to be a Southern Resident killer whale and WSDOT shall implement the shutdown measure. If a Southern Resident killer whale or an unidentified killer whale enters the ZOI undetected, in-water pile driving or pile removal shall be suspended until the whale exits the ZOI to avoid further level B harassment. Further, WSDOT shall implement shutdown measures if the number of any allotted marine mammal takes reaches the limit under the IHA (if issued), if such marine mammals are sighted within the vicinity of the project area and are approaching the Level B harassment zone during in- water construction activities. Coordination With Local Marine Mammal Research Network Prior to the start of pile driving, the Orca Network and/or Center for Whale Research will be contacted to find out the location of the nearest marine mammal sightings. The Orca Sightings Network consists of a list of over 600 (and growing) residents, scientists, and government agency personnel in the U.S. and Canada. Sightings are called or emailed into the Orca Network and immediately distributed to other sighting networks including: the Northwest Fisheries Science Center of NOAA Fisheries, the Center for Whale Research, Cascadia Research, the Whale Museum Hotline and the British Columbia Sightings Network. `Sightings' information collected by the Orca Network includes detection by hydrophone. The SeaSound Remote Sensing Network is a system of interconnected hydrophones installed in the marine environment of Haro Strait (west side of San Juan Island) to study orca communication, in-water noise, bottom fish ecology and local climatic conditions. A hydrophone at the Port Townsend Marine Science Center measures average in-water sound levels and automatically detects unusual sounds. These passive acoustic devices allow researchers to hear when different marine mammals come into the region. This acoustic network, combined with the volunteer (incidental) visual sighting network allows researchers to document presence and location of various marine mammal species. With this level of coordination in the region of activity, WSDOT will be able to get real-time information on the presence or absence of whales before starting any pile driving. Mitigation Conclusions NMFS has carefully evaluated the mitigation measures and considered a range of other measures in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another:The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals The proven or likely efficacy of the specific measure to minimize adverse impacts as planned The practicability of the measure for applicant implementation. Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below: (1) Avoidance or minimization of injury or death of marine mammals [[Page 28585]] wherever possible (goals 2, 3, and 4 may contribute to this goal). (2) A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to received levels of pile driving and pile removal or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). (3) A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to received levels of pile driving and pile removal, or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). (4) A reduction in the intensity of exposures (either total number or number at biologically important time or location) to received levels of pile driving, or other activities expected to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only). (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time. (6) For monitoring directly related to mitigation--an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation. Based on our evaluation of the prescribed mitigation measures, NMFS has determined the measures provide the means of effecting the least practicable impact on marine mammal 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 incidental take authorization (ITA) 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 ITAs 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 in the proposed action area. WSDOT submitted a marine mammal monitoring plan as part of the IHA application, and updated the plan based on comments received from the Commission. The updated monitoring plan can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be modified or supplemented based on comments or new information received from the public during the public comment period. Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals: (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below; (2) An increase in our understanding of how many marine mammals are likely to be exposed to levels of pile driving that we associate with specific adverse effects, such as behavioral harassment, TTS, or PTS; (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods: [ssquf] Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information); [ssquf] Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information); [ssquf] Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli; (4) An increased knowledge of the affected species; and (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures. Monitoring Measures WSDOT shall employ NMFS-approved protected species observers (PSOs) to conduct marine mammal monitoring for its Anacortes tie-up dolphins and wingwall replacement project. The PSOs will observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. If a PSO observes a marine mammal within a ZOI that appears to be disturbed by the work activity, the PSO will notify the work crew to initiate shutdown measures. Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power). Due to the different sizes of ZOIs from different pile sizes, two different ZOIs and monitoring protocols corresponding to a specific pile size will be established. Specifically, during vibratory timber removal, and 24'' steel vibratory pile driving and removal, one land- based PSO will monitor the area from the terminal work site, and one boat with a driver and a PSO will travel through the monitoring area. During 30/36'' vibratory pile driving, one land-based PSO will monitor the area from the terminal work site, and two boats with two drivers and two PSOs will travel through the monitoring area (see Figures 2 and 3 in WSDOT's updated Marine Mammal Monitoring Plan). Data collection during marine mammal monitoring will consist of a count of all marine mammals by species, a description of behavior (if possible), location, direction of movement, type of construction that is occurring, time that pile replacement work begins and ends, any acoustic or visual disturbance, and time of the observation. Environmental conditions such as weather, visibility, temperature, tide level, current, and sea state would also be recorded. Reporting Measures WSDOT is required to submit a final monitoring report within 90 days after completion of the construction work or the expiration of the IHA (if issued), whichever comes earlier. This report shall detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. NMFS shall have an opportunity to provide comments on the report, and if NMFS has comments, WSDOT shall address the comments and submit a final report to NMFS within 30 days. In addition, NMFS requires WSDOT to notify NMFS' Office of Protected Resources and NMFS' Stranding Network within 48 hours of sighting an injured or dead marine mammal in the vicinity of the construction site. WSDOT shall provide NMFS with the species or description of the animal(s), [[Page 28586]] the condition of the animal(s) (including carcass condition, if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available). In the event that WSDOT finds an injured or dead marine mammal that is not in the vicinity of the construction area, WSDOT would report the same information as listed above to NMFS as soon as operationally feasible. Estimated Take by Incidental Harassment Except with respect to certain activities not pertinent here, the MMPA defines ``harassment'' as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. As discussed above, in-water pile removal and pile driving (vibratory and impact) generate loud noises that could potentially harass marine mammals in the vicinity of WSDOT's proposed Anacortes Ferry Terminal tie-up slip dolphin and wingwall replacement project. As mentioned earlier in this document, currently NMFS uses 120 dB re 1 [micro]Pa and 160 dB re 1 [micro]Pa at the received levels for the onset of Level B harassment from non-impulse (vibratory pile driving and removal) and impulse sources (impact pile driving) underwater, respectively. Table 3 summarizes the current NMFS marine mammal take criteria. Table 3--Current Acoustic Exposure Criteria for Non-explosive Sound Underwater ------------------------------------------------------------------------ Criterion Criterion definition Threshold ------------------------------------------------------------------------ Level A Harassment (Injury)..... Permanent 180 dB re 1 Threshold Shift [micro]Pa (PTS) (Any level (cetaceans). above that which 190 dB re 1 is known to cause [micro]Pa TTS). (pinnipeds) root mean square (rms). Level B Harassment.............. Behavioral 160 dB re 1 Disruption (for [micro]Pa (rms). impulse noises). Level B Harassment.............. Behavioral 120 dB re 1 Disruption (for [micro]Pa (rms). non-impulse noise). ------------------------------------------------------------------------ As explained above, ZOIs will be established that encompass the areas where received underwater sound pressure levels (SPLs) exceed the applicable thresholds for Level B harassment. In the case of WSDOT's proposed Anacortes construction project, the Level B harassment ZOI for non-impulse noise sources will be at the received level at 120 dB. This level may be revised and the Level B ZOI reestablished if WSDOT conduct an ambient noise measurement during the time of construction. There will not be a zone for Level A harassment in this case, because source levels from vibratory hammer do not exceed the threshold for Level A harassment, and no impact hammer will be used in the proposed project. Sound Levels From Proposed Construction Activity As mentioned earlier, the revised 120-dB Level B harassment ZOIs are modeled based on in-water measurements at the WSDOT Port Townsend Ferry Terminal (Laughlin 2011) and Friday Harbor Ferry Terminal (Laughlin 2010) constructions (Table 2). Incidental take is calculated for each species by estimating the likelihood of a marine mammal