80_FR_32466 80 FR 32357 - Taking of Marine Mammals Incidental to Specified Activities; Vashon Seismic Retrofit Project

80 FR 32357 - Taking of Marine Mammals Incidental to Specified Activities; Vashon Seismic Retrofit Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 109 (June 8, 2015)

Page Range32357-32363
FR Document2015-13890

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 nine species of marine mammals incidental to construction activities for Vashon Seismic Retrofit Project in Vashon Island, Washington, between August 1, 2015, and July 31, 2016.

Federal Register, Volume 80 Issue 109 (Monday, June 8, 2015) 
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32357-32363]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13890]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD644


Taking of Marine Mammals Incidental to Specified Activities; 
Vashon Seismic Retrofit Project

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

ACTION: Notice; issuance of an incidental take authorization.

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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 nine species of marine mammals incidental to construction 
activities for Vashon Seismic Retrofit Project in Vashon Island, 
Washington, between August 1, 2015, and July 31, 2016.

DATES: Effective August 1, 2015, through July 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

[[Page 32358]]

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 June 20, 2014, WSDOT submitted a request to NOAA requesting an 
IHA for the possible harassment of small numbers of nine marine mammal 
species incidental to construction associated with the Vashon Seismic 
Retrofit Project at the Vashon Ferry Terminal in Vashon Island, 
Washington between August 1, 2015, and February 15, 2016. On December 
15, 2014, WSDOT added a test pile drive and removal program to the 
Vashon Seismic Retrofit Project and submitted a revised IHA 
application. The information provided here is based on WSDOT's December 
15, 2014, IHA application.

Description of the Specified Activity

    A detailed description of the WSDOT's Vashon Seismic Retrofit 
Project is provided in the Federal Register notice for the proposed IHA 
(79 FR 78821; December 31, 2014). Since that time, no changes have been 
made to the proposed construction activities at the Vashon Seismic 
Retrofit Project. 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 December 31, 2014. 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). The Commission 
recommends NMFS issue the IHA to WSDOT, subject to inclusion of the 
proposed mitigation and monitoring measures described in the proposed 
IHA. NMFS agrees with the Commission's recommendation and issued the 
IHA with mitigation and monitoring measures described below.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction most likely to 
occur in the construction area include Pacific harbor seal (Phoca 
vitulina richardsi), California sea lion (Zalophus californianus), 
Steller sea lion (Eumetopias jubatus), harbor porpoise (Phocoena 
phocoena), Dall's porpoise (Phocoenoides dalli), killer whale (Orcinus 
orca), gray whale (Eschrichtius robustus), minke whale (Balaenoptera 
acutorostrata), and humpback whale (Megaptera novaeangliae).
    General information on the marine mammal species found in the 
vicinity of the project area in Washington 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. Specific information 
concerning these species in the vicinity of the action area is provided 
in the Federal Register notice for the proposed IHA and in WSDOT's IHA 
application. Therefore, it is not repeated here.

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 Vashon Seismic Retrofit Project 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 prescribe, where applicable, 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 Vashon Seismic Retrofit Project, NMFS is requiring 
WSDOT to

[[Page 32359]]

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.

Use of Noise Attenuation Devices

    Noise attenuation systems (i.e., bubble curtains) will be used 
during all impact pile driving of steel piles to dampen the acoustic 
pressure and reduce the impact on marine mammals. By reducing 
underwater sound pressure levels at the source, bubble curtains would 
reduce the area over which Level B harassment would occur, thereby 
potentially reducing the numbers of marine mammals affected. In 
addition, the bubble curtain system would reduce sound levels below the 
threshold for injury (Level A harassment) and thus eliminate the need 
for an exclusion zone for Level A harassment.

Time Restriction

    Work would occur only during daylight hours, when visual monitoring 
of marine mammals can be conducted. In addition, all in-water 
construction will be limited to the period between August 1, 2015, and 
February 15, 2016.

Establishment of Exclusion Zone and Level B Harassment Zones of 
Influence

    Before the commencement of in-water pile driving activities, WSDOT 
shall establish Level B behavioral harassment ZOIs where received 
underwater sound pressure levels (SPLs) are higher than 160 dB (rms) 
and 120 dB (rms) re 1 [mu]Pa for impulse noise sources (impact pile 
driving) and non-impulses noise sources (vibratory pile driving and 
mechanic dismantling), respectively.
    For the test pile program, because glacial till soils will be 
harder to drive through, the assumed attenuation will be 8-10 dB, the 
same bubble-curtain attenuation used in the current consultation. Based 
on the 2009 Vashon Test Pile, source levels for impact driving of 30'' 
piles are 210 dB (peak), 181 dB (SEL), and 189 dB (rms) measured at 16 
m (Pile P-8 Unmitigated) (WSDOT 2010).
    The exclusion zones for Level A harassment and ZOIs for Level B 
harassment are modeled based on in-water measurements during the WSF 
Bainbridge Island Ferry Terminal and presented in Table 1 below.

        Table 1--Modeled Maximum Level A and Level B Harassment Zones for Various Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                               Distance to                            Distance to
     Pile driving methods        190 dB *   Distance to  Distance to   121 ** dB       ZOI No.        ZOI size
                                   (m)       180 dB (m)   160 dB (m)      (m)                         (km\2\)
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving/                 NA           NA           NA        5,500  ZOI-1.........  44 km\2\
 removal (24-in steel pile).
Vibratory pile driving/                 NA           NA           NA        2,000  ZOI-2.........  5.6 km\2\
 removal (13-in timber pile).
Vibratory pile removal (30-in           NA           NA           NA       21,500  ZOI-3.........  151 km\2\
 steel pile).
Test impact pile driving               4.0           19          402           NA  ZOI-4.........  0.4 km\2\
 (assume 8 dB reduction w/
 attenuation devices).
Impact driving (24-in steel            3.0           12          251           NA  ZOI-5.........  0.07 km\2\
 pile).
Impact pile driving (13-in              NA           NA           46           NA  ZOI-6.........  1,769 m\2\
 timber).
----------------------------------------------------------------------------------------------------------------
* SPLs are dB re 1 [mu]Pa rms.
** Since the median ambient noise level at the Project area is 121 dB re 1 [mu]Pa (rms), this level will be used
  as the threshold for vibratory pile driving and removal.

Soft Start

    A ``soft-start'' technique is intended to allow marine mammals to 
vacate the area before the pile driver reaches full power. Whenever 
there has been downtime of 30 minutes or more without pile driving, the 
contractor will initiate the driving with ramp-up procedures described 
below.
    Soft start for vibratory hammers requires contractors to initiate 
hammer noise for 15 seconds at reduced energy followed by a 1-minute 
waiting period. The procedure will be repeated two additional times. 
Soft start for impact hammers requires contractors to provide an 
initial set of three strikes from the impact hammer at 40 percent 
energy, followed by a 1-minute waiting period, then two subsequent 
three-strike sets. Each day, WSDOT will use the soft-start technique at 
the beginning of pile driving or removal, or if pile driving or removal 
has ceased for more than one hour.

Shutdown Measures

    WSDOT shall implement shutdown measures if a marine mammal is 
sighted approaching the Level A exclusion zone. In-water construction 
activities shall be suspended until the marine mammal is sighted moving 
away from the exclusion zone, or if the animal is not sighted for 30 
minutes after the shutdown.
    In addition, 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 
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.

