80_FR_51374 80 FR 51211 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Kodiak Ferry Terminal and Dock Improvements Project

80 FR 51211 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Kodiak Ferry Terminal and Dock Improvements Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51211-51233
FR Document2015-20828

NMFS has received a request from the Alaska Department of Transportation and Public Facilities (DOT&PF) for authorization to take marine mammals incidental to reconstructing the existing ferry terminal at Pier 1 in Kodiak, Alaska, referred to as the Kodiak Ferry Terminal and Dock Improvements project (State Project Number 68938). The DOT&PF requests that the incidental harassment authorization (IHA) be valid for 1 year, from September 30, 2015 through September 29, 2016. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to the DOT&PF incidentally take, by harassment, small numbers of marine mammals for its reconstruction of the ferry terminal at Pier 1 in Kodiak, AK.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51211-51233]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20828]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE069


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Kodiak Ferry Terminal and Dock 
Improvements Project

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received a request from the Alaska Department of 
Transportation and Public Facilities (DOT&PF) for authorization to take 
marine mammals incidental to reconstructing the existing ferry terminal 
at Pier 1 in Kodiak, Alaska, referred to as the Kodiak Ferry Terminal 
and Dock Improvements project (State Project Number 68938). The DOT&PF 
requests that the incidental harassment authorization (IHA) be valid 
for 1 year, from September 30, 2015 through September 29, 2016. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an authorization to the DOT&PF 
incidentally take, by harassment, small numbers of marine mammals for 
its reconstruction of the ferry terminal at Pier 1 in Kodiak, AK.

DATES: Comments and information must be received no later than 
September 23, 2015.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at http://
www.nmfs.noaa.gov/

[[Page 51212]]

pr/permits/incidental/construction.htm without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of the DOT&PFs application and supporting 
documents, as well as a list of the references cited in this document, 
may be obtained by visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing 
these documents, please call the contact listed above.

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.''
    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].

Summary of Request

    On March 27, 2015, NMFS received an application from the DOT&PF for 
the taking of marine mammal incidental to reconstructing the existing 
ferry terminal at Pier 1 in Kodiak, Alaska, referred to as the Kodiak 
Ferry Terminal and Dock Improvements project (State Project Number 
68938). On June 18, 2015 NMFS received a revised application. NMFS 
determined that the application was adequate and complete on June 25, 
2015. DOT&PF proposes to conduct in-water work that may incidentally 
harass marine mammals (i.e., pile driving and removal). This IHA would 
be valid from September 30, 2015 through September 29, 2016.
    Proposed activities included as part of the Kodiak Ferry Terminal 
and Dock Improvements project (Pier 1 project) with potential to affect 
marine mammals include vibratory and impact pile-driving operations and 
use of a down-hole drill/hammer to install piles in bedrock.
    Species with the expected potential to be present during the 
project timeframe include killer whale (Orcinus orca), Steller sea lion 
(Eumatopius jubatus), harbor porpoise (Phocoena phocoena), and harbor 
seal (Phoca vitulina richardii).

Description of the Specified Activity

Overview

    DOT&PF is seeking an IHA for work that includes removal of the old 
timber dock and piles and installation of the new dock, including 
mooring and fender systems. The existing decking, piles, and other dock 
materials will be removed. Temporary steel H-piles will be installed to 
support temporary false work structures (i.e., templates). The new dock 
will be supported by steel piles, and dock fenders will include steel 
piles and timber piles. Note that these estimates are the number of 
days when each activity may occur at some point during the day, and 
that the number of days is not additive.

Dates and Duration

    Pile installation and extraction associated with the Pier 1 project 
will begin no sooner than September 30, 2015 and will be completed no 
later than September 29, 2016 (1 year following IHA issuance). To 
minimize impacts to pink salmon (Oncorhynchus gorbuscha) fry and coho 
salmon (O. kisutch) smolt, all in-water pile extraction and 
installation is planned to be completed by April 30, 2016. If work 
cannot be completed by April 30, the Alaska Department of Fish & Game 
(ADF&G) recommended that the DOT&PF refrain from impact pile 
installation without a bubble curtain from May 1 through June 30 within 
the 12-hour period beginning daily at the start of civil dawn (Marie 
2015). ADF&G stated that this is the daily time period when the 
majority of juvenile salmon are moving through the project area, and a 
12-hour quiet period may protect migrating juvenile salmon from 
excessive noise (Frost 2015). Impact pile installation would be 
acceptable without a bubble curtain from May 1 through June 30 in the 
evenings, beginning at 12 hours past civil dawn (Marie 2015). At this 
time, DOT&PF does not propose using bubble curtains. However, it is 
possible that in-water work may extend past April 30 in compliance with 
the mitigation for salmon as recommended by ADF&G.
    Removal of existing timber piles, installation of temporary piles 
and new permanent piles, and removal of temporary piles are expected to 
occur over approximately 120 working days over a period of 4 to 6 
months. This IHA requests authorization for up to 1 year of 
construction activities in case unforeseen construction delays occur. 
Pile extraction, pile driving, and drilling will occur intermittently 
over the work period, for anything from minutes to hours at a time 
(Table 1-1 in the application). The proposed Pier 1 project will 
require an estimated 120 days total of pile extraction and 
installation, including 80 days of vibratory extraction and 
installation, 60 days of down-hole drilling, and 22 days of impact 
hammering. Note that these days are not additive. Timing will vary 
based on the weather, delays, substrate type (the rock is layered and 
is of varying hardness across the site, so some holes will be drilled 
quickly and others may take longer), and other factors. A production 
rate of two permanent piles per day, on days when pile installation 
occurs, is considered typical for a project of this type.
    A 25 percent contingency has been added to the estimate of pile 
extraction and driving time to account for unknown substrate conditions 
(See Table 1-1 in the application). Therefore, the project may require 
approximately 614 hours of pile extraction or driving. The days for 
pile driving and extraction will not always be successive, but will be 
staggered over a 4- to 6-month period, depending on weather, 
construction and mechanical delays, marine mammal shutdowns, and other

[[Page 51213]]

potential delays and logistical constraints. The number of hours of 
pile driving within any single day will vary.

Specified Geographic Region

    The Kodiak Ferry Terminal and Dock at Pier 1 is located in the City 
of Kodiak, Alaska, at 57[deg]47'12.78'' N, 152[deg]24'09.73'' W, on the 
northeastern corner of Kodiak Island, in the Gulf of Alaska (See Figure 
1-1 in the Application). Pier 1 is an active ferry terminal and multi-
use dock located in Near Island Channel, which separates downtown 
Kodiak from Near Island (Figure 1-2). The channel is approximately 200 
meters (656 feet) wide in the project area. Pier 1 is situated between 
a marine fuel service floating dock to the northeast (Petro Marine 
Services) and a pile-supported dock owned by a shore-based seafood 
processor to the southwest. Pier 1 is separated from the seafood 
processing plant dock by only about 15 meters (50 feet; Figure 1-3).

Detailed Description of Activities

    The proposed action for this IHA request includes removal of the 
old timber dock and piles and installation of the new dock, including 
mooring and fender systems. The existing decking, piles, and other dock 
materials will be removed. Temporary steel H-piles will be installed to 
support temporary false work structures (i.e., templates). The new dock 
will be supported by steel piles, and dock fenders will include steel 
piles and timber piles. The proposed Pier 1 project will require an 
estimated 120 days total of pile extraction and installation, including 
80 days of vibratory extraction and installation, 60 days of down-hole 
drilling, and 22 days of impact hammering. Note that these estimates 
are the number of days when each activity may occur at some point 
during the day, and that the number of days is not additive. The total 
hours of pile installation for each activity is estimated in more 
detail later in this section.
    The existing dock consists of approximately 156 vertical, 13-inch-
diameter creosote-treated timber piles, 40 timber battered piles, and 
14 16-inch-diameter steel fender piles. All piles, decking, and other 
existing dock materials will be removed. The exact method for pile 
extraction will be determined by the contractor. It is anticipated that 
when possible, existing piles will be extracted by directly lifting 
them with a crane. A vibratory hammer will be used only if necessary to 
extract piles that cannot be directly lifted. Removal of each old pile 
is estimated to require 5 minutes of vibratory hammer use. Under the 
worst-case scenario, if all old piles were removed by using the 
vibratory hammer, it would require a total time of about 17.5 hours 
(See Table 1-1 in the application). If the piles break below the 
waterline, the pile stubs will be removed with a clamshell bucket.
    The exact means and method for pile installation will be determined 
by the contractor; however, a few options are available within a 
general framework. Temporary steel pipe or H-piles will be installed as 
part of a template to ensure proper placement and alignment during 
driving of the permanent steel piles. Temporary piles will be driven 
with a vibratory hammer 10-30 feet through the overburden sediment 
layer but are not expected to penetrate into the bedrock. A vibratory 
hammer will be used to remove the temporary piles, which will then be 
reinstalled at a new location. Individual temporary piles will be 
driven and removed an estimated 88 times. It is estimated that it will 
take 10 minutes of vibratory pile driving per temporary pile for 
installation and 5 minutes each for extraction, for a total of 15 
minutes of vibratory pile driving per temporary pile. For 88 temporary 
piles, this is an estimated 22 hours of total time using active 
vibratory equipment.
    The new terminal and dock will be supported by approximately 88 
round, 24-inch-diameter steel piles. The 24-inch steel piles will be 
driven 10-30 feet through the sediment layer and 15 feet into the 
bedrock. Dock fenders will be supported atop 10 round, 18-inch-diameter 
steel piles. In addition, eight round, 16-inch timber piles, which are 
somewhat variable in size from about 16 inches at the butt (top) to 
about 12 inches at the tip (bottom), will be installed as fender piles 
along the north side of the dock. Both the steel and timber fender 
piles will be driven with a vibratory hammer approximately 22 feet 
embedment, or to refusal.
    The sequence for installing the permanent 24-inch piles begins with 
insertion through overlying sediment with a vibratory hammer for about 
10 minutes per pile. A hole will then be drilled in the underlying 
bedrock by using a down-hole drill/hammer. A down-hole hammer is a 
drill bit that drills through the sediment and a pulse mechanism that 
functions at the bottom of the hole, using a pulsing bit to break up 
the harder materials or rock to allow removal of the fragments and 
insertion of the pile. The head extends so that the drilling takes 
place below the pile. Drill cuttings are expelled from the top of the 
pile as dust or mud. It is estimated that drilling piles through the 
layered bedrock will take about 5 hours per pile. Then, about five 
blows of an impact hammer will be used to confirm that piles are set 
into bedrock (proofed), for a maximum time expected of 1 minute of 
impact hammering per pile. When the impact hammer is employed for 
proofing, a pile cap or cushion will be placed between the impact 
hammer and the pile.
    All permanent 18-inch steel piles and timber piles will be driven 
into the marine sediment by using a vibratory hammer. It is anticipated 
to take about 10 minutes of vibratory driving to install each permanent 
18-inch steel and timber pile.
    Table 1-1 in the application illustrates that the project will 
require an estimated 60 hours of vibratory hammer time, 440 hours of 
down-hole drilling time, and 2 hours of impact hammer time. DOT&PF has 
conservatively added a contingency of 25% to the total hours required 
resulting in 75 hours of vibratory hammer time, 550 hours of down-hole 
drilling time, and 3 hours of impact hammer time.

Description of Marine Mammals in the Area of the Specified Activity

    Marine waters near Kodiak Island support many species of marine 
mammals, including pinnipeds and cetaceans; however, the number of 
species regularly occurring near the project area is limited. Steller 
sea lions are the most common marine mammals in the project area and 
are part of the western Distinct Population Segment (wDPS) that is 
listed as Endangered under the Endangered Species Act (ESA). Harbor 
seals (Phoca vitulina), harbor porpoises (Phocoena phocoena), and 
killer whales (Orcinus orca) may also occur in the project area, but 
far less frequently and in lower abundance than Steller sea lions. 
Humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera 
physalus), and gray whales (Eschrichtius robustus) occur in the 
nearshore waters around Kodiak Island), but are not expected to be 
found near the project area because of the narrow channel and boat 
traffic. Dall's porpoise (Phocoenoides dalli) generally inhabit more 
offshore habitats than the Near Island channel. The relatively large 
numbers of Steller sea lions in the area may serve as an additional 
deterrent for some marine mammals. This IHA application is limited to 
the species shown in Table 1 and will assess potential impacts to 
Steller sea lions, harbor seals, harbor porpoises, and killer whales.
    In the species accounts provided here, we offer a brief 
introduction to the species and relevant stock as well as available 
information regarding

[[Page 51214]]

population trends and threats, and describe any information regarding 
local occurrence.

                     Table 1--Marine Mammal Species Potentially Present in the Project Area
----------------------------------------------------------------------------------------------------------------
                                      Stock(s)
             Species                  abundance        ESA * Status        MMPA ** Status        Frequency of
                                    estimate \1\                                                  occurrence
----------------------------------------------------------------------------------------------------------------
Killer Whale (Orcinus orca)                 2,347  ...................  Non-depleted.......  Occasional.
 Eastern N. Pacific, Alaska
 Resident Stock.
Killer Whale (Orcinus orca)                   587  ...................  Non-depleted.......  Occasional.
 Eastern N. Pacific, Gulf of
 Alaska, Aleutian Islands, and
 Bering Seat Transient Stock.
Harbor Porpoise (Phocoena                  31,046  ...................  Non-depleted and     Occasional.
 phocoena) Gulf of Alaska Stock.                                         Strategic.
Steller Sea Lion (Eumetopias               52,200  Endangered.........  Depleted and         Common.
 jubatus) wDPS Stock.                                                    Strategic.
Harbor Seal (Phoca vitulina                11,117  ...................  Non-depleted.......  Occasional.
 richardii) South Kodiak Stock.
----------------------------------------------------------------------------------------------------------------
\1\ NOAA/NMFS 2014 marine mammal stock assessment reports at http://www.nmfs.noaa.gov/pr/sars/species.htm.
* ESA = Endangered Species Act.
** MMPA = Marine Mammal Protection Act.

Cetaceans

Killer Whale

    Killer whales have been observed in all oceans and seas of the 
world, but the highest densities occur in colder and more productive 
waters found at high latitudes (NOAA 2015). Killer whales are found 
throughout the North Pacific, and occur along the entire Alaska coast, 
in British Columbia and Washington inland waterways, and along the 
outer coasts of Washington, Oregon, and California (NOAA 2015).
    Based on data regarding association patterns, acoustics, movements, 
and genetic differences, eight killer whale stocks are now recognized 
within the Pacific U.S. Exclusive Economic Zone, seven of which occur 
in Alaska: (1) The Alaska Resident stock; (2) the Northern Resident 
stock; (3) the Southern Resident stock; (4) the Gulf of Alaska, 
Aleutian Islands, and Bering Sea Transient stock; (5) the AT1 Transient 
stock; (6) the West Coast transient stock, occurring from California 
through southeastern Alaska; and (7) the Offshore stock. Only the 
Alaska Resident stock and the Gulf of Alaska, Aleutian Islands, and 
Bering Sea Transient stock are considered in this application because 
other stocks occur outside the geographic area under consideration.
    The Alaska Resident stock occurs from southeastern Alaska to the 
Aleutian Islands and Bering Sea. Although the Gulf of Alaska, Aleutian 
Islands, and Bering Sea Transient stock occupies a range that includes 
all of the U.S. Exclusive Economic Zone in Alaska, few individuals have 
been seen in southeastern Alaska. The transient stock occurs primarily 
from Prince William Sound through the Aleutian Islands and Bering Sea.
    The Alaska Resident stock of killer whales is currently estimated 
at 2,347 individuals, and the estimate of the Gulf of Alaska, Aleutian 
Islands, and Bering Sea Transient stock is 587 individuals (Allen and 
Angliss 2013). The Gulf of Alaska component of the transient stock is 
estimated to include 136 of the 587 individuals. The abundance estimate 
for the Alaska Resident stock is likely underestimated because 
researchers continue to encounter new whales in the Gulf of Alaska and 
western Alaskan waters. At present, reliable data on trends in 
population abundance for both stocks are unavailable.
    Transient killer whales are seen periodically in waters of Kodiak 
Harbor, with photo-documentation since at least 1993 (Kodiak Seafood 
and Marine Science Center 2015). One pod known to visit Kodiak Harbor 
includes an adult female and adult male that have distinctive dorsal 
fins that make repeated recognition possible. This, as well as their 
easy visibility from shore, has led to their ``popularity'' in Kodiak, 
where their presence is often announced on public radio. They have been 
repeatedly observed and photographed attacking Steller sea lions.
    The Kodiak killer whales appear to specialize in preying on Steller 
sea lions commonly found near Kodiak's processing plants, fishing 
vessels, and docks. This pod kills and consumes at least four to six 
Steller sea lions per year from the Kodiak harbor area, primarily from 
February through May (Kodiak Seafood and Marine Science Center 2015, 
Wynne 2015b). Further information on the biology and local distribution 
of these species can be found in the DOT&PF application available 
online at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm and the NMFS Marine Mammal Stock Assessment Reports, 
which may be found at: http://www.nmfs.noaa.gov/pr/species/.

Harbor Porpoise

    The harbor porpoise inhabits temporal, subarctic, and arctic 
waters. In the eastern North Pacific, harbor porpoises range from Point 
Barrow, Alaska, to Point Conception, California. Harbor porpoise 
primarily frequent coastal waters and occur most frequently in waters 
less than 100 m deep (Hobbs and Waite 2010). They may occasionally be 
found in deeper offshore waters.
    In Alaska, harbor porpoises are currently divided into three 
stocks, based primarily on geography. These are the Bering Sea stock, 
the Southeast Alaska stock, and the Gulf of Alaska stock. (Allen and 
Angliss 2014). Only the Gulf of Alaska stock is considered in this 
application because the other stocks are not found in the geographic 
area under consideration.
    Harbor porpoises are neither designated as depleted under the MMPA 
nor listed as threatened or endangered under the ESA. Because the most 
recent abundance estimate is 14 years old and information on incidental 
harbor porpoise mortality in commercial fisheries is not well 
understood, the Gulf of Alaska stock of harbor porpoise is classified 
as strategic. Population trends and status of this stock relative to 
optimum sustainable population size are currently unknown. The Gulf of 
Alaska stock is currently estimated at 31,046 individuals (Allen and 
Angliss 2013). No reliable information is available to determine trends 
in abundance.

[[Page 51215]]

    According to the online database, Ocean Biogeographic Information 
System, Spatial Ecological Analysis of Megavertebrate Populations 
(Halpin 2009 at OBIS-SEAMAP 2015), West Coast populations have more 
restricted movements and do not migrate as much as East Coast 
populations. Most harbor porpoise groups are small, generally 
consisting of less than five or six individuals, though for feeding or 
migration they may aggregate into large, loose groups of 50 to several 
hundred animals.
    Harbor porpoises commonly frequent Kodiak's nearshore waters, but 
are rarely if ever noted in the Kodiak channel (K. Wynne, pers. comm.). 
Harbor porpoises are expected to be encountered rarely in the project 
area, although no data exist to quantify harbor porpoise attendance.

Pinnipeds

Steller Sea Lion

    The Steller sea lion is a pinniped and the largest of the eared 
seals. Steller sea lion populations that primarily occur west of 
144[deg] W (Cape Suckling, Alaska) comprise the western Distinct 
Population Segment (wDPS). Only the wDPS is considered in this 
application because the eastern DPS (eDPS) occurs outside the 
geographic area under consideration. Steller sea lions were listed as 
threatened range-wide under the ESA on November 26, 1990 (55 FR 49204). 
Steller sea lions were subsequently partitioned into the western and 
eastern DPSs in 1997 (Allen and Angliss 2010), with the wDPS being 
listed as endangered under the ESA and the eDPS remaining classified as 
threatened (62 FR 24345) until it was delisted in November 2013.
    On August 27, 1993, NMFS published a final rule designating 
critical habitat for the Steller sea lion as a 20 nautical mile buffer 
around all major haul-outs and rookeries, as well as associated 
terrestrial, air and aquatic zones, and three large offshore foraging 
areas (50 CFR 226.202)
    The range of the Steller sea lion includes the North Pacific Ocean 
rim from California to northern Japan. Steller sea lions forage in 
nearshore and pelagic waters where they are opportunistic predators. 
They feed primarily on a wide variety of fishes and cephalopods. 
Steller sea lions use terrestrial haulout sites to rest and take 
refuge. They also gather on well-defined, traditionally used rookeries 
to pup and breed. These habitats are typically gravel, rocky, or sand 
beaches; ledges; or rocky reefs (Allen and Angliss, 2013).
    Steller sea lions have a worldwide population estimated at 120,000 
to 140,000 animals, with approximately 93,000 in Alaska. The most 
recent comprehensive estimate (pups and non-pups) for abundance of the 
wDPS in Alaska is 52,209 sea lions, based on aerial surveys of non-pups 
conducted in June and July 2008-2011 and aerial and ground-based pup 
counts conducted in June and July 2009-2011 (Allen and Angliss 2014).
    The wDPS of Steller sea lions declined approximately 75 percent 
from 1976 to 1990. Factors that may have contributed to this decline 
include (1) incidental take in fisheries, (2) legal and illegal 
shooting, (3) predation, (4) contaminants, (5) disease, and (6) climate 
change. Non-pup Steller sea lion counts at trend sites in the wDPS 
increased 11 percent during 2000-2004. These counts were the first 
region-wide increases for the wDPS since standardized surveys began in 
the 1970s, and were due to increased or stable counts in all regions 
except the western Aleutian Islands. During 2004-2008, western Alaska 
non-pup counts increased only 3 percent; eastern Gulf of Alaska (Prince 
William Sound area) counts were higher; counts from the Kenai Peninsula 
through Kiska Island, including Kodiak Island, were stable; and western 
Aleutian counts continued to decline (Allen and Angliss 2010).
    Steller sea lions are the most obvious and abundant marine mammals 
in the project area. The major natural Steller sea lion haulouts 
closest to the project area are located on Long Island and Cape 
Chiniak, which are approximately 4.6 nautical miles (8.5 kilometers) 
and 13.8 nautical miles (25.6 kilometers) away from the project site, 
respectively. Annual counts averaged 33 animals on Long Island from 
2008 through 2010, and 119 animals at Cape Chiniak during the same time 
period (Table 4-1). The closest rookery is located on Marmot Island, 
approximately 30 nautical miles (55.5 kilometers) from the project 
site, which had average annual counts of 656 animals from 2008 through 
2010 (as cited in NMFS 2013).
    Many individual sea lions have become habituated to human activity 
in the Kodiak harbor area and utilize a man-made haulout float called 
Dog Bay float located in St. Herman Harbor, about 1,300 meters (4,300 
feet) from the project site (See Figure 1-2; Figure 3-1 in the 
application). This is not a federally recognized haulout and is not 
considered part of sea lion critical habitat. Critical habitat is 
associated with breeding and haulout areas in Alaska, California, and 
Oregon (NMFS 1993). Steller sea lion critical habitat is defined by a 
20-nautical-mile (37-km) radius (straight line distance) encircling a 
major haulout or rookery. The project area occurs within critical 
habitat for two major haulouts, Long Island and Cape Chiniak, described 
above. A section from an old floating breakwater, the float was 
relocated to Dog Bay in the year 2000 and intended to serve as a 
dedicated sea lion haulout. It serves its purpose of reducing sea lion-
human conflicts in Kodiak's docks and harbors by providing an 
undisturbed haulout location and reducing the numbers of sea lions that 
haul out on vessel moorage floats.
    Counts of sea lions hauled out on the Dog Bay float provide an 
index of the number of Steller sea lions in the harbor area. Because 
this float is not considered an official haulout by NMFS, few 
standardized surveys to count sea lions have been conducted (Wynne 
2015a). Surveys from 2004 through 2006 indicated peak winter (October-
April) counts ranging from 27 to 33 animals (Wynn et al. 2011). Counts 
from February 2015 during a site visit by HDR biologists ranged from 
approximately 28 to 45 sea lions on the float. More than 100 sea lions 
were counted on the Dog Bay float at times in spring 2015, although the 
mean number was much smaller (Wynne 2015b).
    Abundant and predictable sources of food for sea lions in the 
Kodiak area include fishing gear, fishing boats and tenders, and the 
many seafood processing facilities that accept transfers of fish from 
offloading vessels. Sea lions have become accustomed to depredating 
fishing gear and raiding fishing vessels during fishing and offloading 
and they follow potential sources of food around the harbors and docks, 
waiting for opportunities to feed. When vessels are offloading fish at 
the docks of processing facilities, the sea lions rear out of the water 
to look over the gunnels for fish on the deck; if the vessel is a stern 
trawler, they charge up the stern ramp or codend to gain access to the 
deck (Speckman 2015; Ward 2015; Wynne 2015a). Sea lions have killed 
dogs and have dragged humans into the water (Wynne 2015a).
    The number of sea lions in the immediate project area varies 
depending on the season and presence of commercial fishing vessels 
unloading their catch at the seafood processing plant dock immediately 
adjacent to Pier 1. During the February 2015 site visit by HDR 
biologists, from zero up to about 25 sea lions were seen at one time in 
the Pier 1 project area. About 22 of those sea lions were subadults 
that were clearly foraging on schooling fishes in the area and were not 
interacting with the

[[Page 51216]]

fishing vessels offloading at the seafood processing plant at the time. 
The stern trawler offloading at the processing plant dock during this 
period was attended by three mature bull sea lions, which constantly 
swam back and forth behind the stern watching for an opportunity to 
gain access.
    At least four other seafood processing facilities are present in 
Kodiak and operate concurrently with the one located next to Pier 1. 
All are visited by sea lions looking for food, and all are successfully 
raided by sea lions with regularity (Wynne 2015a). Sea lions also 
follow and raid fishing vessels. The seafood processing facility 
adjacent to the Pier 1 project site is therefore not the only source of 
food for Kodiak sea lions that inhabit the harbor area. Furthermore, 
sea lions in a more ``natural'' situation do not generally eat every 
day, but tend to forage every 1-2 days and return to haulouts to rest 
between foraging trips (Merrick and Loughlin 1997; Rehburg et al. 
2009). The foraging habits of sea lions using the Dog Bay float and 
Kodiak harbor area are not documented, but it is reasonable to assume 
that, given the abundance of readily available food, not every sea lion 
in the area visits the seafood processing plant adjacent to Pier 1 
every day. Based on numbers at the Dog Bay float and sea lion behavior, 
it is estimated that about 40 unique individual sea lions likely pass 
by the project site each day (Speckman 2015; Ward 2015; Wynne 2015a). 
Sea lions in the Kodiak harbor area are habituated to fishing vessels 
and are skilled at gaining access to fish. It is likely that some of 
the same animals follow local vessels to the nearby fishing grounds and 
back to town. It is also likely that hearing-impaired or deaf sea lions 
are among the sea lions that attend the seafood processing facility 
adjacent to the Pier 1 construction site. It is not known how a 
hearing-impaired or deaf sea lion would respond to typical mitigation 
efforts at a construction site such as ramping up of pile-driving 
equipment. It is also unknown whether a hearing-impaired or deaf sea 
lion would avoid pile-driving activity, or whether such an animal might 
approach closely, even within the Level A harassment zone, without 
responding to or being impacted by the noise level.

Harbor Seal

    Harbor seals range from Baja California north along the west coasts 
of Washington, Oregon, California, British Columbia, and Southeast 
Alaska; west through the Gulf of Alaska, Prince William Sound, and the 
Aleutian Islands; and north in the Bering Sea to Cape Newenham and the 
Pribilof Islands. Distribution of the South Kodiak stock extends from 
East Cape (northeast coast of Kodiak Island) south to South Cape 
(Chirikof Island), including Tugidak Island, and up the southwest coast 
of Kodiak Island to Middle Cape.
    In 2010, harbor seals in Alaska were partitioned into 12 separate 
stocks based largely on genetic structure (Allen and Angliss 2010). 
Only the South Kodiak stock is considered in this application because 
other stocks occur outside the geographic area under consideration.
    The current statewide abundance estimate for Alaskan harbor seals 
is 152,602, based on aerial survey data collected during 1998-2007. The 
abundance estimate for the South Kodiak stock is 11,117 (Allen and 
Angliss 2010). Harbor seals have declined dramatically in some parts of 
their range over the past few decades, while in other parts their 
numbers have increased or remained stable over similar time periods.
    A significant portion of the harbor seal population within the 
South Kodiak stock is located at and around Tugidak Island off the 
southwest of Kodiak Island. Sharp declines in the number of seals 
present on Tugidak were observed between 1976 and 1998. Although the 
number of seals on Tugidak Island has stabilized and shows some 
evidence of increase since the decline, the population in 2000 remained 
reduced by 80 percent compared to the levels in the 1970s (Jemison et 
al. 2006). The current population trend for this stock is unknown.
    Harbor seals haul out on rocks, reefs, beaches, and drifting 
glacial ice (Allen and Angliss 2014). They are non-migratory; their 
local movements are associated with tides, weather, season, food 
availability, and reproduction, as well as sex and age class (Allen and 
Angliss 2014; Boveng et al. 2012; Lowry et al. 2001; Swain et al. 
1996).
    Although the number of harbor seals on eastern Kodiak haulouts has 
been increasing steadily since the early 1990s (Kodiak Seafood and 
Marine Science Center 2015), sightings are rare in the project area. 
Several harbor seals tagged at Uganik Bay (Northwest Kodiak Island) 
dispersed as far north as Anchorage and as far south as Chignik, but 
none were found near Kodiak (Kodiak Seafood and Marine Science Center 
2015). Harbor seals are expected to be encountered occasionally in the 
project area, although no data exist to quantify harbor seal 
attendance.

Potential Effects of the Specified Activity on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
stressors, (e.g. pile driving,) and potential mitigation activities, 
associated with the reconstruction of the Pier 1 Kodiak Ferry Terminal 
and Dock may impact marine mammals and their habitat. The Estimated 
Take by Incidental Harassment section later in this document will 
include an analysis of the number of individuals that are expected to 
be taken by this activity. The Negligible Impact Analysis section will 
include the analysis of how this specific activity will impact marine 
mammals and will consider the content of this section, the Estimated 
Take by Incidental Harassment section, and the Proposed Mitigation 
section to draw conclusions regarding the likely impacts of this 
activity on the reproductive success or survivorship of individuals and 
from that on the affected marine mammal populations or stocks. In the 
following discussion, we provide general background information on 
sound and marine mammal hearing before considering potential effects to 
marine mammals from sound produced by pile extraction, vibratory pile 
driving, impact pile driving and down-hole drilling.