being present within a ZOI during active pile removal/driving. Expected marine mammal presence is determined by past observations and general abundance near the Anacortes ferry terminal during the construction window. Ideally, potential take is estimated by multiplying the area of the ZOI by the local animal density. This provides an estimate of the number of animals that might occupy the ZOI at any given moment. However, there are no density estimates for any Puget Sound population of marine mammal. As a result, the take requests were estimated using local marine mammal data sets, and information from state and federal agencies. All haulout and observation data available are summarized in Section 3 of WSDOT's IHA application. Project duration is presented in Section 2 of WSDOT's IHA application. The calculation for marine mammal exposures is estimated by: Exposure estimate = N (number of animals in the area) * Number of days of pile removal/driving activity. Estimates include Level B acoustical harassment during vibratory pile removal and driving. All estimates are conservative, as pile removal/driving will not be continuous during the work day. Using this approach, a summary of estimated takes of marine mammals incidental to WSDOT's Anacortes Ferry Terminal tip-up dolphins and wingwall replacement work are provided in Table 4. Table 4--Estimated Numbers of Marine Mammals That May Be Exposed to Received Pile Removal Levels Above 120 dB re 1 [mu]Pa (rms) ---------------------------------------------------------------------------------------------------------------- Estimated marine Species mammal takes Abundance Percentage ---------------------------------------------------------------------------------------------------------------- Pacific harbor seal.................................... 900 14,612 6.0 California sea lion.................................... 180 296,750 0.06 Steller sea lion....................................... 360 52,847 0.7 Northern elephant seal................................. 72 124,000 0.06 Harbor porpoise........................................ 612 10,682 5.7 Dall's porpoise........................................ 108 42,000 0.3 Killer whale, transient................................ 70 354 20 Killer whale, Southern Resident........................ 4 81 5.0 Pacific white-sided dolphin............................ 360 25,233 1.4 Gray whale............................................. 36 18,017 0.2 Humpback whale......................................... 30 2,043 1.5 [[Page 28587]] Minke whale............................................ 10 202-600 1.7-5 ---------------------------------------------------------------------------------------------------------------- Analysis and Determinations Negligible Impact Negligible impact is ``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 Level B harassment 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 behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat. WSDOT's Anacortes Ferry Terminal tie-up dolphins and wingwall replacement project would involve vibratory pile removal and pile driving activities. Elevated underwater noises are expected to be generated as a result of these activities; however, these noises are expected to result in no mortality or Level A harassment and limited Level B harassment of marine mammals. WSDOT will not use impact hammer for pile driving, thus eliminating the potential for injury (including PTS) and TTS from noise impact. For vibratory pile removal and pile driving, noise levels are not expected to reach the level that may cause TTS, injury (including PTS), or mortality to marine mammals. Therefore, NMFS does not expect that any animals would experience Level A harassment (including injury or PTS) or Level B harassment in the form of TTS from being exposed to in-water pile removal and pile driving associated with WSDOT's construction project. Additionally, the sum of noise from WSDOT's proposed Anacortes Ferry Terminal tie-up dolphins and wingwall replacement construction activities is confined to a limited area by surrounding landmasses; therefore, the noise generated is not expected to contribute to increased ocean ambient noise. In addition, due to shallow water depths in the project area, underwater sound propagation of low-frequency sound (which is the major noise source from pile driving) is expected to be poor. In addition, WSDOT's proposed activities are localized and of short duration. The entire project area is limited to WSDOT's Anacortes Ferry Terminal construction work. The entire project would involve the removal of 272 existing piles and installation of 81 piles. The duration for the construction would involve 68 hours in 9 days for pile removal and 27 hours in 27 days for pile installation. These low- intensity, localized, and short-term noise exposures may cause brief startle reactions or short-term behavioral modification by the animals. These reactions and behavioral changes are expected to subside quickly when the exposures cease. Moreover, the proposed mitigation and monitoring measures are expected to reduce potential exposures and behavioral modifications even further. Additionally, no important