Mitigation Conclusions

    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

Monitoring Measures

    Any ITA issued under section 101(a)(5)(D) of the MMPA is required 
to prescribe, where applicable, ``requirements pertaining to the 
monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) state that requests for ITAs must 
include the suggested means of accomplishing the necessary monitoring 
and reporting that will result in increased knowledge

[[Page 32360]]

of the species and of the level of taking or impacts on populations of 
marine mammals that are expected to be present in the action area.
    WSDOT shall employee NMFS-approved protected species observers 
(PSOs) to conduct marine mammal monitoring for its Vashon Seismic 
Retrofit 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 driving/removal 
methods and pile sizes, ZOIs corresponding to a specific pile driving/
removal methods listed in Table 1 will be monitored according to the 
following monitoring protocols at different locations.
     The required monitoring distances will be determined by 
using a range finder or hand-held global positioning system device.
     ZOI-1 will be monitored by one land-based biologist at the 
terminal work site, and one boat with a pilot and a biologist that will 
travel through the monitoring area.
     ZOI-2 will be monitored by one land-based biologist at the 
terminal work site, and one boat with a pilot and a biologist that will 
travel through the monitoring area.
     ZOI-3 will be monitored by five land-based biologists, and 
one boat with a pilot and a biologist that will travel through the 
monitoring area.
     ZOI-4 will be monitored by one land-based biologist at the 
terminal work site, and one boat with a pilot and a biologist that will 
travel through the monitoring area.
     ZOI-5 will be monitored by one land-based biologist at the 
terminal work site, and one boat with a pilot and a biologist that will 
travel through the monitoring area.
     ZOI-6 will be monitored by two land-based biologists from 
the terminal work site.
    The geographic location of each ZOI is provided in maps of WSDOT's 
marine mammal monitoring plan.
    WSDOT will contact the Orca Network and/or Center for Whale 
Research to find out the location of the nearest marine mammal 
sightings. In addition, WSDOT will utilize marine mammal occurrence 
information collected by the Orca Network using hydrophone systems to 
maximize marine mammal detection in the project vicinity.
    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.
    NMFS has determined that the monitoring measures described above 
are adequate, particularly as they relate to assessing the level of 
taking or impacts to affected species. The land-based PSOs are expected 
to be positioned in a location that will maximize their abilities to 
detect marine mammals and will also utilize binoculars to improve 
detection rates.

Reporting Measures

    WSF will provide NMFS with a draft monitoring report within 90 days 
of the conclusion of the proposed construction work, or within 90 days 
after the expiration of this IHA, whichever comes first. This report 
will detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed.
    If comments are received from the NMFS West Coast Regional 
Administrator or NMFS Office of Protected Resources on the draft 
report, a final report will be submitted to NMFS within 30 days 
thereafter. If no comments are received from NMFS, the draft report 
will be considered to be the final report.

Notification of Injured or Dead Marine Mammals

    In addition to the reporting measures listed above, NMFS will 
require that WSDOT notify NMFS' Office of Protected Resources and NMFS' 
Stranding Network of sighting an injured or dead marine mammal in the 
vicinity of marine operations. Depending on the circumstance of the 
incident, WSDOT shall take one of the following reporting protocols 
when an injured or dead marine mammal is discovered in the vicinity of 
the action area.
    (A) In the unanticipated event that the construction activities 
clearly cause the take of a marine mammal in a manner prohibited by 
this Authorization, such as an injury, serious injury or mortality 
(e.g., ship-strike, gear interaction, and/or entanglement), WSDOT shall 
immediately cease all operations and immediately report the incident to 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS, and the West Coast Regional Stranding Coordinators. The report 
must include the following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Description of the incident;
    (iii) Status of all sound source use in the 24 hours preceding the 
incident;
    (iv) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility, and water depth);
    (v) Description of marine mammal observations in the 24 hours 
preceding the incident;
    (vi) Species identification or description of the animal(s) 
involved;
    (vii) The fate of the animal(s); and
    (viii) Photographs or video footage of the animal (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with WSDOT to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. WSDOT may not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (B) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
WSDOT will immediately report the incident to the Permits and 
Conservation Division, Office of Protected Resources, NMFS, and the 
West Coast Regional Stranding Coordinators. The report must include the 
same information identified above. Activities may continue while NMFS 
reviews the circumstances of the incident. NMFS will work with WSDOT to 
determine whether modifications in the activities are appropriate.
    (C) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), WSDOT shall report the incident to 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS, and the West Coast Regional Stranding Coordinators, within 24 
hours of the

[[Page 32361]]

discovery. WSDOT shall provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS and the Marine Mammal Stranding Network. WSDOT can continue its 
operations under such a case.

Estimated Take by Incidental 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 Vashon Seismic 
Retrofit Project.
    Currently, NMFS uses 120 dB re 1 [mu]Pa and 160 dB re 1 [mu]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 2 summarizes the 
current NMFS marine mammal take criteria.

                 Table 2--Current Acoustic Exposure Criteria for Non-Explosive Sound Underwater
----------------------------------------------------------------------------------------------------------------
             Criterion                 Criterion definition                         Threshold
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury).......  Permanent Threshold Shift   180 dB re 1 [mu]Pa (cetaceans).
                                     (PTS) (Any level above     190 dB re 1 [mu]Pa (pinnipeds).
                                     that which is known to     root mean square (rms).
                                     cause TTS).
Level B Harassment................  Behavioral Disruption (for  160 dB re 1 [mu]Pa (rms).
                                     impulse noises).
Level B Harassment................  Behavioral Disruption (for  120 dB re 1 [mu]Pa (rms).
                                     non-impulse noise).
----------------------------------------------------------------------------------------------------------------

    As explained above, ZOIs will be established that encompass the 
areas where received underwater sound pressure levels exceed the 
applicable thresholds for Level B harassment. There will not be a zone 
for Level A harassment in this case, because the bubble curtain system 
will keep all underwater noise below the threshold for Level A 
harassment.

Sound Levels From Proposed Construction Activity

    As mentioned earlier, the project includes impact driving and 
proofing of 24-inch hollow steel piling, impact driving of 13-inch 
timber piling, and impact driving of 30-inch steel test piles.
    Based on in-water measurements during the WSF Bainbridge Island 
Ferry Terminal, impact pile driving of a 24-inch steel pile generated 
170 dB RMS (overall average), with the highest measured at 189 dB RMS 
measured at 10 meters (Laughlin 2005). A bubble curtain will be used to 
attenuate steel pile impact driving noise.
    For the test pile program, the more conservative cetacean injury 
zone (19 m/62 ft) will be used to set the 30-inch steel test pile 
exclusion zone.
    In-water measurements for impact driving of 13-inch timber piling 
are not available. Impact driving of 12-inch timber piling generated 
170 dB RMS (WSF 2014). The source level for 13-inch timber piles shall 
be assumed to be the same as 12-inch timber piles. A bubble curtain 
will not be used during impact driving of timber piles.
    Using practical spreading model to calculate sound propagation 
loss, Table 2 provides the estimated maximum distances for a variety of 
harassment zones.
    As explained above, exclusion zones and ZOIs will be established 
that encompass the areas where received underwater SPLs exceed the 
applicable thresholds for Level A and Level B harassment, respectively.
    Incidental take for each species is estimated by determining the 
likelihood of a marine mammal being present within a ZOI during pile 
removal and pile driving. Expected marine mammal presence is determined 
by past observations and general abundance near the Vashon Ferry 
Terminal during the construction window. Typically, 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 mammals. As a 
result, the take requests were estimated using local marine mammal data 
sets (e.g., Orca Network, state and federal agencies), opinions from 
state and federal agencies, and observations from Navy biologists.
    Based on the estimates, approximately 1,919 Pacific harbor seals, 
1,919 California sea lions, 644 Steller sea lions, 438 harbor 
porpoises, 146 Dall's porpoises, 54 killer whales (50 transient, 4 
Southern Resident killer whales), 71 gray whales, 36 humpback whales, 
and 36 minke whales could be exposed to received sound levels that 
could result in takes from the proposed Vashon Seismic Retrofit 
Project. A summary of the estimated takes is presented in Table 3.