Description of Sound Sources

    Sound travels in waves, the basic components of which are 
frequency, wavelength, velocity, and amplitude. Frequency is the number 
of pressure waves that pass by a reference point per unit of time and 
is measured in hertz (Hz) or cycles per second. Wavelength is the 
distance between two peaks of a sound wave; lower frequency sounds have 
longer wavelengths than higher frequency sounds and attenuate 
(decrease) more rapidly in shallower water. Amplitude is the height of 
the sound pressure wave or the `loudness' of a sound and is typically 
measured using the decibel (dB) scale. A dB is the ratio between a 
measured pressure (with sound) and a reference pressure (sound at a 
constant pressure, established by scientific standards). It is a 
logarithmic unit that accounts for large variations in amplitude; 
therefore, relatively small changes in dB ratings correspond to large 
changes in sound pressure. When referring to sound pressure levels 
(SPLs; the sound force per unit area), sound is referenced in the 
context of underwater sound pressure to 1 microPascal ([mu]Pa). One 
pascal is the pressure resulting from a force of one newton exerted 
over an area of one square meter. The source

[[Page 51217]]

level (SL) represents the sound level at a distance of 1 m from the 
source (referenced to 1 [mu]Pa). The received level is the sound level 
at the listener's position. Note that all underwater sound levels in 
this document are referenced to a pressure of 1 [mu]Pa and all airborne 
sound levels in this document are referenced to a pressure of 20 
[mu]Pa.
    Root mean square (rms) is the quadratic mean sound pressure over 
the duration of an impulse. Rms is calculated by squaring all of the 
sound amplitudes, averaging the squares, and then taking the square 
root of the average (Urick, 1983). Rms accounts for both positive and 
negative values; squaring the pressures makes all values positive so 
that they may be accounted for in the summation of pressure levels 
(Hastings and Popper, 2005). This measurement is often used in the 
context of discussing behavioral effects, in part because behavioral 
effects, which often result from auditory cues, may be better expressed 
through averaged units than by peak pressures.
    When underwater objects vibrate or activity occurs, sound-pressure 
waves are created. These waves alternately compress and decompress the 
water as the sound wave travels. Underwater sound waves radiate in all 
directions away from the source (similar to ripples on the surface of a 
pond), except in cases where the source is directional. The 
compressions and decompressions associated with sound waves are 
detected as changes in pressure by aquatic life and man-made sound 
receptors such as hydrophones.
    Even in the absence of sound from the specified activity, the 
underwater environment is typically loud due to ambient sound. Ambient 
sound is defined as environmental background sound levels lacking a 
single source or point (Richardson et al., 1995), and the sound level 
of a region is defined by the total acoustical energy being generated 
by known and unknown sources. These sources may include physical (e.g., 
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds 
produced by marine mammals, fish, and invertebrates), and anthropogenic 
sound (e.g., vessels, dredging, aircraft, construction). A number of 
sources contribute to ambient sound, including the following 
(Richardson et al., 1995):
     Wind and waves: The complex interactions between wind and 
water surface, including processes such as breaking waves and wave-
induced bubble oscillations and cavitation, are a main source of 
naturally occurring ambient noise for frequencies between 200 Hz and 50 
kHz (Mitson, 1995). In general, ambient sound levels tend to increase 
with increasing wind speed and wave height. Surf noise becomes 
important near shore, with measurements collected at a distance of 8.5 
km from shore showing an increase of 10 dB in the 100 to 700 Hz band 
during heavy surf conditions.
     Precipitation: Sound from rain and hail impacting the 
water surface can become an important component of total noise at 
frequencies above 500 Hz, and possibly down to 100 Hz during quiet 
times.
     Biological: Marine mammals can contribute significantly to 
ambient noise levels, as can some fish and shrimp. The frequency band 
for biological contributions is from approximately 12 Hz to over 100 
kHz.
     Anthropogenic: Sources of ambient noise related to human 
activity include transportation (surface vessels and aircraft), 
dredging and construction, oil and gas drilling and production, seismic 
surveys, sonar, explosions, and ocean acoustic studies. Shipping noise 
typically dominates the total ambient noise for frequencies between 20 
and 300 Hz. In general, the frequencies of anthropogenic sounds are 
below 1 kHz and, if higher frequency sound levels are created, they 
attenuate rapidly (Richardson et al., 1995). Sound from identifiable 
anthropogenic sources other than the activity of interest (e.g., a 
passing vessel) is sometimes termed background sound, as opposed to 
ambient sound. Representative levels of anthropogenic sound are 
displayed in Table 2.
    The sum of the various natural and anthropogenic sound sources at 
any given location and time--which comprise ``ambient'' or 
``background'' sound--depends not only on the source levels (as 
determined by current weather conditions and levels of biological and 
shipping activity) but also on the ability of sound to propagate 
through the environment. In turn, sound propagation is dependent on the 
spatially and temporally varying properties of the water column and sea 
floor, and is frequency-dependent. As a result of the dependence on a 
large number of varying factors, ambient sound levels can be expected 
to vary widely over both coarse and fine spatial and temporal scales. 
Sound levels at a given frequency and location can vary by 10-20 dB 
from day to day (Richardson et al., 1995). The result is that, 
depending on the source type and its intensity, sound from the 
specified activity may be a negligible addition to the local 
environment or could form a distinctive signal that may affect marine 
mammals.

                          Table 2--Representative Sound Levels of Anthropogenic Sources
----------------------------------------------------------------------------------------------------------------
                                             Frequency
              Sound source                  range  (Hz)     Underwater sound level             Reference
----------------------------------------------------------------------------------------------------------------
Small vessels...........................       250-1,000  151 dB rms at 1 m.........  Richardson et al., 1995.
Tug docking gravel barge................       200-1,000  149 dB rms at 100 m.......  Blackwell and Greene,
                                                                                       2002.
Vibratory driving of 72-in steel pipe           10-1,500  180 dB rms at 10 m........  Reyff, 2007.
 pile.
Impact driving of 36-in steel pipe pile.        10-1,500  195 dB rms at 10 m........  Laughlin, 2007.
Impact driving of 66-in cast-in-steel-          10-1,500  195 dB rms at 10 m........  Reviewed in Hastings and
 shell (CISS) pile.                                                                    Popper, 2005.
----------------------------------------------------------------------------------------------------------------

    The Pier 1 project area is frequented by fishing vessels and 
tenders; ferries, barges, tugboats; and other commercial and 
recreational vessels that use the channel to access harbors and city 
docks, fuel docks, processing plants where fish catches are offloaded, 
and other commercial facilities. At the seafood processing plant, to 
the southwest of Pier 1, fish are offloaded by vacuum hose straight 
into the processing plant from the vessels' holds, and vessels raft up 
three and four deep to the dock during peak fishing seasons. On the 
northeast side of Pier 1 is the Petro Marine fuel dock, which services 
a range of vessel sizes, including larger vessels that can be 
accommodated by docking at Pier 1. Two boat harbors exist in Near 
Island Channel, which house a number of commercial and recreational 
marine vessels. The channel is also a primary route for local

[[Page 51218]]

vessel traffic to access waters outside the Gulf of Alaska.
    High levels of vessel traffic are known to elevate background 
levels of noise in the marine environment. For example, continuous 
sounds for tugs pulling barges have been reported to range from 145 to 
166 dB re 1 [mu]Pa rms at 1 meter from the source (Miles et al. 1987; 
Richardson et al. 1995; Simmonds et al. 2004. Ambient underwater noise 
levels in the Pier 1 project area are both variable and relatively 
high, and are expected to mask some sounds of drilling, pile 
installation, and pile extraction.
    In-water construction activities associated with the project 
include vibratory pile driving and removal, down-hole drilling, and 
impact pile driving. There are two general categories of sound types: 
Impulse and non-pulse (defined in the following). Vibratory pile 
driving is considered to be continuous or non-pulsed while impact pile 
driving is considered to be an impulse or pulsed sound type. The 
distinction between these two sound types is important because they 
have differing potential to cause physical effects, particularly with 
regard to hearing (e.g., Ward, 1997 in Southall et al., 2007). Please 
see Southall et al., (2007) for an in-depth discussion of these 
concepts. Note that information related to impact hammers is included 
here for comparison. Pulsed sound sources (e.g., explosions, gunshots, 
sonic booms, impact pile driving) produce signals that are brief 
(typically considered to be less than one second), broadband, atonal 
transients (ANSI, 1986; Harris, 1998; NIOSH, 1998; ISO, 2003; ANSI, 
2005) and occur either as isolated events or repeated in some 
succession. Pulsed sounds are all characterized by a relatively rapid 
rise from ambient pressure to a maximal pressure value followed by a 
rapid decay period that may include a period of diminishing, 
oscillating maximal and minimal pressures, and generally have an 
increased capacity to induce physical injury as compared with sounds 
that lack these features.
    Non-pulsed sounds can be tonal, narrowband, or broadband, brief or 
prolonged, and may be either continuous or non-continuous (ANSI, 1995; 
NIOSH, 1998). Some of these non-pulsed sounds can be transient signals 
of short duration but without the essential properties of pulses (e.g., 
rapid rise time). Examples of non-pulsed sounds include those produced 
by vessels, aircraft, machinery operations such as drilling or 
dredging, vibratory pile driving, and active sonar systems (such as 
those used by the U.S. Navy). The duration of such sounds, as received 
at a distance, can be greatly extended in a highly reverberant 
environment.
    The likely or possible impacts of the proposed pile driving program 
at Pier 1 on marine mammals could involve both non-acoustic and 
acoustic stressors. Potential non-acoustic stressors could result from 
the physical presence of the equipment and personnel. Any impacts to 
marine mammals are expected to primarily be acoustic in nature. 
Acoustic stressors could include effects of heavy equipment operation, 
pile installation and pile removal at Pier 1.

Marine Mammal Hearing

    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Based 
on available behavioral data, audiograms have been derived using 
auditory evoked potentials, anatomical modeling, and other data, 
Southall et al. (2007) designate ``functional hearing groups'' for 
marine mammals and estimate the lower and upper frequencies of 
functional hearing of the groups. The functional groups and the 
associated frequencies are indicated below (though animals are less 
sensitive to sounds at the outer edge of their functional range and 
most sensitive to sounds of frequencies within a smaller range 
somewhere in the middle of their functional hearing range):
     Low frequency cetaceans (13 species of mysticetes): 
functional hearing is estimated to occur between approximately 7 Hz and 
30 kHz;
     Mid-frequency cetaceans (32 species of dolphins, six 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): functional hearing is estimated to occur between 
approximately 150 Hz and 160 kHz;
     High frequency cetaceans (eight species of true porpoises, 
six species of river dolphins, Kogia, the franciscana, and four species 
of cephalorhynchids): functional hearing is estimated to occur between 
approximately 200 Hz and 180 kHz;
     Phocid pinnipeds in Water: functional hearing is estimated 
to occur between approximately 75 Hz and 75 kHz; and
     Otariid pinnipeds in Water: functional hearing is 
estimated to occur between approximately 100 Hz and 40 kHz.
    As mentioned previously in this document, nine marine mammal 
species (seven cetacean and two pinniped) may occur in the project 
area. Of the two species likely to occur in the proposed project area, 
one is classified as a mid-frequency cetacean (i.e., killer whale), and 
one is classified as a high-frequency cetaceans (i.e., harbor porpoise) 
(Southall et al., 2007). Additionally, harbor seals are classified as 
members of the phocid pinnipeds in water functional hearing group while 
Steller sea lions and California sea lions are grouped under the 
Otariid pinnipeds in water functional hearing group. A species' 
functional hearing group is a consideration when we analyze the effects 
of exposure to sound on marine mammals.

Acoustic Impacts

    Potential Effects of Pile Driving Sound--The effects of sounds from 
pile driving might result in one or more of the following: Temporary or 
permanent hearing impairment, non-auditory physical or physiological 
effects, behavioral disturbance, and masking (Richardson et al., 1995; 
Gordon et al., 2004; Nowacek et al., 2007; Southall et al., 2007). The 
effects of pile driving on marine mammals are dependent on several 
factors, including the size, type, and depth of the animal; the depth, 
intensity, and duration of the pile driving sound; the depth of the 
water column; the substrate of the habitat; the standoff distance 
between the pile and the animal; and the sound propagation properties 
of the environment. Impacts to marine mammals from pile driving 
activities are expected to result primarily from acoustic pathways. As 
such, the degree of effect is intrinsically related to the received 
level and duration of the sound exposure, which are in turn influenced 
by the distance between the animal and the source. The further away 
from the source, the less intense the exposure should be. The substrate 
and depth of the habitat affect the sound propagation properties of the 
environment. Shallow environments are typically more structurally 
complex, which leads to rapid sound attenuation. In addition, 
substrates that are soft (e.g., sand) would absorb or attenuate the 
sound more readily than hard substrates (e.g., rock) which may reflect 
the acoustic wave. Soft porous substrates would also likely require 
less time to drive the pile, and possibly less forceful equipment, 
which would ultimately decrease the intensity of the acoustic source.
    In the absence of mitigation, impacts to marine species would be 
expected to result from physiological and behavioral responses to both 
the type and strength of the acoustic signature (Viada et al., 2008). 
The type and severity of

[[Page 51219]]

behavioral impacts are more difficult to define due to limited studies 
addressing the behavioral effects of impulse sounds on marine mammals. 
Potential effects from impulse sound sources can range in severity from 
effects such as behavioral disturbance or tactile perception to 
physical discomfort, slight injury of the internal organs and the 
auditory system, or mortality (Yelverton et al., 1973).
    Hearing Impairment and Other Physical Effects--Marine mammals 
exposed to high intensity sound repeatedly or for prolonged periods can 
experience hearing threshold shift (TS), which is the loss of hearing 
sensitivity at certain frequency ranges (Kastak et al., 1999; Schlundt 
et al., 2000; Finneran et al., 2002, 2005). TS can be permanent (PTS), 
in which case the loss of hearing sensitivity is not recoverable, or 
temporary (TTS), in which case the animal's hearing threshold would 
recover over time (Southall et al., 2007). Marine mammals depend on 
acoustic cues for vital biological functions, (e.g., orientation, 
communication, finding prey, avoiding predators); thus, TTS may result 
in reduced fitness in survival and reproduction. However, this depends 
on the frequency and duration of TTS, as well as the biological context 
in which it occurs. TTS of limited duration, occurring in a frequency 
range that does not coincide with that used for recognition of 
important acoustic cues, would have little to no effect on an animal's 
fitness. Repeated sound exposure that leads to TTS could cause PTS. PTS 
constitutes injury, but TTS does not (Southall et al., 2007). The 
following subsections discuss in somewhat more detail the possibilities 
of TTS, PTS, and non-auditory physical effects.
    Temporary Threshold Shift--TTS is the mildest form of hearing 
impairment that can occur during exposure to a strong sound (Kryter, 
1985). While experiencing TTS, the hearing threshold rises, and a sound 
must be stronger in order to be heard. In terrestrial mammals, TTS can 
last from minutes or hours to days (in cases of strong TTS). For sound 
exposures at or somewhat above the TTS threshold, hearing sensitivity 
in both terrestrial and marine mammals recovers rapidly after exposure 
to the sound ends. Few data on sound levels and durations necessary to 
elicit mild TTS have been obtained for marine mammals, and none of the 
published data concern TTS elicited by exposure to multiple pulses of 
sound. Available data on TTS in marine mammals are summarized in 
Southall et al. (2007).
    Given the available data, the received level of a single pulse 
(with no frequency weighting) might need to be approximately 186 dB re 
1 [mu]Pa\2\-s (i.e., 186 dB sound exposure level [SEL] or approximately 
221-226 dB p-p [peak]) in order to produce brief, mild TTS. Exposure to 
several strong pulses that each have received levels near 190 dB rms 
(175-180 dB SEL) might result in cumulative exposure of approximately 
186 dB SEL and thus slight TTS in a small odontocete, assuming the TTS 
threshold is (to a first approximation) a function of the total 
received pulse energy.
    The above TTS information for odontocetes is derived from studies 
on the bottlenose dolphin (Tursiops truncatus) and beluga whale 
(Delphinapterus leucas). There is no published TTS information for 
other species of cetaceans. However, preliminary evidence from a harbor 
porpoise exposed to pulsed sound suggests that its TTS threshold may 
have been lower (Lucke et al., 2009). As summarized above, data that 
are now available imply that TTS is unlikely to occur unless 
odontocetes are exposed to pile driving pulses stronger than 180 dB re 
1 [mu]Pa rms.
    Permanent Threshold Shift--When PTS occurs, there is physical 
damage to the sound receptors in the ear. In severe cases, there can be 
total or partial deafness, while in other cases the animal has an 
impaired ability to hear sounds in specific frequency ranges (Kryter, 
1985). There is no specific evidence that exposure to pulses of sound 
can cause PTS in any marine mammal. However, given the possibility that 
mammals close to a sound source can incur TTS, it is possible that some 
individuals might incur PTS. Single or occasional occurrences of mild 
TTS are not indicative of permanent auditory damage, but repeated or 
(in some cases) single exposures to a level well above that causing TTS 
onset might elicit PTS.
    PTS is considered auditory injury (Southall et al., 2007). 
Irreparable damage to the inner or outer cochlear hair cells may cause 
PTS, however, other mechanisms are also involved, such as exceeding the 
elastic limits of certain tissues and membranes in the middle and inner 
ears and resultant changes in the chemical composition of the inner ear 
fluids (Southall et al., 2007).
    Relationships between TTS and PTS thresholds have not been studied 
in marine mammals but are assumed to be similar to those in humans and 
other terrestrial mammals, based on anatomical similarities. PTS might 
occur at a received sound level at least several decibels above that 
inducing mild TTS if the animal were exposed to strong sound pulses 
with rapid rise time. Based on data from terrestrial mammals, a 
precautionary assumption is that the PTS threshold for impulse sounds 
(such as pile driving pulses as received close to the source) is at 
least 6 dB higher than the TTS threshold on a peak-pressure basis and 
probably greater than 6 dB (Southall et al., 2007). On an SEL basis, 
Southall et al. (2007) estimated that received levels would need to 
exceed the TTS threshold by at least 15 dB for there to be risk of PTS. 
Thus, for cetaceans, Southall et al. (2007) estimate that the PTS 
threshold might be an M-weighted SEL (for the sequence of received 
pulses) of approximately 198 dB re 1 [mu]Pa\2\-s (15 dB higher than the 
TTS threshold for an impulse). Given the higher level of sound 
necessary to cause PTS as compared with TTS, it is considerably less 
likely that PTS could occur.
    Measured source levels from impact pile driving can be as high as 
214 dB rms. Although no marine mammals have been shown to experience 
TTS or PTS as a result of being exposed to pile driving activities, 
captive bottlenose dolphins and beluga whales exhibited changes in 
behavior when exposed to strong pulsed sounds (Finneran et al., 2000, 
2002, 2005). The animals tolerated high received levels of sound before 
exhibiting aversive behaviors. Experiments on a beluga whale showed 
that exposure to a single watergun impulse at a received level of 207 
kPa (30 psi) p-p, which is equivalent to 228 dB p-p, resulted in a 7 
and 6 dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. 
Thresholds returned to within 2 dB of the pre-exposure level within 
four minutes of the exposure (Finneran et al., 2002). Although the 
source level of pile driving from one hammer strike is expected to be 
much lower than the single watergun impulse cited here, animals being 
exposed for a prolonged period to repeated hammer strikes could receive 
more sound exposure in terms of SEL than from the single watergun 
impulse (estimated at 188 dB re 1 [mu]Pa\2\-s) in the aforementioned 
experiment (Finneran et al., 2002). However, in order for marine 
mammals to experience TTS or PTS, the animals have to be close enough 
to be exposed to high intensity sound levels for a prolonged period of 
time. Based on the best scientific information available, these SPLs 
are far below the thresholds that could cause TTS or the onset of PTS.
    Non-auditory Physiological Effects--Non-auditory physiological 
effects or injuries that theoretically might occur in

[[Page 51220]]

marine mammals exposed to strong underwater sound include stress, 
neurological effects, bubble formation, resonance effects, and other 
types of organ or tissue damage (Cox et al., 2006; Southall et al., 
2007). Studies examining such effects are limited. In general, little 
is known about the potential for pile driving to cause auditory 
impairment or other physical effects in marine mammals. Available data 
suggest that such effects, if they occur at all, would presumably be 
limited to short distances from the sound source and to activities that 
extend over a prolonged period. The available data do not allow 
identification of a specific exposure level above which non-auditory 
effects can be expected (Southall et al., 2007) or any meaningful 
quantitative predictions of the numbers (if any) of marine mammals that 
might be affected in those ways. Marine mammals that show behavioral 
avoidance of pile driving, including some odontocetes and some 
pinnipeds, are especially unlikely to incur auditory impairment or non-
auditory physical effects.

Disturbance Reactions

    Disturbance includes a variety of effects, including subtle changes 
in behavior, more conspicuous changes in activities, and displacement. 
Behavioral responses to sound are highly variable and context-specific 
and reactions, if any, depend on species, state of maturity, 
experience, current activity, reproductive state, auditory sensitivity, 
time of day, and many other factors (Richardson et al., 1995; Wartzok 
et al., 2003; Southall et al., 2007).
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. Behavioral state may affect the type of response as well. For 
example, animals that are resting may show greater behavioral change in 
response to disturbing sound levels than animals that are highly 
motivated to remain in an area for feeding (Richardson et al., 1995; 
NRC, 2003; Wartzok et al., 2003).
    Controlled experiments with captive marine mammals showed 
pronounced behavioral reactions, including avoidance of loud sound 
sources (Ridgway et al., 1997; Finneran et al., 2003). Observed 
responses of wild marine mammals to loud pulsed sound sources 
(typically seismic guns or acoustic harassment devices, but also 
including pile driving) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds, 2002; Thorson and Reyff, 2006; see also Gordon et al., 2004; 
Wartzok et al., 2003; Nowacek et al., 2007). Responses to continuous 
sound, such as vibratory pile installation, have not been documented as 
well as responses to pulsed sounds.
    With both types of pile driving, it is likely that the onset of 
pile driving could result in temporary, short term changes in an 
animal's typical behavior and/or avoidance of the affected area. These 
behavioral changes may include (Richardson et al., 1995): changing 
durations of surfacing and dives, number of blows per surfacing, or 
moving direction and/or speed; reduced/increased vocal activities; 
changing/cessation of certain behavioral activities (such as 
socializing or feeding); visible startle response or aggressive 
behavior (such as tail/fluke slapping or jaw clapping); avoidance of 
areas where sound sources are located; and/or flight responses (e.g., 
pinnipeds flushing into water from haul-outs or rookeries). Pinnipeds 
may increase their haul-out time, possibly to avoid in-water 
disturbance (Thorson and Reyff, 2006).
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be expected to be biologically significant if the 
change affects growth, survival, or reproduction. Significant 
behavioral modifications that could potentially lead to effects on 
growth, survival, or reproduction include:
     Changes in diving/surfacing patterns;
     Habitat abandonment due to loss of desirable acoustic 
environment; and
     Cessation of feeding or social interaction.
    The onset of behavioral disturbance from anthropogenic sound 
depends on both external factors (characteristics of sound sources and 
their paths) and the specific characteristics of the receiving animals 
(hearing, motivation, experience, demography) and is difficult to 
predict (Southall et al., 2007).
    Auditory Masking--Natural and artificial sounds can disrupt 
behavior by masking, or interfering with, a marine mammal's ability to 
hear other sounds. Masking occurs when the receipt of a sound is 
interfered with by another coincident sound at similar frequencies and 
at similar or higher levels. Chronic exposure to excessive, though not 
high-intensity, sound could cause masking at particular frequencies for 
marine mammals that utilize sound for vital biological functions. 
Masking can interfere with detection of acoustic signals such as 
communication calls, echolocation sounds, and environmental sounds 
important to marine mammals. It is important to distinguish TTS and 
PTS, which persist after the sound exposure, from masking, which occurs 
only during the sound exposure. Because masking (without resulting in 
TS) is not associated with abnormal physiological function, it is not 
considered a physiological effect, but rather a potential behavioral 
effect.
    Masking occurs at specific frequency bands so understanding the 
frequencies that the animals utilize is important in determining any 
potential behavioral impacts. Because sound generated from in-water 
vibratory pile driving is mostly concentrated at low frequency ranges, 
it may have less effect on high frequency echolocation sounds made by 
porpoises. However, lower frequency man-made sounds are more likely to 
affect detection of communication calls and other potentially important 
natural sounds such as surf and prey sound. It may also affect 
communication signals when they occur near the sound band and thus 
reduce the communication space of animals (e.g., Clark et al., 2009) 
and cause increased stress levels (e.g., Foote et al., 2004; Holt et 
al., 2009).
    Masking has the potential to impact species at the population or 
community levels as well as at individual levels. Masking affects both 
senders and receivers of the signals and can potentially in certain 
circumstances have long-term chronic effects on marine mammal species 
and populations. Recent research suggests that low frequency ambient 
sound levels have increased by as much as 20 dB (more than three times 
in terms of SPL) in the world's ocean from pre-industrial periods, and 
that most of these increases are from distant shipping (Hildebrand, 
2009). All anthropogenic sound sources, such as those from vessel 
traffic, pile driving, and dredging activities, contribute to the 
elevated ambient sound levels, thus intensifying masking.
    Vibratory pile driving may potentially mask acoustic signals 
important to marine mammal species. However, the short-term duration 
and limited affected area would result in insignificant impacts from 
masking.
    Acoustic Effects, Airborne--Marine mammals that occur in the 
project area could be exposed to airborne sounds associated with pile 
driving that have

[[Page 51221]]

the potential to cause harassment, depending on their distance from 
pile driving activities. Airborne pile driving sound would have less 
impact on cetaceans than pinnipeds because sound from atmospheric 
sources does not transmit well underwater (Richardson et al., 1995); 
thus, airborne sound would only be an issue for pinnipeds either 
hauled-out or looking with heads above water in the project area. Most 
likely, airborne sound would cause behavioral responses similar to 
those discussed above in relation to underwater sound. For instance, 
anthropogenic sound could cause hauled-out pinnipeds to exhibit changes 
in their normal behavior, such as reduction in vocalizations, or cause 
them to temporarily abandon their habitat and move further from the 
source. Studies by Blackwell et al. (2004) and Moulton et al. (2005) 
indicate a tolerance or lack of response to unweighted airborne sounds 
as high as 112 dB peak and 96 dB rms. However, all estimates for 
distances that airborne sound could travel and exceed the harassment 
threshold for in-air disturbance fall far short of the 1,300 meters to 
the nearest known pinniped haulout, the Dog Bay float. Therefore, 
airborne noise is not considered further in this application, and no 
incidental take for airborne noise is requested.

Vessel Interaction

    Besides being susceptible to vessel strikes, cetacean and pinniped 
responses to vessels may result in behavioral changes, including 
greater variability in the dive, surfacing, and respiration patterns; 
changes in vocalizations; and changes in swimming speed or direction 
(NRC 2003). There will be a temporary and localized increase in vessel 
traffic during construction.

Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammal habitat are 
associated with elevated sound levels produced by vibratory and impact 
pile driving and removal in the area. However, other potential impacts 
to the surrounding habitat from physical disturbance are also possible.
    Potential Pile Driving Effects on Prey--Construction activities 
would produce continuous (i.e., vibratory pile driving, down-hole 
drilling) sounds and pulsed (i.e. impact driving) sounds. Essential 
Fish Habitat (EFH) has been designated within the project area for the 
Alaska stocks of Pacific salmon, walleye pollock, Pacific cod, 
yellowfin sole (Limanda aspera), arrowtooth flounder (Atheresthes 
stomias), rock sole (Lepidopsetta spp.), flathead sole (Hippoglossoides 
elassodon), sculpin (Cottidae), skate (Rajidae), and squid 
(Teuthoidea). On 30 April 2013, informal EFH consultation was 
initiated, and NMFS determined that the project would not adversely 
affect EFH and did not offer any EFH conservation recommendations or 
require further consultation (FHWA 2013).
    Fish react to sounds that are especially strong and/or intermittent 
low-frequency sounds. Short duration, sharp sounds can cause overt or 
subtle changes in fish behavior and local distribution. Hastings and 
Popper (2005) identified several studies that suggest fish may relocate 
to avoid certain areas of sound energy. Additional studies have 
documented effects of pile driving on fish, although several are based 
on studies in support of large, multiyear bridge construction projects 
(e.g., Scholik and Yan, 2001, 2002; Popper and Hastings, 2009). Sound 
pulses at received levels of 160 dB may cause subtle changes in fish 
behavior. SPLs of 180 dB may cause noticeable changes in behavior 
(Pearson et al., 1992; Skalski et al., 1992). SPLs of sufficient 
strength have been known to cause injury to fish and fish mortality.
    The most likely impact to fish from pile driving activities at the 
project area would be temporary behavioral avoidance of the area. The 
duration of fish avoidance of this area after pile driving stops is 
unknown, but a rapid return to normal recruitment, distribution and 
behavior is anticipated. In general, impacts to marine mammal prey 
species are expected to be minor and temporary due to the short 
timeframe for the project.
    Effects to Foraging Habitat--Pile installation may temporarily 
increase turbidity resulting from suspended sediments. Any increases 
would be temporary, localized, and minimal. DOT&PF must comply with 
state water quality standards during these operations by limiting the 
extent of turbidity to the immediate project area. In general, 
turbidity associated with pile installation is localized to about a 25-
foot radius around the pile (Everitt et al. 1980). Cetaceans are not 
expected to be close enough to the project pile driving areas to 
experience effects of turbidity, and any pinnipeds will be transiting 
the area and could avoid localized areas of turbidity. Therefore, the 
impact from increased turbidity levels is expected to be discountable 
to marine mammals. Furthermore, pile driving and removal at the project 
site will not obstruct movements or migration of marine mammals.

Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable 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 the proposed project, DOT&PF worked with NMFS and proposed the 
following mitigation measures to minimize the potential impacts to 
marine mammals in the project vicinity. The primary purposes of these 
mitigation measures are to minimize sound levels from the activities, 
and to monitor marine mammals within designated zones of influence 
corresponding to NMFS' current Level A and B harassment thresholds 
which are depicted in Table 3 found later in the Estimated Take by 
Incidental Harassment section.
    DOT&PF committed to the use of both impact and vibratory hammers 
for pile installation and will implement a soft-start procedure.
    Mitigation &Monitoring Protocols--Monitoring would be conducted 
before, during, and after pile driving and removal activities. In 
addition, observers shall record all incidents of marine mammal 
occurrence, regardless of distance from activity, and shall document 
any behavioral reactions in concert with distance from piles being 
driven. Observations made outside the shutdown zone will not result in 
shutdown; that pile segment would be completed without cessation, 
unless the animal approaches or enters the shutdown zone, at which 
point all pile driving activities would be halted. Monitoring will take 
place from 30 minutes prior to initiation through 20 minutes post-
completion of pile driving activities. Pile driving activities include 
the time to remove a single pile or series of piles, as long as the 
time elapsed between uses of the pile driving equipment is no more than 
thirty minutes. Please see Appendix A of the application for details on 
the marine mammal monitoring plan developed by the DOT&PF's with NMFS' 
cooperation.
    The following additional measures apply to visual monitoring:
    (1) Monitoring will be conducted by qualified observers, who will 
be placed at the best vantage point(s) practicable to monitor for 
marine mammals and implement shutdown/delay procedures

[[Page 51222]]

when applicable by calling for the shutdown to the hammer operator. 
These vantage points include Jett A or the barge. Qualified observers 
are trained biologists, with the following minimum qualifications:
    (a) Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target;
    (b) Advanced education in biological science or related field 
(undergraduate degree or higher required);
    (c) Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience);
    (d) Experience or training in the field identification of marine 
mammals, including the identification of behaviors;
    (e) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (f) Writing skills sufficient to prepare a report of observations 
including but not limited to the number and species of marine mammals 
observed; dates and times when in-water construction activities were 
conducted; dates and times when in-water construction activities were 
suspended to avoid potential incidental injury from construction sound 
of marine mammals observed within a defined shutdown zone; and marine 
mammal behavior; and
    (g) Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    (2) Prior to the start of pile driving activity, the shutdown zone 
will be monitored for 30 minutes to ensure that it is clear of marine 
mammals. Pile driving will only commence once observers have declared 
the shutdown zone clear of marine mammals; animals will be allowed to 
remain in the shutdown zone (i.e., must leave of their own volition) 
and their behavior will be monitored and documented. The shutdown zone 
may only be declared clear, and pile driving started, when the entire 
shutdown zone is visible (i.e., when not obscured by dark, rain, fog, 
etc.). In addition, if such conditions should arise during impact pile 
driving that is already underway, the activity would be halted.
    If a marine mammal approaches or enters the shutdown zone during 
the course of pile driving operations, activity will be halted and 
delayed until either the animal has voluntarily left and been visually 
confirmed beyond the shutdown zone or 20 minutes have passed without 
re-detection of the animal. Monitoring will be conducted throughout the 
time required to drive a pile.
    Ramp Up or Soft Start--The use of a soft start procedure is 
believed to provide additional protection to marine mammals by warning 
or providing a chance to leave the area prior to the hammer operating 
at full capacity, and typically involves a requirement to initiate 
sound from the hammer at reduced energy followed by a waiting period. 
This procedure is repeated two additional times. It is difficult to 
specify the reduction in energy for any given hammer because of 
variation across drivers. The project will utilize soft start 
techniques for all vibratory and impact pile driving. We require the 
DOT&PF to initiate sound from vibratory hammers for fifteen seconds at 
reduced energy followed by a 1-minute waiting period, with the 
procedure repeated two additional times. For impact driving, we require 
an initial set of three strikes from the impact hammer at reduced 
energy, followed by a 1-minute waiting period, then two subsequent 
three strike sets. Soft start will be required at the beginning of each 
day's pile driving work and at any time following a cessation of pile 
driving of 20 minutes or longer.
    If a marine mammal is present within the Level A harassment zone, 
ramping up will be delayed until the animal(s) leaves the Level A 
harassment zone. Activity will begin only after the Wildlife Observer 
has determined, through sighting, that the animal(s) has moved outside 
the Level A harassment zone.
    If a Steller sea lion, harbor seal, harbor porpoise, or killer 
whale is present in the Level B harassment zone, ramping up will begin 
and a Level B take will be documented. Ramping up will occur when these 
species are in the Level B harassment zone whether they entered the 
Level B zone from the Level A zone, or from outside the project area.
    If any marine mammal other than Steller sea lions, harbor seals, 
harbor porpoises, or killer whales is present in the Level B harassment 
zone, ramping up will be delayed until the animal(s) leaves the zone. 
Ramping up will begin only after the Wildlife Observer has determined, 
through sighting, that the animal(s) has moved outside the harassment 
zone.
    Pile Caps--Pile caps will be used during all impact pile-driving 
activities.
    In addition to the measures described later in this section, the 
DOT&PF would employ the following standard mitigation measures:
    (a) Conduct briefings between construction supervisors and crews, 
marine mammal monitoring team, and DOT&PF staff prior to the start of 
all pile driving activity, and when new personnel join the work, in 
order to explain responsibilities, communication procedures, marine 
mammal monitoring protocol, and operational procedures.
    (b) For in-water heavy machinery work other than pile driving 
(using, e.g., standard barges, tug boats, barge-mounted excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 10 m, operations shall cease and vessels shall 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions.