feeding and/or reproductive areas for marine mammals are known to be near the proposed action area. Therefore, the take resulting from the proposed Anacortes Ferry Terminal tie-up dolphins and wingwall replacement work is not reasonably expected to, and is not reasonably likely to, adversely affect the marine mammal species or stocks through effects on annual rates of recruitment or survival. The project area is not a prime habitat for marine mammals, nor is it considered an area frequented by marine mammals. Therefore, behavioral disturbances that could result from anthropogenic noise associated with WSDOT's construction activities are expected to affect only a small number of marine mammals on an infrequent and limited basis. The project also is not expected to have significant adverse effects on affected marine mammals' habitat, as analyzed in detail in the ``Anticipated Effects on Marine Mammal Habitat'' section. The project activities would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences. 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 proposed monitoring and mitigation measures, NMFS finds that the total marine mammal take from WSDOT's Anacortes Ferry Terminal tie-up dolphins and wingwall replacement project will have a negligible impact on the affected marine mammal species or stocks. Small Number Based on analyses provided above, it is estimated that approximately 900 harbor seals, 180 California sea lions, 360 Steller sea lions, 72 northern elephant seals, 612 harbor porpoises, 108 Dall's porpoises, 70 transient killer whales, 4 Southern Resident killer whales, 360 Pacific white-sided dolphins, 36 gray whales, 30 humpback whales, and 10 minke whales could be exposed to received noise levels that could cause Level B behavioral harassment from the proposed construction work at the Anacortes Ferry Terminal in Washington State. These numbers represent approximately 0.06% to 20% of the populations of these species that could be affected by Level B behavioral harassment, respectively (see Table 5 above), which are small percentages relative to the total populations of the affected species or stocks. 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 mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS finds that small numbers of marine mammals will be taken relative to the [[Page 28588]] populations of the affected species or stocks. Impact on Availability of Affected Species for Taking for Subsistence Uses There are no subsistence uses of marine mammals in the proposed project area; and, thus, no subsistence uses impacted by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. Endangered Species Act (ESA) The humpback whale and the Southern Resident stock of killer whale are the only marine mammal species currently listed under the ESA that could occur in the vicinity of WSDOT's proposed construction projects. Under section 7 of the ESA, the Federal Highway Administration (FHWA) and WSDOT have consulted with NMFS West Coast Regional Office (WCRO) on the proposed WSDOT Anacortes Ferry Terminal tie-up slip dolphins and wingwall replacement project. WCRO issued a Biological Opinion on July 15, 2014, which concludes that the proposed Anacortes Ferry Terminal tie-up slip dolphins and wingwall replacement project may affect, but is not likely to adversely affect the listed marine mammal species and stocks. The issuance of an IHA to WSDOT constitutes an agency action that authorizes an activity that may affect ESA-listed species and, therefore, is subject to section 7 of the ESA. As the effects of the activities on listed marine mammals were analyzed during a formal consultation between the FHWA and NMFS, and as the underlying action has not changed from that considered in the consultation, the discussion of effects that are contained in the Biological Opinion and accompanying memo issued to the FHWA on July 15, 2014, pertains also to this action. Therefore, NMFS has determined that issuance of an IHA for this activity would not lead to any effects to listed marine mammal species apart from those that were considered in the consultation on FHWA's action. National Environmental Policy Act (NEPA) NMFS prepared an Environmental Assessment (EA) and analyzed the potential impacts to marine mammals that would result from WSDOT's Anacortes Ferry Terminal tie-up slip dolphins and wingwall replacement project. A Finding of No Significant Impact (FONSI) was signed in May 2015. A copy of the EA and FONSI is available upon request (see ADDRESSES). Authorization NMFS has issued an IHA to WSDOT for the potential harassment of small numbers of 11 marine mammal species incidental to the Anacortes Ferry Terminal tie-up slip dolphins and wingwall replacement construction in Washington State, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: May 12, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-12097 Filed 5-18-15; 8:45 am] BILLING CODE 3510-22-P
![28582 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices
Weighted-average Office of Protected Resources, National harassment of marine mammals. Within
Manufacturer/exporter dumping margin Marine Fisheries Service, 1315 East- 45 days of the close of the comment