Table 3--Estimated Numbers of Marine Mammals That May Be Exposed to Received Pile Removal Levels Above 121 dB re
                                                 1 [mu]Pa (rms)
----------------------------------------------------------------------------------------------------------------
                                                         Estimated marine
                        Species                            mammal takes        Abundance          Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal...................................              1,919             14,612                13
California sea lion...................................              1,919            296,750                 0.7
Steller sea lion......................................                644             63,160                 1.0
Harbor porpoise.......................................                438             10,682                 4.0
Dall's porpoise *.....................................                146             42,000                 0.3
Killer whale, transient...............................                 50                521                 9.6
Killer whale, Southern Resident.......................                  4                 85                 4.7
Gray whale............................................                 71             19,126                 0.4
Humpback whale........................................                 36              1,918                 1.9
Minke whale...........................................                 36                478                 7.5
----------------------------------------------------------------------------------------------------------------
* The Federal Register notice for the proposed IHA erroneously stated that the estimated takes for Dall's
  porpoise to be 136 individuals. It is corrected in this document as 146 individuals. The results of the
  analysis and the percentage of the take by its population remain the same.


[[Page 32362]]

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 Vashon Seismic Retrofit Project would involve 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, 
if any, Level B harassment of marine mammals. WSDOT would use noise 
attenuation devices (i.e., bubble curtains) during the impact pile 
driving of steel piles, thus eliminating the potential for injury 
(including PTS) and TTS from impact driving. For vibratory pile removal 
and pile driving and impact pile driving of timber piles, 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.
    In addition, WSDOT's activities are localized and of short 
duration. The entire project area is limited to WSDOT's Vashon ferry 
terminal in Vashon Island. The entire project would involve the removal 
of 106 existing timber piles and installation of 119 steel piles. In 
addition, 96 temporary piles will be installed and then removed during 
the project. The duration for pile driving and removal lasts for about 
10 to 120 minutes per pile, depending on the type and dimension of the 
pile. 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 Vashon Seismic Retrofit Project 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 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 Vashon Seismic Retrofit 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 1,919 harbor seals, 1,919 California sea lions, 644 
Steller sea lions, 438 harbor porpoises, 136 Dall's porpoises, 50 
transient killer whales, 4 Southern Resident killer whales, 71 gray 
whales, 36 humpback whales, and 36 minke whales could be exposed to 
received noise levels that could cause Level B behavioral harassment 
from the proposed construction work at the Vashon ferry terminal in 
Washington State. These numbers represent approximately 0.3% to 14% of 
the populations of these species that could be affected by Level B 
behavioral harassment, respectively (see Table 2 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 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 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 Vashon Seismic Retrofit Project. 
Under section 7 of the ESA, the Federal Transit Administration (FTA) 
and WSDOT have consulted with NMFS West Coast Regional Office (WCRO) on 
the proposed WSDOT Vashon Seismic Retrofit Project. WCRO issued a 
Biological Opinion in May 2015, which concludes that the proposed 
Vashon Seismic Retrofit 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 FTA 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 FTA in May 2015, 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

[[Page 32363]]

species apart from those that were considered in the consultation on 
FTA'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 
Vashon Seismic Retrofit 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 nine marine mammal species incidental to the Vashon 
Seismic Retrofit Project in Washington State, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: June 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-13890 Filed 6-5-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32357 Weighted Cash Deposit Requirements of APO materials, or conversion to Exporter average The following cash deposit judicial protective order, is hereby margin requested. Failure to comply with the (percent) requirements will be effective for all shipments of subject merchandise regulations and terms of an APO is a Linyi City Kangfa Foodstuff entered, or withdrawn from warehouse, sanctionable violation. Drinkable Co., Ltd. .................. 75.67 for consumption on or after the We are issuing and publishing these Zhangzhou Gangchang Canned publication date of the final results of results and this notice in accordance Foods Co., Ltd. ....................... 99.71 this administrative review, as provided with sections 751(a)(1) and 777(i) of the by section 751(a)(2)(C) of the Act: (1) Act. Disclosure For the exporters listed above, the cash Dated: June 1, 2015. The Department will disclose deposit rate will be the rate established Ronald K. Lorentzen, calculations performed for these final in the final results of this review; (2) for Acting Assistant Secretary for Enforcement results to the parties within five days of previously investigated or reviewed PRC and Compliance. the date of publication of this notice, in and non-PRC exporters which are not under review in this segment of the List of Topics Discussed in the accordance with 19 CFR 351.224(b). Accompanying Issues and Decision proceeding but received a separate rate Assessment Rates in a previous segment, the cash deposit Memorandum Pursuant to section 751(a)(2)(C) of the rate will continue to be the exporter- Summary Tariff Act of 1930, as amended (the Act) specific rate published for the most Background and 19 CFR 351.212(b), the Department recently-completed period; (3) for all Scope of the Order PRC exporters of subject merchandise Discussion of Issues will determine, and CBP shall assess, Comment 1 Land Rent antidumping duties on all appropriate which have not been found to be entitled to a separate rate, the cash Comment 2 Well Water and Casing Soil entries of subject merchandise covered Comment 3 Labor Cost by this review. The Department intends deposit rate will be that for the PRC- Comment 4 Glass Jars and Metal Caps to issue assessment instructions to CBP wide entity (i.e., 308.33 percent); 13 and Comment 5 Compost Offset 15 days after the date of publication of (4) for all non-PRC exporters of subject Comment 6 Surrogate Financial Ratios these final results of review. merchandise which have not received Recommendation For assessment purposes, for both their own rate, the cash deposit rate will [FR Doc. 2015–13975 Filed 6–5–15; 8:45 am] Gangchang and Kangfa, we will instruct be the rate applicable to the PRC BILLING CODE 3510–DS–P CBP to liquidate based upon a per-unit, exporter(s) that supplied the non-PRC importer-specific, assessment rate. This exporter. These cash deposit per-unit assessment rate is based on the requirements, when imposed, shall DEPARTMENT OF COMMERCE ratio of the total amount of dumping remain in effect until further notice. calculated for the importer’s examined Notification to Importers National Oceanic and Atmospheric sales to the total entered quantity of Administration This notice serves as a final reminder those same sales.11 For the 47 to importers of their responsibility RIN 0648–XD644 companies identified above as being under 19 CFR 351.402(f)(2) to file a part of the PRC-wide entity, any entries certificate regarding the reimbursement Taking of Marine Mammals Incidental will be assessed at the PRC-wide rate. of antidumping duties prior to to Specified Activities; Vashon Seismic On October 24, 2011, the Department liquidation of the relevant entries Retrofit Project announced a refinement to its during this POR. Failure to comply with AGENCY: National Marine Fisheries assessment practice in non-market this requirement could result in the Service (NMFS), National Oceanic and economy cases.12 Pursuant to this Department’s presumption that Atmospheric Administration (NOAA), refinement in practice, for entries that reimbursement of antidumping duties Commerce. were not reported in the U.S. sales occurred and the subsequent assessment databases submitted by companies ACTION: Notice; issuance of an incidental of double antidumping duties. take authorization. individually examined during this review, the Department will instruct Notification Regarding Administrative SUMMARY: In accordance with the CBP to liquidate at the PRC-wide rate. Protective Order Marine Mammal Protection Act In addition, if the Department This notice also serves as a reminder (MMPA) regulations, notification is determines that an exporter had no to parties subject to administrative hereby given that NMFS has issued an shipments of the subject merchandise, protective order (APO) of their Incidental Harassment Authorization any suspended entries that entered responsibility concerning the return or (IHA) to the Washington State under that exporter’s case number (i.e., destruction of proprietary information Department of Transportation (WSDOT) at that exporter’s rate) will be liquidated disclosed under APO in accordance to take, by harassment, small numbers at the PRC-wide rate. with 19 CFR 351.305(a)(3), which of nine species of marine mammals As noted above, the Department continues to govern business incidental to construction activities for determines that XITIC and Zhangzhou proprietary information in this segment Vashon Seismic Retrofit Project in Hongda did not have any reviewable of the proceeding. Timely written Vashon Island, Washington, between transactions during the POR. As a result, notification of the return or destruction August 1, 2015, and July 31, 2016. mstockstill on DSK4VPTVN1PROD with NOTICES any suspended entries that entered DATES: Effective August 1, 2015, through under these exporters’ case numbers 13 In the Preliminary Results, we inadvertently identified the rate applicable to the PRC-wide entity July 31, 2016. will be liquidated at the PRC-wide rate. as 303.80 percent. We have corrected that error in ADDRESSES: Requests for information on these final results to reflect the correct rate of the incidental take authorization should 11 See19 CFR 351.212(b)(1). 308.33 percent. See Certain Preserved Mushrooms 12 SeeNon-Market Economy Antidumping From the People’s Republic of China: Final Results be addressed to Jolie Harrison, Chief, Proceedings: Assessment of Antidumping Duties, 76 of Antidumping Duty Administrative Review; 2012– Permits and Conservation Division, FR 65694 (October 24, 2011). 2013, 79 FR 12150, 12152 (March 4, 2014). Office of Protected Resources, National VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