Monitoring and Shutdown for Pile Driving

    The following measures would apply to DOT&PF's mitigation through 
shutdown and disturbance zones:
    Shutdown Zone--For all pile driving activities, the DOT&PF's will 
establish a shutdown zone. Shutdown zones are intended to contain the 
area in which SPLs equal or exceed the 180/190 dB rms acoustic injury 
criteria, with the purpose being to define an area within which 
shutdown of activity would occur upon sighting of a marine mammal (or 
in anticipation of an animal entering the defined area), thus 
preventing injury of marine mammals. A conservative 4-meter shutdown 
zone will be in effect for Steller sea lions and harbor seals. The 
estimated shutdown zone for Level A injury to harbor porpoises and 
killer whales would be 15 meters. DOT&PF, however, would implement a 
minimum shutdown zone of 10 m radius for all marine mammals around all 
vibratory pile driving and removal activities. These precautionary 
measures are intended to further reduce the unlikely possibility of 
injury from direct physical interaction with construction operations.
    Disturbance Zone--Disturbance zones are the areas in which sound 
pressure levels (SPLs) equal or exceed 120 dB rms (for continuous 
sound) for pile driving installation and removal. Disturbance zones 
provide utility for monitoring conducted for mitigation purposes (i.e., 
shutdown zone monitoring) by establishing monitoring protocols for 
areas adjacent to the shutdown zones. Monitoring of disturbance zones 
enables observers to be aware of and communicate the presence of marine 
mammals in the project area but outside the shutdown zone and thus 
prepare for potential

[[Page 51223]]

shutdowns of activity. However, the primary purpose of disturbance zone 
monitoring is for documenting incidents of Level B harassment; 
disturbance zone monitoring is discussed in greater detail later (see 
``Proposed Monitoring and Reporting''). Nominal radial distances for 
disturbance zones are shown in Table 4 later in this notice. During 
impact driving, the Level B harassment zone shall extend to 225 meters 
for Steller sea lions, harbor seals, harbor porpoises, and killer 
whales. This 225 meter distance will serve as a shutdown zone for all 
other marine mammals (humpback whale, Dall's porpoise, gray whale, fin 
whale, or any other) to avoid Level B take. Level B take of humpback 
whales, Dall's porpoises, gray whales, and fin whales is not requested 
and will be avoided by shutting down before individuals of these 
species enter the Level B zone.
    During vibratory pile installation and removal, the Level B 
harassment zone shall extend to 1,150 meters for Steller sea lions, 
harbor seals, harbor porpoises, and killer whales. This 1,150-meter 
distance will serve as a shutdown zone for all other marine mammals 
(humpback whale, Dall's porpoise, gray whale, fin whale, or any other) 
to avoid Level B take.
    In order to document observed incidents of harassment, monitors 
record all marine mammal observations, regardless of location. The 
observer's location, as well as the location of the pile being driven, 
is known from a GPS. The location of the animal is estimated as a 
distance from the observer, which is then compared to the location from 
the pile and the estimated zone of influence (ZOI) for relevant 
activities (i.e., pile installation and removal). This information may 
then be used to extrapolate observed takes to reach an approximate 
understanding of actual total takes.
    Time Restrictions--Work would occur only during daylight hours, 
when visual monitoring of marine mammals can be conducted. To minimize 
impacts to pink salmon (Oncorhynchus gorbuscha) fry and coho salmon (O. 
kisutch) smolt, all in-water pile extraction and installation is 
planned to be completed by 30 April 2016. If work cannot be completed 
by 30 April, the DOT&PF refrain from impact pile installation without a 
bubble curtain from May 1, through June 30 within the 12-hour period 
beginning daily at the start of civil dawn (Marie 2015). ADF&G stated 
that this is the daily time period when the majority of juvenile salmon 
are moving through the project area, and a 12-hour quiet period may 
protect migrating juvenile salmon from excessive noise (Frost 2015). 
Impact pile installation would be acceptable without a bubble curtain 
from May 1 through June 30 in the evenings, beginning at 12 hours past 
civil dawn (Marie 2015).

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of affecting 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 
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, 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, 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 applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on marine mammals species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an 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 
incidental take authorizations (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.
    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

[[Page 51224]]

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.
    The DOT&PF submitted a marine mammal monitoring plan as part of the 
IHA application for this project, which can be found at 
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. The plan may 
be modified or supplemented based on comments or new information 
received from the public during the public comment period.

Visual Marine Mammal Observation

    The DOT&PF will collect sighting data and behavioral responses to 
construction for marine mammal species observed in the region of 
activity during the period of activity. All observers will be trained 
in marine mammal identification and behaviors and are required to have 
no other construction-related tasks while conducting monitoring. The 
DOT&PF will monitor the shutdown zone and disturbance zone before, 
during, and after pile driving. The Marine Mammal Observers (MMOs) and 
DOT&PF authorities will meet to determine the most appropriate 
observation platform(s) for monitoring during pile installation and 
extraction.
    Based on our requirements, the Marine Mammal Monitoring Plan would 
implement the following procedures for pile driving:
     Individuals meeting the minimum qualifications identified 
in the applicant's monitoring plan (Appendix A of the application) 
would monitor Level A and Level B harassment zones during pile driving 
and extraction activities.
     The area within the Level B harassment threshold for 
impact driving will be monitored by appropriately stationed MMOs. Any 
marine mammal documented within the Level B harassment zone during 
impact driving would constitute a Level B take (harassment), and will 
be recorded and reported as such.
     During Impact and vibratory pile driving, a shutdown zone 
will be established to include all areas where the underwater SPLs are 
anticipated to equal or exceed the Level A (injury) criteria for marine 
mammals (180 dB isopleth for cetaceans; 190 dB isopleth for pinnipeds). 
Pile installation will not commence or will be suspended temporarily if 
any marine mammals are observed within or approaching the area.
     The individuals will scan the waters within each 
monitoring zone activity using binoculars (Vector 10X42 or equivalent), 
spotting scopes (Swarovski 20-60 zoom or equivalent), and visual 
observation.
     Use a hand-held or boat-mounted GPS device or rangefinder 
to verify the required monitoring distance from the project site.
     If waters exceed a sea-state which restricts the 
observers' ability to make observations within the marine mammal 
shutdown zone (e.g. excessive wind or fog), pile installation will 
cease. Pile driving will not be initiated until the entire shutdown 
zone is visible.
     Conduct pile driving and extraction activities only during 
daylight hours from sunrise to sunset when it is possible to visually 
monitor marine mammals.
     The waters will be scanned 30 minutes prior to commencing 
pile driving at the beginning of each day, and prior to commencing pile 
driving after any stoppage of 20 minutes or greater. If marine mammals 
enter or are observed within the designated marine mammal shutdown zone 
during or 20 minutes prior to pile driving, the monitors will notify 
the on-site construction manager to not begin until the animal has 
moved outside the designated radius.
     The waters will continue to be scanned for at least 20 
minutes after pile driving has completed each day, and after each 
stoppage of 20 minutes or greater.

Data Collection

    We require that observers use approved data forms. Among other 
pieces of information, the DOT&PF will record detailed information 
about any implementation of shutdowns, including the distance of 
animals to the pile and description of specific actions that ensued and 
resulting behavior of the animal, if any. In addition, the DOT&PF will 
attempt to distinguish between the number of individual animals taken 
and the number of incidents of take. We require that, at a minimum, the 
following information be collected on the sighting forms:
     Date and time that monitored activity begins or ends;
     Construction activities occurring during each observation 
period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
     Distance from pile driving activities to marine mammals 
and distance from the marine mammals to the observation point;
     Locations of all marine mammal observations; and
     Other human activity in the area.

Proposed Reporting Measures

    The DOT&PF would provide NMFS with a draft monitoring report within 
90 days of the conclusion of the proposed construction work. 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 no comments are received from NMFS within 30 
days, the draft final report will constitute the final report. If 
comments are received, a final report must be submitted within 30 days 
after receipt of comments.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury or 
mortality (e.g., ship-strike, gear interaction, and/or entanglement), 
the DOT&PF would immediately cease the specified activities and 
immediately report the incident to Jolie Harrison 
([email protected]), Chief of the Permits and Conservation 
Division, Office of Protected Resources, NMFS, and Aleria Jensen 
([email protected]), Alaska Stranding Coordinator. The report 
would include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;

[[Page 51225]]

     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with the DOT&PF 
to determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The DOT&PF would not be 
able to resume their activities until notified by NMFS via letter, 
email, or telephone.
    In the event that the DOT&PF discovers an injured or dead marine 
mammal, and the lead MMO 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), 
the DOT&PF would immediately report the incident to Jolie Harrison 
([email protected]), Chief of the Permits and Conservation 
Division, Office of Protected Resources, NMFS, and Aleria Jensen 
([email protected]), Alaska Stranding Coordinator.
    The report would include the same information identified in the 
paragraph above. Activities would be able to continue while NMFS 
reviews the circumstances of the incident. NMFS would work with the 
DOT&PF to determine whether modifications in the activities are 
appropriate.
    In the event that the DOT&PF discovers an injured or dead marine 
mammal, and the lead MMO 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), the DOT&PF would report the 
incident to Jolie Harrison ([email protected]), Chief of the 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the NMFS West Coast Stranding Hotline and/or by 
email to Aleria Jensen ([email protected]), Alaska Stranding 
Coordinator, within 24 hours of the discovery. The DOT&PF would provide 
photographs or video footage (if available) or other documentation of 
the stranded animal sighting to NMFS and the Marine Mammal Stranding 
Network.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, 
section 3(18) of the MMPA defines ``harassment'' as: ``. . . any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].''
    All anticipated takes would be by Level A and Level B harassment 
resulting from vibratory pile driving and removal. Level A harassment 
has the potential to cause injury to a marine mammal or marine mammal 
stock while Level B harassment may result in temporary changes in 
behavior. Note that lethal takes are not expected due to the proposed 
mitigation and monitoring measures that are expected to minimize the 
possibility of such take.
    If a marine mammal responds to a stimulus by changing its behavior 
(e.g., through relatively minor changes in locomotion direction/speed 
or vocalization behavior), the response may or may not constitute 
taking at the individual level, and is unlikely to affect the stock or 
the species as a whole. However, if a sound source displaces marine 
mammals from an important feeding or breeding area for a prolonged 
period, impacts on animals or on the stock or species could potentially 
be significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007). Given 
the many uncertainties in predicting the quantity and types of impacts 
of sound on marine mammals, it is common practice to estimate how many 
animals are likely to be present within a particular distance of a 
given activity, or exposed to a particular level of sound.
    Upland work can generate airborne sound and create visual 
disturbance that could potentially result in disturbance to marine 
mammals (specifically, pinnipeds) that are hauled out or at the water's 
surface with heads above the water. However, because there are no 
regular haul-outs in close proximity to Pier 1, NMFS believes that 
incidents of incidental take resulting from airborne sound or visual 
disturbance are unlikely.
    DOT&PF has requested authorization for the incidental taking of 
small numbers of killer whale, harbor porpoise, Steller sea lion, and 
harbor seal near the Pier 1 project area that may result from impact 
and vibratory pile driving, vibratory pile removal and down-hole 
drilling construction activities associated with the dock improvement 
project at Pier 1.
    In order to estimate the potential incidents of take that may occur 
incidental to the specified activity, we must first estimate the extent 
of the sound field that may be produced by the activity and then 
consider in combination with information about marine mammal density or 
abundance in the project area. We first provide information on 
applicable sound thresholds for determining effects to marine mammals 
before describing the information used in estimating the sound fields, 
the available marine mammal density or abundance information, and the 
method of estimating potential incidences of take.

Sound Thresholds

    We use the following generic sound exposure thresholds to determine 
when an activity that produces sound might result in impacts to a 
marine mammal such that a take by harassment might occur.

             Table 3--Underwater Injury and Disturbance Threshold Decibel Levels for Marine Mammals
----------------------------------------------------------------------------------------------------------------
              Criterion                     Criterion definition                      Threshold *
----------------------------------------------------------------------------------------------------------------
Level A harassment...................  PTS (injury) conservatively    190 dB RMS for pinnipeds
                                        based on TTS.**               180 dB RMS for cetaceans.
Level B harassment...................  Behavioral disruption for      160 dB RMS.
                                        impulse noise (e.g., impact
                                        pile driving).
Level B harassment...................  Behavioral disruption for non- 120 dB RMS.
                                        pulse noise (e.g., vibratory
                                        pile driving, drilling).
----------------------------------------------------------------------------------------------------------------
* All decibel levels referenced to 1 micropascal (re: 1 [mu]Pa). Note all thresholds are based off root mean
  square (RMS) levels.
** PTS = Permanent Threshold Shift; TTS = Temporary Threshold Shift.


[[Page 51226]]

Distance to Sound Thresholds

    The sound field in the project area is the existing ambient noise 
plus additional construction noise from the proposed project. The 
primary components of the project expected to affect marine mammals is 
the sound generated by impact pile driving, vibratory pile driving, 
vibratory pile removal and down-hole drilling. Direct pull and 
clamshell removal of old timber piles do not produce noise levels 
expected to impact marine mammals, although, depending on conditions, 
these may require vibratory hammer removal.
    After vibratory hammering has installed the pile through the 
overburden to the top of the bedrock layer, the vibratory hammer will 
be removed, and the down-hole drill will be inserted through the pile. 
The head extends below the pile and the drill rotates through soils and 
rock. The drilling/hammering takes place below the sediment layer and, 
as the drill advances, below the bedrock layer as well. Underwater 
noise levels are relatively low because the impact is taking place 
below the substrate rather than at the top of the piling, which limits 
transmission of noise through the water column. Additionally, there is 
a drive shoe welded on the bottom of the pile and the upper portion of 
the bit rests on the shoe, which aids in advancement of the pile as 
drilling progresses. When the proper depth is achieved, the drill is 
retracted and the pile is left in place. Down-hole drilling is 
considered a pulsed noise due to periodic impacts from the drill below 
ground level (PND Engineers 2013). Impact hammering typically generates 
the loudest noise associated with pile driving, but for the Pier 1 
project, use will be limited to a few blows per permanent 24-inch pile.
    Several factors are expected to minimize the potential impacts of 
pile-driving and drilling noise associated with the project:
     The soft sediment marine seafloor and shallow waters in 
the proposed project area.
     Land forms across the channel that will block the noise 
from spreading .
     The relatively high background noise level in the project 
area.
    Sound will dissipate relatively rapidly in the shallow waters over 
soft seafloors in the project area (NMFS 2013). St. Herman Harbor 
(Figure 1-2 in the application), where the Dog Bay float is located, is 
protected from the Pier 1 construction noise by land projections and 
islands, which will block and redirect sound. Near Island and Kodiak 
Island, on either side of Near Island Channel, prevent the sound from 
travelling underwater to the north, south, and southeast, restricting 
the noise to the channel.
    The project includes direct pulling and possibly vibratory removal 
of 13-inch timber and 16-inch steel piles; vibratory installation and 
removal of temporary steel pipe or H-piles; vibratory installation and 
down-hole drilling of permanent 24-inch steel pipe piles; and vibratory 
installation of 18-inch steel pipe piles and 16-inch timber piles (16 
inches is the typical butt/top dimension, and these are typically 
around 12-inches in diameter at the pile tip/bottom). Each 24-inch pile 
will also be subject to a few blows from an impact hammer for proofing. 
No data are available for vibratory removal of piles, so it will be 
conservatively assumed that vibratory removal of piles will produce the 
same source level as vibratory installation.
    Vibratory extraction and installation of timber piles will be 
estimated to generate 152 dB rms at 16 meters as is shown in Table 6-3 
of the application (Laughlin 2011). Vibratory extraction of 16-inch 
steel piles will be conservatively estimated to generate the same sound 
as installation of 24-inch piles (162 dB rms at 10 meters).
    Little information is available for sound generated during 
vibratory installation or removal of steel H-piles; however, ICF Jones 
& Stokes and Illingworth & Rodkin, Inc. (2009) reported that the 
typical noise level during vibratory hammering was 147 dB rms at 10 
meters for 10-inch steel H-piles and 150 dB rms at 10 meters for 12-
inch steel H-piles. Vibratory installation and removal of temporary 
steel pipe or H-piles will therefore be estimated to generate 150 dB 
rms at 10 meters (Table 6-3).
    Vibratory installation of a 24-inch steel pile generated 162 dB rms 
measured at 10 meters (Laughlin 2010a). Vibratory installation of 12-
inch and 36-inch steel piles generated 150 and 170 dB rms at 10 meters, 
respectively (Maine Department of Transportation and Eastport Port 
Authority 2014), further supporting the intermediate estimate of 162 dB 
rms for driving 24-inch steel piles (Table 6-3).
    Vibratory installation of 18-inch steel piles will be 
conservatively estimated to generate the same sound as driving of 24-
inch piles (162 dB rms at 10 meters). No data are available for the 
vibratory installation of 12-inch timber piles; therefore, vibratory 
installation of 12-inch timber piles will also be conservatively 
estimated to generate the same sound level as installation of 24-inch 
steel piles (Table 6-3).
    Dazey et al. (2012) measured sound levels generated by down-hole 
drilling and found the average calculated source SPL to be 133 dB rms. 
URS (2011) reported that down-hole drilling methods generate pulses 
with a maximum sound source level of 165 dB (re 1 [mu]Pa at 1 meter) at 
200 Hz. The 160-dB isopleth (Level B harassment for pulsed noise 
sources) for a down-hole drill was estimated to be 3 meters during a 
project in Australia that included installation of piles (URS 2011). 
Down-hole drilling will therefore be estimated to generate 160 dB rms 
at 3 meters (Table 6-3).
    Impact driving of 24-inch steel piles is commonly assumed to 
generate 189 dB rms measured at 10 meters (WSDOT 2010). Laughlin (2006) 
reported that use of Micarta caps resulted in 7- to 8-dB reductions in 
sound level. A conservative reduction of 6 dB therefore yields an 
estimate of 183 dB rms at 10 meters if pile caps are used (Table 6-3).
    Underwater Sound Propagation Formula--Pile driving generates 
underwater noise that can potentially result in disturbance to marine 
mammals in the project area. Transmission loss (TL) is the decrease in 
acoustic intensity as an acoustic pressure wave propagates out from a 
source. TL parameters vary with frequency, temperature, sea conditions, 
current, source and receiver depth, water depth, water chemistry, and 
bottom composition and topography. The general formula for underwater 
TL is:

TL = B * log10 (R1/R2),

where:

TL = transmission loss in dB
R1 = the distance of the modeled SPL from the driven 
pile, and
R2 = the distance from the driven pile of the initial 
measurement.
    NMFS typically recommends a default practical spreading loss of 15 
dB per tenfold increase in distance. However, for this analysis for the 
Pier 1 project area, a TL of 18Log(R/10) (i.e., 18-dB loss per tenfold 
increase in distance) was used for vibratory pile driving and a 17Log 
TL(R/10) function was used for impact driving (Illingworth & Rodkin 
2014). TL values were based on measured attenuation rates in Hood Canal 
in the State of Washington (Illingworth & Rodkin 2013), where the 
marine environment is assumed to be similar to marine conditions in the 
Pier 1 project area. Illingworth & Rodkin (2013, 2014) have applied 
these same TL values to a test pile project proposed at the Port of 
Anchorage, and other

[[Page 51227]]

researchers have measured similar attenuation rates for pile-driving 
projects (Caltrans 2012). Field measurements of TL can be as high as 22 
to 29 dB per tenfold increase in distance in some locations (e.g., Knik 
Arm, Alaska; Blackwell 2005), and the use of these values is therefore 
considered a conservative application.
    Distances to the harassment isopleths vary by marine mammal type 
and pile extraction/driving tool. The Level B harassment isopleth 
during impact pile driving is 225 meters when pile caps are used; 1,136 
meters during vibratory pile driving; and 3 meters during down-hole 
drilling (Table 6-6; Figure 6-1). The Level B harassment monitoring 
zone for vibratory pile driving will be rounded up to 1,150 meters for 
the Pier 1 project. Level A harassment of Steller sea lions would occur 
only within 4 meters if pile caps are used during impact hammering, or 
within 9 meters if pile caps are not used as is shown in Table 4.

     Table 4--Distances in Meters From Pier 1 Construction Activity to NMFS' Level A and Level B Harassment
 Thresholds (Isopleths) for Different Pile Installation and Extraction Methods and Pile Types, Assuming a 125-dB
                                             Background Noise Level
----------------------------------------------------------------------------------------------------------------
                                                                              Level A                 Level B
                                                                 -----------------------------------------------
                        Method, Pile Type                                                          Pinnipeds and
                                                                     Pinnipeds       Cetaceans       Cetaceans
----------------------------------------------------------------------------------------------------------------
                                                Vibratory Hammer
----------------------------------------------------------------------------------------------------------------
Timber pile extraction..........................................              <1              <1             506
Steel H-piles...................................................              <1              <1             167
24-inch steel piles.............................................              <1               1            1136
18-inch steel piles.............................................              <1               1            1136
16-inch timber piles............................................              <1               1            1136
----------------------------------------------------------------------------------------------------------------
                                                 Down-hole Drill
----------------------------------------------------------------------------------------------------------------
24-inch steel piles.............................................              <1              <1               3
----------------------------------------------------------------------------------------------------------------
                                                  Impact Hammer
----------------------------------------------------------------------------------------------------------------
                                                    With caps
----------------------------------------------------------------------------------------------------------------
24-inch steel piles.............................................               4              15             225
----------------------------------------------------------------------------------------------------------------
                                                  Without caps
----------------------------------------------------------------------------------------------------------------
24-inch steel piles.............................................               9              34             508
----------------------------------------------------------------------------------------------------------------

    Note that the actual area insonified by pile driving activities is 
significantly constrained by local topography relative to the total 
threshold radius. The actual insonified area was determined using a 
straight line-of-sight projection from the anticipated pile driving 
locations. Distances to the underwater sound isopleths for Level B and 
Level A are illustrated respectively in Figure 6-1 and Figure 6-2 in 
the application.
    The method used for calculating potential exposures to impact and 
vibratory pile driving noise for each threshold was estimated using 
local marine mammal data sets, the Biological Opinion, best 
professional judgment from state and federal agencies, and data from 
IHA estimates on similar projects with similar actions. All estimates 
are conservative and include the following assumptions:
     All pilings installed at each site would have an 
underwater noise disturbance equal to the piling that causes the 
greatest noise disturbance (i.e., the piling furthest from shore) 
installed with the method that has the largest ZOI. The largest 
underwater disturbance ZOI would be produced by vibratory driving steel 
and timber piles. The ZOIs for each threshold are not spherical and are 
truncated by land masses on either side of the channel which would 
dissipate sound pressure waves.
     Exposures were based on estimated work days. Numbers of 
days were based on an average production rate of 80 days of vibratory 
driving, 22 days of impact driving and 60 days of down-hole drilling. 
Note that impact driving is likely to occur only on days when vibratory 
driving occurs.
     In absence of site specific underwater acoustic 
propagation modeling, the practical spreading loss model was used to 
determine the ZOI.

Steller Sea Lions

    Incidental take was estimated for Steller sea lions by assuming 
that, within any given day, about 40 unique individual Steller sea 
lions may be present at some time during that day within the Level B 
harassment zone during active pile extraction or installation. This 
estimate was derived from the following information, previously 
described in the FR in the section

Description of Marine Mammals in the Area of the Specified Activity

    Pinniped population estimates are typically made when the animals 
are hauled out and available to be counted. Steller sea lions hauled 
out on the Dog Bay float are believed to represent the Kodiak Harbor 
population. Aerial surveys from 2004 through 2006 indicated peak winter 
(October-April) counts at the Dog Bay float ranging from 27 to 33 
animals (Wynn et al. 2011). Counts in February 2015 during a site visit 
by HDR biologists ranged from approximately 28 to 45 Steller sea lions. 
More than 100 Steller sea lions were counted on the Dog Bay float at 
times in spring 2015, although the mean number was much smaller (Wynne 
2015b). Together, this information may indicate a maximum population of 
about 120 Steller sea lions that uses the Kodiak harbor area.
    Steller sea lions found in more ``natural'' settings do not usually 
eat every day, but tend to forage every 1-

[[Page 51228]]

2 days and return to haulouts to rest between foraging trips (Merrick 
and Loughlin 1997; Rehburg et al. 2009). This means that on any given 
day a maximum of about 60 Steller sea lions from the local population 
may be foraging. Note that there are at least four other seafood 
processing facilities in Kodiak that operate concurrently with the one 
located next to Pier 1, and all are visited by local Steller sea lions 
looking for food (Wynne 2015a). The seafood processing facility 
adjacent to the Pier 1 project site is not the only source of food for 
local Steller sea lions that inhabit the harbor area. The foraging 
habits of Steller sea lions using the Dog Bay float and Kodiak harbor 
area are not documented, but it is reasonable to assume that, given the 
abundance of readily available food, not every Steller sea lion in the 
area visits the seafood processing plant adjacent to Pier 1 every day. 
If about half of the foraging Steller sea lions visit the seafood 
processing plant adjacent to Pier 1, it is estimated that about 30 
unique individual Steller sea lions likely pass through the Pier 1 
project area each day and could be exposed to Level B harassment. To be 
conservative, exposure is estimated at 40 unique individual Steller sea 
lions per day.
    It is assumed that Steller sea lions may be present every day, and 
also that take will include multiple harassments of the same 
individual(s) both within and among days, which means that these 
estimates are likely an overestimate of the number of individuals.
    Expected durations of pile extraction and driving were estimated in 
Section 1.4 of the application. For each pile extraction or 
installation activity, the calculation for Steller sea lion exposures 
to underwater noise is therefore estimated as:

Exposure estimate = (number of animals exposed > sound thresholds)/day 
* number of days of activity

    An estimated total of 3,200 Steller sea lions (40 sea lions/day * 
80 days of pile installation or extraction) could be exposed to noise 
at the Level B harassment level during vibratory and impact pile 
driving (Table 5). The expected take from exposure to noise from down-
hole drilling is expected to be very low because of the low noise 
levels produced by this type of pile installation, and the 3-meter 
distance to the Level B isopleth. Potential exposure at the Level B 
harassment level for down-hole drilling is estimated at 60 Steller sea 
lions, roughly one every one to two days.

 Table 5--Numbers of Potential Exposures of Steller Sea Lions to Level A and Level B Harassment Noise From Pile
              Driving Based on Predicted Underwater Noise Levels Resulting From Project Activities
----------------------------------------------------------------------------------------------------------------
                                                           Vibratory  and    Down-hole  drill    Impact  hammer
                                                               impact      -------------------------------------
                                                        -------------------
                                                              Level B            Level B            Level A
----------------------------------------------------------------------------------------------------------------
Number of Days.........................................                 80                 60                 22
Number of Steller Sea Lion Exposures...................              3,200                 60                 30
----------------------------------------------------------------------------------------------------------------

    The attraction of sea lions to the seafood processing plant 
increases the possibility of individual Steller sea lions occasionally 
entering the Level A harassment zone before they are observed and 
before pile driving can be shut down. Even with marine mammal observers 
present at all times during pile installation, it is possible that sea 
lions could approach quickly and enter the Level A harassment zone, 
even as pile driving activity is being shut down. This likelihood is 
increased by the high level of sea lion activity in the area, with 
Steller sea lions following vessels and swimming around vessels at the 
neighboring dock. It is possible that a single sea lion could be taken 
each day that impact pile driving occurs. As such, NMFS proposes an 
additional 22 Level A takes plus a roughly 30 percent contingency of 8 
additional takes, for a total of 30 takes for Level A harassment. 
Potential for Level A harassment of Steller sea lions is estimated to 
only occur during impact hammering due to the very small Level A 
harassment zones for all other construction activities.

Harbor Seals

    Harbor seals are expected to be encountered in low numbers, if at 
all, within the project area. However, based on the known range of the 
South Kodiak stock, and occasional sightings during monitoring of 
projects at other locations on Kodiak Island, NMFS proposes 40 Level B 
takes (1 take every other day) of harbor seals by exposure to 
underwater noise over the duration of construction activities.

Harbor Porpoises

    Harbor porpoises are expected to be encountered in low numbers, if 
at all, within the project area. However, based on the known range of 
the Gulf of Alaska stock and occasional sightings during monitoring of 
projects at other locations on Kodiak Island, NMFS proposes 40 Level B 
takes (1 take every other day) of harbor porpoises by exposure to 
underwater noise over the duration of construction activities.

Killer Whales

    Resident killer whales are rarely sighted in the project area and, 
therefore, NMFS is not proposing the take of any resident killer 
whales. Transient killer whales are expected to be encountered in the 
project area occasionally, although no data exist to quantify killer 
whale attendance. Killer whales are expected to be in the Kodiak harbor 
area sporadically from January through April and to enter the project 
area in low numbers. Based on the known range and behavior of the 
Alaska Resident stock and the Gulf of Alaska, Aleutian Islands, and 
Bering Sea Transient stocks, it is reasonable to estimate that 6 
individual whales may enter the project area twice a month from 
February through May. NMFS therefore proposes 48 Level B takes (6 
killer whales/visit * 2 visits/month * 4 months) of killer whales by 
exposure to underwater noise over the duration of construction 
activities.

[[Page 51229]]



     Table 6--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level A and Level B
                                         Harassment Noise Levels Species
----------------------------------------------------------------------------------------------------------------
                                                       Level       Level injury       Level B
                                                     threshold       threshold      harassment
                     Species                         cetaceans       pinnipeds       threshold         Total
                                                     (180 dB)        (190 dB)        (160 dB)
----------------------------------------------------------------------------------------------------------------
Steller sea lion................................              NA              30           3,260           3,290
Harbor seal.....................................              NA               0              40              40
Harbor porpoise.................................               0              NA              40              40
Killer whale....................................               0              NA              48              48
                                                 ---------------------------------------------------------------
    Total.......................................               0              30           3,388           3,418
----------------------------------------------------------------------------------------------------------------
NA indicates Not Applicable.