(percent) West Highway, Silver Spring, MD period, NMFS must either issue or deny
20910. A copy of the application the authorization.
Nanhai Baiyi Woodwork
containing a list of the references used
Co. Ltd ........................ 45.83 Summary of Request
Dongguan in this document, NMFS’
Liaobushangdun Environmental Assessment (EA), On April 1, 2014, WSDOT submitted
Huada Furniture Fac- Finding of No Significant Impact a request to NOAA requesting an IHA
tory .............................. 45.83 (FONSI), and the IHA may be obtained for the possible harassment of small
Great Rich (HK) Enter- by writing to the address specified numbers of 11 marine mammal species
prise Co., Ltd. above or visiting the Internet at: incidental to construction associated
http://www.nmfs.noaa.gov/pr/permits/ with the Anacortes Tie-up Slips
In the event the CIT’s ruling is not incidental/. Documents cited in this Dolphin and Wingwall Replacement in
appealed or, if appealed, upheld by the notice may be viewed, by appointment, the city of Anacortes, on Fidalgo Island,
CAFC, the Department will instruct CBP during regular business hours, at the adjacent to Guemes Channel, Skagit
to liquidate entries of subject aforementioned address. County, Washington, between
merchandise based on the revised FOR FURTHER INFORMATION CONTACT: September 1, 2015, and February 15,
assessment rates calculated by the Shane Guan, Office of Protected 2016. NMFS determined that the IHA
Department. Resources, NMFS, (301) 427–8401. application was complete on July 1,
This notice is issued and published in 2014.
SUPPLEMENTARY INFORMATION:
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act. Background Description of the Specified Activity
Dated: May 11, 2015. Sections 101(a)(5)(A) and (D) of the A detailed description of the
Paul Piquado, MMPA (16 U.S.C. 1361 et seq.) direct WSDOT’s Anacortes tie-up slips
Assistant Secretary for Enforcement and the Secretary of Commerce to allow, dolphin and wingwall project is
Compliance. upon request, the incidental, but not provided in the Federal Register notice
[FR Doc. 2015–12084 Filed 5–18–15; 8:45 am] intentional, taking of small numbers of for the proposed IHA (80 FR 11648;
BILLING CODE 3510–DS–P marine mammals by U.S. citizens who March 4, 2015). Since that time, no
engage in a specified activity (other than changes have been made to the
commercial fishing) within a specified proposed construction activities.
DEPARTMENT OF COMMERCE geographical region if certain findings Therefore, a detailed description is not
are made and either regulations are provided here. Please refer to that
National Oceanic and Atmospheric issued or, if the taking is limited to Federal Register notice for the
Administration harassment, a notice of a proposed description of the specific activity.
RIN 0648–XD741 authorization is provided to the public Comments and Responses
for review.
Taking of Marine Mammals Incidental An authorization for incidental A notice of NMFS’ proposal to issue
to Specified Activities; Anacortes Tie- takings shall be granted if NMFS finds an IHA to WSDOT was published in the
Up Slips Dolphin and Wingwall that the taking will have a negligible Federal Register on March 4, 2015. That
Replacement impact on the species or stock(s), will notice described, in detail, WSDOT’s
not have an unmitigable adverse impact activity, the marine mammal species
AGENCY: National Marine Fisheries on the availability of the species or that may be affected by the activity, and
Service (NMFS), National Oceanic and stock(s) for subsistence uses (where the anticipated effects on marine
Atmospheric Administration (NOAA), relevant), and if the permissible mammals. During the 30-day public
Commerce. methods of taking and requirements comment period, NMFS received
ACTION: Notice; issuance of an incidental pertaining to the mitigation, monitoring comments from the Marine Mammal
take authorization. and reporting of such takings are set Commission (Commission). Specific
forth. NMFS has defined ‘‘negligible comments and responses are provided
SUMMARY: In accordance with the below.
impact’’ in 50 CFR 216.103 as ‘‘. . . an
Marine Mammal Protection Act Comment 1: The Commission notes
impact resulting from the specified
(MMPA) regulations, notification is that the construction would be
activity that cannot be reasonably
hereby given that NMFS has issued an conducted in December and January,
expected to, and is not reasonably likely
Incidental Harassment Authorization however, WSDOT’s ambient noise
to, adversely affect the species or stock
(IHA) to the Washington State measurements were conducted in March
through effects on annual rates of
Department of Transportation (WSDOT) and showed that median ambient noise
recruitment or survival.’’
to take, by harassment, small numbers Section 101(a)(5)(D) of the MMPA level at the proposed construction area
of 11 species of marine mammals established an expedited process by is 123 dB re 1 mPa. The Commission
incidental to construction activities for which citizens of the U.S. can apply for states that the ambient noise levels
a tie-up slips dolphin and wingwall a one-year authorization to incidentally would be lower in winter (December
replacement project in Anacortes, take small numbers of marine mammals and January) than those were collected
Washington State, between September by harassment, provided that there is no in March when vessel traffic is greater.