32358 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices Marine Fisheries Service, 1315 East- harassment of marine mammals. Within (Orcinus orca), gray whale (Eschrichtius West Highway, Silver Spring, MD 45 days of the close of the comment robustus), minke whale (Balaenoptera 20910. A copy of the application period, NMFS must either issue or deny acutorostrata), and humpback whale containing a list of the references used the authorization. (Megaptera novaeangliae). in this document, NMFS’ General information on the marine Summary of Request mammal species found in the vicinity of Environmental Assessment (EA), Finding of No Significant Impact On June 20, 2014, WSDOT submitted the project area in Washington waters (FONSI), and the IHA may be obtained a request to NOAA requesting an IHA can be found in Caretta et al. (2014), by writing to the address specified for the possible harassment of small which is available at the following URL: above or visiting the Internet at: numbers of nine marine mammal http://www.nmfs.noaa.gov/pr/sars/pdf/ http://www.nmfs.noaa.gov/pr/permits/ species incidental to construction po2013.pdf. Specific information incidental/. associated with the Vashon Seismic concerning these species in the vicinity Documents cited in this notice may be Retrofit Project at the Vashon Ferry of the action area is provided in the viewed, by appointment, during regular Terminal in Vashon Island, Washington Federal Register notice for the proposed business hours, at the aforementioned between August 1, 2015, and February IHA and in WSDOT’s IHA application. address. 15, 2016. On December 15, 2014, Therefore, it is not repeated here. WSDOT added a test pile drive and FOR FURTHER INFORMATION CONTACT: Potential Effects of the Specified removal program to the Vashon Seismic Shane Guan, Office of Protected Activity on Marine Mammals Retrofit Project and submitted a revised Resources, NMFS, (301) 427–8401. The effects of underwater noise from IHA application. The information SUPPLEMENTARY INFORMATION: provided here is based on WSDOT’s in-water pile removal and pile driving Background December 15, 2014, IHA application. associated with the Vashon Seismic Retrofit Project has the potential to Sections 101(a)(5)(A) and (D) of the Description of the Specified Activity result in behavioral harassment of MMPA (16 U.S.C. 1361 et seq.) direct A detailed description of the marine mammal species and stocks in the Secretary of Commerce to allow, WSDOT’s Vashon Seismic Retrofit the vicinity of the action area. The upon request, the incidental, but not Project is provided in the Federal Notice of Proposed IHA included a intentional, taking of small numbers of Register notice for the proposed IHA (79 discussion of the effects of marine mammals by U.S. citizens who FR 78821; December 31, 2014). Since anthropogenic noise on marine engage in a specified activity (other than that time, no changes have been made mammals, which is not repeated here. commercial fishing) within a specified to the proposed construction activities No instances of hearing threshold shifts, geographical region if certain findings at the Vashon Seismic Retrofit Project. injury, serious injury, or mortality are are made and either regulations are Therefore, a detailed description is not expected as a result of WSDOT’s issued or, if the taking is limited to provided here. Please refer to that activities given the strong likelihood harassment, a notice of a proposed Federal Register notice for the that marine mammals would avoid the authorization is provided to the public description of the specific activity. immediate vicinity of the pile driving for review. area. An authorization for incidental Comments and Responses takings shall be granted if NMFS finds A notice of NMFS’ proposal to issue Potential Effects on Marine Mammal that the taking will have a negligible an IHA to WSDOT was published in the Habitat impact on the species or stock(s), will Federal Register on December 31, 2014. The primary potential impacts to not have an unmitigable adverse impact That notice described, in detail, marine mammals and other marine on the availability of the species or WSDOT’s activity, the marine mammal species are associated with elevated stock(s) for subsistence uses (where species that may be affected by the sound levels, but the project may also relevant), and if the permissible activity, and the anticipated effects on result in additional effects to marine methods of taking and requirements marine mammals. During the 30-day mammal prey species and short-term pertaining to the mitigation, monitoring public comment period, NMFS received local water turbidity caused by in-water and reporting of such takings are set comments from the Marine Mammal construction due to pile removal and forth. NMFS has defined ‘‘negligible Commission (Commission). The pile driving. These potential effects are impact’’ in 50 CFR 216.103 as ‘‘. . . an Commission recommends NMFS issue discussed in detail in the Federal impact resulting from the specified the IHA to WSDOT, subject to inclusion Register notice for the proposed IHA activity that cannot be reasonably of the proposed mitigation and and are not repeated here. expected to, and is not reasonably likely monitoring measures described in the to, adversely affect the species or stock proposed IHA. NMFS agrees with the Mitigation Measures through effects on annual rates of Commission’s recommendation and In order to issue an incidental take recruitment or survival.’’ issued the IHA with mitigation and authorization under section 101(a)(5)(D) Section 101(a)(5)(D) of the MMPA monitoring measures described below. of the MMPA, NMFS must prescribe, established an expedited process by where applicable, the permissible which citizens of the U.S. can apply for Description of Marine Mammals in the methods of taking pursuant to such a one-year authorization to incidentally Area of the Specified Activity activity, and other means of effecting take small numbers of marine mammals The marine mammal species under the least practicable adverse impact on mstockstill on DSK4VPTVN1PROD with NOTICES by harassment, provided that there is no NMFS jurisdiction most likely to occur such species or stock and its habitat, potential for serious injury or mortality in the construction area include Pacific paying particular attention to rookeries, to result from the activity. Section harbor seal (Phoca vitulina richardsi), mating grounds, and areas of similar 101(a)(5)(D) establishes a 45-day time California sea lion (Zalophus significance, and on the availability of limit for NMFS review of an application