Analysis and Preliminary 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, effects on habitat, and the status 
of the species.
    To avoid repetition, the discussion of our analyses applies to all 
the species listed in Table 6, given that the anticipated effects of 
this pile driving project on marine mammals are expected to be 
relatively similar in nature. There is no information about the size, 
status, or structure of any species or stock that would lead to a 
different analysis for this activity, else species-specific factors 
would be identified and analyzed.
    Pile extraction, pile driving, and down-hole drilling activities 
associated with the reconstruction of the Pier 1 Kodiak Ferry Terminal 
and Dock, as outlined previously, have the potential to disturb or 
displace marine mammals. Specifically, the specified activities may 
result in take, in the form of Level A (injury) and Level B harassment 
(behavioral disturbance), from underwater sounds generated from pile 
driving. Potential takes could occur if individuals of these species 
are present in the insonified zone when pile driving is under way.
    The takes from Level B harassment will be due to potential 
behavioral disturbance and TTS. The takes from Level A harassment will 
be due to potential PTS. No mortality is anticipated given the nature 
of the activity and measures designed to minimize the possibility of 
injury to marine mammals. The potential for these outcomes is minimized 
through the construction method and the implementation of the planned 
mitigation measures. Specifically, the use of impact driving will be 
limited to an estimated maximum of 3 hours over the course of 80 days 
of construction, and will likely require less time. Each 24-inch pile 
will require about five blows of an impact hammer to confirm that piles 
are set into bedrock for a maximum time expected of 1 minute of impact 
hammering per pile (88 piles x 1 minute/per pile = 88 minutes). 
Vibratory driving will be necessary for an estimated maximum of 75 
hours and down-hole drilling will require a maximum of 550 hours. 
Vibratory driving and down-hole drilling do not have significant 
potential to cause injury to marine mammals due to the relatively low 
source levels produced and the lack of potentially injurious source 
characteristics. The likelihood that marine mammal detection ability by 
trained observers is high under the environmental conditions described 
for the reconstruction of the Pier 1 Kodiak Ferry Terminal and Dock 
further enables the implementation of shutdowns to limit injury, 
serious injury, or mortality.
    The DOT&PF's proposed activities are localized and of short 
duration. The entire project area is limited to the Pier 1 area and its 
immediate surroundings. Actions covered under the Authorization would 
include extracting 196 13-inch timber piles, 14 16-inch steel piles, 
installing 88 temporary steel or H-piles, extracting those 88 piles, 
installing 88 24-inch steel piles, 10 18-inch steel piles and 8 16-inch 
timber piles.
    These localized and short-term noise exposures may cause auditory 
injury to a small number of Steller sea lions, as well as short-term 
behavioral modifications in killer whales, Steller sea lions, harbor 
porpoises, and harbor seals. Moreover, the proposed mitigation and 
monitoring measures are expected to reduce the likelihood of injury and 
behavior exposures. 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 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, including Steller sea lion 
critical habitat. 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.
    Effects on individuals that are taken by Level A harassment may 
include permanent threshold shift. However, the possibility exists that 
some of the sea lions frequenting the Kodiak harbor area are already 
hearing-impaired or deaf (Wynne 2014). Fishermen have been known to 
protect their gear and catches by using ``seal bombs'' in an effort to 
disperse sea lions away from fishing

[[Page 51230]]

gear. Sound levels produced by seal bombs are well above levels that 
are known to cause Temporary Threshold Shift (TTS, temporary loss of 
hearing) and Permanent Threshold Shift (PTS, partial or full loss of 
hearing) in marine mammals (Wynne 2014). The use of seal bombs requires 
appropriate permits from the Bureau of Alcohol, Tobacco, Firearms and 
Explosives. Seal bombs may be used as long as such use does not result 
in mortality or serious injury of a marine mammal; however, seal bombs 
should not be used on any ESA-listed species (Laws 2015). Although no 
studies have been published that document hearing-impaired sea lions in 
the area, this possibility is important to note as it pertains to 
mitigation measures that will be effective for this project.
    Sea lions in the Kodiak harbor area are habituated to fishing 
vessels and are skilled at gaining access to fish. It is likely that 
some of the same animals follow local vessels to the nearby fishing 
grounds and back to town. It is also likely that hearing-impaired or 
deaf sea lions are among the sea lions that attend the seafood 
processing facility adjacent to the Pier 1 construction site. It is not 
known how a hearing-impaired or deaf sea lion would respond to typical 
mitigation efforts at a construction site such as ramping up of pile-
driving equipment. It is also unknown whether a hearing-impaired or 
deaf sea lion would avoid pile-driving activity, or whether such an 
animal might approach closely, even within the Level A harassment zone, 
without responding to or being impacted by the noise level. If it is 
observed that some sea lions found within the Level A harassment zone 
do not respond to mitigation efforts, these animals may have previously 
suffered injury in the form of PTS. Therefore, any additional auditory 
injury associated with the Pier 1 project would be unlikely.
    Effects on individuals that are taken by Level B harassment, on the 
basis of reports in the literature as well as monitoring from other 
similar activities, will likely be limited to reactions such as 
increased swimming speeds, increased surfacing time, or decreased 
foraging (if such activity were occurring) (e.g., Thorson and Reyff, 
2006; Lerma, 2014). Most likely, individuals will simply move away from 
the sound source and be temporarily displaced from the areas of pile 
driving, although even this reaction has been observed primarily only 
in association with impact pile driving. In response to vibratory 
driving, pinnipeds (which may become somewhat habituated to human 
activity in industrial or urban waterways) have been observed to orient 
towards and sometimes move towards the sound. The pile extraction and 
driving activities analyzed here are similar to, or less impactful 
than, numerous construction activities conducted in other similar 
locations, which have taken place with no reported injuries or 
mortality to marine mammals, and no known long-term adverse 
consequences from behavioral harassment. Repeated exposures of 
individuals to levels of sound that may cause Level B harassment are 
unlikely to result in hearing impairment or to significantly disrupt 
foraging behavior. Thus, even repeated Level B harassment of some small 
subset of the overall stock is unlikely to result in any significant 
realized decrease in fitness for the affected individuals, and thus 
would not result in any adverse impact to the stock as a whole.
    In summary, this negligible impact analysis is founded on the 
following factors: (1) The possibility of non-auditory injury, serious 
injury, or mortality may reasonably be considered discountable; (2) the 
anticipated incidents of Level B harassment consist of, at worst, 
temporary modifications in behavior and; (3) the presumed efficacy of 
the proposed mitigation measures in reducing the effects of the 
specified activity to the level of least practicable impact. In 
combination, we believe that these factors, as well as the available 
body of evidence from other similar activities, demonstrate that the 
potential effects of the specified activity will have only short-term 
effects on individuals. The specified activity is not expected to 
impact rates of recruitment or survival and will therefore not result 
in population-level impacts.
    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 preliminarily finds that the total marine 
mammal take from the DOT&PF's reconstruction of the Pier 1 Kodiak Ferry 
Terminal and Dock will have a negligible impact on the affected marine 
mammal species or stocks.

Small Numbers Analysis

    Table 7 demonstrates the number of animals that could be exposed to 
received noise levels that could cause Level A and Level B behavioral 
harassment for the proposed work at the Pier 1 project site. The 
analyses provided above represents between <0.01%-8.1% of the 
populations of these stocks that could be affected by harassment. The 
numbers of animals authorized to be taken for all species would be 
considered small relative to the relevant stocks or populations even if 
each estimated taking occurred to a new individual--an extremely 
unlikely scenario. For pinnipeds, especially Steller sea lions, 
occurring in the vicinity of Pier 1 there will almost certainly be some 
overlap in individuals present day-to-day, and these takes are likely 
to occur only within some small portion of the overall regional stock.

       Table 7--Estimated Numbers and Percentage of Stock That May Be Exposed to Level A and B Harassment
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed        Stock(s)
                             Species                                authorized       abundance     Percentage of
                                                                       takes         estimate       total stock
----------------------------------------------------------------------------------------------------------------
Killer Whale (Orcinus orca); Eastern N. Pacific, Gulf of Alaska,              48             587            8.1%
 Aleutian Islands, and Bering Seat Transient Stock..............
Harbor Porpoise (Phocoena phocoena); Gulf of Alaska Stock.......              40          31,046          <0.01%
Steller Sea Lion (Eumetopias jubatus); wDPS Stock...............         * 3,290          52,200             6.3
Harbor Seal (Phoca vitulina richardii); South Kodiak Stock......              40          11,117          <0.01%
----------------------------------------------------------------------------------------------------------------
* (Includes 3,260 Level B and 30 Level A takes).

    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 preliminarily finds 
that small numbers of marine mammals will be taken

[[Page 51231]]

relative to the populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    Alaska Natives have traditionally harvested subsistence resources 
in the Kodiak area for many hundreds of years, particularly Steller sea 
lions and harbor seals. No traditional subsistence hunting areas are 
within the project vicinity, however; the nearest haulouts for Steller 
sea lions and harbor seals are the Long Island and Cape Chiniak haul-
outs and the Marmot Island rookery, many miles away. These locations 
are respectively 4, 12 and 30 nautical miles distant from the project 
area. Since all project activities will take place within the immediate 
vicinity of the Pier 1 site, the project will not have an adverse 
impact on the availability of marine mammals for subsistence use at 
locations farther away. No disturbance or displacement of sea lions or 
harbor seals from traditional hunting areas by activities associated 
with the Pier 1 project is expected. No changes to availability of 
subsistence resources will result from Pier 1 project activities.

Endangered Species Act (ESA)

    There are two marine mammal species that are listed as endangered 
under the ESA with confirmed or possible occurrence in the study area: 
Humpback whale and Southern resident killer whale. For the purposes of 
this IHA, NMFS determined that take of Southern resident killer whales 
was highly unlikely given the rare occurrence of these animals in the 
project area. A similar conclusion was reached for humpback whales. On 
March 18, 2011, NMFS signed a Biological Opinion concluding that the 
proposed action is not likely to jeopardize the continued existence of 
humpback whales and may affect, but is not likely to adversely affect 
Southern resident killer whales.

National Environmental Policy Act (NEPA)

    NMFS is also preparing an Environmental Assessment (EA) in 
accordance with the National Environmental Policy Act (NEPA) and will 
consider comments submitted in response to this notice as part of that 
process. The EA will be posted at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm once it is finalized.

Proposed Incidental Harassment Authorization

    As a result of these preliminary determinations, we propose to 
issue an IHA to the DOT&PF for the Pier 1 Kodiak Ferry Terminal and 
Dock Improvements Project provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated. The proposed 
IHA language is provided next.
    1. This Incidental Harassment Authorization (IHA) is valid from 
September 30, 2015 through September 29, 2016.
    2. This Authorization is valid only for in-water construction work 
associated with the Pier 1 Kodiak Ferry Terminal and Dock Improvements 
Project.
    3. General Conditions:
    (a) A copy of this IHA must be in the possession of the DOT&PF, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The species authorized for taking include killer whale (Orcinus 
orca), Steller sea lion (Eumatopius jubatus), harbor porpoise (Phocoena 
phocoena), and harbor seal (Phoca vitulina richardii).
    (c) The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b).
    (d) The taking, by Level A harassment only, is limited Steller sea 
lions.
    (e) The taking by injury (Level A harassment), serious injury, or 
death of any of the species listed in condition 3(b) with the exception 
of Steller sea lions or any taking of any other species of marine 
mammal is prohibited and may result in the modification, suspension, or 
revocation of this IHA.
    (f) The DOT&PF shall conduct briefings between construction 
supervisors and crews, marine mammal monitoring team, and staff prior 
to the start of all in-water pile driving, and when new personnel join 
the work, in order to explain responsibilities, communication 
procedures, marine mammal monitoring protocol, and operational 
procedures.
    4. Mitigation Measures
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) Time Restriction: For all in-water pile driving activities, the 
DOT&PF shall operate only during daylight hours when visual monitoring 
of marine mammals can be conducted. To minimize impacts to pink salmon 
(Oncorhynchus gorbuscha) fry and coho salmon (O. kisutch) smolt, all 
in-water pile extraction and installation is planned to be completed by 
April 30, 2016. If work cannot be completed by April 30, the DOT&PF 
must refrain from impact pile installation without a bubble curtain 
from May 1 through June 30 within the 12-hour period beginning daily at 
the start of civil dawn. Impact pile installation would be acceptable 
without a bubble curtain from May 1 through June 30 in the evenings, 
beginning at 12 hours past civil dawn.
    (b) Establishment of Level B Harassment (ZOI)
    (i) Before the commencement of in-water pile driving activities, 
the DOT&PF shall establish Level B behavioral harassment ZOI where 
received underwater sound pressure levels (SPLs) are higher than 120 dB 
(rms) re 1 [micro]Pa for and non-pulse sources (vibratory hammer). The 
ZOI delineates where Level B harassment would occur. For vibratory 
driving, the level B harassment area extends out to 1,150. This 1,150-
meter distance will serve as a shutdown zone for all other marine 
mammals not listed in 3(b). During impact driving, the Level B 
harassment zone shall extend to 225 meters for animals listed in 3(b). 
This 225-meter distance will serve as a shutdown zone for all other 
marine mammals not listed in 3(b).
    (c) Establishment of shutdown zone
    (i) For impact pile driving activities, the DOT&PF's will establish 
a shutdown zone. Shutdown zones are intended to contain the area in 
which SPLs equal or exceed the 180/190 dB rms acoustic injury criteria, 
with the purpose being to define an area within which shutdown of 
activity would occur upon sighting of a marine mammal (or in 
anticipation of an animal entering the defined area), thus preventing 
injury of marine mammals. A conservative 4-meter shutdown zone will be 
in effect for Steller sea lions and harbor seals. The shutdown zone for 
Level A injury to harbor porpoises and killer whales would be 15 
meters.
    (d) The Level A and Level B harassment zones will be monitored 
throughout the time required to install or extract a pile. If a harbor 
seal, harbor porpoise, or killer whale is observed entering the Level B 
harassment zone, a Level B exposure will be recorded and behaviors 
documented. That pile segment will be completed without cessation, 
unless the animal approaches the Level A shutdown zone. Pile 
installation or extraction will be halted immediately before the animal 
enters the Level A zone.
    (e) Use of Ramp Up/Soft Start
    (i) The project will utilize soft start techniques for all 
vibratory and impact pile driving. We require the DOT&PF to initiate 
sound from vibratory hammers for fifteen seconds at reduced energy 
followed by a 1-minute waiting period, with the procedure repeated two 
additional times. For impact driving, we require an initial set of 
three strikes

[[Page 51232]]

from the impact hammer at reduced energy, followed by a 1-minute 
waiting period, then two subsequent three strike sets.
    (ii) Soft start will be required at the beginning of each day's 
pile driving work and at any time following a cessation of pile driving 
of 20 minutes or longer.
    (iii) If a marine mammal is present within the shutdown zone, 
ramping up will be delayed until the animal(s) leaves the Level A 
harassment zone. Activity will begin only after the MMO has determined, 
through sighting, that the animal(s) has moved outside the Level A 
harassment zone.
    (iv) If a Steller sea lion, harbor seal, harbor porpoise, or killer 
whale is present in the Level B harassment zone, ramping up will begin 
and a Level B take will be documented. Ramping up will occur when these 
species are in the Level B harassment zone whether they entered the 
Level B zone from the Level A zone, or from outside the project area.
    (v) If any marine mammal other than Steller sea lions, harbor 
seals, harbor porpoises, or killer whales is present in the Level B 
harassment zone, ramping up will be delayed until the animal(s) leaves 
the zone. Ramping up will begin only after the Wildlife Observer has 
determined, through sighting, that the animal(s) has moved outside the 
harassment zone.
    (f) Pile Caps--
    (i) Pile caps will be used during all impact pile-driving 
activities.
    (g) Standard mitigation measures
    (i) Conduct briefings between construction supervisors and crews, 
marine mammal monitoring team, and DOT&PF staff prior to the start of 
all pile driving and extraction activity, and when new personnel join 
the work, in order to explain responsibilities, communication 
procedures, marine mammal monitoring protocol, and operational 
procedures.
    (ii) For in-water heavy machinery work other than pile driving 
(e.g., standard barges, tug boats, barge-mounted excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 10 meters, operations shall cease and vessels shall 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions.
    (h) The DOT&PF shall establish monitoring locations as described 
below.
    5. Monitoring and Reporting
    The holder of this Authorization is required to report all 
monitoring conducted under the IHA within 90 calendar days of the 
completion of the marine mammal monitoring
    (a) Visual Marine Mammal Monitoring and Observation
    (i) At least one individual meeting the minimum qualifications 
identified in Appendix A of the application by the DOT&PF will monitor 
the shutdown and Level B harassment zones during impact and vibratory 
pile driving.
    (ii) During pile driving and extraction the shutdown zone, as 
described in 4(b) will be monitored and maintained. Pile installation 
or extraction will not commence or will be suspended temporarily if any 
marine mammals are observed within or approaching the area of potential 
disturbance.
    (iii) The area within the Level B harassment threshold for pile 
driving and extraction will be monitored by observers stationed to 
provide adequate view of the harassment zone. Marine mammal presence 
within this Level B harassment zone, if any, will be monitored. Pile 
driving activity will not be stopped if marine mammals are found to be 
present. Any marine mammal documented within the Level B harassment 
zone during impact driving would constitute a Level B take 
(harassment), and will be recorded and reported as such.
    (iv) The individuals will scan the waters within each monitoring 
zone activity using binoculars (Vector 10X42 or equivalent), spotting 
scopes (Swarovski 20-60 zoom or equivalent), and visual observation.
    (v) If waters exceed a sea-state which restricts the observers' 
ability to make observations within the marine mammal buffer zone (the 
100 meter radius) (e.g. excessive wind or fog), impact pile 
installation will cease until conditions allow the resumption of 
monitoring.
    (vi) The waters will be scanned 30 minutes prior to commencing pile 
driving at the beginning of each day, and prior to commencing pile 
driving after any stoppage of 20 minutes or greater. If marine mammals 
enter or are observed within the designated marine mammal shutdown zone 
during or 20 minutes prior to impact pile driving, the monitors will 
notify the on-site construction manager to not begin until the animal 
has moved outside the designated radius.
    (vii) The waters will continue to be scanned for at least 20 
minutes after pile driving has completed each day,
    (b) Data Collection
    (i) Observers are required to use approved data forms. Among other 
pieces of information, DOT&PF the DOT&PF will record detailed 
information about any implementation of shutdowns, including the 
distance of animals to the pile and description of specific actions 
that ensued and resulting behavior of the animal, if any. In addition, 
the DOT&PF will attempt to distinguish between the number of individual 
animals taken and the number of incidents of take. At a minimum, the 
following information be collected on the sighting forms:
    1. Date and time that monitored activity begins or ends;
    2. Construction activities occurring during each observation 
period;
    3. Weather parameters (e.g., percent cover, visibility);
    4. Water conditions (e.g., sea state, tide state);
    5. Species, numbers, and, if possible, sex and age class of marine 
mammals;
    6. Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile 
driving activity;
    7. Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    8. Locations of all marine mammal observations; and
    9. Other human activity in the area.
    (c) Reporting Measures
    (i) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA, 
such as an injury (Level A harassment to animals other than Steller sea 
lions), serious injury or mortality (e.g., ship-strike, gear 
interaction, and/or entanglement), the DOT&PF would immediately cease 
the specified activities and immediately report the incident to the 
Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Alaska Regional Stranding Coordinators. The 
report would include the following information:
    1. Time, date, and location (latitude/longitude) of the incident;
    2. Name and type of vessel involved;
    3. Vessel's speed during and leading up to the incident;
    4. Description of the incident;
    5. Status of all sound source use in the 24 hours preceding the 
incident;
    6. Water depth;
    7. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    8. Description of all marine mammal observations in the 24 hours 
preceding the incident;
    9. Species identification or description of the animal(s) involved;
    10. Fate of the animal(s); and
    11. Photographs or video footage of the animal(s) (if equipment is 
available).
    (ii) Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with the DOT&PF 
to

[[Page 51233]]

determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The DOT&PF would not be 
able to resume their activities until notified by NMFS via letter, 
email, or telephone.
    (iii) In the event that the DOT&PF discovers an injured or dead 
marine mammal, and the lead MMO 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), the DOT&PF would immediately report the incident to the 
Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Alaska Stranding Hotline and/or by email to 
the Alaska Regional Stranding Coordinators. The report would include 
the same information identified in the paragraph above. Activities 
would be able to continue while NMFS reviews the circumstances of the 
incident. NMFS would work with the DOT&PF to determine whether 
modifications in the activities are appropriate.
    (iv) In the event that the DOT&PF discovers an injured or dead 
marine mammal, and the lead MMO 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), the DOT&PF would report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, and the NMFS Alaska Stranding Hotline 
and/or by email to the Alaska Regional Stranding Coordinator, within 24 
hours of the discovery. The DOT&PF would provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to NMFS and the Marine Mammal Stranding Network.
    6. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein, or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Request for Public Comments

    NMFS requests comment on our analysis, the draft authorization, and 
any other aspect of the Notice of Proposed IHA for the DOT&PF's Kodiak 
Ferry Terminal and Dock Improvements Project. Please include with your 
comments any supporting data or literature citations to help inform our 
final decision on DOT&PF's request for an MMPA authorization.

    Dated: August 18, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-20828 Filed 8-21-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                                  51211

                                              nitrogen elements. HSLA steels are                          • Non-Oriented Electrical Steels (NOES),                  DEPARTMENT OF COMMERCE
                                              recognized as steels with micro-alloying                  as defined in the antidumping orders issued
                                              levels of elements such as chromium, copper,              by the U.S. Department of Commerce in Non-                  National Oceanic and Atmospheric
                                              niobium, titanium, vanadium, and                          Oriented Electrical Steel From the People’s                 Administration
                                              molybdenum. Motor lamination steels                       Republic of China, Germany, Japan, the
                                              contain micro-alloying levels of elements                                                                             RIN 0648–XE069
                                                                                                        Republic of Korea, Sweden, and Taiwan.5
                                              such as silicon and aluminum. AHSS and
                                              UHSS are considered high tensile strength                   The products subject to these
                                                                                                                                                                    Takes of Marine Mammals Incidental to
                                              and high elongation steels, although AHSS                 investigations are currently classified in the
                                                                                                                                                                    Specified Activities; Taking Marine
                                              and UHSS are covered whether or not they                  Harmonized Tariff Schedule of the United
                                                                                                                                                                    Mammals Incidental to the Kodiak
                                              are high tensile strength or high elongation              States (HTSUS) under item numbers:
                                              steels.                                                   7209.15.0000, 7209.16.0030, 7209.16.0060,
                                                                                                                                                                    Ferry Terminal and Dock
                                                 Subject merchandise includes cold-rolled               7209.16.0070, 7209.16.0091, 7209.17.0030,
                                                                                                                                                                    Improvements Project
                                              steel that has been further processed in a                7209.17.0060, 7209.17.0070, 7209.17.0091,                   AGENCY:  National Marine Fisheries
                                              third country, including but not limited to               7209.18.1530, 7209.18.1560, 7209.18.2510,
                                              annealing, tempering, painting, varnishing,                                                                           Service (NMFS), National Oceanic and
                                                                                                        7209.18.2520, 7209.18.2580, 7209.18.6020,                   Atmospheric Administration (NOAA),
                                              trimming, cutting, punching, and/or slitting,
                                                                                                        7209.18.6090, 7209.25.0000, 7209.26.0000,                   Commerce.
                                              or any other processing that would not
                                              otherwise remove the merchandise from the                 7209.27.0000, 7209.28.0000, 7209.90.0000,
                                                                                                                                                                    ACTION: Notice; proposed incidental
                                              scope of the investigations if performed in               7210.70.3000, 7211.23.1500, 7211.23.2000,
                                                                                                                                                                    harassment authorization; request for
                                              the country of manufacture of the cold-rolled             7211.23.3000, 7211.23.4500, 7211.23.6030,
                                                                                                                                                                    comments.
                                              steel.                                                    7211.23.6060, 7211.23.6075, 7211.23.6085,
                                                 All products that meet the written physical            7211.29.2030, 7211.29.2090, 7211.29.4500,                   SUMMARY:    NMFS has received a request
                                              description, and in which the chemistry                   7211.29.6030, 7211.29.6080, 7211.90.0000,                   from the Alaska Department of
                                              quantities do not exceed any one of the noted             7212.40.1000, 7212.40.5000, 7225.50.6000,
                                              element levels listed above, are within the                                                                           Transportation and Public Facilities
                                                                                                        7225.50.8015, 7225.50.8085, 7225.99.0090,                   (DOT&PF) for authorization to take
                                              scope of these investigations unless                      7226.92.5000, 7226.92.7050, and
                                              specifically excluded. The following                                                                                  marine mammals incidental to
                                                                                                        7226.92.8050. The products subject to the                   reconstructing the existing ferry
                                              products are outside of and/or specifically
                                              excluded from the scope of these                          investigations may also enter under the
                                                                                                                                                                    terminal at Pier 1 in Kodiak, Alaska,
                                              investigations:                                           following HTSUS numbers: 7210.90.9000,
                                                                                                                                                                    referred to as the Kodiak Ferry Terminal
                                                 • Ball bearing steels; 1                               7212.50.0000, 7215.10.0010, 7215.10.0080,
                                                                                                                                                                    and Dock Improvements project (State
                                                 • Tool steels; 2                                       7215.50.0016, 7215.50.0018, 7215.50.0020,
                                                                                                                                                                    Project Number 68938). The DOT&PF
                                                 • Silico-manganese steel; 3                            7215.50.0061, 7215.50.0063, 7215.50.0065,
                                                 • Grain-oriented electrical steels (GOES) as
                                                                                                                                                                    requests that the incidental harassment
                                                                                                        7215.50.0090, 7215.90.5000, 7217.10.1000,
                                              defined in the final determination of the U.S.                                                                        authorization (IHA) be valid for 1 year,
                                                                                                        7217.10.2000, 7217.10.3000, 7217.10.7000,
                                              Department of Commerce in Grain-Oriented                  7217.90.1000, 7217.90.5030, 7217.90.5060,
                                                                                                                                                                    from September 30, 2015 through
                                              Electrical Steel From Germany, Japan, and                 7217.90.5090, 7225.19.0000, 7226.19.1000,
                                                                                                                                                                    September 29, 2016. Pursuant to the
                                              Poland.4
                                                                                                        7226.19.9000, 7226.99.0180, 7228.50.5015,
                                                                                                                                                                    Marine Mammal Protection Act
                                                                                                        7228.50.5040, 7228.50.5070, 7228.60.8000,                   (MMPA), NMFS is requesting comments
                                                 1 Ball bearing steels are defined as steels which
                                                                                                        and 7229.90.1000.                                           on its proposal to issue an authorization
                                              contain, in addition to iron, each of the following                                                                   to the DOT&PF incidentally take, by
                                              elements by weight in the amount specified: (i) Not         The HTSUS subheadings above are
                                              less than 0.95 nor more than 1.13 percent of carbon;      provided for convenience and U.S. Customs                   harassment, small numbers of marine
                                              (ii) not less than 0.22 nor more than 0.48 percent        purposes only. The written description of the               mammals for its reconstruction of the
                                              of manganese; (iii) none, or not more than 0.03
                                                                                                        scope of the investigations is dispositive.                 ferry terminal at Pier 1 in Kodiak, AK.
                                              percent of sulfur; (iv) none, or not more than 0.03
                                              percent of phosphorus; (v) not less than 0.18 nor         [FR Doc. 2015–20879 Filed 8–21–15; 8:45 am]                 DATES: Comments and information must
                                              more than 0.37 percent of silicon; (vi) not less than                                                                 be received no later than September 23,
                                                                                                        BILLING CODE 3510–DS–P
                                              1.25 nor more than 1.65 percent of chromium; (vii)                                                                    2015.
                                              none, or not more than 0.28 percent of nickel; (viii)
                                              none, or not more than 0.38 percent of copper; and        by weight at least 0.6 percent but not more than 6
                                                                                                                                                                    ADDRESSES: Comments on the
                                              (ix) none, or not more than 0.09 percent of               percent of silicon, not more than 0.08 percent of           application should be addressed to Jolie
                                              molybdenum.                                               carbon, not more than 1.0 percent of aluminum, and          Harrison, Chief, Permits and
                                                 2 Tool steels are defined as steels which contain      no other element in an amount that would give the           Conservation Division, Office of
                                              the following combinations of elements in the             steel the characteristics of another alloy steel, in
                                              quantity by weight respectively indicated: (i) More       coils or in straight lengths.’’
                                                                                                                                                                    Protected Resources, National Marine
                                              than 1.2 percent carbon and more than 10.5 percent           5 Non-Oriented Electrical Steel From the People’s        Fisheries Service. Physical comments
                                              chromium; or (ii) not less than 0.3 percent carbon        Republic of China, Germany, Japan, the Republic of          should be sent to 1315 East-West
                                              and 1.25 percent or more but less than 10.5 percent       Korea, Sweden, and Taiwan: Antidumping Duty                 Highway, Silver Spring, MD 20910 and
                                              chromium; or (iii) not less than 0.85 percent carbon      Orders, 79 FR 71741, 71741–42 (Dep’t of
                                              and 1 percent to 1.8 percent, inclusive, manganese;
                                                                                                                                                                    electronic comments should be sent to
                                                                                                        Commerce, Dec. 3, 2014). The orders define NOES
                                              or (iv) 0.9 percent to 1.2 percent, inclusive,            as ‘‘cold-rolled, flat-rolled, alloy steel products,
                                                                                                                                                                    ITP.Pauline@noaa.gov.
                                              chromium and 0.9 percent to 1.4 percent, inclusive,       whether or not in coils, regardless of width, having           Instructions: NMFS is not responsible
                                              molybdenum; or (v) not less than 0.5 percent carbon       an actual thickness of 0.20 mm or more, in which            for comments sent by any other method,
                                              and not less than 3.5 percent molybdenum; or (vi)         the core loss is substantially equal in any direction
                                              not less than 0.5 percent carbon and not less than
                                                                                                                                                                    to any other address or individual, or
                                                                                                        of magnetization in the plane of the material. The
                                              5.5 percent tungsten.                                     term ‘substantially equal’ means that the cross grain
                                                                                                                                                                    received after the end of the comment
                                                 3 Silico-manganese steel is defined as steels
                                                                                                        direction of core loss is no more than 1.5 times the        period. Comments received
                                              containing by weight: (i) Not more than 0.7 percent       straight grain direction (i.e., the rolling direction) of   electronically, including all
                                              of carbon; (ii) 0.5 percent or more but not more than     core loss. NOES has a magnetic permeability that            attachments, must not exceed a 25-
                                              1.9 percent of manganese, and (iii) 0.6 percent or        does not exceed 1.65 Tesla when tested at a field
tkelley on DSK3SPTVN1PROD with NOTICES




                                              more but not more than 2.3 percent of silicon.            of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
                                                                                                                                                                    megabyte file size. Attachments to
                                                 4 Grain-Oriented Electrical Steel From Germany,        parallel to) the rolling direction of the sheet (i.e.,      electronic comments will be accepted in
                                              Japan, and Poland: Final Determinations of Sales at       B800 value). NOES contains by weight more than              Microsoft Word or Excel or Adobe PDF
                                              Less Than Fair Value and Certain Final Affirmative        1.00 percent of silicon but less than 3.5 percent of        file formats only. All comments
                                              Determination of Critical Circumstances, 79 FR            silicon, not more than 0.08 percent of carbon, and
                                              42,501, 42,503 (Dep’t of Commerce, July 22, 2014).        not more than 1.5 percent of aluminum. NOES has
                                                                                                                                                                    received are a part of the public record
                                              This determination defines grain-oriented electrical      a surface oxide coating, to which an insulation             and will generally be posted to the
                                              steel as ‘‘a flat-rolled alloy steel product containing   coating may be applied.’’                                   Internet at http://www.nmfs.noaa.gov/


                                         VerDate Sep<11>2014    16:48 Aug 21, 2015   Jkt 235001   PO 00000   Frm 00016    Fmt 4703    Sfmt 4703   E:\FR\FM\24AUN1.SGM     24AUN1