1, 2015, and August 31, 2016.
tkelley on DSK3SPTVN1PROD with NOTICES
potential for serious injury or mortality Therefore, the Commission recommends
DATES: Effective September 1, 2015, to result from the activity. Section that NMFS either (1) require WSDOT to
through August 31, 2016. 101(a)(5)(D) establishes a 45-day time measure ambient sound levels during
ADDRESSES: Requests for information on limit for NMFS review of an application winter and adjust the Level B
the incidental take authorization should followed by a 30-day public notice and harassment zones accordingly or (2)
be addressed to Jolie Harrison, Chief, comment period on any proposed base the Level B harassment zones on
Permits and Conservation Division, authorizations for the incidental the 120-dB re 1 mPa threshold and adjust
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![28586 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices
the condition of the animal(s) (including defines ‘‘harassment’’ as: Any act of potentially harass marine mammals in
carcass condition, if the animal is dead), pursuit, torment, or annoyance which (i) the vicinity of WSDOT’s proposed
location, time of first discovery, has the potential to injure a marine Anacortes Ferry Terminal tie-up slip
observed behaviors (if alive), and photo mammal or marine mammal stock in the dolphin and wingwall replacement
or video (if available). wild [Level A harassment]; or (ii) has project.
In the event that WSDOT finds an the potential to disturb a marine
injured or dead marine mammal that is As mentioned earlier in this
mammal or marine mammal stock in the document, currently NMFS uses 120 dB
not in the vicinity of the construction wild by causing disruption of behavioral
area, WSDOT would report the same re 1 mPa and 160 dB re 1 mPa at the
patterns, including, but not limited to, received levels for the onset of Level B
information as listed above to NMFS as migration, breathing, nursing, breeding,
soon as operationally feasible. harassment from non-impulse (vibratory
feeding, or sheltering [Level B pile driving and removal) and impulse
Estimated Take by Incidental harassment]. sources (impact pile driving)
Harassment As discussed above, in-water pile underwater, respectively. Table 3
Except with respect to certain removal and pile driving (vibratory and summarizes the current NMFS marine
activities not pertinent here, the MMPA impact) generate loud noises that could mammal take criteria.
TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER
Criterion Criterion definition Threshold
Level A Harassment (Injury) .............................. Permanent Threshold Shift (PTS) (Any level 180 dB re 1 μPa (cetaceans).
above that which is known to cause TTS). 190 dB re 1 μPa (pinnipeds)
root mean square (rms).
Level B Harassment .......................................... Behavioral Disruption (for impulse noises) ...... 160 dB re 1 μPa (rms).
Level B Harassment .......................................... Behavioral Disruption (for non-impulse noise) 120 dB re 1 μPa (rms).
As explained above, ZOIs will be modeled based on in-water data sets, and information from state
established that encompass the areas measurements at the WSDOT Port and federal agencies. All haulout and
where received underwater sound Townsend Ferry Terminal (Laughlin observation data available are
pressure levels (SPLs) exceed the 2011) and Friday Harbor Ferry Terminal summarized in Section 3 of WSDOT’s
applicable thresholds for Level B (Laughlin 2010) constructions (Table 2). IHA application. Project duration is
harassment. In the case of WSDOT’s Incidental take is calculated for each presented in Section 2 of WSDOT’s IHA
proposed Anacortes construction species by estimating the likelihood of application.
project, the Level B harassment ZOI for a marine mammal being present within
non-impulse noise sources will be at the The calculation for marine mammal
a ZOI during active pile removal/
received level at 120 dB. This level may exposures is estimated by:
driving. Expected marine mammal
be revised and the Level B ZOI presence is determined by past Exposure estimate = N (number of
reestablished if WSDOT conduct an observations and general abundance animals in the area) * Number of days
ambient noise measurement during the near the Anacortes ferry terminal during of pile removal/driving activity.