californianus), Steller sea lion such species or stock for taking for followed by a 30-day public notice and (Eumetopias jubatus), harbor porpoise certain subsistence uses. comment period on any proposed (Phocoena phocoena), Dall’s porpoise For WSDOT’s Vashon Seismic Retrofit authorizations for the incidental (Phocoenoides dalli), killer whale Project, NMFS is requiring WSDOT to VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32359 implement the following mitigation injury (Level A harassment) and thus driving) and non-impulses noise sources measures to minimize the potential eliminate the need for an exclusion zone (vibratory pile driving and mechanic impacts to marine mammals in the for Level A harassment. dismantling), respectively. project vicinity as a result of the in- Time Restriction For the test pile program, because water construction activities. glacial till soils will be harder to drive Work would occur only during Use of Noise Attenuation Devices through, the assumed attenuation will daylight hours, when visual monitoring be 8–10 dB, the same bubble-curtain of marine mammals can be conducted. Noise attenuation systems (i.e., bubble attenuation used in the current In addition, all in-water construction curtains) will be used during all impact consultation. Based on the 2009 Vashon will be limited to the period between pile driving of steel piles to dampen the Test Pile, source levels for impact August 1, 2015, and February 15, 2016. acoustic pressure and reduce the impact driving of 30’’ piles are 210 dB (peak), on marine mammals. By reducing Establishment of Exclusion Zone and 181 dB (SEL), and 189 dB (rms) underwater sound pressure levels at the Level B Harassment Zones of Influence measured at 16 m (Pile P–8 source, bubble curtains would reduce Before the commencement of in-water Unmitigated) (WSDOT 2010). the area over which Level B harassment pile driving activities, WSDOT shall The exclusion zones for Level A would occur, thereby potentially establish Level B behavioral harassment harassment and ZOIs for Level B reducing the numbers of marine ZOIs where received underwater sound harassment are modeled based on in- mammals affected. In addition, the pressure levels (SPLs) are higher than water measurements during the WSF bubble curtain system would reduce 160 dB (rms) and 120 dB (rms) re 1 mPa Bainbridge Island Ferry Terminal and sound levels below the threshold for for impulse noise sources (impact pile presented in Table 1 below. TABLE 1—MODELED MAXIMUM LEVEL A AND LEVEL B HARASSMENT ZONES FOR VARIOUS PILE DRIVING ACTIVITIES Distance to Distance to Distance to Distance to ZOI size Pile driving methods 190 dB * 180 dB 160 dB 121 ** dB ZOI No. (km2) (m) (m) (m) (m) Vibratory pile driving/removal (24-in steel pile) ................... NA NA NA 5,500 ZOI–1 ...... 44 km2 Vibratory pile driving/removal (13-in timber pile) ................. NA NA NA 2,000 ZOI–2 ....... 5.6 km2 Vibratory pile removal (30-in steel pile) ............................... NA NA NA 21,500 ZOI–3 ....... 151 km2 Test impact pile driving (assume 8 dB reduction w/attenu- 4.0 19 402 NA ZOI–4 ....... 0.4 km2 ation devices). Impact driving (24-in steel pile) ........................................... 3.0 12 251 NA ZOI–5 ...... 0.07 km2 Impact pile driving (13-in timber) ......................................... NA NA 46 NA ZOI–6 ....... 1,769 m2 * SPLs are dB re 1 μPa rms. ** Since the median ambient noise level at the Project area is 121 dB re 1 μPa (rms), this level will be used as the threshold for vibratory pile driving and removal. Soft Start zone. In-water construction activities marine mammals are sighted within the shall be suspended until the marine vicinity of the project area and are A ‘‘soft-start’’ technique is intended to mammal is sighted moving away from approaching the Level B harassment allow marine mammals to vacate the the exclusion zone, or if the animal is zone during in-water construction area before the pile driver reaches full not sighted for 30 minutes after the activities. power. Whenever there has been shutdown. downtime of 30 minutes or more In addition, WSDOT shall implement Mitigation Conclusions without pile driving, the contractor will shutdown measures if southern resident Based on our evaluation of the initiate the driving with ramp-up killer whales are sighted within the prescribed mitigation measures, NMFS procedures described below. vicinity of the project area and are has determined the measures provide Soft start for vibratory hammers approaching the Level B harassment the means of effecting the least requires contractors to initiate hammer zone (zone of influence, or ZOI) during practicable impact on marine mammal noise for 15 seconds at reduced energy in-water construction activities. species or stocks and their habitat, followed by a 1-minute waiting period. If a killer whale approaches the ZOI paying particular attention to rookeries, The procedure will be repeated two during pile driving or removal, and it is mating grounds, and areas of similar additional times. Soft start for impact unknown whether it is a Southern significance. hammers requires contractors to provide Resident killer whale or a transient an initial set of three strikes from the killer whale, it shall be assumed to be Monitoring and Reporting impact hammer at 40 percent energy, a Southern Resident killer whale and Monitoring Measures followed by a 1-minute waiting period, WSDOT shall implement the shutdown then two subsequent three-strike sets. measure. Any ITA issued under section Each day, WSDOT will use the soft-start If a Southern Resident killer whale or 101(a)(5)(D) of the MMPA is required to technique at the beginning of pile an unidentified killer whale enters the prescribe, where applicable, mstockstill on DSK4VPTVN1PROD with NOTICES driving or removal, or if pile driving or ZOI undetected, in-water pile driving or ‘‘requirements pertaining to the removal has ceased for more than one pile removal shall be suspended until monitoring and reporting of such hour. the whale exits the ZOI to avoid further taking’’. The MMPA implementing level B harassment. regulations at 50 CFR 216.104 (a)(13) Shutdown Measures Further, WSDOT shall implement state that requests for ITAs must include WSDOT shall implement shutdown shutdown measures if the number of the suggested means of accomplishing measures if a marine mammal is sighted any allotted marine mammal takes the necessary monitoring and reporting approaching the Level A exclusion reaches the limit under the IHA, if such that will result in increased knowledge VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