                                              51212                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              pr/permits/incidental/construction.htm                  patterns, including, but not limited to,              extraction and installation is planned to
                                              without change. All personal identifying                migration, breathing, nursing, breeding,              be completed by April 30, 2016. If work
                                              information (e.g., name, address)                       feeding, or sheltering [Level B                       cannot be completed by April 30, the
                                              voluntarily submitted by the commenter                  harassment].                                          Alaska Department of Fish & Game
                                              may be publicly accessible. Do not                                                                            (ADF&G) recommended that the
                                                                                                      Summary of Request                                    DOT&PF refrain from impact pile
                                              submit confidential business
                                              information or otherwise sensitive or                      On March 27, 2015, NMFS received                   installation without a bubble curtain
                                              protected information.                                  an application from the DOT&PF for the                from May 1 through June 30 within the
                                              FOR FURTHER INFORMATION CONTACT:                        taking of marine mammal incidental to                 12-hour period beginning daily at the
                                              Robert Pauline, Office of Protected                     reconstructing the existing ferry                     start of civil dawn (Marie 2015). ADF&G
                                              Resources, NMFS, (301) 427–8401.                        terminal at Pier 1 in Kodiak, Alaska,                 stated that this is the daily time period
                                                                                                      referred to as the Kodiak Ferry Terminal              when the majority of juvenile salmon
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      and Dock Improvements project (State                  are moving through the project area, and
                                              Availability                                            Project Number 68938). On June 18,                    a 12-hour quiet period may protect
                                                An electronic copy of the DOT&PFs                     2015 NMFS received a revised                          migrating juvenile salmon from
                                                                                                      application. NMFS determined that the                 excessive noise (Frost 2015). Impact pile
                                              application and supporting documents,
                                                                                                      application was adequate and complete                 installation would be acceptable
                                              as well as a list of the references cited
                                                                                                      on June 25, 2015. DOT&PF proposes to                  without a bubble curtain from May 1
                                              in this document, may be obtained by
                                                                                                      conduct in-water work that may                        through June 30 in the evenings,
                                              visiting the Internet at: http://
                                                                                                      incidentally harass marine mammals                    beginning at 12 hours past civil dawn
                                              www.nmfs.noaa.gov/pr/permits/
                                                                                                      (i.e., pile driving and removal). This                (Marie 2015). At this time, DOT&PF
                                              incidental/construction.htm. In case of
                                                                                                      IHA would be valid from September 30,                 does not propose using bubble curtains.
                                              problems accessing these documents,
                                                                                                      2015 through September 29, 2016.                      However, it is possible that in-water
                                              please call the contact listed above.
                                                                                                         Proposed activities included as part of            work may extend past April 30 in
                                              Background                                              the Kodiak Ferry Terminal and Dock                    compliance with the mitigation for
                                                                                                      Improvements project (Pier 1 project)                 salmon as recommended by ADF&G.
                                                 Sections 101(a)(5)(A) and (D) of the
                                                                                                      with potential to affect marine mammals                  Removal of existing timber piles,
                                              MMPA (16 U.S.C. 1361 et seq.) direct
                                                                                                      include vibratory and impact pile-                    installation of temporary piles and new
                                              the Secretary of Commerce to allow,                                                                           permanent piles, and removal of
                                              upon request, the incidental, but not                   driving operations and use of a down-
                                                                                                      hole drill/hammer to install piles in                 temporary piles are expected to occur
                                              intentional, taking of small numbers of                                                                       over approximately 120 working days
                                              marine mammals by U.S. citizens who                     bedrock.
                                                                                                         Species with the expected potential to             over a period of 4 to 6 months. This IHA
                                              engage in a specified activity (other than                                                                    requests authorization for up to 1 year
                                              commercial fishing) within a specified                  be present during the project timeframe
                                                                                                      include killer whale (Orcinus orca),                  of construction activities in case
                                              geographical region if certain findings                                                                       unforeseen construction delays occur.
                                              are made and either regulations are                     Steller sea lion (Eumatopius jubatus),
                                                                                                      harbor porpoise (Phocoena phocoena),                  Pile extraction, pile driving, and drilling
                                              issued or, if the taking is limited to                                                                        will occur intermittently over the work
                                              harassment, a notice of a proposed                      and harbor seal (Phoca vitulina
                                                                                                      richardii).                                           period, for anything from minutes to
                                              authorization is provided to the public                                                                       hours at a time (Table 1–1 in the
                                              for review.                                             Description of the Specified Activity                 application). The proposed Pier 1
                                                 An authorization for incidental                                                                            project will require an estimated 120
                                              takings shall be granted if NMFS finds                  Overview
                                                                                                                                                            days total of pile extraction and
                                              that the taking will have a negligible                    DOT&PF is seeking an IHA for work                   installation, including 80 days of
                                              impact on the species or stock(s), will                 that includes removal of the old timber               vibratory extraction and installation, 60
                                              not have an unmitigable adverse impact                  dock and piles and installation of the                days of down-hole drilling, and 22 days
                                              on the availability of the species or                   new dock, including mooring and                       of impact hammering. Note that these
                                              stock(s) for subsistence uses (where                    fender systems. The existing decking,                 days are not additive. Timing will vary
                                              relevant), and if the permissible                       piles, and other dock materials will be               based on the weather, delays, substrate
                                              methods of taking and requirements                      removed. Temporary steel H-piles will                 type (the rock is layered and is of
                                              pertaining to the mitigation, monitoring                be installed to support temporary false               varying hardness across the site, so
                                              and reporting of such takings are set                   work structures (i.e., templates). The                some holes will be drilled quickly and
                                              forth. NMFS has defined ‘‘negligible                    new dock will be supported by steel                   others may take longer), and other
                                              impact’’ in 50 CFR 216.103 as ‘‘an                      piles, and dock fenders will include                  factors. A production rate of two
                                              impact resulting from the specified                     steel piles and timber piles. Note that               permanent piles per day, on days when
                                              activity that cannot be reasonably                      these estimates are the number of days                pile installation occurs, is considered
                                              expected to, and is not reasonably likely               when each activity may occur at some                  typical for a project of this type.
                                              to, adversely affect the species or stock               point during the day, and that the                       A 25 percent contingency has been
                                              through effects on annual rates of                      number of days is not additive.                       added to the estimate of pile extraction
                                              recruitment or survival.’’                                                                                    and driving time to account for
                                                 Except with respect to certain                       Dates and Duration
                                                                                                                                                            unknown substrate conditions (See
                                              activities not pertinent here, the MMPA                   Pile installation and extraction                    Table 1–1 in the application). Therefore,
                                              defines ‘‘harassment’’ as: Any act of                   associated with the Pier 1 project will               the project may require approximately
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                                              pursuit, torment, or annoyance which (i)                begin no sooner than September 30,                    614 hours of pile extraction or driving.
                                              has the potential to injure a marine                    2015 and will be completed no later                   The days for pile driving and extraction
                                              mammal or marine mammal stock in the                    than September 29, 2016 (1 year                       will not always be successive, but will
                                              wild [Level A harassment]; or (ii) has                  following IHA issuance). To minimize                  be staggered over a 4- to 6-month
                                              the potential to disturb a marine                       impacts to pink salmon (Oncorhynchus                  period, depending on weather,
                                              mammal or marine mammal stock in the                    gorbuscha) fry and coho salmon (O.                    construction and mechanical delays,
                                              wild by causing disruption of behavioral                kisutch) smolt, all in-water pile                     marine mammal shutdowns, and other


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                            51213

                                              potential delays and logistical                         old piles were removed by using the                   hammer will be used to confirm that
                                              constraints. The number of hours of pile                vibratory hammer, it would require a                  piles are set into bedrock (proofed), for
                                              driving within any single day will vary.                total time of about 17.5 hours (See Table             a maximum time expected of 1 minute
                                                                                                      1–1 in the application). If the piles break           of impact hammering per pile. When the
                                              Specified Geographic Region
                                                                                                      below the waterline, the pile stubs will              impact hammer is employed for
                                                 The Kodiak Ferry Terminal and Dock                   be removed with a clamshell bucket.                   proofing, a pile cap or cushion will be
                                              at Pier 1 is located in the City of Kodiak,                The exact means and method for pile                placed between the impact hammer and
                                              Alaska, at 57°47′12.78″ N, 152°24′09.73″                installation will be determined by the                the pile.
                                              W, on the northeastern corner of Kodiak                 contractor; however, a few options are                   All permanent 18-inch steel piles and
                                              Island, in the Gulf of Alaska (See Figure               available within a general framework.                 timber piles will be driven into the
                                              1–1 in the Application). Pier 1 is an                   Temporary steel pipe or H-piles will be               marine sediment by using a vibratory
                                              active ferry terminal and multi-use dock                installed as part of a template to ensure             hammer. It is anticipated to take about
                                              located in Near Island Channel, which                   proper placement and alignment during                 10 minutes of vibratory driving to install
                                              separates downtown Kodiak from Near                     driving of the permanent steel piles.                 each permanent 18-inch steel and
                                              Island (Figure 1–2). The channel is                     Temporary piles will be driven with a                 timber pile.
                                              approximately 200 meters (656 feet)                     vibratory hammer 10–30 feet through                      Table 1–1 in the application
                                              wide in the project area. Pier 1 is                     the overburden sediment layer but are                 illustrates that the project will require
                                              situated between a marine fuel service                  not expected to penetrate into the                    an estimated 60 hours of vibratory
                                              floating dock to the northeast (Petro                   bedrock. A vibratory hammer will be                   hammer time, 440 hours of down-hole
                                              Marine Services) and a pile-supported                   used to remove the temporary piles,                   drilling time, and 2 hours of impact
                                              dock owned by a shore-based seafood                     which will then be reinstalled at a new               hammer time. DOT&PF has
                                              processor to the southwest. Pier 1 is                   location. Individual temporary piles                  conservatively added a contingency of
                                              separated from the seafood processing                   will be driven and removed an                         25% to the total hours required
                                              plant dock by only about 15 meters (50                  estimated 88 times. It is estimated that              resulting in 75 hours of vibratory
                                              feet; Figure 1–3).                                      it will take 10 minutes of vibratory pile             hammer time, 550 hours of down-hole
                                                                                                      driving per temporary pile for                        drilling time, and 3 hours of impact
                                              Detailed Description of Activities
                                                                                                      installation and 5 minutes each for                   hammer time.
                                                The proposed action for this IHA                      extraction, for a total of 15 minutes of
                                              request includes removal of the old                                                                           Description of Marine Mammals in the
                                                                                                      vibratory pile driving per temporary                  Area of the Specified Activity
                                              timber dock and piles and installation of               pile. For 88 temporary piles, this is an
                                              the new dock, including mooring and                     estimated 22 hours of total time using                   Marine waters near Kodiak Island
                                              fender systems. The existing decking,                   active vibratory equipment.                           support many species of marine
                                              piles, and other dock materials will be                    The new terminal and dock will be                  mammals, including pinnipeds and
                                              removed. Temporary steel H-piles will                   supported by approximately 88 round,                  cetaceans; however, the number of
                                              be installed to support temporary false                 24-inch-diameter steel piles. The 24-                 species regularly occurring near the
                                              work structures (i.e., templates). The                  inch steel piles will be driven 10–30 feet            project area is limited. Steller sea lions
                                              new dock will be supported by steel                     through the sediment layer and 15 feet                are the most common marine mammals
                                              piles, and dock fenders will include                    into the bedrock. Dock fenders will be                in the project area and are part of the
                                              steel piles and timber piles. The                       supported atop 10 round, 18-inch-                     western Distinct Population Segment
                                              proposed Pier 1 project will require an                 diameter steel piles. In addition, eight              (wDPS) that is listed as Endangered
                                              estimated 120 days total of pile                        round, 16-inch timber piles, which are                under the Endangered Species Act
                                              extraction and installation, including 80               somewhat variable in size from about 16               (ESA). Harbor seals (Phoca vitulina),
                                              days of vibratory extraction and                        inches at the butt (top) to about 12                  harbor porpoises (Phocoena phocoena),
                                              installation, 60 days of down-hole                      inches at the tip (bottom), will be                   and killer whales (Orcinus orca) may
                                              drilling, and 22 days of impact                         installed as fender piles along the north             also occur in the project area, but far
                                              hammering. Note that these estimates                    side of the dock. Both the steel and                  less frequently and in lower abundance
                                              are the number of days when each                        timber fender piles will be driven with               than Steller sea lions. Humpback whales
                                              activity may occur at some point during                 a vibratory hammer approximately 22                   (Megaptera novaeangliae), fin whales
                                              the day, and that the number of days is                 feet embedment, or to refusal.                        (Balaenoptera physalus), and gray
                                              not additive. The total hours of pile                      The sequence for installing the                    whales (Eschrichtius robustus) occur in
                                              installation for each activity is estimated             permanent 24-inch piles begins with                   the nearshore waters around Kodiak
                                              in more detail later in this section.                   insertion through overlying sediment                  Island), but are not expected to be found
                                                The existing dock consists of                         with a vibratory hammer for about 10                  near the project area because of the
                                              approximately 156 vertical, 13-inch-                    minutes per pile. A hole will then be                 narrow channel and boat traffic. Dall’s
                                              diameter creosote-treated timber piles,                 drilled in the underlying bedrock by                  porpoise (Phocoenoides dalli) generally
                                              40 timber battered piles, and 14 16-inch-               using a down-hole drill/hammer. A                     inhabit more offshore habitats than the
                                              diameter steel fender piles. All piles,                 down-hole hammer is a drill bit that                  Near Island channel. The relatively large
                                              decking, and other existing dock                        drills through the sediment and a pulse               numbers of Steller sea lions in the area
                                              materials will be removed. The exact                    mechanism that functions at the bottom                may serve as an additional deterrent for
                                              method for pile extraction will be                      of the hole, using a pulsing bit to break             some marine mammals. This IHA
                                              determined by the contractor. It is                     up the harder materials or rock to allow              application is limited to the species
                                              anticipated that when possible, existing                removal of the fragments and insertion                shown in Table 1 and will assess
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                                              piles will be extracted by directly lifting             of the pile. The head extends so that the             potential impacts to Steller sea lions,
                                              them with a crane. A vibratory hammer                   drilling takes place below the pile. Drill            harbor seals, harbor porpoises, and
                                              will be used only if necessary to extract               cuttings are expelled from the top of the             killer whales.
                                              piles that cannot be directly lifted.                   pile as dust or mud. It is estimated that                In the species accounts provided here,
                                              Removal of each old pile is estimated to                drilling piles through the layered                    we offer a brief introduction to the
                                              require 5 minutes of vibratory hammer                   bedrock will take about 5 hours per pile.             species and relevant stock as well as
                                              use. Under the worst-case scenario, if all              Then, about five blows of an impact                   available information regarding


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                                              51214                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              population trends and threats, and                      describe any information regarding local
                                                                                                      occurrence.

                                                                       TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA
                                                                                                                     Stock(s)                                                                                 Frequency of
                                                                         Species                                   abundance            ESA * Status                        MMPA ** Status                     occurrence
                                                                                                                    estimate 1

                                              Killer Whale (Orcinus orca) Eastern N. Pacific, Alaska                       2,347     ...........................   Non-depleted ..........................   Occasional.
                                                 Resident Stock.
                                              Killer Whale (Orcinus orca) Eastern N. Pacific, Gulf of                        587     ...........................   Non-depleted ..........................   Occasional.
                                                 Alaska, Aleutian Islands, and Bering Seat Transient
                                                 Stock.
                                              Harbor Porpoise (Phocoena phocoena) Gulf of Alaska                          31,046     ...........................   Non-depleted and Strategic ....           Occasional.
                                                 Stock.
                                              Steller Sea Lion (Eumetopias jubatus) wDPS Stock .......                    52,200     Endangered ......             Depleted and Strategic ...........        Common.
                                              Harbor Seal (Phoca vitulina richardii) South Kodiak                         11,117     ...........................   Non-depleted ..........................   Occasional.
                                                 Stock.
                                                 1 NOAA/NMFS 2014 marine mammal stock assessment reports at http://www.nmfs.noaa.gov/pr/sars/species.htm.
                                                 * ESA = Endangered Species Act.
                                                 ** MMPA = Marine Mammal Protection Act.


                                              Cetaceans                                                  The Alaska Resident stock of killer                          incidental/construction.htm and the
                                                                                                      whales is currently estimated at 2,347                          NMFS Marine Mammal Stock
                                              Killer Whale
                                                                                                      individuals, and the estimate of the Gulf                       Assessment Reports, which may be
                                                 Killer whales have been observed in                  of Alaska, Aleutian Islands, and Bering                         found at: http://www.nmfs.noaa.gov/pr/
                                              all oceans and seas of the world, but the               Sea Transient stock is 587 individuals                          species/.
                                              highest densities occur in colder and                   (Allen and Angliss 2013). The Gulf of
                                              more productive waters found at high                                                                                    Harbor Porpoise
                                                                                                      Alaska component of the transient stock
                                              latitudes (NOAA 2015). Killer whales                    is estimated to include 136 of the 587                             The harbor porpoise inhabits
                                              are found throughout the North Pacific,                 individuals. The abundance estimate for                         temporal, subarctic, and arctic waters.
                                              and occur along the entire Alaska coast,                the Alaska Resident stock is likely                             In the eastern North Pacific, harbor
                                              in British Columbia and Washington                      underestimated because researchers                              porpoises range from Point Barrow,
                                              inland waterways, and along the outer                   continue to encounter new whales in                             Alaska, to Point Conception, California.
                                              coasts of Washington, Oregon, and                       the Gulf of Alaska and western Alaskan                          Harbor porpoise primarily frequent
                                              California (NOAA 2015).                                 waters. At present, reliable data on                            coastal waters and occur most
                                                 Based on data regarding association                  trends in population abundance for both                         frequently in waters less than 100 m
                                              patterns, acoustics, movements, and                     stocks are unavailable.                                         deep (Hobbs and Waite 2010). They may
                                              genetic differences, eight killer whale                                                                                 occasionally be found in deeper offshore
                                                                                                         Transient killer whales are seen
                                              stocks are now recognized within the                                                                                    waters.
                                                                                                      periodically in waters of Kodiak Harbor,
                                              Pacific U.S. Exclusive Economic Zone,
                                              seven of which occur in Alaska: (1) The                 with photo-documentation since at least                            In Alaska, harbor porpoises are
                                              Alaska Resident stock; (2) the Northern                 1993 (Kodiak Seafood and Marine                                 currently divided into three stocks,
                                              Resident stock; (3) the Southern                        Science Center 2015). One pod known                             based primarily on geography. These are
                                              Resident stock; (4) the Gulf of Alaska,                 to visit Kodiak Harbor includes an adult                        the Bering Sea stock, the Southeast
                                              Aleutian Islands, and Bering Sea                        female and adult male that have                                 Alaska stock, and the Gulf of Alaska
                                              Transient stock; (5) the AT1 Transient                  distinctive dorsal fins that make                               stock. (Allen and Angliss 2014). Only
                                              stock; (6) the West Coast transient stock,              repeated recognition possible. This, as                         the Gulf of Alaska stock is considered in
                                              occurring from California through                       well as their easy visibility from shore,                       this application because the other stocks
                                              southeastern Alaska; and (7) the                        has led to their ‘‘popularity’’ in Kodiak,                      are not found in the geographic area
                                              Offshore stock. Only the Alaska                         where their presence is often announced                         under consideration.
                                              Resident stock and the Gulf of Alaska,                  on public radio. They have been                                    Harbor porpoises are neither
                                              Aleutian Islands, and Bering Sea                        repeatedly observed and photographed                            designated as depleted under the
                                              Transient stock are considered in this                  attacking Steller sea lions.                                    MMPA nor listed as threatened or
                                              application because other stocks occur                     The Kodiak killer whales appear to                           endangered under the ESA. Because the
                                              outside the geographic area under                       specialize in preying on Steller sea lions                      most recent abundance estimate is 14
                                              consideration.                                          commonly found near Kodiak’s                                    years old and information on incidental
                                                 The Alaska Resident stock occurs                     processing plants, fishing vessels, and                         harbor porpoise mortality in commercial
                                              from southeastern Alaska to the                         docks. This pod kills and consumes at                           fisheries is not well understood, the
                                              Aleutian Islands and Bering Sea.                        least four to six Steller sea lions per year                    Gulf of Alaska stock of harbor porpoise
                                              Although the Gulf of Alaska, Aleutian                   from the Kodiak harbor area, primarily                          is classified as strategic. Population
                                              Islands, and Bering Sea Transient stock                 from February through May (Kodiak                               trends and status of this stock relative
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                                              occupies a range that includes all of the               Seafood and Marine Science Center                               to optimum sustainable population size
                                              U.S. Exclusive Economic Zone in                         2015, Wynne 2015b). Further                                     are currently unknown. The Gulf of
                                              Alaska, few individuals have been seen                  information on the biology and local                            Alaska stock is currently estimated at
                                              in southeastern Alaska. The transient                   distribution of these species can be                            31,046 individuals (Allen and Angliss
                                              stock occurs primarily from Prince                      found in the DOT&PF application                                 2013). No reliable information is
                                              William Sound through the Aleutian                      available online at: http://                                    available to determine trends in
                                              Islands and Bering Sea.                                 www.nmfs.noaa.gov/pr/permits/                                   abundance.


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                             51215

                                                 According to the online database,                       Steller sea lions have a worldwide                 defined by a 20-nautical-mile (37-km)
                                              Ocean Biogeographic Information                         population estimated at 120,000 to                    radius (straight line distance) encircling
                                              System, Spatial Ecological Analysis of                  140,000 animals, with approximately                   a major haulout or rookery. The project
                                              Megavertebrate Populations (Halpin                      93,000 in Alaska. The most recent                     area occurs within critical habitat for
                                              2009 at OBIS–SEAMAP 2015), West                         comprehensive estimate (pups and non-                 two major haulouts, Long Island and
                                              Coast populations have more restricted                  pups) for abundance of the wDPS in                    Cape Chiniak, described above. A
                                              movements and do not migrate as much                    Alaska is 52,209 sea lions, based on                  section from an old floating breakwater,
                                              as East Coast populations. Most harbor                  aerial surveys of non-pups conducted in               the float was relocated to Dog Bay in the
                                              porpoise groups are small, generally                    June and July 2008–2011 and aerial and                year 2000 and intended to serve as a
                                              consisting of less than five or six                     ground-based pup counts conducted in                  dedicated sea lion haulout. It serves its
                                              individuals, though for feeding or                      June and July 2009–2011 (Allen and                    purpose of reducing sea lion-human
                                              migration they may aggregate into large,                Angliss 2014).                                        conflicts in Kodiak’s docks and harbors
                                              loose groups of 50 to several hundred                      The wDPS of Steller sea lions                      by providing an undisturbed haulout
                                              animals.                                                declined approximately 75 percent from                location and reducing the numbers of
                                                 Harbor porpoises commonly frequent                   1976 to 1990. Factors that may have                   sea lions that haul out on vessel
                                              Kodiak’s nearshore waters, but are                      contributed to this decline include (1)               moorage floats.
                                              rarely if ever noted in the Kodiak                      incidental take in fisheries, (2) legal and              Counts of sea lions hauled out on the
                                              channel (K. Wynne, pers. comm.).                        illegal shooting, (3) predation, (4)                  Dog Bay float provide an index of the
                                              Harbor porpoises are expected to be                     contaminants, (5) disease, and (6)                    number of Steller sea lions in the harbor
                                              encountered rarely in the project area,                 climate change. Non-pup Steller sea lion              area. Because this float is not considered
                                              although no data exist to quantify                      counts at trend sites in the wDPS                     an official haulout by NMFS, few
                                              harbor porpoise attendance.                             increased 11 percent during 2000–2004.                standardized surveys to count sea lions
                                                                                                      These counts were the first region-wide               have been conducted (Wynne 2015a).
                                              Pinnipeds                                               increases for the wDPS since                          Surveys from 2004 through 2006
                                              Steller Sea Lion                                        standardized surveys began in the                     indicated peak winter (October–April)
                                                                                                      1970s, and were due to increased or                   counts ranging from 27 to 33 animals
                                                 The Steller sea lion is a pinniped and               stable counts in all regions except the               (Wynn et al. 2011). Counts from
                                              the largest of the eared seals. Steller sea             western Aleutian Islands. During 2004–                February 2015 during a site visit by
                                              lion populations that primarily occur                   2008, western Alaska non-pup counts                   HDR biologists ranged from
                                              west of 144° W (Cape Suckling, Alaska)                  increased only 3 percent; eastern Gulf of             approximately 28 to 45 sea lions on the
                                              comprise the western Distinct                           Alaska (Prince William Sound area)                    float. More than 100 sea lions were
                                              Population Segment (wDPS). Only the                     counts were higher; counts from the                   counted on the Dog Bay float at times in
                                              wDPS is considered in this application                  Kenai Peninsula through Kiska Island,                 spring 2015, although the mean number
                                              because the eastern DPS (eDPS) occurs                   including Kodiak Island, were stable;                 was much smaller (Wynne 2015b).
                                              outside the geographic area under                       and western Aleutian counts continued                    Abundant and predictable sources of
                                              consideration. Steller sea lions were                   to decline (Allen and Angliss 2010).                  food for sea lions in the Kodiak area
                                              listed as threatened range-wide under                      Steller sea lions are the most obvious             include fishing gear, fishing boats and
                                              the ESA on November 26, 1990 (55 FR                     and abundant marine mammals in the                    tenders, and the many seafood
                                              49204). Steller sea lions were                          project area. The major natural Steller               processing facilities that accept transfers
                                              subsequently partitioned into the                       sea lion haulouts closest to the project              of fish from offloading vessels. Sea lions
                                              western and eastern DPSs in 1997                        area are located on Long Island and                   have become accustomed to depredating
                                              (Allen and Angliss 2010), with the                      Cape Chiniak, which are approximately                 fishing gear and raiding fishing vessels
                                              wDPS being listed as endangered under                   4.6 nautical miles (8.5 kilometers) and               during fishing and offloading and they
                                              the ESA and the eDPS remaining                          13.8 nautical miles (25.6 kilometers)                 follow potential sources of food around
                                              classified as threatened (62 FR 24345)                  away from the project site, respectively.             the harbors and docks, waiting for
                                              until it was delisted in November 2013.                 Annual counts averaged 33 animals on                  opportunities to feed. When vessels are
                                                 On August 27, 1993, NMFS published                   Long Island from 2008 through 2010,                   offloading fish at the docks of
                                              a final rule designating critical habitat               and 119 animals at Cape Chiniak during                processing facilities, the sea lions rear
                                              for the Steller sea lion as a 20 nautical               the same time period (Table 4–1). The                 out of the water to look over the gunnels
                                              mile buffer around all major haul-outs                  closest rookery is located on Marmot                  for fish on the deck; if the vessel is a
                                              and rookeries, as well as associated                    Island, approximately 30 nautical miles               stern trawler, they charge up the stern
                                              terrestrial, air and aquatic zones, and                 (55.5 kilometers) from the project site,              ramp or codend to gain access to the
                                              three large offshore foraging areas (50                 which had average annual counts of 656                deck (Speckman 2015; Ward 2015;
                                              CFR 226.202)                                            animals from 2008 through 2010 (as                    Wynne 2015a). Sea lions have killed
                                                 The range of the Steller sea lion                    cited in NMFS 2013).                                  dogs and have dragged humans into the
                                              includes the North Pacific Ocean rim                       Many individual sea lions have                     water (Wynne 2015a).
                                              from California to northern Japan.                      become habituated to human activity in                   The number of sea lions in the
                                              Steller sea lions forage in nearshore and               the Kodiak harbor area and utilize a                  immediate project area varies depending
                                              pelagic waters where they are                           man-made haulout float called Dog Bay                 on the season and presence of
                                              opportunistic predators. They feed                      float located in St. Herman Harbor,                   commercial fishing vessels unloading
                                              primarily on a wide variety of fishes and               about 1,300 meters (4,300 feet) from the              their catch at the seafood processing
                                              cephalopods. Steller sea lions use                      project site (See Figure 1–2; Figure 3–1              plant dock immediately adjacent to Pier
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                                              terrestrial haulout sites to rest and take              in the application). This is not a                    1. During the February 2015 site visit by
                                              refuge. They also gather on well-                       federally recognized haulout and is not               HDR biologists, from zero up to about 25
                                              defined, traditionally used rookeries to                considered part of sea lion critical                  sea lions were seen at one time in the
                                              pup and breed. These habitats are                       habitat. Critical habitat is associated               Pier 1 project area. About 22 of those sea
                                              typically gravel, rocky, or sand beaches;               with breeding and haulout areas in                    lions were subadults that were clearly
                                              ledges; or rocky reefs (Allen and                       Alaska, California, and Oregon (NMFS                  foraging on schooling fishes in the area
                                              Angliss, 2013).                                         1993). Steller sea lion critical habitat is           and were not interacting with the


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                                              51216                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              fishing vessels offloading at the seafood               Cape Newenham and the Pribilof                        Potential Effects of the Specified
                                              processing plant at the time. The stern                 Islands. Distribution of the South                    Activity on Marine Mammals and Their
                                              trawler offloading at the processing                    Kodiak stock extends from East Cape                   Habitat
                                              plant dock during this period was                       (northeast coast of Kodiak Island) south                 This section includes a summary and
                                              attended by three mature bull sea lions,                to South Cape (Chirikof Island),                      discussion of the ways that stressors,
                                              which constantly swam back and forth                    including Tugidak Island, and up the                  (e.g. pile driving,) and potential
                                              behind the stern watching for an                        southwest coast of Kodiak Island to                   mitigation activities, associated with the
                                              opportunity to gain access.                             Middle Cape.                                          reconstruction of the Pier 1 Kodiak
                                                 At least four other seafood processing                  In 2010, harbor seals in Alaska were               Ferry Terminal and Dock may impact
                                              facilities are present in Kodiak and                    partitioned into 12 separate stocks based             marine mammals and their habitat. The
                                              operate concurrently with the one                       largely on genetic structure (Allen and               Estimated Take by Incidental
                                              located next to Pier 1. All are visited by              Angliss 2010). Only the South Kodiak                  Harassment section later in this
                                              sea lions looking for food, and all are                 stock is considered in this application               document will include an analysis of
                                              successfully raided by sea lions with                   because other stocks occur outside the
                                              regularity (Wynne 2015a). Sea lions also                                                                      the number of individuals that are
                                                                                                      geographic area under consideration.                  expected to be taken by this activity.
                                              follow and raid fishing vessels. The
                                              seafood processing facility adjacent to                    The current statewide abundance                    The Negligible Impact Analysis section
                                              the Pier 1 project site is therefore not the            estimate for Alaskan harbor seals is                  will include the analysis of how this
                                              only source of food for Kodiak sea lions                152,602, based on aerial survey data                  specific activity will impact marine
                                              that inhabit the harbor area.                           collected during 1998–2007. The                       mammals and will consider the content
                                              Furthermore, sea lions in a more                        abundance estimate for the South                      of this section, the Estimated Take by
                                              ‘‘natural’’ situation do not generally eat              Kodiak stock is 11,117 (Allen and                     Incidental Harassment section, and the
                                              every day, but tend to forage every 1–                  Angliss 2010). Harbor seals have                      Proposed Mitigation section to draw
                                              2 days and return to haulouts to rest                   declined dramatically in some parts of                conclusions regarding the likely impacts
                                              between foraging trips (Merrick and                     their range over the past few decades,                of this activity on the reproductive
                                              Loughlin 1997; Rehburg et al. 2009).                    while in other parts their numbers have               success or survivorship of individuals
                                              The foraging habits of sea lions using                  increased or remained stable over                     and from that on the affected marine
                                              the Dog Bay float and Kodiak harbor                     similar time periods.                                 mammal populations or stocks. In the
                                              area are not documented, but it is                         A significant portion of the harbor                following discussion, we provide
                                              reasonable to assume that, given the                    seal population within the South                      general background information on
                                              abundance of readily available food, not                Kodiak stock is located at and around                 sound and marine mammal hearing
                                              every sea lion in the area visits the                   Tugidak Island off the southwest of                   before considering potential effects to
                                              seafood processing plant adjacent to                    Kodiak Island. Sharp declines in the                  marine mammals from sound produced
                                              Pier 1 every day. Based on numbers at                   number of seals present on Tugidak                    by pile extraction, vibratory pile
                                              the Dog Bay float and sea lion behavior,                were observed between 1976 and 1998.                  driving, impact pile driving and down-
                                              it is estimated that about 40 unique                    Although the number of seals on                       hole drilling.
                                              individual sea lions likely pass by the                 Tugidak Island has stabilized and shows               Description of Sound Sources
                                              project site each day (Speckman 2015;                   some evidence of increase since the
                                              Ward 2015; Wynne 2015a). Sea lions in                                                                            Sound travels in waves, the basic
                                                                                                      decline, the population in 2000
                                              the Kodiak harbor area are habituated to                                                                      components of which are frequency,
                                                                                                      remained reduced by 80 percent
                                              fishing vessels and are skilled at gaining                                                                    wavelength, velocity, and amplitude.
                                                                                                      compared to the levels in the 1970s
                                              access to fish. It is likely that some of                                                                     Frequency is the number of pressure
                                                                                                      (Jemison et al. 2006). The current
                                              the same animals follow local vessels to                                                                      waves that pass by a reference point per
                                                                                                      population trend for this stock is
                                              the nearby fishing grounds and back to                                                                        unit of time and is measured in hertz
                                                                                                      unknown.
                                              town. It is also likely that hearing-                                                                         (Hz) or cycles per second. Wavelength is
                                                                                                         Harbor seals haul out on rocks, reefs,             the distance between two peaks of a
                                              impaired or deaf sea lions are among the
                                                                                                      beaches, and drifting glacial ice (Allen              sound wave; lower frequency sounds
                                              sea lions that attend the seafood
                                                                                                      and Angliss 2014). They are non-                      have longer wavelengths than higher
                                              processing facility adjacent to the Pier 1
                                                                                                      migratory; their local movements are                  frequency sounds and attenuate
                                              construction site. It is not known how
                                                                                                      associated with tides, weather, season,               (decrease) more rapidly in shallower
                                              a hearing-impaired or deaf sea lion
                                                                                                      food availability, and reproduction, as               water. Amplitude is the height of the
                                              would respond to typical mitigation
                                                                                                      well as sex and age class (Allen and                  sound pressure wave or the ‘loudness’
                                              efforts at a construction site such as
                                                                                                      Angliss 2014; Boveng et al. 2012; Lowry               of a sound and is typically measured
                                              ramping up of pile-driving equipment. It
                                              is also unknown whether a hearing-                      et al. 2001; Swain et al. 1996).                      using the decibel (dB) scale. A dB is the
                                              impaired or deaf sea lion would avoid                      Although the number of harbor seals                ratio between a measured pressure (with
                                              pile-driving activity, or whether such an               on eastern Kodiak haulouts has been                   sound) and a reference pressure (sound
                                              animal might approach closely, even                     increasing steadily since the early 1990s             at a constant pressure, established by
                                              within the Level A harassment zone,                     (Kodiak Seafood and Marine Science                    scientific standards). It is a logarithmic
                                              without responding to or being                          Center 2015), sightings are rare in the               unit that accounts for large variations in
                                              impacted by the noise level.                            project area. Several harbor seals tagged             amplitude; therefore, relatively small
                                                                                                      at Uganik Bay (Northwest Kodiak                       changes in dB ratings correspond to
                                              Harbor Seal                                             Island) dispersed as far north as                     large changes in sound pressure. When
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                                                 Harbor seals range from Baja                         Anchorage and as far south as Chignik,                referring to sound pressure levels (SPLs;
                                              California north along the west coasts of               but none were found near Kodiak                       the sound force per unit area), sound is
                                              Washington, Oregon, California, British                 (Kodiak Seafood and Marine Science                    referenced in the context of underwater
                                              Columbia, and Southeast Alaska; west                    Center 2015). Harbor seals are expected               sound pressure to 1 microPascal (mPa).
                                              through the Gulf of Alaska, Prince                      to be encountered occasionally in the                 One pascal is the pressure resulting
                                              William Sound, and the Aleutian                         project area, although no data exist to               from a force of one newton exerted over
                                              Islands; and north in the Bering Sea to                 quantify harbor seal attendance.                      an area of one square meter. The source