time of construction. There will not be the construction window. Ideally, Estimates include Level B acoustical
a zone for Level A harassment in this potential take is estimated by harassment during vibratory pile
case, because source levels from multiplying the area of the ZOI by the removal and driving. All estimates are
vibratory hammer do not exceed the local animal density. This provides an
threshold for Level A harassment, and conservative, as pile removal/driving
estimate of the number of animals that will not be continuous during the work
no impact hammer will be used in the might occupy the ZOI at any given
proposed project. day. Using this approach, a summary of
moment. However, there are no density estimated takes of marine mammals
Sound Levels From Proposed estimates for any Puget Sound incidental to WSDOT’s Anacortes Ferry
Construction Activity population of marine mammal. Terminal tip-up dolphins and wingwall
As mentioned earlier, the revised 120- As a result, the take requests were replacement work are provided in Table
dB Level B harassment ZOIs are estimated using local marine mammal 4.
TABLE 4—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED PILE REMOVAL LEVELS
ABOVE 120 DB RE 1 μPA (RMS)
Estimated marine
Species Abundance Percentage
mammal takes
Pacific harbor seal ..................................................................................................... 900 14,612 6.0
California sea lion ...................................................................................................... 180 296,750 0.06
Steller sea lion ........................................................................................................... 360 52,847 0.7
Northern elephant seal .............................................................................................. 72 124,000 0.06
tkelley on DSK3SPTVN1PROD with NOTICES
Harbor porpoise ......................................................................................................... 612 10,682 5.7
Dall’s porpoise ........................................................................................................... 108 42,000 0.3
Killer whale, transient ................................................................................................ 70 354 20
Killer whale, Southern Resident ................................................................................ 4 81 5.0
Pacific white-sided dolphin ........................................................................................ 360 25,233 1.4
Gray whale ................................................................................................................. 36 18,017 0.2
Humpback whale ....................................................................................................... 30 2,043 1.5
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![28588 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices
populations of the affected species or 2015. A copy of the EA and FONSI is mailbox address for providing email
stocks. available upon request (see ADDRESSES). comments is ITP.Goldstein@noaa.gov.
Please include 0648–XD807 in the
Impact on Availability of Affected Authorization
subject line. NMFS is not responsible
Species for Taking for Subsistence Uses NMFS has issued an IHA to WSDOT for email comments sent to addresses
There are no subsistence uses of for the potential harassment of small other than the one provided here.
marine mammals in the proposed numbers of 11 marine mammal species Comments sent via email, including all
project area; and, thus, no subsistence incidental to the Anacortes Ferry attachments, must not exceed a 25-
uses impacted by this action. Therefore, Terminal tie-up slip dolphins and megabyte size.
NMFS has determined that the total wingwall replacement construction in All comments received are a part of
taking of affected species or stocks Washington State, provided the the public record and will generally be
would not have an unmitigable adverse previously mentioned mitigation, posted to http://www.nmfs.noaa.gov/pr/
impact on the availability of such monitoring, and reporting requirements permits/incidental/ without change. All
species or stocks for taking for are incorporated. Personal Identifying Information (for
subsistence purposes. example, name, address, etc.)
Dated: May 12, 2015.
Endangered Species Act (ESA) Donna S. Wieting, voluntarily submitted by the commenter
Director, Office of Protected Resources, may be publicly accessible. Do not
The humpback whale and the
National Marine Fisheries Service. submit Confidential Business
Southern Resident stock of killer whale
Information or otherwise sensitive or
are the only marine mammal species [FR Doc. 2015–12097 Filed 5–18–15; 8:45 am]
protected information.
currently listed under the ESA that BILLING CODE 3510–22–P
An electronic copy of the IHA
could occur in the vicinity of WSDOT’s
application containing a list of the
proposed construction projects. Under
DEPARTMENT OF COMMERCE references used in this document may
section 7 of the ESA, the Federal
be obtained by writing to the address
Highway Administration (FHWA) and
National Oceanic and Atmospheric specified above, telephoning the contact
WSDOT have consulted with NMFS
Administration listed below (see FOR FURTHER
West Coast Regional Office (WCRO) on
INFORMATION CONTACT), or visiting the
the proposed WSDOT Anacortes Ferry RIN 0648–XD807
Internet at: http://www.nmfs.noaa.gov/
Terminal tie-up slip dolphins and
Takes of Marine Mammals Incidental to pr/permits/incidental/. Documents cited
wingwall replacement project. WCRO
Specified Activities; Construction in this notice, including the IHA
issued a Biological Opinion on July 15,
Activities at the Children’s Pool application, may also be viewed, by
2014, which concludes that the
Lifeguard Station at La Jolla, California appointment, during regular business
proposed Anacortes Ferry Terminal tie-
hours, at the aforementioned address.