32360 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices of the species and of the level of taking collected by the Orca Network using (e.g., ship-strike, gear interaction, and/or or impacts on populations of marine hydrophone systems to maximize entanglement), WSDOT shall mammals that are expected to be marine mammal detection in the project immediately cease all operations and present in the action area. vicinity. immediately report the incident to the WSDOT shall employee NMFS- Data collection during marine Permits and Conservation Division, approved protected species observers mammal monitoring will consist of a Office of Protected Resources, NMFS, (PSOs) to conduct marine mammal count of all marine mammals by and the West Coast Regional Stranding monitoring for its Vashon Seismic species, a description of behavior (if Coordinators. The report must include Retrofit Project. The PSOs will observe possible), location, direction of the following information: and collect data on marine mammals in movement, type of construction that is (i) Time, date, and location (latitude/ and around the project area for 30 occurring, time that pile replacement longitude) of the incident; minutes before, during, and for 30 work begins and ends, any acoustic or (ii) Description of the incident; minutes after all pile removal and pile visual disturbance, and time of the (iii) Status of all sound source use in installation work. If a PSO observes a observation. Environmental conditions the 24 hours preceding the incident; marine mammal within a ZOI that such as weather, visibility, temperature, (iv) Environmental conditions (e.g., appears to be disturbed by the work tide level, current, and sea state would wind speed and direction, Beaufort sea activity, the PSO will notify the work also be recorded. state, cloud cover, visibility, and water crew to initiate shutdown measures. NMFS has determined that the depth); Monitoring of marine mammals monitoring measures described above (v) Description of marine mammal around the construction site shall be are adequate, particularly as they relate observations in the 24 hours preceding conducted using high-quality binoculars to assessing the level of taking or the incident; (e.g., Zeiss, 10 × 42 power). Due to the impacts to affected species. The land- (vi) Species identification or different sizes of ZOIs from different based PSOs are expected to be description of the animal(s) involved; pile driving/removal methods and pile positioned in a location that will (vii) The fate of the animal(s); and sizes, ZOIs corresponding to a specific maximize their abilities to detect marine (viii) Photographs or video footage of pile driving/removal methods listed in mammals and will also utilize the animal (if equipment is available). binoculars to improve detection rates. Activities shall not resume until Table 1 will be monitored according to NMFS is able to review the the following monitoring protocols at Reporting Measures circumstances of the prohibited take. different locations. • The required monitoring distances WSF will provide NMFS with a draft NMFS shall work with WSDOT to will be determined by using a range monitoring report within 90 days of the determine what is necessary to finder or hand-held global positioning conclusion of the proposed construction minimize the likelihood of further system device. work, or within 90 days after the prohibited take and ensure MMPA • ZOI–1 will be monitored by one expiration of this IHA, whichever comes compliance. WSDOT may not resume land-based biologist at the terminal first. This report will detail the their activities until notified by NMFS work site, and one boat with a pilot and monitoring protocol, summarize the via letter, email, or telephone. a biologist that will travel through the data recorded during monitoring, and (B) In the event that WSDOT monitoring area. estimate the number of marine discovers an injured or dead marine • ZOI–2 will be monitored by one mammals that may have been harassed. mammal, and the lead PSO determines land-based biologist at the terminal If comments are received from the that the cause of the injury or death is work site, and one boat with a pilot and NMFS West Coast Regional unknown and the death is relatively a biologist that will travel through the Administrator or NMFS Office of recent (i.e., in less than a moderate state monitoring area. Protected Resources on the draft report, of decomposition as described in the • ZOI–3 will be monitored by five a final report will be submitted to NMFS next paragraph), WSDOT will land-based biologists, and one boat with within 30 days thereafter. If no immediately report the incident to the a pilot and a biologist that will travel comments are received from NMFS, the Permits and Conservation Division, through the monitoring area. draft report will be considered to be the Office of Protected Resources, NMFS, • ZOI–4 will be monitored by one final report. and the West Coast Regional Stranding land-based biologist at the terminal Coordinators. The report must include Notification of Injured or Dead Marine the same information identified above. work site, and one boat with a pilot and Mammals Activities may continue while NMFS a biologist that will travel through the monitoring area. In addition to the reporting measures reviews the circumstances of the • ZOI–5 will be monitored by one listed above, NMFS will require that incident. NMFS will work with WSDOT land-based biologist at the terminal WSDOT notify NMFS’ Office of to determine whether modifications in work site, and one boat with a pilot and Protected Resources and NMFS’ the activities are appropriate. a biologist that will travel through the Stranding Network of sighting an (C) In the event that WSDOT monitoring area. injured or dead marine mammal in the discovers an injured or dead marine • ZOI–6 will be monitored by two vicinity of marine operations. mammal, and the lead PSO determines land-based biologists from the terminal Depending on the circumstance of the that the injury or death is not associated work site. incident, WSDOT shall take one of the with or related to the activities The geographic location of each ZOI following reporting protocols when an authorized in the IHA (e.g., previously mstockstill on DSK4VPTVN1PROD with NOTICES is provided in maps of WSDOT’s marine injured or dead marine mammal is wounded animal, carcass with moderate mammal monitoring plan. discovered in the vicinity of the action to advanced decomposition, or WSDOT will contact the Orca area. scavenger damage), WSDOT shall report Network and/or Center for Whale (A) In the unanticipated event that the the incident to the Permits and Research to find out the location of the construction activities clearly cause the Conservation Division, Office of nearest marine mammal sightings. In take of a marine mammal in a manner Protected Resources, NMFS, and the addition, WSDOT will utilize marine prohibited by this Authorization, such West Coast Regional Stranding mammal occurrence information as an injury, serious injury or mortality Coordinators, within 24 hours of the VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32361 discovery. WSDOT shall provide Estimated Take by Incidental Currently, NMFS uses 120 dB re 1 mPa photographs or video footage (if Harassment and 160 dB re 1 mPa at the received available) or other documentation of the levels for the onset of Level B stranded animal sighting to NMFS and As discussed above, in-water pile harassment from non-impulse (vibratory the Marine Mammal Stranding Network. removal and pile driving (vibratory and pile driving and removal) and impulse WSDOT can continue its operations impact) generate loud noises that could sources (impact pile driving) under such a case. potentially harass marine mammals in underwater, respectively. Table 2 the vicinity of WSDOT’s Vashon summarizes the current NMFS marine Seismic Retrofit Project. mammal take criteria. TABLE 2—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER Criterion Criterion definition Threshold Level A Harassment (Injury) .......... Permanent Threshold Shift (PTS) (Any level above that which is 180 dB re 1 μPa (cetaceans). 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 m/62 ft) will be used to set the 30-inch the construction window. Typically, established that encompass the areas steel test pile exclusion zone. potential take is estimated by where received underwater sound In-water measurements for impact multiplying the area of the ZOI by the pressure levels exceed the applicable driving of 13-inch timber piling are not local animal density. This provides an thresholds for Level B harassment. available. Impact driving of 12-inch estimate of the number of animals that There will not be a zone for Level A timber piling generated 170 dB RMS might occupy the ZOI at any given harassment in this case, because the (WSF 2014). The source level for 13- moment. However, there are no density bubble curtain system will keep all inch timber piles shall be assumed to be estimates for any Puget Sound underwater noise below the threshold the same as 12-inch timber piles. A population of marine mammals. As a for Level A harassment. bubble curtain will not be used during result, the take requests were estimated impact driving of timber piles. Sound Levels From Proposed Using practical spreading model to using local marine mammal data sets Construction Activity calculate sound propagation loss, Table (e.g., Orca Network, state and federal As mentioned earlier, the project 2 provides the estimated maximum agencies), opinions from state and includes impact driving and proofing of distances for a variety of harassment federal agencies, and observations from 24-inch hollow steel piling, impact zones. Navy biologists. driving of 13-inch timber piling, and As explained above, exclusion zones Based on the estimates, approximately impact driving of 30-inch steel test and ZOIs will be established that 1,919 Pacific harbor seals, 1,919 piles. encompass the areas where received California sea lions, 644 Steller sea Based on in-water measurements underwater SPLs exceed the applicable lions, 438 harbor porpoises, 146 Dall’s during the WSF Bainbridge Island Ferry thresholds for Level A and Level B porpoises, 54 killer whales (50 transient, Terminal, impact pile driving of a 24- harassment, respectively. Incidental take for each species is 4 Southern Resident killer whales), 71 inch steel pile generated 170 dB RMS (overall average), with the highest estimated by determining the likelihood gray whales, 36 humpback whales, and measured at 189 dB RMS measured at of a marine mammal being present 36 minke whales could be exposed to 10 meters (Laughlin 2005). A bubble within a ZOI during pile removal and received sound levels that could result curtain will be used to attenuate steel pile driving. Expected marine mammal in takes from the proposed Vashon pile impact driving noise. presence is determined by past Seismic Retrofit Project. A summary of For the test pile program, the more observations and general abundance the estimated takes is presented in Table conservative cetacean injury zone (19 near the Vashon Ferry Terminal during 3. TABLE 3—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED PILE REMOVAL LEVELS ABOVE 121 dB re 1 μPa (RMS) Estimated Species marine mammal Abundance Percentage takes Pacific harbor seal ................................................................................................... 1,919 14,612 13 California sea lion .................................................................................................... 1,919 296,750 0.7 Steller sea lion ......................................................................................................... 644 63,160 1.0 Harbor porpoise ....................................................................................................... 438 10,682 4.0 mstockstill on DSK4VPTVN1PROD with NOTICES Dall’s porpoise * ....................................................................................................... 146 42,000 0.3 Killer whale, transient .............................................................................................. 50 521 9.6 Killer whale, Southern Resident .............................................................................. 4 85 4.7 Gray whale ............................................................................................................... 71 19,126 0.4 Humpback whale ..................................................................................................... 36 1,918 1.9 Minke whale ............................................................................................................. 36 478 7.5 * The Federal Register notice for the proposed IHA erroneously stated that the estimated takes for Dall’s porpoise to be 136 individuals. It is corrected in this document as 146 individuals. The results of the analysis and the percentage of the take by its population remain the same. VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