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                                                                                   Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                                                          51217

                                              level (SL) represents the sound level at                               sound levels lacking a single source or                           and gas drilling and production, seismic
                                              a distance of 1 m from the source                                      point (Richardson et al., 1995), and the                          surveys, sonar, explosions, and ocean
                                              (referenced to 1 mPa). The received level                              sound level of a region is defined by the                         acoustic studies. Shipping noise
                                              is the sound level at the listener’s                                   total acoustical energy being generated                           typically dominates the total ambient
                                              position. Note that all underwater sound                               by known and unknown sources. These                               noise for frequencies between 20 and
                                              levels in this document are referenced                                 sources may include physical (e.g.,                               300 Hz. In general, the frequencies of
                                              to a pressure of 1 mPa and all airborne                                waves, earthquakes, ice, atmospheric                              anthropogenic sounds are below 1 kHz
                                              sound levels in this document are                                      sound), biological (e.g., sounds                                  and, if higher frequency sound levels
                                              referenced to a pressure of 20 mPa.                                    produced by marine mammals, fish, and                             are created, they attenuate rapidly
                                                 Root mean square (rms) is the                                       invertebrates), and anthropogenic sound                           (Richardson et al., 1995). Sound from
                                              quadratic mean sound pressure over the                                 (e.g., vessels, dredging, aircraft,                               identifiable anthropogenic sources other
                                              duration of an impulse. Rms is                                         construction). A number of sources                                than the activity of interest (e.g., a
                                              calculated by squaring all of the sound                                contribute to ambient sound, including                            passing vessel) is sometimes termed
                                              amplitudes, averaging the squares, and                                 the following (Richardson et al., 1995):                          background sound, as opposed to
                                              then taking the square root of the                                        • Wind and waves: The complex                                  ambient sound. Representative levels of
                                              average (Urick, 1983). Rms accounts for                                interactions between wind and water                               anthropogenic sound are displayed in
                                              both positive and negative values;                                     surface, including processes such as                              Table 2.
                                              squaring the pressures makes all values                                breaking waves and wave-induced
                                              positive so that they may be accounted                                 bubble oscillations and cavitation, are a                            The sum of the various natural and
                                              for in the summation of pressure levels                                main source of naturally occurring                                anthropogenic sound sources at any
                                              (Hastings and Popper, 2005). This                                      ambient noise for frequencies between                             given location and time—which
                                              measurement is often used in the                                       200 Hz and 50 kHz (Mitson, 1995). In                              comprise ‘‘ambient’’ or ‘‘background’’
                                              context of discussing behavioral effects,                              general, ambient sound levels tend to                             sound—depends not only on the source
                                              in part because behavioral effects,                                    increase with increasing wind speed                               levels (as determined by current
                                              which often result from auditory cues,                                 and wave height. Surf noise becomes                               weather conditions and levels of
                                              may be better expressed through                                        important near shore, with                                        biological and shipping activity) but
                                              averaged units than by peak pressures.                                 measurements collected at a distance of                           also on the ability of sound to propagate
                                                 When underwater objects vibrate or                                  8.5 km from shore showing an increase                             through the environment. In turn, sound
                                              activity occurs, sound-pressure waves                                  of 10 dB in the 100 to 700 Hz band                                propagation is dependent on the
                                              are created. These waves alternately                                   during heavy surf conditions.                                     spatially and temporally varying
                                              compress and decompress the water as                                      • Precipitation: Sound from rain and                           properties of the water column and sea
                                              the sound wave travels. Underwater                                     hail impacting the water surface can                              floor, and is frequency-dependent. As a
                                              sound waves radiate in all directions                                  become an important component of total                            result of the dependence on a large
                                              away from the source (similar to ripples                               noise at frequencies above 500 Hz, and                            number of varying factors, ambient
                                              on the surface of a pond), except in                                   possibly down to 100 Hz during quiet                              sound levels can be expected to vary
                                              cases where the source is directional.                                 times.                                                            widely over both coarse and fine spatial
                                              The compressions and decompressions                                       • Biological: Marine mammals can                               and temporal scales. Sound levels at a
                                              associated with sound waves are                                        contribute significantly to ambient noise                         given frequency and location can vary
                                              detected as changes in pressure by                                     levels, as can some fish and shrimp. The                          by 10–20 dB from day to day
                                              aquatic life and man-made sound                                        frequency band for biological                                     (Richardson et al., 1995). The result is
                                              receptors such as hydrophones.                                         contributions is from approximately 12                            that, depending on the source type and
                                                 Even in the absence of sound from the                               Hz to over 100 kHz.                                               its intensity, sound from the specified
                                              specified activity, the underwater                                        • Anthropogenic: Sources of ambient                            activity may be a negligible addition to
                                              environment is typically loud due to                                   noise related to human activity include                           the local environment or could form a
                                              ambient sound. Ambient sound is                                        transportation (surface vessels and                               distinctive signal that may affect marine
                                              defined as environmental background                                    aircraft), dredging and construction, oil                         mammals.

                                                                                      TABLE 2—REPRESENTATIVE SOUND LEVELS OF ANTHROPOGENIC SOURCES
                                                                                                                                        Frequency
                                                                              Sound source                                                range                 Underwater sound level                                  Reference
                                                                                                                                           (Hz)

                                              Small vessels .......................................................................      250–1,000      151     dB   rms   at   1 m .........................   Richardson et al., 1995.
                                              Tug docking gravel barge ....................................................              200–1,000      149     dB   rms   at   100 m .....................     Blackwell and Greene, 2002.
                                              Vibratory driving of 72-in steel pipe pile ..............................                   10–1,500      180     dB   rms   at   10 m .......................    Reyff, 2007.
                                              Impact driving of 36-in steel pipe pile ..................................                  10–1,500      195     dB   rms   at   10 m .......................    Laughlin, 2007.
                                              Impact driving of 66-in cast-in-steel-shell (CISS) pile .........                           10–1,500      195     dB   rms   at   10 m .......................    Reviewed in Hastings and
                                                                                                                                                                                                                  Popper, 2005.



                                                The Pier 1 project area is frequented                                seafood processing plant, to the                                  a range of vessel sizes, including larger
                                              by fishing vessels and tenders; ferries,                               southwest of Pier 1, fish are offloaded                           vessels that can be accommodated by
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                                              barges, tugboats; and other commercial                                 by vacuum hose straight into the                                  docking at Pier 1. Two boat harbors
                                              and recreational vessels that use the                                  processing plant from the vessels’ holds,                         exist in Near Island Channel, which
                                              channel to access harbors and city                                     and vessels raft up three and four deep                           house a number of commercial and
                                              docks, fuel docks, processing plants                                   to the dock during peak fishing seasons.                          recreational marine vessels. The
                                              where fish catches are offloaded, and                                  On the northeast side of Pier 1 is the                            channel is also a primary route for local
                                              other commercial facilities. At the                                    Petro Marine fuel dock, which services



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                                              51218                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              vessel traffic to access waters outside                 The duration of such sounds, as                       occur in the project area. Of the two
                                              the Gulf of Alaska.                                     received at a distance, can be greatly                species likely to occur in the proposed
                                                 High levels of vessel traffic are known              extended in a highly reverberant                      project area, one is classified as a mid-
                                              to elevate background levels of noise in                environment.                                          frequency cetacean (i.e., killer whale),
                                              the marine environment. For example,                      The likely or possible impacts of the               and one is classified as a high-frequency
                                              continuous sounds for tugs pulling                      proposed pile driving program at Pier 1               cetaceans (i.e., harbor porpoise)
                                              barges have been reported to range from                 on marine mammals could involve both                  (Southall et al., 2007). Additionally,
                                              145 to 166 dB re 1 mPa rms at 1 meter                   non-acoustic and acoustic stressors.                  harbor seals are classified as members of
                                              from the source (Miles et al. 1987;                     Potential non-acoustic stressors could                the phocid pinnipeds in water
                                              Richardson et al. 1995; Simmonds et al.                 result from the physical presence of the              functional hearing group while Steller
                                              2004. Ambient underwater noise levels                   equipment and personnel. Any impacts                  sea lions and California sea lions are
                                              in the Pier 1 project area are both                     to marine mammals are expected to                     grouped under the Otariid pinnipeds in
                                              variable and relatively high, and are                   primarily be acoustic in nature.                      water functional hearing group. A
                                              expected to mask some sounds of                         Acoustic stressors could include effects              species’ functional hearing group is a
                                              drilling, pile installation, and pile                   of heavy equipment operation, pile                    consideration when we analyze the
                                              extraction.                                             installation and pile removal at Pier 1.              effects of exposure to sound on marine
                                                 In-water construction activities                                                                           mammals.
                                              associated with the project include                     Marine Mammal Hearing
                                              vibratory pile driving and removal,                        When considering the influence of                  Acoustic Impacts
                                              down-hole drilling, and impact pile                     various kinds of sound on the marine                     Potential Effects of Pile Driving
                                              driving. There are two general categories               environment, it is necessary to                       Sound—The effects of sounds from pile
                                              of sound types: Impulse and non-pulse                   understand that different kinds of                    driving might result in one or more of
                                              (defined in the following). Vibratory                   marine life are sensitive to different                the following: Temporary or permanent
                                              pile driving is considered to be                        frequencies of sound. Based on available              hearing impairment, non-auditory
                                              continuous or non-pulsed while impact                   behavioral data, audiograms have been                 physical or physiological effects,
                                              pile driving is considered to be an                     derived using auditory evoked                         behavioral disturbance, and masking
                                              impulse or pulsed sound type. The                       potentials, anatomical modeling, and                  (Richardson et al., 1995; Gordon et al.,
                                              distinction between these two sound                     other data, Southall et al. (2007)                    2004; Nowacek et al., 2007; Southall et
                                              types is important because they have                    designate ‘‘functional hearing groups’’               al., 2007). The effects of pile driving on
                                              differing potential to cause physical                   for marine mammals and estimate the                   marine mammals are dependent on
                                              effects, particularly with regard to                    lower and upper frequencies of                        several factors, including the size, type,
                                              hearing (e.g., Ward, 1997 in Southall et                functional hearing of the groups. The                 and depth of the animal; the depth,
                                              al., 2007). Please see Southall et al.,                 functional groups and the associated                  intensity, and duration of the pile
                                              (2007) for an in-depth discussion of                    frequencies are indicated below (though               driving sound; the depth of the water
                                              these concepts. Note that information                   animals are less sensitive to sounds at               column; the substrate of the habitat; the
                                              related to impact hammers is included                   the outer edge of their functional range              standoff distance between the pile and
                                              here for comparison. Pulsed sound                       and most sensitive to sounds of                       the animal; and the sound propagation
                                              sources (e.g., explosions, gunshots,                    frequencies within a smaller range                    properties of the environment. Impacts
                                              sonic booms, impact pile driving)                       somewhere in the middle of their                      to marine mammals from pile driving
                                              produce signals that are brief (typically               functional hearing range):                            activities are expected to result
                                              considered to be less than one second),                    • Low frequency cetaceans (13                      primarily from acoustic pathways. As
                                              broadband, atonal transients (ANSI,                     species of mysticetes): functional                    such, the degree of effect is intrinsically
                                              1986; Harris, 1998; NIOSH, 1998; ISO,                   hearing is estimated to occur between                 related to the received level and
                                              2003; ANSI, 2005) and occur either as                   approximately 7 Hz and 30 kHz;                        duration of the sound exposure, which
                                              isolated events or repeated in some                        • Mid-frequency cetaceans (32                      are in turn influenced by the distance
                                              succession. Pulsed sounds are all                       species of dolphins, six species of larger            between the animal and the source. The
                                              characterized by a relatively rapid rise                toothed whales, and 19 species of                     further away from the source, the less
                                              from ambient pressure to a maximal                      beaked and bottlenose whales):                        intense the exposure should be. The
                                              pressure value followed by a rapid                      functional hearing is estimated to occur              substrate and depth of the habitat affect
                                              decay period that may include a period                  between approximately 150 Hz and 160                  the sound propagation properties of the
                                              of diminishing, oscillating maximal and                 kHz;                                                  environment. Shallow environments are
                                              minimal pressures, and generally have                      • High frequency cetaceans (eight                  typically more structurally complex,
                                              an increased capacity to induce physical                species of true porpoises, six species of             which leads to rapid sound attenuation.
                                              injury as compared with sounds that                     river dolphins, Kogia, the franciscana,               In addition, substrates that are soft (e.g.,
                                              lack these features.                                    and four species of cephalorhynchids):                sand) would absorb or attenuate the
                                                 Non-pulsed sounds can be tonal,                      functional hearing is estimated to occur              sound more readily than hard substrates
                                              narrowband, or broadband, brief or                      between approximately 200 Hz and 180                  (e.g., rock) which may reflect the
                                              prolonged, and may be either                            kHz;                                                  acoustic wave. Soft porous substrates
                                              continuous or non-continuous (ANSI,                        • Phocid pinnipeds in Water:                       would also likely require less time to
                                              1995; NIOSH, 1998). Some of these non-                  functional hearing is estimated to occur              drive the pile, and possibly less forceful
                                              pulsed sounds can be transient signals                  between approximately 75 Hz and 75                    equipment, which would ultimately
                                              of short duration but without the                       kHz; and                                              decrease the intensity of the acoustic
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                                              essential properties of pulses (e.g., rapid                • Otariid pinnipeds in Water:                      source.
                                              rise time). Examples of non-pulsed                      functional hearing is estimated to occur                 In the absence of mitigation, impacts
                                              sounds include those produced by                        between approximately 100 Hz and 40                   to marine species would be expected to
                                              vessels, aircraft, machinery operations                 kHz.                                                  result from physiological and behavioral
                                              such as drilling or dredging, vibratory                    As mentioned previously in this                    responses to both the type and strength
                                              pile driving, and active sonar systems                  document, nine marine mammal species                  of the acoustic signature (Viada et al.,
                                              (such as those used by the U.S. Navy).                  (seven cetacean and two pinniped) may                 2008). The type and severity of


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                            51219

                                              behavioral impacts are more difficult to                   Given the available data, the received             several decibels above that inducing
                                              define due to limited studies addressing                level of a single pulse (with no                      mild TTS if the animal were exposed to
                                              the behavioral effects of impulse sounds                frequency weighting) might need to be                 strong sound pulses with rapid rise
                                              on marine mammals. Potential effects                    approximately 186 dB re 1 mPa2-s (i.e.,               time. Based on data from terrestrial
                                              from impulse sound sources can range                    186 dB sound exposure level [SEL] or                  mammals, a precautionary assumption
                                              in severity from effects such as                        approximately 221–226 dB p-p [peak])                  is that the PTS threshold for impulse
                                              behavioral disturbance or tactile                       in order to produce brief, mild TTS.                  sounds (such as pile driving pulses as
                                              perception to physical discomfort, slight               Exposure to several strong pulses that                received close to the source) is at least
                                              injury of the internal organs and the                   each have received levels near 190 dB                 6 dB higher than the TTS threshold on
                                              auditory system, or mortality (Yelverton                rms (175–180 dB SEL) might result in                  a peak-pressure basis and probably
                                              et al., 1973).                                          cumulative exposure of approximately                  greater than 6 dB (Southall et al., 2007).
                                                 Hearing Impairment and Other                         186 dB SEL and thus slight TTS in a                   On an SEL basis, Southall et al. (2007)
                                              Physical Effects—Marine mammals                         small odontocete, assuming the TTS                    estimated that received levels would
                                              exposed to high intensity sound                         threshold is (to a first approximation) a             need to exceed the TTS threshold by at
                                              repeatedly or for prolonged periods can                 function of the total received pulse                  least 15 dB for there to be risk of PTS.
                                              experience hearing threshold shift (TS),                energy.                                               Thus, for cetaceans, Southall et al.
                                              which is the loss of hearing sensitivity                   The above TTS information for                      (2007) estimate that the PTS threshold
                                              at certain frequency ranges (Kastak et                  odontocetes is derived from studies on                might be an M-weighted SEL (for the
                                              al., 1999; Schlundt et al., 2000;                       the bottlenose dolphin (Tursiops                      sequence of received pulses) of
                                              Finneran et al., 2002, 2005). TS can be                 truncatus) and beluga whale                           approximately 198 dB re 1 mPa2-s (15 dB
                                              permanent (PTS), in which case the loss                 (Delphinapterus leucas). There is no                  higher than the TTS threshold for an
                                              of hearing sensitivity is not recoverable,              published TTS information for other                   impulse). Given the higher level of
                                              or temporary (TTS), in which case the                   species of cetaceans. However,                        sound necessary to cause PTS as
                                              animal’s hearing threshold would                        preliminary evidence from a harbor                    compared with TTS, it is considerably
                                              recover over time (Southall et al., 2007).              porpoise exposed to pulsed sound                      less likely that PTS could occur.
                                              Marine mammals depend on acoustic                       suggests that its TTS threshold may                      Measured source levels from impact
                                              cues for vital biological functions, (e.g.,             have been lower (Lucke et al., 2009). As              pile driving can be as high as 214 dB
                                              orientation, communication, finding                     summarized above, data that are now                   rms. Although no marine mammals
                                              prey, avoiding predators); thus, TTS                    available imply that TTS is unlikely to               have been shown to experience TTS or
                                                                                                      occur unless odontocetes are exposed to               PTS as a result of being exposed to pile
                                              may result in reduced fitness in survival
                                                                                                      pile driving pulses stronger than 180 dB              driving activities, captive bottlenose
                                              and reproduction. However, this
                                                                                                      re 1 mPa rms.                                         dolphins and beluga whales exhibited
                                              depends on the frequency and duration                      Permanent Threshold Shift—When                     changes in behavior when exposed to
                                              of TTS, as well as the biological context               PTS occurs, there is physical damage to               strong pulsed sounds (Finneran et al.,
                                              in which it occurs. TTS of limited                      the sound receptors in the ear. In severe             2000, 2002, 2005). The animals tolerated
                                              duration, occurring in a frequency range                cases, there can be total or partial                  high received levels of sound before
                                              that does not coincide with that used for               deafness, while in other cases the                    exhibiting aversive behaviors.
                                              recognition of important acoustic cues,                 animal has an impaired ability to hear                Experiments on a beluga whale showed
                                              would have little to no effect on an                    sounds in specific frequency ranges                   that exposure to a single watergun
                                              animal’s fitness. Repeated sound                        (Kryter, 1985). There is no specific                  impulse at a received level of 207 kPa
                                              exposure that leads to TTS could cause                  evidence that exposure to pulses of                   (30 psi) p-p, which is equivalent to 228
                                              PTS. PTS constitutes injury, but TTS                    sound can cause PTS in any marine                     dB p-p, resulted in a 7 and 6 dB TTS
                                              does not (Southall et al., 2007). The                   mammal. However, given the possibility                in the beluga whale at 0.4 and 30 kHz,
                                              following subsections discuss in                        that mammals close to a sound source                  respectively. Thresholds returned to
                                              somewhat more detail the possibilities                  can incur TTS, it is possible that some               within 2 dB of the pre-exposure level
                                              of TTS, PTS, and non-auditory physical                  individuals might incur PTS. Single or                within four minutes of the exposure
                                              effects.                                                occasional occurrences of mild TTS are                (Finneran et al., 2002). Although the
                                                 Temporary Threshold Shift—TTS is                     not indicative of permanent auditory                  source level of pile driving from one
                                              the mildest form of hearing impairment                  damage, but repeated or (in some cases)               hammer strike is expected to be much
                                              that can occur during exposure to a                     single exposures to a level well above                lower than the single watergun impulse
                                              strong sound (Kryter, 1985). While                      that causing TTS onset might elicit PTS.              cited here, animals being exposed for a
                                              experiencing TTS, the hearing threshold                    PTS is considered auditory injury                  prolonged period to repeated hammer
                                              rises, and a sound must be stronger in                  (Southall et al., 2007). Irreparable                  strikes could receive more sound
                                              order to be heard. In terrestrial                       damage to the inner or outer cochlear                 exposure in terms of SEL than from the
                                              mammals, TTS can last from minutes or                   hair cells may cause PTS, however,                    single watergun impulse (estimated at
                                              hours to days (in cases of strong TTS).                 other mechanisms are also involved,                   188 dB re 1 mPa2-s) in the
                                              For sound exposures at or somewhat                      such as exceeding the elastic limits of               aforementioned experiment (Finneran et
                                              above the TTS threshold, hearing                        certain tissues and membranes in the                  al., 2002). However, in order for marine
                                              sensitivity in both terrestrial and marine              middle and inner ears and resultant                   mammals to experience TTS or PTS, the
                                              mammals recovers rapidly after                          changes in the chemical composition of                animals have to be close enough to be
                                              exposure to the sound ends. Few data                    the inner ear fluids (Southall et al.,                exposed to high intensity sound levels
                                              on sound levels and durations necessary                 2007).                                                for a prolonged period of time. Based on
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                                              to elicit mild TTS have been obtained                      Relationships between TTS and PTS                  the best scientific information available,
                                              for marine mammals, and none of the                     thresholds have not been studied in                   these SPLs are far below the thresholds
                                              published data concern TTS elicited by                  marine mammals but are assumed to be                  that could cause TTS or the onset of
                                              exposure to multiple pulses of sound.                   similar to those in humans and other                  PTS.
                                              Available data on TTS in marine                         terrestrial mammals, based on                            Non-auditory Physiological Effects—
                                              mammals are summarized in Southall et                   anatomical similarities. PTS might                    Non-auditory physiological effects or
                                              al. (2007).                                             occur at a received sound level at least              injuries that theoretically might occur in


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                                              51220                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              marine mammals exposed to strong                        sources (typically seismic guns or                    and at similar or higher levels. Chronic
                                              underwater sound include stress,                        acoustic harassment devices, but also                 exposure to excessive, though not high-
                                              neurological effects, bubble formation,                 including pile driving) have been varied              intensity, sound could cause masking at
                                              resonance effects, and other types of                   but often consist of avoidance behavior               particular frequencies for marine
                                              organ or tissue damage (Cox et al., 2006;               or other behavioral changes suggesting                mammals that utilize sound for vital
                                              Southall et al., 2007). Studies examining               discomfort (Morton and Symonds, 2002;                 biological functions. Masking can
                                              such effects are limited. In general, little            Thorson and Reyff, 2006; see also                     interfere with detection of acoustic
                                              is known about the potential for pile                   Gordon et al., 2004; Wartzok et al.,                  signals such as communication calls,
                                              driving to cause auditory impairment or                 2003; Nowacek et al., 2007). Responses                echolocation sounds, and
                                              other physical effects in marine                        to continuous sound, such as vibratory                environmental sounds important to
                                              mammals. Available data suggest that                    pile installation, have not been                      marine mammals. It is important to
                                              such effects, if they occur at all, would               documented as well as responses to                    distinguish TTS and PTS, which persist
                                              presumably be limited to short distances                pulsed sounds.                                        after the sound exposure, from masking,
                                              from the sound source and to activities                    With both types of pile driving, it is             which occurs only during the sound
                                              that extend over a prolonged period.                    likely that the onset of pile driving                 exposure. Because masking (without
                                              The available data do not allow                         could result in temporary, short term                 resulting in TS) is not associated with
                                              identification of a specific exposure                   changes in an animal’s typical behavior               abnormal physiological function, it is
                                              level above which non-auditory effects                  and/or avoidance of the affected area.                not considered a physiological effect,
                                              can be expected (Southall et al., 2007)                 These behavioral changes may include                  but rather a potential behavioral effect.
                                              or any meaningful quantitative                          (Richardson et al., 1995): changing                      Masking occurs at specific frequency
                                              predictions of the numbers (if any) of                  durations of surfacing and dives,                     bands so understanding the frequencies
                                              marine mammals that might be affected                   number of blows per surfacing, or                     that the animals utilize is important in
                                              in those ways. Marine mammals that                      moving direction and/or speed;                        determining any potential behavioral
                                              show behavioral avoidance of pile                       reduced/increased vocal activities;                   impacts. Because sound generated from
                                              driving, including some odontocetes                     changing/cessation of certain behavioral              in-water vibratory pile driving is mostly
                                              and some pinnipeds, are especially                      activities (such as socializing or                    concentrated at low frequency ranges, it
                                              unlikely to incur auditory impairment                   feeding); visible startle response or                 may have less effect on high frequency
                                              or non-auditory physical effects.                       aggressive behavior (such as tail/fluke               echolocation sounds made by porpoises.
                                                                                                      slapping or jaw clapping); avoidance of               However, lower frequency man-made
                                              Disturbance Reactions                                                                                         sounds are more likely to affect
                                                                                                      areas where sound sources are located;
                                                 Disturbance includes a variety of                    and/or flight responses (e.g., pinnipeds              detection of communication calls and
                                              effects, including subtle changes in                    flushing into water from haul-outs or                 other potentially important natural
                                              behavior, more conspicuous changes in                   rookeries). Pinnipeds may increase their              sounds such as surf and prey sound. It
                                              activities, and displacement. Behavioral                haul-out time, possibly to avoid in-                  may also affect communication signals
                                              responses to sound are highly variable                  water disturbance (Thorson and Reyff,                 when they occur near the sound band
                                              and context-specific and reactions, if                  2006).                                                and thus reduce the communication
                                              any, depend on species, state of                           The biological significance of many of             space of animals (e.g., Clark et al., 2009)
                                              maturity, experience, current activity,                 these behavioral disturbances is difficult            and cause increased stress levels (e.g.,
                                              reproductive state, auditory sensitivity,               to predict, especially if the detected                Foote et al., 2004; Holt et al., 2009).
                                              time of day, and many other factors                     disturbances appear minor. However,                      Masking has the potential to impact
                                              (Richardson et al., 1995; Wartzok et al.,               the consequences of behavioral                        species at the population or community
                                              2003; Southall et al., 2007).                           modification could be expected to be                  levels as well as at individual levels.
                                                 Habituation can occur when an                        biologically significant if the change                Masking affects both senders and
                                              animal’s response to a stimulus wanes                   affects growth, survival, or                          receivers of the signals and can
                                              with repeated exposure, usually in the                  reproduction. Significant behavioral                  potentially in certain circumstances
                                              absence of unpleasant associated events                 modifications that could potentially                  have long-term chronic effects on
                                              (Wartzok et al., 2003). Animals are most                lead to effects on growth, survival, or               marine mammal species and
                                              likely to habituate to sounds that are                  reproduction include:                                 populations. Recent research suggests
                                              predictable and unvarying. The opposite                    • Changes in diving/surfacing                      that low frequency ambient sound levels
                                              process is sensitization, when an                       patterns;                                             have increased by as much as 20 dB
                                              unpleasant experience leads to                             • Habitat abandonment due to loss of               (more than three times in terms of SPL)
                                              subsequent responses, often in the form                 desirable acoustic environment; and                   in the world’s ocean from pre-industrial
                                              of avoidance, at a lower level of                          • Cessation of feeding or social                   periods, and that most of these increases
                                              exposure. Behavioral state may affect                   interaction.                                          are from distant shipping (Hildebrand,
                                              the type of response as well. For                          The onset of behavioral disturbance                2009). All anthropogenic sound sources,
                                              example, animals that are resting may                   from anthropogenic sound depends on                   such as those from vessel traffic, pile
                                              show greater behavioral change in                       both external factors (characteristics of             driving, and dredging activities,
                                              response to disturbing sound levels than                sound sources and their paths) and the                contribute to the elevated ambient
                                              animals that are highly motivated to                    specific characteristics of the receiving             sound levels, thus intensifying masking.
                                              remain in an area for feeding                           animals (hearing, motivation,                            Vibratory pile driving may potentially
                                              (Richardson et al., 1995; NRC, 2003;                    experience, demography) and is difficult              mask acoustic signals important to
                                              Wartzok et al., 2003).                                  to predict (Southall et al., 2007).                   marine mammal species. However, the
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                                                 Controlled experiments with captive                     Auditory Masking—Natural and                       short-term duration and limited affected
                                              marine mammals showed pronounced                        artificial sounds can disrupt behavior by             area would result in insignificant
                                              behavioral reactions, including                         masking, or interfering with, a marine                impacts from masking.
                                              avoidance of loud sound sources                         mammal’s ability to hear other sounds.                   Acoustic Effects, Airborne—Marine
                                              (Ridgway et al., 1997; Finneran et al.,                 Masking occurs when the receipt of a                  mammals that occur in the project area
                                              2003). Observed responses of wild                       sound is interfered with by another                   could be exposed to airborne sounds
                                              marine mammals to loud pulsed sound                     coincident sound at similar frequencies               associated with pile driving that have


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                             51221