up slip dolphins and wingwall AGENCY: National Marine Fisheries
replacement project may affect, but is FOR FURTHER INFORMATION CONTACT:
Service (NMFS), National Oceanic and Howard Goldstein or Jolie Harrison,
not likely to adversely affect the listed Atmospheric Administration (NOAA),
marine mammal species and stocks. Office of Protected Resources, NMFS,
Commerce. 301–427–8401.
The issuance of an IHA to WSDOT
ACTION: Notice; proposed Incidental SUPPLEMENTARY INFORMATION:
constitutes an agency action that
authorizes an activity that may affect Harassment Authorization (IHA);
request for comments. Background
ESA-listed species and, therefore, is
subject to section 7 of the ESA. As the Sections 101(a)(5)(A) and (D) of the
SUMMARY: NMFS has received an
effects of the activities on listed marine MMPA (16 U.S.C. 1361 et seq.), directs
application from the City of San Diego
mammals were analyzed during a the Secretary of Commerce (Secretary)
for an IHA to take small numbers of
formal consultation between the FHWA to allow, upon request, the incidental,
marine mammals, by Level B
and NMFS, and as the underlying action but not intentional, taking of small
harassment, incidental to construction
has not changed from that considered in numbers of marine mammals, by United
activities at the Children’s Pool
the consultation, the discussion of States citizens who engage in a specified
Lifeguard Station in La Jolla, California.
effects that are contained in the activity (other than commercial fishing)
NMFS has reviewed the IHA
Biological Opinion and accompanying within a specified geographical region if
application, including all supporting
memo issued to the FHWA on July 15, certain findings are made and either
documents, and determined that it is
2014, pertains also to this action. regulations are issued or, if the taking is
adequate and complete. Pursuant to the
Therefore, NMFS has determined that limited to harassment, a notice of a
Marine Mammal Protection Act
issuance of an IHA for this activity proposed authorization is provided to
(MMPA), NMFS is requesting comments
would not lead to any effects to listed the public for review.
on its proposal to issue an IHA to the
marine mammal species apart from Authorization for the incidental
City of San Diego to take, by Level B
those that were considered in the takings shall be granted if NMFS finds
harassment only, three species of
consultation on FHWA’s action. that the taking will have a negligible
marine mammals during the specified
impact on the species or stock(s), will
National Environmental Policy Act activities.
not have an unmitigable adverse impact
(NEPA) DATES: Comments and information must on the availability of the species or
NMFS prepared an Environmental be received no later than June 18, 2015. stock(s) for subsistence uses (where
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment (EA) and analyzed the ADDRESSES: Comments on the IHA relevant), and if the permissible
potential impacts to marine mammals application should be addressed to Jolie methods of taking and requirements
that would result from WSDOT’s Harrison, Chief, Permits and pertaining to the mitigation, monitoring,
Anacortes Ferry Terminal tie-up slip Conservation Division, Office of and reporting of such takings are set
dolphins and wingwall replacement Protected Resources, National Marine forth. NMFS has defined ‘‘negligible
project. A Finding of No Significant Fisheries Service, 1315 East-West impact’’ in 50 CFR 216.103 as ‘‘. . . an
Impact (FONSI) was signed in May Highway, Silver Spring, MD 20910. The impact resulting from the specified
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Document Created: 2015-12-15 15:29:49
Document Modified: 2015-12-15 15:29:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; issuance of an incidental take authorization. | |
| Dates | Effective September 1, 2015, through August 31, 2016. | |
| Contact | Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 80 FR 28582 | |
| RIN Number | 0648-XD74 |
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