32362 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices Analysis and Determinations the type and dimension of the pile. populations of these species that could These low-intensity, localized, and be affected by Level B behavioral Negligible Impact short-term noise exposures may cause harassment, respectively (see Table 2 Negligible impact is ‘‘an impact brief startle reactions or short-term above), which are small percentages resulting from the specified activity that behavioral modification by the animals. relative to the total populations of the cannot be reasonably expected to, and is These reactions and behavioral changes affected species or stocks. not reasonably likely to, adversely affect are expected to subside quickly when Based on the analysis contained the species or stock through effects on the exposures cease. Moreover, the herein of the likely effects of the annual rates of recruitment or survival’’ proposed mitigation and monitoring specified activity on marine mammals (50 CFR 216.103). A negligible impact measures are expected to reduce and their habitat, and taking into finding is based on the lack of likely potential exposures and behavioral consideration the implementation of the adverse effects on annual rates of modifications even further. mitigation and monitoring measures, recruitment or survival (i.e., population- Additionally, no important feeding and/ which are expected to reduce the level effects). An estimate of the number or reproductive areas for marine number of marine mammals potentially of Level B harassment takes, alone, is mammals are known to be near the affected by the proposed action, NMFS not enough information on which to proposed action area. Therefore, the finds that small numbers of marine base an impact determination. In take resulting from the proposed Vashon mammals will be taken relative to the addition to considering estimates of the Seismic Retrofit Project is not populations of the affected species or number of marine mammals that might reasonably expected to, and is not stocks. be ‘‘taken’’ through behavioral reasonably likely to, adversely affect the harassment, NMFS must consider other Impact on Availability of Affected marine mammal species or stocks Species for Taking for Subsistence Uses factors, such as the likely nature of any through effects on annual rates of responses (their intensity, duration, recruitment or survival. There are no subsistence uses of etc.), the context of any responses The project also is not expected to marine mammals in the proposed (critical reproductive time or location, have significant adverse effects on project area; and, thus, no subsistence migration, etc.), as well as the number affected marine mammals’ habitat, as uses impacted by this action. Therefore, and nature of estimated Level A analyzed in detail in the ‘‘Anticipated NMFS has determined that the total harassment takes, the number of Effects on Marine Mammal Habitat’’ taking of affected species or stocks estimated mortalities, and effects on section. The project activities would not would not have an unmitigable adverse habitat. modify existing marine mammal habitat. impact on the availability of such WSDOT’s Vashon Seismic Retrofit The activities may cause some fish to species or stocks for taking for Project would involve pile removal and leave the area of disturbance, thus subsistence purposes. pile driving activities. Elevated temporarily impacting marine Endangered Species Act (ESA) underwater noises are expected to be mammals’ foraging opportunities in a generated as a result of these activities; limited portion of the foraging range; The humpback whale and Southern however, these noises are expected to but, because of the short duration of the Resident stock of killer whale are the result in no mortality or Level A activities and the relatively small area of only marine mammal species currently harassment and limited, if any, Level B the habitat that may be affected, the listed under the ESA that could occur in harassment of marine mammals. impacts to marine mammal habitat are the vicinity of WSDOT’s Vashon WSDOT would use noise attenuation not expected to cause significant or Seismic Retrofit Project. Under section 7 devices (i.e., bubble curtains) during the long-term negative consequences. of the ESA, the Federal Transit impact pile driving of steel piles, thus Based on the analysis contained Administration (FTA) and WSDOT have eliminating the potential for injury herein of the likely effects of the consulted with NMFS West Coast (including PTS) and TTS from impact specified activity on marine mammals Regional Office (WCRO) on the driving. For vibratory pile removal and and their habitat, and taking into proposed WSDOT Vashon Seismic pile driving and impact pile driving of consideration the implementation of the Retrofit Project. WCRO issued a timber piles, noise levels are not proposed monitoring and mitigation Biological Opinion in May 2015, which expected to reach the level that may measures, NMFS finds that the total concludes that the proposed Vashon cause TTS, injury (including PTS), or marine mammal take from WSDOT’s Seismic Retrofit Project may affect, but mortality to marine mammals. Vashon Seismic Retrofit Project will is not likely to adversely affect the listed Therefore, NMFS does not expect that have a negligible impact on the affected marine mammal species and stocks. any animals would experience Level A marine mammal species or stocks. The issuance of an IHA to WSDOT harassment (including injury or PTS) or constitutes an agency action that Level B harassment in the form of TTS Small Number authorizes an activity that may affect from being exposed to in-water pile Based on analyses provided above, it ESA-listed species and, therefore, is removal and pile driving associated is estimated that approximately 1,919 subject to section 7 of the ESA. As the with WSDOT’s construction project. harbor seals, 1,919 California sea lions, effects of the activities on listed marine In addition, WSDOT’s activities are 644 Steller sea lions, 438 harbor mammals were analyzed during a localized and of short duration. The porpoises, 136 Dall’s porpoises, 50 formal consultation between the FTA entire project area is limited to transient killer whales, 4 Southern and NMFS, and as the underlying action WSDOT’s Vashon ferry terminal in Resident killer whales, 71 gray whales, has not changed from that considered in mstockstill on DSK4VPTVN1PROD with NOTICES Vashon Island. The entire project would 36 humpback whales, and 36 minke the consultation, the discussion of involve the removal of 106 existing whales could be exposed to received effects that are contained in the timber piles and installation of 119 steel noise levels that could cause Level B Biological Opinion and accompanying piles. In addition, 96 temporary piles behavioral harassment from the memo issued to the FTA in May 2015, will be installed and then removed proposed construction work at the pertains also to this action. Therefore, during the project. The duration for pile Vashon ferry terminal in Washington NMFS has determined that issuance of driving and removal lasts for about 10 State. These numbers represent an IHA for this activity would not lead to 120 minutes per pile, depending on approximately 0.3% to 14% of the to any effects to listed marine mammal VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32363 species apart from those that were ADDRESSES: The LOA and supporting of natural behavioral patterns, considered in the consultation on FTA’s documentation may be obtained by including, but not limited to, migration, action. writing to Jolie Harrison, Supervisor, surfacing, nursing, breeding, feeding, or Incidental Take Program, Permits and sheltering, to a point where such National Environmental Policy Act Conservation Division, Office of behavioral patterns are abandoned or (NEPA) Protected Resources, NMFS, 1315 East- significantly altered [Level B NMFS prepared an Environmental West Highway, Silver Spring, MD Harassment].’’ Because the Navy’s Assessment (EA) and analyzed the 20910, calling the contact listed under activities constitute military readiness potential impacts to marine mammals FOR FURTHER INFORMATION CONTACT, or activities, they are not subject to the that would result from WSDOT’s visiting the Internet at: http:// small numbers or specified geographic Vashon Seismic Retrofit Project. A www.nmfs.noaa.gov/pr/permits/ region limitations. Finding of No Significant Impact incidental.htm. Documents cited in this Regulations governing the take of five (FONSI) was signed in May 2015. A notice may also be viewed, by species of marine mammals, by Level B copy of the EA and FONSI is available appointment, during regular business harassment, incidental to the JLOTS upon request (see ADDRESSES). hours at the above address. training activities were effective on June Authorization FOR FURTHER INFORMATION CONTACT: 2, 2015. These regulations are effective Shane Guan, Office of Protected from June 2, 2015, through June 1, 2020. NMFS has issued an IHA to WSDOT The species which are authorized for for the potential harassment of small Resources, NMFS, (301) 427–8401. taking by Level B harassment are: numbers of nine marine mammal SUPPLEMENTARY INFORMATION: Bottlenose and Atlantic spotted species incidental to the Vashon Background dolphins. For detailed information on Seismic Retrofit Project in Washington this action, please refer to the final rule State, provided the previously Section 101(a)(5)(A) of the MMPA (16 published on June 2, 2015. These mentioned mitigation, monitoring, and U.S.C. 1361 et seq.) directs the Secretary regulations include mitigation, reporting requirements are incorporated. of Commerce (Secretary) to allow, upon monitoring, and reporting requirements request, the incidental, but not for the incidental take of marine Dated: June 2, 2015. intentional taking of small numbers of mammals during the specified activities. Donna S. Wieting, marine mammals by U.S. citizens who Director, Office of Protected Resources, This LOA is effective from June 2, engage in a specified activity (other than 2015, through June 1, 2020, and National Marine Fisheries Service. commercial fishing) within a specified authorizes the incidental take of the five [FR Doc. 2015–13890 Filed 6–5–15; 8:45 am] geographical region if certain findings BILLING CODE 3510–22–P marine mammal species listed above are made and regulations are issued. that may result from launches, aircraft Under the MMPA, the term ‘‘take’’ and helicopter operations, and harbor means to harass, hunt, capture, or kill or activities related to vehicles from VAFB, DEPARTMENT OF COMMERCE to attempt to harass, hunt, capture, or California. National Oceanic and Atmospheric kill any marine mammal. Authorization for incidental takings Dated: June 2, 2015. Administration Donna S. Wieting, may be granted if NMFS finds that the RIN 0648–BE51 taking will have a negligible impact on Director, Office of Protected Resources, the species or stock(s), will not have an National Marine Fisheries Service. Takes of Marine Mammals Incidental to unmitigable adverse impact on the [FR Doc. 2015–13891 Filed 6–5–15; 8:45 am] Specified Activities; U.S. Navy Joint availability of the species or stock(s) for BILLING CODE 3510–22–P Logistics Over-the-Shore Training certain subsistence uses, and that the Activities in Virginia and North permissible methods of taking and Carolina requirements pertaining to the DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries mitigation, monitoring and reporting of National Oceanic and Atmospheric Service (NMFS), National Oceanic and such taking are set forth. NMFS has Administration Atmospheric Administration (NOAA), defined ‘‘negligible impact’’ in 50 CFR Commerce. 216.103 as: ‘‘an impact resulting from RIN 0648–XD970 ACTION: Notice of issuance of a Letter of the specified activity that cannot be reasonably expected to, and is not Pacific Whiting; Advisory Panel; Joint Authorization. reasonably likely to, adversely affect the Management Committee SUMMARY: In accordance with the species or stock through effects on AGENCY: National Marine Fisheries Marine Mammal Protection Act annual rates of recruitment or survival.’’ Service (NMFS), National Oceanic and (MMPA), as amended, and The National Defense Authorization Atmospheric Administration (NOAA), implementing regulations, notification Act of 2004 (NDAA) (Public Law 108– Commerce. is hereby given that a Letter of 136) removed the ‘‘small numbers’’ and ACTION: Notice; call for nominations. Authorization (LOA) has been issued to ‘‘specified geographical region’’ the U.S. Navy (NAVY) to take marine limitations and amended the definition SUMMARY: NMFS is soliciting mammals, by harassment, incidental to of ‘‘harassment’’ as it applies to a nominations for appointments to the the Joint Logistics Over-the-Shore ‘‘military readiness activity’’ to read as United States Advisory Panel (AP) and (JLOTS) training activities conducted in mstockstill on DSK4VPTVN1PROD with NOTICES follows (Section 3(18)(B) of the MMPA): the Joint Management Committee (JMC) nearshore waters at the Joint ‘‘(i) any act that injures or has the established in the Agreement between Expeditionary Base (JEB) Little Creek- significant potential to injure a marine the Government of the United States of Fort Story in Virginia and at Camp mammal or marine mammal stock in the America and the Government of Canada Lejeune in North Carolina, from June 2, wild [Level A Harassment]; or (ii) any on Pacific Hake/Whiting (Pacific 2015 through June 1, 2020. act that disturbs or is likely to disturb Whiting Treaty). Nominations are being DATES: Effective from June 2, 2015, a marine mammal or marine mammal sought to fill six positions on the AP through June 1, 2020. stock in the wild by causing disruption beginning on September 16, 2015, and VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1


Document Created: 2018-02-22 10:12:18
Document Modified: 2018-02-22 10:12:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental take authorization.
DatesEffective August 1, 2015, through July 31, 2016.
ContactShane Guan, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation80 FR 32357 
RIN Number0648-XD64
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