                                              the potential to cause harassment,                      flounder (Atheresthes stomias), rock                  movements or migration of marine
                                              depending on their distance from pile                   sole (Lepidopsetta spp.), flathead sole               mammals.
                                              driving activities. Airborne pile driving               (Hippoglossoides elassodon), sculpin
                                                                                                                                                            Proposed Mitigation
                                              sound would have less impact on                         (Cottidae), skate (Rajidae), and squid
                                              cetaceans than pinnipeds because sound                  (Teuthoidea). On 30 April 2013,                          In order to issue an IHA under section
                                              from atmospheric sources does not                       informal EFH consultation was                         101(a)(5)(D) of the MMPA, NMFS must
                                              transmit well underwater (Richardson et                 initiated, and NMFS determined that                   set forth the permissible methods of
                                              al., 1995); thus, airborne sound would                  the project would not adversely affect                taking pursuant to such activity, ‘‘and
                                              only be an issue for pinnipeds either                   EFH and did not offer any EFH                         other means of effecting the least
                                              hauled-out or looking with heads above                  conservation recommendations or                       practicable impact on such species or
                                              water in the project area. Most likely,                 require further consultation (FHWA                    stock and its habitat, paying particular
                                              airborne sound would cause behavioral                   2013).                                                attention to rookeries, mating grounds,
                                              responses similar to those discussed                       Fish react to sounds that are                      and areas of similar significance, and on
                                              above in relation to underwater sound.                  especially strong and/or intermittent                 the availability of such species or stock
                                              For instance, anthropogenic sound                       low-frequency sounds. Short duration,                 for taking’’ for certain subsistence uses.
                                              could cause hauled-out pinnipeds to                                                                              For the proposed project, DOT&PF
                                                                                                      sharp sounds can cause overt or subtle
                                              exhibit changes in their normal                                                                               worked with NMFS and proposed the
                                                                                                      changes in fish behavior and local
                                              behavior, such as reduction in                                                                                following mitigation measures to
                                                                                                      distribution. Hastings and Popper (2005)
                                              vocalizations, or cause them to                                                                               minimize the potential impacts to
                                                                                                      identified several studies that suggest
                                              temporarily abandon their habitat and                                                                         marine mammals in the project vicinity.
                                                                                                      fish may relocate to avoid certain areas
                                              move further from the source. Studies                                                                         The primary purposes of these
                                                                                                      of sound energy. Additional studies
                                              by Blackwell et al. (2004) and Moulton                                                                        mitigation measures are to minimize
                                                                                                      have documented effects of pile driving
                                              et al. (2005) indicate a tolerance or lack                                                                    sound levels from the activities, and to
                                                                                                      on fish, although several are based on
                                              of response to unweighted airborne                                                                            monitor marine mammals within
                                                                                                      studies in support of large, multiyear                designated zones of influence
                                              sounds as high as 112 dB peak and 96                    bridge construction projects (e.g.,
                                              dB rms. However, all estimates for                                                                            corresponding to NMFS’ current Level
                                                                                                      Scholik and Yan, 2001, 2002; Popper                   A and B harassment thresholds which
                                              distances that airborne sound could                     and Hastings, 2009). Sound pulses at
                                              travel and exceed the harassment                                                                              are depicted in Table 3 found later in
                                                                                                      received levels of 160 dB may cause                   the Estimated Take by Incidental
                                              threshold for in-air disturbance fall far               subtle changes in fish behavior. SPLs of
                                              short of the 1,300 meters to the nearest                                                                      Harassment section.
                                                                                                      180 dB may cause noticeable changes in                   DOT&PF committed to the use of both
                                              known pinniped haulout, the Dog Bay                     behavior (Pearson et al., 1992; Skalski et
                                              float. Therefore, airborne noise is not                                                                       impact and vibratory hammers for pile
                                                                                                      al., 1992). SPLs of sufficient strength               installation and will implement a soft-
                                              considered further in this application,                 have been known to cause injury to fish
                                              and no incidental take for airborne noise                                                                     start procedure.
                                                                                                      and fish mortality.                                      Mitigation &Monitoring Protocols—
                                              is requested.
                                                                                                         The most likely impact to fish from                Monitoring would be conducted before,
                                              Vessel Interaction                                      pile driving activities at the project area           during, and after pile driving and
                                                 Besides being susceptible to vessel                  would be temporary behavioral                         removal activities. In addition,
                                              strikes, cetacean and pinniped                          avoidance of the area. The duration of                observers shall record all incidents of
                                              responses to vessels may result in                      fish avoidance of this area after pile                marine mammal occurrence, regardless
                                              behavioral changes, including greater                   driving stops is unknown, but a rapid                 of distance from activity, and shall
                                              variability in the dive, surfacing, and                 return to normal recruitment,                         document any behavioral reactions in
                                              respiration patterns; changes in                        distribution and behavior is anticipated.             concert with distance from piles being
                                              vocalizations; and changes in swimming                  In general, impacts to marine mammal                  driven. Observations made outside the
                                              speed or direction (NRC 2003). There                    prey species are expected to be minor                 shutdown zone will not result in
                                              will be a temporary and localized                       and temporary due to the short                        shutdown; that pile segment would be
                                              increase in vessel traffic during                       timeframe for the project.                            completed without cessation, unless the
                                              construction.                                              Effects to Foraging Habitat—Pile                   animal approaches or enters the
                                                                                                      installation may temporarily increase                 shutdown zone, at which point all pile
                                              Potential Effects on Marine Mammal                      turbidity resulting from suspended                    driving activities would be halted.
                                              Habitat                                                 sediments. Any increases would be                     Monitoring will take place from 30
                                                The primary potential impacts to                      temporary, localized, and minimal.                    minutes prior to initiation through 20
                                              marine mammal habitat are associated                    DOT&PF must comply with state water                   minutes post-completion of pile driving
                                              with elevated sound levels produced by                  quality standards during these                        activities. Pile driving activities include
                                              vibratory and impact pile driving and                   operations by limiting the extent of                  the time to remove a single pile or series
                                              removal in the area. However, other                     turbidity to the immediate project area.              of piles, as long as the time elapsed
                                              potential impacts to the surrounding                    In general, turbidity associated with pile            between uses of the pile driving
                                              habitat from physical disturbance are                   installation is localized to about a 25-              equipment is no more than thirty
                                              also possible.                                          foot radius around the pile (Everitt et al.           minutes. Please see Appendix A of the
                                                Potential Pile Driving Effects on                     1980). Cetaceans are not expected to be               application for details on the marine
                                              Prey—Construction activities would                      close enough to the project pile driving              mammal monitoring plan developed by
                                              produce continuous (i.e., vibratory pile                areas to experience effects of turbidity,             the DOT&PF’s with NMFS’ cooperation.
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                                              driving, down-hole drilling) sounds and                 and any pinnipeds will be transiting the                 The following additional measures
                                              pulsed (i.e. impact driving) sounds.                    area and could avoid localized areas of               apply to visual monitoring:
                                              Essential Fish Habitat (EFH) has been                   turbidity. Therefore, the impact from                    (1) Monitoring will be conducted by
                                              designated within the project area for                  increased turbidity levels is expected to             qualified observers, who will be placed
                                              the Alaska stocks of Pacific salmon,                    be discountable to marine mammals.                    at the best vantage point(s) practicable
                                              walleye pollock, Pacific cod, yellowfin                 Furthermore, pile driving and removal                 to monitor for marine mammals and
                                              sole (Limanda aspera), arrowtooth                       at the project site will not obstruct                 implement shutdown/delay procedures


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                                              51222                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              when applicable by calling for the                      either the animal has voluntarily left                employ the following standard
                                              shutdown to the hammer operator.                        and been visually confirmed beyond the                mitigation measures:
                                              These vantage points include Jett A or                  shutdown zone or 20 minutes have                        (a) Conduct briefings between
                                              the barge. Qualified observers are                      passed without re-detection of the                    construction supervisors and crews,
                                              trained biologists, with the following                  animal. Monitoring will be conducted                  marine mammal monitoring team, and
                                              minimum qualifications:                                 throughout the time required to drive a               DOT&PF staff prior to the start of all pile
                                                 (a) Visual acuity in both eyes                       pile.                                                 driving activity, and when new
                                              (correction is permissible) sufficient for                 Ramp Up or Soft Start—The use of a                 personnel join the work, in order to
                                              discernment of moving targets at the                    soft start procedure is believed to                   explain responsibilities, communication
                                              water’s surface with ability to estimate                provide additional protection to marine               procedures, marine mammal monitoring
                                              target size and distance; use of                        mammals by warning or providing a                     protocol, and operational procedures.
                                              binoculars may be necessary to correctly                chance to leave the area prior to the                   (b) For in-water heavy machinery
                                              identify the target;                                    hammer operating at full capacity, and                work other than pile driving (using, e.g.,
                                                 (b) Advanced education in biological                 typically involves a requirement to                   standard barges, tug boats, barge-
                                              science or related field (undergraduate                 initiate sound from the hammer at                     mounted excavators, or clamshell
                                              degree or higher required);                             reduced energy followed by a waiting                  equipment used to place or remove
                                                 (c) Experience and ability to conduct                period. This procedure is repeated two                material), if a marine mammal comes
                                              field observations and collect data                     additional times. It is difficult to specify          within 10 m, operations shall cease and
                                              according to assigned protocols (this                   the reduction in energy for any given                 vessels shall reduce speed to the
                                              may include academic experience);                       hammer because of variation across                    minimum level required to maintain
                                                 (d) Experience or training in the field              drivers. The project will utilize soft start          steerage and safe working conditions.
                                              identification of marine mammals,                       techniques for all vibratory and impact               Monitoring and Shutdown for Pile
                                              including the identification of                         pile driving. We require the DOT&PF to                Driving
                                              behaviors;                                              initiate sound from vibratory hammers
                                                 (e) Sufficient training, orientation, or             for fifteen seconds at reduced energy                   The following measures would apply
                                              experience with the construction                        followed by a 1-minute waiting period,                to DOT&PF’s mitigation through
                                              operation to provide for personal safety                with the procedure repeated two                       shutdown and disturbance zones:
                                              during observations;                                    additional times. For impact driving, we                Shutdown Zone—For all pile driving
                                                 (f) Writing skills sufficient to prepare             require an initial set of three strikes               activities, the DOT&PF’s will establish a
                                              a report of observations including but                  from the impact hammer at reduced                     shutdown zone. Shutdown zones are
                                              not limited to the number and species                   energy, followed by a 1-minute waiting                intended to contain the area in which
                                              of marine mammals observed; dates and                   period, then two subsequent three strike              SPLs equal or exceed the 180/190 dB
                                              times when in-water construction                        sets. Soft start will be required at the              rms acoustic injury criteria, with the
                                              activities were conducted; dates and                    beginning of each day’s pile driving                  purpose being to define an area within
                                              times when in-water construction                        work and at any time following a                      which shutdown of activity would
                                              activities were suspended to avoid                      cessation of pile driving of 20 minutes               occur upon sighting of a marine
                                              potential incidental injury from                        or longer.                                            mammal (or in anticipation of an animal
                                              construction sound of marine mammals                       If a marine mammal is present within               entering the defined area), thus
                                              observed within a defined shutdown                      the Level A harassment zone, ramping                  preventing injury of marine mammals.
                                              zone; and marine mammal behavior;                       up will be delayed until the animal(s)                A conservative 4-meter shutdown zone
                                              and                                                     leaves the Level A harassment zone.                   will be in effect for Steller sea lions and
                                                 (g) Ability to communicate orally, by                Activity will begin only after the                    harbor seals. The estimated shutdown
                                              radio or in person, with project                        Wildlife Observer has determined,                     zone for Level A injury to harbor
                                              personnel to provide real-time                          through sighting, that the animal(s) has              porpoises and killer whales would be 15
                                              information on marine mammals                           moved outside the Level A harassment                  meters. DOT&PF, however, would
                                              observed in the area as necessary.                      zone.                                                 implement a minimum shutdown zone
                                                 (2) Prior to the start of pile driving                  If a Steller sea lion, harbor seal,                of 10 m radius for all marine mammals
                                              activity, the shutdown zone will be                     harbor porpoise, or killer whale is                   around all vibratory pile driving and
                                              monitored for 30 minutes to ensure that                 present in the Level B harassment zone,               removal activities. These precautionary
                                              it is clear of marine mammals. Pile                     ramping up will begin and a Level B                   measures are intended to further reduce
                                              driving will only commence once                         take will be documented. Ramping up                   the unlikely possibility of injury from
                                              observers have declared the shutdown                    will occur when these species are in the              direct physical interaction with
                                              zone clear of marine mammals; animals                   Level B harassment zone whether they                  construction operations.
                                              will be allowed to remain in the                        entered the Level B zone from the Level                 Disturbance Zone—Disturbance zones
                                              shutdown zone (i.e., must leave of their                A zone, or from outside the project area.             are the areas in which sound pressure
                                              own volition) and their behavior will be                   If any marine mammal other than                    levels (SPLs) equal or exceed 120 dB
                                              monitored and documented. The                           Steller sea lions, harbor seals, harbor               rms (for continuous sound) for pile
                                              shutdown zone may only be declared                      porpoises, or killer whales is present in             driving installation and removal.
                                              clear, and pile driving started, when the               the Level B harassment zone, ramping                  Disturbance zones provide utility for
                                              entire shutdown zone is visible (i.e.,                  up will be delayed until the animal(s)                monitoring conducted for mitigation
                                              when not obscured by dark, rain, fog,                   leaves the zone. Ramping up will begin                purposes (i.e., shutdown zone
                                              etc.). In addition, if such conditions                  only after the Wildlife Observer has                  monitoring) by establishing monitoring
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                                              should arise during impact pile driving                 determined, through sighting, that the                protocols for areas adjacent to the
                                              that is already underway, the activity                  animal(s) has moved outside the                       shutdown zones. Monitoring of
                                              would be halted.                                        harassment zone.                                      disturbance zones enables observers to
                                                 If a marine mammal approaches or                        Pile Caps—Pile caps will be used                   be aware of and communicate the
                                              enters the shutdown zone during the                     during all impact pile-driving activities.            presence of marine mammals in the
                                              course of pile driving operations,                         In addition to the measures described              project area but outside the shutdown
                                              activity will be halted and delayed until               later in this section, the DOT&PF would               zone and thus prepare for potential


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                            51223

                                              shutdowns of activity. However, the                     excessive noise (Frost 2015). Impact pile             food base, activities that block or limit
                                              primary purpose of disturbance zone                     installation would be acceptable                      passage to or from biologically
                                              monitoring is for documenting incidents                 without a bubble curtain from May 1                   important areas, permanent destruction
                                              of Level B harassment; disturbance zone                 through June 30 in the evenings,                      of habitat, or temporary destruction/
                                              monitoring is discussed in greater detail               beginning at 12 hours past civil dawn                 disturbance of habitat during a
                                              later (see ‘‘Proposed Monitoring and                    (Marie 2015).                                         biologically important time.
                                              Reporting’’). Nominal radial distances                                                                           6. For monitoring directly related to
                                              for disturbance zones are shown in                      Mitigation Conclusions                                mitigation—an increase in the
                                              Table 4 later in this notice. During                       NMFS has carefully evaluated the                   probability of detecting marine
                                              impact driving, the Level B harassment                  applicant’s proposed mitigation                       mammals, thus allowing for more
                                              zone shall extend to 225 meters for                     measures and considered a range of                    effective implementation of the
                                              Steller sea lions, harbor seals, harbor                 other measures in the context of                      mitigation.
                                              porpoises, and killer whales. This 225                  ensuring that NMFS prescribes the                        Based on our evaluation of the
                                              meter distance will serve as a shutdown                 means of affecting the least practicable              applicant’s proposed measures, as well
                                              zone for all other marine mammals                       impact on the affected marine mammal                  as other measures considered by NMFS,
                                              (humpback whale, Dall’s porpoise, gray                  species and stocks and their habitat. Our             NMFS has preliminarily determined
                                              whale, fin whale, or any other) to avoid                evaluation of potential measures                      that the proposed mitigation measures
                                              Level B take. Level B take of humpback                  included consideration of the following               provide the means of effecting the least
                                              whales, Dall’s porpoises, gray whales,                  factors in relation to one another:                   practicable impact on marine mammals
                                              and fin whales is not requested and will                   • The manner in which, and the                     species or stocks and their habitat,
                                              be avoided by shutting down before                      degree to which, the successful                       paying particular attention to rookeries,
                                              individuals of these species enter the                  implementation of the measure is                      mating grounds, and areas of similar
                                              Level B zone.                                           expected to minimize adverse impacts                  significance.
                                                 During vibratory pile installation and               to marine mammals.
                                              removal, the Level B harassment zone                       • The proven or likely efficacy of the             Proposed Monitoring and Reporting
                                              shall extend to 1,150 meters for Steller                specific measure to minimize adverse                     In order to issue an ITA for an
                                              sea lions, harbor seals, harbor porpoises,              impacts as planned.                                   activity, section 101(a)(5)(D) of the
                                              and killer whales. This 1,150-meter                        • The practicability of the measure                MMPA states that NMFS must set forth,
                                              distance will serve as a shutdown zone                  for applicant implementation.                         ‘‘requirements pertaining to the
                                              for all other marine mammals                               Any mitigation measure(s) prescribed               monitoring and reporting of such
                                              (humpback whale, Dall’s porpoise, gray                  by NMFS should be able to accomplish,                 taking.’’ The MMPA implementing
                                              whale, fin whale, or any other) to avoid                have a reasonable likelihood of                       regulations at 50 CFR 216.104 (a)(13)
                                              Level B take.                                           accomplishing (based on current                       indicate that requests for incidental take
                                                 In order to document observed                        science), or contribute to the                        authorizations (ITAs) must include the
                                              incidents of harassment, monitors                       accomplishment of one or more of the                  suggested means of accomplishing the
                                              record all marine mammal observations,                  general goals listed below:                           necessary monitoring and reporting that
                                              regardless of location. The observer’s                     1. Avoidance or minimization of                    will result in increased knowledge of
                                              location, as well as the location of the                injury or death of marine mammals                     the species and of the level of taking or
                                              pile being driven, is known from a GPS.                 wherever possible (goals 2, 3, and 4 may              impacts on populations of marine
                                              The location of the animal is estimated                 contribute to this goal).                             mammals that are expected to be
                                              as a distance from the observer, which                     2. A reduction in the numbers of                   present in the proposed action area.
                                              is then compared to the location from                   marine mammals (total number or                          Monitoring measures prescribed by
                                              the pile and the estimated zone of                      number at biologically important time                 NMFS should accomplish one or more
                                              influence (ZOI) for relevant activities                 or location) exposed to received levels               of the following general goals:
                                              (i.e., pile installation and removal). This             of pile driving, or other activities                     1. An increase in the probability of
                                              information may then be used to                         expected to result in the take of marine              detecting marine mammals, both within
                                              extrapolate observed takes to reach an                  mammals (this goal may contribute to 1,               the mitigation zone (thus allowing for
                                              approximate understanding of actual                     above, or to reducing harassment takes                more effective implementation of the
                                              total takes.                                            only).                                                mitigation) and in general to generate
                                                 Time Restrictions—Work would occur                      3. A reduction in the number of times              more data to contribute to the analyses
                                              only during daylight hours, when visual                 (total number or number at biologically               mentioned below,
                                              monitoring of marine mammals can be                     important time or location) individuals                  2. An increase in our understanding
                                              conducted. To minimize impacts to                       would be exposed to received levels of                of how many marine mammals are
                                              pink salmon (Oncorhynchus gorbuscha)                    pile driving, or other activities expected            likely to be exposed to levels of pile
                                              fry and coho salmon (O. kisutch) smolt,                 to result in the take of marine mammals               driving that we associate with specific
                                              all in-water pile extraction and                        (this goal may contribute to 1, above, or             adverse effects, such as behavioral
                                              installation is planned to be completed                 to reducing harassment takes only).                   harassment, TTS, or PTS.
                                              by 30 April 2016. If work cannot be                        4. A reduction in the intensity of                    3. An increase in our understanding
                                              completed by 30 April, the DOT&PF                       exposures (either total number or                     of how marine mammals respond to
                                              refrain from impact pile installation                   number at biologically important time                 stimuli expected to result in take and
                                              without a bubble curtain from May 1,                    or location) to received levels of pile               how anticipated adverse effects on
                                              through June 30 within the 12-hour                      driving, or other activities expected to              individuals (in different ways and to
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                                              period beginning daily at the start of                  result in the take of marine mammals                  varying degrees) may impact the
                                              civil dawn (Marie 2015). ADF&G stated                   (this goal may contribute to a, above, or             population, species, or stock
                                              that this is the daily time period when                 to reducing the severity of harassment                (specifically through effects on annual
                                              the majority of juvenile salmon are                     takes only).                                          rates of recruitment or survival) through
                                              moving through the project area, and a                     5. Avoidance or minimization of                    any of the following methods:
                                              12-hour quiet period may protect                        adverse effects to marine mammal                         D Behavioral observations in the
                                              migrating juvenile salmon from                          habitat, paying special attention to the              presence of stimuli compared to


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                                              51224                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              observations in the absence of stimuli                     • During Impact and vibratory pile                    • Date and time that monitored
                                              (need to be able to accurately predict                  driving, a shutdown zone will be                      activity begins or ends;
                                              received level, distance from source,                   established to include all areas where                   • Construction activities occurring
                                              and other pertinent information);                       the underwater SPLs are anticipated to                during each observation period;
                                                 D Physiological measurements in the                  equal or exceed the Level A (injury)                     • Weather parameters (e.g., percent
                                              presence of stimuli compared to                         criteria for marine mammals (180 dB                   cover, visibility);
                                              observations in the absence of stimuli                  isopleth for cetaceans; 190 dB isopleth                  • Water conditions (e.g., sea state,
                                              (need to be able to accurately predict                  for pinnipeds). Pile installation will not            tide state);
                                              received level, distance from source,                   commence or will be suspended                            • Species, numbers, and, if possible,
                                              and other pertinent information);                       temporarily if any marine mammals are                 sex and age class of marine mammals;
                                                 D Distribution and/or abundance                      observed within or approaching the                       • Description of any observable
                                              comparisons in times or areas with                      area.                                                 marine mammal behavior patterns,
                                              concentrated stimuli versus times or                       • The individuals will scan the                    including bearing and direction of travel
                                              areas without stimuli;                                  waters within each monitoring zone                    and distance from pile driving activity;
                                                 4. An increased knowledge of the                     activity using binoculars (Vector 10X42                  • Distance from pile driving activities
                                              affected species; and                                   or equivalent), spotting scopes                       to marine mammals and distance from
                                                 5. An increase in our understanding                  (Swarovski 20–60 zoom or equivalent),                 the marine mammals to the observation
                                              of the effectiveness of certain mitigation              and visual observation.                               point;
                                              and monitoring measures.                                   • Use a hand-held or boat-mounted                     • Locations of all marine mammal
                                                 The DOT&PF submitted a marine                        GPS device or rangefinder to verify the               observations; and
                                              mammal monitoring plan as part of the                                                                            • Other human activity in the area.
                                                                                                      required monitoring distance from the
                                              IHA application for this project, which                 project site.                                         Proposed Reporting Measures
                                              can be found at www.nmfs.noaa.gov/pr/                      • If waters exceed a sea-state which                  The DOT&PF would provide NMFS
                                              permits/incidental/construction.htm.                    restricts the observers’ ability to make              with a draft monitoring report within 90
                                              The plan may be modified or                             observations within the marine mammal                 days of the conclusion of the proposed
                                              supplemented based on comments or                       shutdown zone (e.g. excessive wind or                 construction work. This report will
                                              new information received from the                       fog), pile installation will cease. Pile              detail the monitoring protocol,
                                              public during the public comment                        driving will not be initiated until the               summarize the data recorded during
                                              period.                                                 entire shutdown zone is visible.                      monitoring, and estimate the number of
                                                                                                         • Conduct pile driving and extraction              marine mammals that may have been
                                              Visual Marine Mammal Observation
                                                                                                      activities only during daylight hours                 harassed. If no comments are received
                                                 The DOT&PF will collect sighting                     from sunrise to sunset when it is                     from NMFS within 30 days, the draft
                                              data and behavioral responses to                        possible to visually monitor marine                   final report will constitute the final
                                              construction for marine mammal                          mammals.                                              report. If comments are received, a final
                                              species observed in the region of                          • The waters will be scanned 30                    report must be submitted within 30 days
                                              activity during the period of activity. All             minutes prior to commencing pile                      after receipt of comments.
                                              observers will be trained in marine                     driving at the beginning of each day,                    In the unanticipated event that the
                                              mammal identification and behaviors                     and prior to commencing pile driving                  specified activity clearly causes the take
                                              and are required to have no other                       after any stoppage of 20 minutes or                   of a marine mammal in a manner
                                              construction-related tasks while                        greater. If marine mammals enter or are               prohibited by the IHA (if issued), such
                                              conducting monitoring. The DOT&PF                       observed within the designated marine                 as an injury (Level A harassment),
                                              will monitor the shutdown zone and                      mammal shutdown zone during or 20                     serious injury or mortality (e.g., ship-
                                              disturbance zone before, during, and                    minutes prior to pile driving, the                    strike, gear interaction, and/or
                                              after pile driving. The Marine Mammal                   monitors will notify the on-site                      entanglement), the DOT&PF would
                                              Observers (MMOs) and DOT&PF                             construction manager to not begin until               immediately cease the specified
                                              authorities will meet to determine the                  the animal has moved outside the                      activities and immediately report the
                                              most appropriate observation                            designated radius.                                    incident to Jolie Harrison
                                              platform(s) for monitoring during pile                     • The waters will continue to be                   (Jolie.Harrison@NOAA.gov), Chief of the
                                              installation and extraction.                            scanned for at least 20 minutes after pile            Permits and Conservation Division,
                                                 Based on our requirements, the                       driving has completed each day, and                   Office of Protected Resources, NMFS,
                                              Marine Mammal Monitoring Plan would                     after each stoppage of 20 minutes or                  and Aleria Jensen (Aleria.Jensen@
                                              implement the following procedures for                  greater.                                              noaa.gov), Alaska Stranding
                                              pile driving:
                                                 • Individuals meeting the minimum                    Data Collection                                       Coordinator. The report would include
                                              qualifications identified in the                          We require that observers use                       the following information:
                                                                                                      approved data forms. Among other                         • Time, date, and location (latitude/
                                              applicant’s monitoring plan (Appendix
                                                                                                      pieces of information, the DOT&PF will                longitude) of the incident;
                                              A of the application) would monitor                                                                              • Name and type of vessel involved;
                                              Level A and Level B harassment zones                    record detailed information about any                    • Vessel’s speed during and leading
                                              during pile driving and extraction                      implementation of shutdowns,                          up to the incident;
                                              activities.                                             including the distance of animals to the                 • Description of the incident;
                                                 • The area within the Level B                        pile and description of specific actions                 • Status of all sound source use in the
                                              harassment threshold for impact driving                 that ensued and resulting behavior of                 24 hours preceding the incident;
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                                              will be monitored by appropriately                      the animal, if any. In addition, the                     • Water depth;
                                              stationed MMOs. Any marine mammal                       DOT&PF will attempt to distinguish                       • Environmental conditions (e.g.,
                                              documented within the Level B                           between the number of individual                      wind speed and direction, Beaufort sea
                                              harassment zone during impact driving                   animals taken and the number of                       state, cloud cover, and visibility);
                                              would constitute a Level B take                         incidents of take. We require that, at a                 • Description of all marine mammal
                                              (harassment), and will be recorded and                  minimum, the following information be                 observations in the 24 hours preceding
                                              reported as such.                                       collected on the sighting forms:                      the incident;


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                                                                               Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                                     51225

                                                 • Species identification or                                NMFS West Coast Stranding Hotline                     and types of impacts of sound on
                                              description of the animal(s) involved;                        and/or by email to Aleria Jensen                      marine mammals, it is common practice
                                                 • Fate of the animal(s); and                               (Aleria.Jensen@noaa.gov), Alaska                      to estimate how many animals are likely
                                                 • Photographs or video footage of the                      Stranding Coordinator, within 24 hours                to be present within a particular
                                              animal(s) (if equipment is available).                        of the discovery. The DOT&PF would                    distance of a given activity, or exposed
                                                 Activities would not resume until                          provide photographs or video footage (if              to a particular level of sound.
                                              NMFS is able to review the                                    available) or other documentation of the
                                              circumstances of the prohibited take.                                                                                 Upland work can generate airborne
                                                                                                            stranded animal sighting to NMFS and                  sound and create visual disturbance that
                                              NMFS would work with the DOT&PF to                            the Marine Mammal Stranding Network.
                                              determine what is necessary to                                                                                      could potentially result in disturbance
                                              minimize the likelihood of further                            Estimated Take by Incidental                          to marine mammals (specifically,
                                              prohibited take and ensure MMPA                               Harassment                                            pinnipeds) that are hauled out or at the
                                              compliance. The DOT&PF would not be                              Except with respect to certain                     water’s surface with heads above the
                                              able to resume their activities until                         activities not pertinent here, section                water. However, because there are no
                                              notified by NMFS via letter, email, or                        3(18) of the MMPA defines                             regular haul-outs in close proximity to
                                              telephone.                                                    ‘‘harassment’’ as: ‘‘. . . any act of                 Pier 1, NMFS believes that incidents of
                                                 In the event that the DOT&PF                               pursuit, torment, or annoyance which (i)              incidental take resulting from airborne
                                              discovers an injured or dead marine                           has the potential to injure a marine                  sound or visual disturbance are
                                              mammal, and the lead MMO determines                           mammal or marine mammal stock in the                  unlikely.
                                              that the cause of the injury or death is                      wild [Level A harassment]; or (ii) has                  DOT&PF has requested authorization
                                              unknown and the death is relatively                           the potential to disturb a marine                     for the incidental taking of small
                                              recent (i.e., in less than a moderate state                   mammal or marine mammal stock in the                  numbers of killer whale, harbor
                                              of decomposition as described in the                          wild by causing disruption of behavioral              porpoise, Steller sea lion, and harbor
                                              next paragraph), the DOT&PF would                             patterns, including, but not limited to,              seal near the Pier 1 project area that may
                                              immediately report the incident to Jolie                      migration, breathing, nursing, breeding,              result from impact and vibratory pile
                                              Harrison (Jolie.Harrison@nooa.gov),                           feeding, or sheltering [Level B                       driving, vibratory pile removal and
                                              Chief of the Permits and Conservation                         harassment].’’                                        down-hole drilling construction
                                              Division, Office of Protected Resources,                         All anticipated takes would be by                  activities associated with the dock
                                              NMFS, and Aleria Jensen                                       Level A and Level B harassment                        improvement project at Pier 1.
                                              (Aleria.Jensen@noaa.gov), Alaska                              resulting from vibratory pile driving and
                                                                                                                                                                    In order to estimate the potential
                                              Stranding Coordinator.                                        removal. Level A harassment has the
                                                 The report would include the same                                                                                incidents of take that may occur
                                                                                                            potential to cause injury to a marine
                                              information identified in the paragraph                                                                             incidental to the specified activity, we
                                                                                                            mammal or marine mammal stock while
                                              above. Activities would be able to                                                                                  must first estimate the extent of the
                                                                                                            Level B harassment may result in
                                              continue while NMFS reviews the                                                                                     sound field that may be produced by the
                                                                                                            temporary changes in behavior. Note
                                              circumstances of the incident. NMFS                                                                                 activity and then consider in
                                                                                                            that lethal takes are not expected due to
                                              would work with the DOT&PF to                                 the proposed mitigation and monitoring                combination with information about
                                              determine whether modifications in the                        measures that are expected to minimize                marine mammal density or abundance
                                              activities are appropriate.                                   the possibility of such take.                         in the project area. We first provide
                                                 In the event that the DOT&PF                                  If a marine mammal responds to a                   information on applicable sound
                                              discovers an injured or dead marine                           stimulus by changing its behavior (e.g.,              thresholds for determining effects to
                                              mammal, and the lead MMO determines                           through relatively minor changes in                   marine mammals before describing the
                                              that the injury or death is not associated                    locomotion direction/speed or                         information used in estimating the
                                              with or related to the activities                             vocalization behavior), the response                  sound fields, the available marine
                                              authorized in the IHA (e.g., previously                       may or may not constitute taking at the               mammal density or abundance
                                              wounded animal, carcass with moderate                         individual level, and is unlikely to                  information, and the method of
                                              to advanced decomposition, or                                 affect the stock or the species as a                  estimating potential incidences of take.
                                              scavenger damage), the DOT&PF would                           whole. However, if a sound source                     Sound Thresholds
                                              report the incident to Jolie Harrison                         displaces marine mammals from an
                                              (Jolie.Harrison@noaa.gov), Chief of the                       important feeding or breeding area for a                We use the following generic sound
                                              Permits and Conservation Division,                            prolonged period, impacts on animals or               exposure thresholds to determine when
                                              Office of Protected Resources, NMFS,                          on the stock or species could potentially             an activity that produces sound might
                                              the Chief of the Permits and                                  be significant (e.g., Lusseau and Bejder,             result in impacts to a marine mammal
                                              Conservation Division, Office of                              2007; Weilgart, 2007). Given the many                 such that a take by harassment might
                                              Protected Resources, NMFS, and the                            uncertainties in predicting the quantity              occur.

                                                          TABLE 3—UNDERWATER INJURY AND DISTURBANCE THRESHOLD DECIBEL LEVELS FOR MARINE MAMMALS
                                                                   Criterion                                                        Criterion definition                                         Threshold *

                                              Level A harassment ...................................   PTS (injury) conservatively based on TTS.**                                    190   dB   RMS for pinnipeds
                                                                                                                                                                                      180   dB   RMS for cetaceans.
                                              Level B harassment ...................................   Behavioral disruption for impulse noise (e.g., impact pile driving) ........   160   dB   RMS.
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                                              Level B harassment ...................................   Behavioral disruption for non-pulse noise (e.g., vibratory pile driving,       120   dB   RMS.
                                                                                                         drilling).
                                                 * All decibel levels referenced to 1 micropascal (re: 1 μPa). Note all thresholds are based off root mean square (RMS) levels.
                                                 ** PTS = Permanent Threshold Shift; TTS = Temporary Threshold Shift.




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                                              51226                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              Distance to Sound Thresholds                            and Kodiak Island, on either side of                  same sound level as installation of 24-
                                                 The sound field in the project area is               Near Island Channel, prevent the sound                inch steel piles (Table 6–3).
                                              the existing ambient noise plus                         from travelling underwater to the north,                 Dazey et al. (2012) measured sound
                                              additional construction noise from the                  south, and southeast, restricting the                 levels generated by down-hole drilling
                                              proposed project. The primary                           noise to the channel.                                 and found the average calculated source
                                              components of the project expected to                      The project includes direct pulling                SPL to be 133 dB rms. URS (2011)
                                              affect marine mammals is the sound                      and possibly vibratory removal of 13-                 reported that down-hole drilling
                                              generated by impact pile driving,                       inch timber and 16-inch steel piles;                  methods generate pulses with a
                                              vibratory pile driving, vibratory pile                  vibratory installation and removal of                 maximum sound source level of 165 dB
                                              removal and down-hole drilling. Direct                  temporary steel pipe or H-piles;                      (re 1 mPa at 1 meter) at 200 Hz. The 160-
                                              pull and clamshell removal of old                       vibratory installation and down-hole                  dB isopleth (Level B harassment for
                                              timber piles do not produce noise levels                drilling of permanent 24-inch steel pipe              pulsed noise sources) for a down-hole
                                              expected to impact marine mammals,                      piles; and vibratory installation of 18-              drill was estimated to be 3 meters
                                              although, depending on conditions,                      inch steel pipe piles and 16-inch timber              during a project in Australia that
                                              these may require vibratory hammer                      piles (16 inches is the typical butt/top              included installation of piles (URS
                                              removal.                                                dimension, and these are typically                    2011). Down-hole drilling will therefore
                                                 After vibratory hammering has                        around 12-inches in diameter at the pile              be estimated to generate 160 dB rms at
                                              installed the pile through the                          tip/bottom). Each 24-inch pile will also              3 meters (Table 6–3).
                                              overburden to the top of the bedrock                    be subject to a few blows from an                        Impact driving of 24-inch steel piles
                                              layer, the vibratory hammer will be                     impact hammer for proofing. No data                   is commonly assumed to generate 189
                                              removed, and the down-hole drill will                   are available for vibratory removal of                dB rms measured at 10 meters (WSDOT
                                              be inserted through the pile. The head                  piles, so it will be conservatively                   2010). Laughlin (2006) reported that use
                                              extends below the pile and the drill                    assumed that vibratory removal of piles               of Micarta caps resulted in 7- to 8-dB
                                              rotates through soils and rock. The                     will produce the same source level as                 reductions in sound level. A
                                              drilling/hammering takes place below                    vibratory installation.                               conservative reduction of 6 dB therefore
                                              the sediment layer and, as the drill                       Vibratory extraction and installation              yields an estimate of 183 dB rms at 10
                                              advances, below the bedrock layer as                    of timber piles will be estimated to                  meters if pile caps are used (Table 6–3).
                                              well. Underwater noise levels are                       generate 152 dB rms at 16 meters as is                   Underwater Sound Propagation
                                              relatively low because the impact is                    shown in Table 6–3 of the application                 Formula—Pile driving generates
                                              taking place below the substrate rather                 (Laughlin 2011). Vibratory extraction of              underwater noise that can potentially
                                              than at the top of the piling, which                    16-inch steel piles will be                           result in disturbance to marine
                                              limits transmission of noise through the                conservatively estimated to generate the              mammals in the project area.
                                              water column. Additionally, there is a                  same sound as installation of 24-inch                 Transmission loss (TL) is the decrease
                                              drive shoe welded on the bottom of the                  piles (162 dB rms at 10 meters).                      in acoustic intensity as an acoustic
                                              pile and the upper portion of the bit                      Little information is available for                pressure wave propagates out from a
                                              rests on the shoe, which aids in                        sound generated during vibratory                      source. TL parameters vary with
                                              advancement of the pile as drilling                     installation or removal of steel H-piles;             frequency, temperature, sea conditions,
                                              progresses. When the proper depth is                    however, ICF Jones & Stokes and                       current, source and receiver depth,
                                              achieved, the drill is retracted and the                Illingworth & Rodkin, Inc. (2009)                     water depth, water chemistry, and
                                              pile is left in place. Down-hole drilling               reported that the typical noise level                 bottom composition and topography.
                                              is considered a pulsed noise due to                     during vibratory hammering was 147 dB                 The general formula for underwater TL
                                              periodic impacts from the drill below                   rms at 10 meters for 10-inch steel H-                 is:
                                              ground level (PND Engineers 2013).                      piles and 150 dB rms at 10 meters for                 TL = B * log10 (R1/R2),
                                              Impact hammering typically generates                    12-inch steel H-piles. Vibratory                      where:
                                              the loudest noise associated with pile                  installation and removal of temporary
                                                                                                                                                            TL = transmission loss in dB
                                              driving, but for the Pier 1 project, use                steel pipe or H-piles will therefore be               R1 = the distance of the modeled SPL from
                                              will be limited to a few blows per                      estimated to generate 150 dB rms at 10                    the driven pile, and
                                              permanent 24-inch pile.                                 meters (Table 6–3).                                   R2 = the distance from the driven pile of the
                                                 Several factors are expected to                         Vibratory installation of a 24-inch                    initial measurement.
                                              minimize the potential impacts of pile-                 steel pile generated 162 dB rms                          NMFS typically recommends a
                                              driving and drilling noise associated                   measured at 10 meters (Laughlin 2010a).               default practical spreading loss of 15 dB
                                              with the project:                                       Vibratory installation of 12-inch and 36-             per tenfold increase in distance.
                                                 • The soft sediment marine seafloor                  inch steel piles generated 150 and 170                However, for this analysis for the Pier 1
                                              and shallow waters in the proposed                      dB rms at 10 meters, respectively                     project area, a TL of 18Log(R/10) (i.e.,
                                              project area.                                           (Maine Department of Transportation                   18–dB loss per tenfold increase in
                                                 • Land forms across the channel that                 and Eastport Port Authority 2014),                    distance) was used for vibratory pile
                                              will block the noise from spreading .                   further supporting the intermediate                   driving and a 17Log TL(R/10) function
                                                 • The relatively high background                     estimate of 162 dB rms for driving 24-                was used for impact driving (Illingworth
                                              noise level in the project area.                        inch steel piles (Table 6–3).                         & Rodkin 2014). TL values were based
                                                 Sound will dissipate relatively                         Vibratory installation of 18-inch steel            on measured attenuation rates in Hood
                                              rapidly in the shallow waters over soft                 piles will be conservatively estimated to             Canal in the State of Washington
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                                              seafloors in the project area (NMFS                     generate the same sound as driving of                 (Illingworth & Rodkin 2013), where the
                                              2013). St. Herman Harbor (Figure 1–2 in                 24-inch piles (162 dB rms at 10 meters).              marine environment is assumed to be
                                              the application), where the Dog Bay                     No data are available for the vibratory               similar to marine conditions in the Pier
                                              float is located, is protected from the                 installation of 12-inch timber piles;                 1 project area. Illingworth & Rodkin
                                              Pier 1 construction noise by land                       therefore, vibratory installation of 12-              (2013, 2014) have applied these same
                                              projections and islands, which will                     inch timber piles will also be                        TL values to a test pile project proposed
                                              block and redirect sound. Near Island                   conservatively estimated to generate the              at the Port of Anchorage, and other


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                                                                                     Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                                                      51227

                                              researchers have measured similar                                           Distances to the harassment isopleths                                vibratory pile driving will be rounded
                                              attenuation rates for pile-driving                                        vary by marine mammal type and pile                                    up to 1,150 meters for the Pier 1 project.
                                              projects (Caltrans 2012). Field                                           extraction/driving tool. The Level B                                   Level A harassment of Steller sea lions
                                              measurements of TL can be as high as                                      harassment isopleth during impact pile                                 would occur only within 4 meters if pile
                                              22 to 29 dB per tenfold increase in                                       driving is 225 meters when pile caps are                               caps are used during impact
                                              distance in some locations (e.g., Knik                                    used; 1,136 meters during vibratory pile                               hammering, or within 9 meters if pile
                                              Arm, Alaska; Blackwell 2005), and the                                     driving; and 3 meters during down-hole                                 caps are not used as is shown in
                                              use of these values is therefore                                          drilling (Table 6–6; Figure 6–1). The                                  Table 4.
                                              considered a conservative application.                                    Level B harassment monitoring zone for

                                               TABLE 4—DISTANCES IN METERS FROM PIER 1 CONSTRUCTION ACTIVITY TO NMFS’ LEVEL A AND LEVEL B HARASSMENT
                                                  THRESHOLDS (ISOPLETHS) FOR DIFFERENT PILE INSTALLATION AND EXTRACTION METHODS AND PILE TYPES, ASSUM-
                                                  ING A 125-dB BACKGROUND NOISE LEVEL

                                                                                                                                                                                                       Level A                  Level B
                                                                                                       Method, Pile Type                                                                                                     Pinnipeds and
                                                                                                                                                                                               Pinnipeds        Cetaceans      Cetaceans

                                                                                                                                             Vibratory Hammer

                                              Timber pile extraction ..................................................................................................................                    <1           <1            506
                                              Steel H-piles ................................................................................................................................               <1           <1            167
                                              24-inch steel piles ........................................................................................................................                 <1            1           1136
                                              18-inch steel piles ........................................................................................................................                 <1            1           1136
                                              16-inch timber piles .....................................................................................................................                   <1            1           1136

                                                                                                                                               Down-hole Drill

                                              24-inch steel piles ........................................................................................................................                 <1           <1                  3

                                                                                                                                               Impact Hammer

                                                                                                                                                    With caps

                                              24-inch steel piles ........................................................................................................................                  4           15                225

                                                                                                                                                 Without caps

                                              24-inch steel piles ........................................................................................................................                  9           34                508



                                                 Note that the actual area insonified by                                disturbance ZOI would be produced by                                   previously described in the FR in the
                                              pile driving activities is significantly                                  vibratory driving steel and timber piles.                              section
                                              constrained by local topography relative                                  The ZOIs for each threshold are not
                                                                                                                                                                                               Description of Marine Mammals in the
                                              to the total threshold radius. The actual                                 spherical and are truncated by land
                                                                                                                                                                                               Area of the Specified Activity
                                              insonified area was determined using a                                    masses on either side of the channel
                                              straight line-of-sight projection from the                                which would dissipate sound pressure                                      Pinniped population estimates are
                                              anticipated pile driving locations.                                       waves.                                                                 typically made when the animals are
                                              Distances to the underwater sound                                            • Exposures were based on estimated                                 hauled out and available to be counted.
                                              isopleths for Level B and Level A are                                     work days. Numbers of days were based                                  Steller sea lions hauled out on the Dog
                                              illustrated respectively in Figure 6–1                                    on an average production rate of 80 days                               Bay float are believed to represent the
                                              and Figure 6–2 in the application.                                        of vibratory driving, 22 days of impact                                Kodiak Harbor population. Aerial
                                                 The method used for calculating                                        driving and 60 days of down-hole                                       surveys from 2004 through 2006
                                              potential exposures to impact and                                         drilling. Note that impact driving is                                  indicated peak winter (October–April)
                                              vibratory pile driving noise for each                                     likely to occur only on days when                                      counts at the Dog Bay float ranging from
                                              threshold was estimated using local                                       vibratory driving occurs.                                              27 to 33 animals (Wynn et al. 2011).
                                                                                                                           • In absence of site specific                                       Counts in February 2015 during a site
                                              marine mammal data sets, the Biological
                                                                                                                        underwater acoustic propagation                                        visit by HDR biologists ranged from
                                              Opinion, best professional judgment
                                                                                                                        modeling, the practical spreading loss
                                              from state and federal agencies, and data                                                                                                        approximately 28 to 45 Steller sea lions.
                                                                                                                        model was used to determine the ZOI.
                                              from IHA estimates on similar projects                                                                                                           More than 100 Steller sea lions were
                                              with similar actions. All estimates are                                   Steller Sea Lions                                                      counted on the Dog Bay float at times in
                                              conservative and include the following                                      Incidental take was estimated for                                    spring 2015, although the mean number
                                              assumptions:                                                              Steller sea lions by assuming that,                                    was much smaller (Wynne 2015b).
                                                 • All pilings installed at each site                                                                                                          Together, this information may indicate
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                                                                                                                        within any given day, about 40 unique
                                              would have an underwater noise                                            individual Steller sea lions may be                                    a maximum population of about 120
                                              disturbance equal to the piling that                                      present at some time during that day                                   Steller sea lions that uses the Kodiak
                                              causes the greatest noise disturbance                                     within the Level B harassment zone                                     harbor area.
                                              (i.e., the piling furthest from shore)                                    during active pile extraction or                                          Steller sea lions found in more
                                              installed with the method that has the                                    installation. This estimate was derived                                ‘‘natural’’ settings do not usually eat
                                              largest ZOI. The largest underwater                                       from the following information,                                        every day, but tend to forage every 1–


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                                              51228                                 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              2 days and return to haulouts to rest                                  Pier 1 every day. If about half of the                             to underwater noise is therefore
                                              between foraging trips (Merrick and                                    foraging Steller sea lions visit the                               estimated as:
                                              Loughlin 1997; Rehburg et al. 2009).                                   seafood processing plant adjacent to
                                              This means that on any given day a                                     Pier 1, it is estimated that about 30                              Exposure estimate = (number of
                                              maximum of about 60 Steller sea lions                                  unique individual Steller sea lions                                animals exposed > sound thresholds)/
                                              from the local population may be                                       likely pass through the Pier 1 project                             day * number of days of activity
                                              foraging. Note that there are at least four                            area each day and could be exposed to                                 An estimated total of 3,200 Steller sea
                                              other seafood processing facilities in                                 Level B harassment. To be conservative,
                                                                                                                                                                                        lions (40 sea lions/day * 80 days of pile
                                              Kodiak that operate concurrently with                                  exposure is estimated at 40 unique
                                                                                                                                                                                        installation or extraction) could be
                                              the one located next to Pier 1, and all                                individual Steller sea lions per day.
                                              are visited by local Steller sea lions                                    It is assumed that Steller sea lions                            exposed to noise at the Level B
                                              looking for food (Wynne 2015a). The                                    may be present every day, and also that                            harassment level during vibratory and
                                              seafood processing facility adjacent to                                take will include multiple harassments                             impact pile driving (Table 5). The
                                              the Pier 1 project site is not the only                                of the same individual(s) both within                              expected take from exposure to noise
                                              source of food for local Steller sea lions                             and among days, which means that                                   from down-hole drilling is expected to
                                              that inhabit the harbor area. The                                      these estimates are likely an                                      be very low because of the low noise
                                              foraging habits of Steller sea lions using                             overestimate of the number of                                      levels produced by this type of pile
                                              the Dog Bay float and Kodiak harbor                                    individuals.                                                       installation, and the 3-meter distance to
                                              area are not documented, but it is                                        Expected durations of pile extraction                           the Level B isopleth. Potential exposure
                                              reasonable to assume that, given the                                   and driving were estimated in Section                              at the Level B harassment level for
                                              abundance of readily available food, not                               1.4 of the application. For each pile                              down-hole drilling is estimated at 60
                                              every Steller sea lion in the area visits                              extraction or installation activity, the                           Steller sea lions, roughly one every one
                                              the seafood processing plant adjacent to                               calculation for Steller sea lion exposures                         to two days.

                                                TABLE 5—NUMBERS OF POTENTIAL EXPOSURES OF STELLER SEA LIONS TO LEVEL A AND LEVEL B HARASSMENT NOISE
                                                   FROM PILE DRIVING BASED ON PREDICTED UNDERWATER NOISE LEVELS RESULTING FROM PROJECT ACTIVITIES
                                                                                                                                                                             Vibratory             Down-hole           Impact
                                                                                                                                                                            and impact               drill            hammer

                                                                                                                                                                              Level B               Level B           Level A

                                              Number of Days .........................................................................................................                     80                  60               22
                                              Number of Steller Sea Lion Exposures .....................................................................                                3,200                  60               30



                                                 The attraction of sea lions to the                                  zones for all other construction                                   Killer Whales
                                              seafood processing plant increases the                                 activities.
                                              possibility of individual Steller sea lions                                                                                                  Resident killer whales are rarely
                                                                                                                     Harbor Seals                                                       sighted in the project area and,
                                              occasionally entering the Level A
                                              harassment zone before they are                                          Harbor seals are expected to be                                  therefore, NMFS is not proposing the
                                              observed and before pile driving can be                                encountered in low numbers, if at all,                             take of any resident killer whales.
                                              shut down. Even with marine mammal                                     within the project area. However, based                            Transient killer whales are expected to
                                              observers present at all times during                                  on the known range of the South Kodiak                             be encountered in the project area
                                              pile installation, it is possible that sea                             stock, and occasional sightings during                             occasionally, although no data exist to
                                              lions could approach quickly and enter                                 monitoring of projects at other locations                          quantify killer whale attendance. Killer
                                                                                                                     on Kodiak Island, NMFS proposes 40                                 whales are expected to be in the Kodiak
                                              the Level A harassment zone, even as
                                                                                                                     Level B takes (1 take every other day) of                          harbor area sporadically from January
                                              pile driving activity is being shut down.
                                                                                                                     harbor seals by exposure to underwater                             through April and to enter the project
                                              This likelihood is increased by the high
                                                                                                                     noise over the duration of construction
                                              level of sea lion activity in the area,                                                                                                   area in low numbers. Based on the
                                                                                                                     activities.
                                              with Steller sea lions following vessels                                                                                                  known range and behavior of the Alaska
                                              and swimming around vessels at the                                     Harbor Porpoises                                                   Resident stock and the Gulf of Alaska,
                                              neighboring dock. It is possible that a                                  Harbor porpoises are expected to be                              Aleutian Islands, and Bering Sea
                                              single sea lion could be taken each day                                encountered in low numbers, if at all,                             Transient stocks, it is reasonable to
                                              that impact pile driving occurs. As such,                              within the project area. However, based                            estimate that 6 individual whales may
                                              NMFS proposes an additional 22 Level                                   on the known range of the Gulf of                                  enter the project area twice a month
                                              A takes plus a roughly 30 percent                                      Alaska stock and occasional sightings                              from February through May. NMFS
                                              contingency of 8 additional takes, for a                               during monitoring of projects at other                             therefore proposes 48 Level B takes (6
                                              total of 30 takes for Level A harassment.                              locations on Kodiak Island, NMFS                                   killer whales/visit * 2 visits/month * 4
                                              Potential for Level A harassment of                                    proposes 40 Level B takes (1 take every                            months) of killer whales by exposure to
                                              Steller sea lions is estimated to only                                 other day) of harbor porpoises by                                  underwater noise over the duration of
                                              occur during impact hammering due to                                   exposure to underwater noise over the                              construction activities.
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                                              the very small Level A harassment                                      duration of construction activities.




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                                                                                      Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                                                51229

                                               TABLE 6—SUMMARY OF THE ESTIMATED NUMBERS OF MARINE MAMMALS POTENTIALLY EXPOSED TO LEVEL A AND LEVEL
                                                                                B HARASSMENT NOISE LEVELS SPECIES
                                                                                                                                                                           Level         Level injury         Level B
                                                                                                                                                                        threshold         threshold         harassment
                                                                                                  Species                                                                                                                  Total
                                                                                                                                                                        cetaceans         pinnipeds          threshold
                                                                                                                                                                         (180 dB)         (190 dB)           (160 dB)

                                              Steller sea lion .................................................................................................                  NA                30            3,260        3,290
                                              Harbor seal ......................................................................................................                  NA                 0               40           40
                                              Harbor porpoise ...............................................................................................                      0                NA               40           40
                                              Killer whale ......................................................................................................                  0                NA               48           48

                                                    Total ..........................................................................................................                0               30            3,388        3,418
                                                 NA indicates Not Applicable.


                                              Analysis and Preliminary                                                    underwater sounds generated from pile                           196 13-inch timber piles, 14 16-inch
                                              Determinations                                                              driving. Potential takes could occur if                         steel piles, installing 88 temporary steel
                                                                                                                          individuals of these species are present                        or H-piles, extracting those 88 piles,
                                              Negligible Impact
                                                                                                                          in the insonified zone when pile driving                        installing 88 24-inch steel piles, 10 18-
                                                 Negligible impact is ‘‘an impact                                         is under way.                                                   inch steel piles and 8 16-inch timber
                                              resulting from the specified activity that                                     The takes from Level B harassment                            piles.
                                              cannot be reasonably expected to, and is                                    will be due to potential behavioral                                These localized and short-term noise
                                              not reasonably likely to, adversely affect                                  disturbance and TTS. The takes from                             exposures may cause auditory injury to
                                              the species or stock through effects on                                     Level A harassment will be due to                               a small number of Steller sea lions, as
                                              annual rates of recruitment or survival’’                                   potential PTS. No mortality is                                  well as short-term behavioral
                                              (50 CFR 216.103). A negligible impact                                       anticipated given the nature of the                             modifications in killer whales, Steller
                                              finding is based on the lack of likely                                      activity and measures designed to                               sea lions, harbor porpoises, and harbor
                                              adverse effects on annual rates of                                          minimize the possibility of injury to                           seals. Moreover, the proposed
                                              recruitment or survival (i.e., population-                                                                                                  mitigation and monitoring measures are
                                                                                                                          marine mammals. The potential for
                                              level effects). An estimate of the number                                                                                                   expected to reduce the likelihood of
                                                                                                                          these outcomes is minimized through
                                              of Level B harassment takes, alone, is                                                                                                      injury and behavior exposures.
                                                                                                                          the construction method and the
                                              not enough information on which to                                                                                                          Additionally, no important feeding and/
                                                                                                                          implementation of the planned
                                              base an impact determination. In                                                                                                            or reproductive areas for marine
                                                                                                                          mitigation measures. Specifically, the
                                              addition to considering estimates of the                                                                                                    mammals are known to be near the
                                                                                                                          use of impact driving will be limited to
                                              number of marine mammals that might                                                                                                         proposed action area. Therefore, the
                                                                                                                          an estimated maximum of 3 hours over
                                              be ‘‘taken’’ through behavioral                                                                                                             take resulting from the proposed project
                                                                                                                          the course of 80 days of construction,
                                              harassment, NMFS must consider other                                                                                                        is not reasonably expected to and is not
                                                                                                                          and will likely require less time. Each
                                              factors, such as the likely nature of any                                                                                                   reasonably likely to adversely affect the
                                              responses (their intensity, duration,                                       24-inch pile will require about five
                                                                                                                                                                                          marine mammal species or stocks
                                              etc.), the context of any responses                                         blows of an impact hammer to confirm
                                                                                                                                                                                          through effects on annual rates of
                                              (critical reproductive time or location,                                    that piles are set into bedrock for a
                                                                                                                                                                                          recruitment or survival.
                                              migration, etc.), as well as the number                                     maximum time expected of 1 minute of                               The project also is not expected to
                                              and nature of estimated Level A                                             impact hammering per pile (88 piles ×                           have significant adverse effects on
                                              harassment takes, the number of                                             1 minute/per pile = 88 minutes).                                affected marine mammals’ habitat,
                                              estimated mortalities, effects on habitat,                                  Vibratory driving will be necessary for                         including Steller sea lion critical
                                              and the status of the species.                                              an estimated maximum of 75 hours and                            habitat. The project activities would not
                                                 To avoid repetition, the discussion of                                   down-hole drilling will require a                               modify existing marine mammal habitat.
                                              our analyses applies to all the species                                     maximum of 550 hours. Vibratory                                 The activities may cause some fish to
                                              listed in Table 6, given that the                                           driving and down-hole drilling do not                           leave the area of disturbance, thus
                                              anticipated effects of this pile driving                                    have significant potential to cause                             temporarily impacting marine
                                              project on marine mammals are                                               injury to marine mammals due to the                             mammals’ foraging opportunities in a
                                              expected to be relatively similar in                                        relatively low source levels produced                           limited portion of the foraging range;
                                              nature. There is no information about                                       and the lack of potentially injurious                           but, because of the short duration of the
                                              the size, status, or structure of any                                       source characteristics. The likelihood                          activities and the relatively small area of
                                              species or stock that would lead to a                                       that marine mammal detection ability                            the habitat that may be affected, the
                                              different analysis for this activity, else                                  by trained observers is high under the                          impacts to marine mammal habitat are
                                              species-specific factors would be                                           environmental conditions described for                          not expected to cause significant or
                                              identified and analyzed.                                                    the reconstruction of the Pier 1 Kodiak                         long-term negative consequences.
                                                 Pile extraction, pile driving, and                                       Ferry Terminal and Dock further                                    Effects on individuals that are taken
                                              down-hole drilling activities associated                                    enables the implementation of                                   by Level A harassment may include
                                              with the reconstruction of the Pier 1                                       shutdowns to limit injury, serious                              permanent threshold shift. However, the
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                                              Kodiak Ferry Terminal and Dock, as                                          injury, or mortality.                                           possibility exists that some of the sea
                                              outlined previously, have the potential                                        The DOT&PF’s proposed activities are                         lions frequenting the Kodiak harbor area
                                              to disturb or displace marine mammals.                                      localized and of short duration. The                            are already hearing-impaired or deaf
                                              Specifically, the specified activities may                                  entire project area is limited to the Pier                      (Wynne 2014). Fishermen have been
                                              result in take, in the form of Level A                                      1 area and its immediate surroundings.                          known to protect their gear and catches
                                              (injury) and Level B harassment                                             Actions covered under the                                       by using ‘‘seal bombs’’ in an effort to
                                              (behavioral disturbance), from                                              Authorization would include extracting                          disperse sea lions away from fishing


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                                              51230                                 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              gear. Sound levels produced by seal                                       Effects on individuals that are taken                            behavior and; (3) the presumed efficacy
                                              bombs are well above levels that are                                   by Level B harassment, on the basis of                              of the proposed mitigation measures in
                                              known to cause Temporary Threshold                                     reports in the literature as well as                                reducing the effects of the specified
                                              Shift (TTS, temporary loss of hearing)                                 monitoring from other similar activities,                           activity to the level of least practicable
                                              and Permanent Threshold Shift (PTS,                                    will likely be limited to reactions such                            impact. In combination, we believe that
                                              partial or full loss of hearing) in marine                             as increased swimming speeds,                                       these factors, as well as the available
                                              mammals (Wynne 2014). The use of seal                                  increased surfacing time, or decreased                              body of evidence from other similar
                                              bombs requires appropriate permits                                     foraging (if such activity were occurring)                          activities, demonstrate that the potential
                                              from the Bureau of Alcohol, Tobacco,                                   (e.g., Thorson and Reyff, 2006; Lerma,                              effects of the specified activity will have
                                              Firearms and Explosives. Seal bombs                                    2014). Most likely, individuals will                                only short-term effects on individuals.
                                              may be used as long as such use does                                   simply move away from the sound                                     The specified activity is not expected to
                                              not result in mortality or serious injury                              source and be temporarily displaced                                 impact rates of recruitment or survival
                                              of a marine mammal; however, seal                                      from the areas of pile driving, although                            and will therefore not result in
                                              bombs should not be used on any ESA-                                   even this reaction has been observed                                population-level impacts.
                                              listed species (Laws 2015). Although no                                primarily only in association with                                     Based on the analysis contained
                                              studies have been published that                                       impact pile driving. In response to                                 herein of the likely effects of the
                                              document hearing-impaired sea lions in                                 vibratory driving, pinnipeds (which                                 specified activity on marine mammals
                                              the area, this possibility is important to                             may become somewhat habituated to                                   and their habitat, and taking into
                                              note as it pertains to mitigation                                      human activity in industrial or urban                               consideration the implementation of the
                                              measures that will be effective for this                               waterways) have been observed to orient                             proposed monitoring and mitigation
                                              project.                                                               towards and sometimes move towards                                  measures, NMFS preliminarily finds
                                                 Sea lions in the Kodiak harbor area                                 the sound. The pile extraction and                                  that the total marine mammal take from
                                              are habituated to fishing vessels and are                              driving activities analyzed here are                                the DOT&PF’s reconstruction of the Pier
                                              skilled at gaining access to fish. It is                               similar to, or less impactful than,                                 1 Kodiak Ferry Terminal and Dock will
                                              likely that some of the same animals                                   numerous construction activities                                    have a negligible impact on the affected
                                              follow local vessels to the nearby fishing                             conducted in other similar locations,                               marine mammal species or stocks.
                                              grounds and back to town. It is also                                   which have taken place with no
                                              likely that hearing-impaired or deaf sea                                                                                                   Small Numbers Analysis
                                                                                                                     reported injuries or mortality to marine
                                              lions are among the sea lions that attend                              mammals, and no known long-term                                        Table 7 demonstrates the number of
                                              the seafood processing facility adjacent                               adverse consequences from behavioral                                animals that could be exposed to
                                              to the Pier 1 construction site. It is not                             harassment. Repeated exposures of                                   received noise levels that could cause
                                              known how a hearing-impaired or deaf                                   individuals to levels of sound that may                             Level A and Level B behavioral
                                              sea lion would respond to typical                                      cause Level B harassment are unlikely                               harassment for the proposed work at the
                                              mitigation efforts at a construction site                              to result in hearing impairment or to                               Pier 1 project site. The analyses
                                              such as ramping up of pile-driving                                     significantly disrupt foraging behavior.                            provided above represents between
                                              equipment. It is also unknown whether                                  Thus, even repeated Level B harassment                              <0.01%–8.1% of the populations of
                                              a hearing-impaired or deaf sea lion                                    of some small subset of the overall stock                           these stocks that could be affected by
                                              would avoid pile-driving activity, or                                  is unlikely to result in any significant                            harassment. The numbers of animals
                                              whether such an animal might approach                                  realized decrease in fitness for the                                authorized to be taken for all species
                                              closely, even within the Level A                                       affected individuals, and thus would                                would be considered small relative to
                                              harassment zone, without responding to                                 not result in any adverse impact to the                             the relevant stocks or populations even
                                              or being impacted by the noise level. If                               stock as a whole.                                                   if each estimated taking occurred to a
                                              it is observed that some sea lions found                                  In summary, this negligible impact                               new individual—an extremely unlikely
                                              within the Level A harassment zone do                                  analysis is founded on the following                                scenario. For pinnipeds, especially
                                              not respond to mitigation efforts, these                               factors: (1) The possibility of non-                                Steller sea lions, occurring in the
                                              animals may have previously suffered                                   auditory injury, serious injury, or                                 vicinity of Pier 1 there will almost
                                              injury in the form of PTS. Therefore,                                  mortality may reasonably be considered                              certainly be some overlap in individuals
                                              any additional auditory injury                                         discountable; (2) the anticipated                                   present day-to-day, and these takes are
                                              associated with the Pier 1 project would                               incidents of Level B harassment consist                             likely to occur only within some small
                                              be unlikely.                                                           of, at worst, temporary modifications in                            portion of the overall regional stock.

                                               TABLE 7—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL A AND B HARASSMENT
                                                                                                                                                                                         Proposed         Stock(s)     Percentage of
                                                                                                            Species                                                                      authorized      abundance      total stock
                                                                                                                                                                                           takes          estimate

                                              Killer Whale (Orcinus orca); Eastern N. Pacific, Gulf of Alaska, Aleutian Islands, and Bering
                                                 Seat Transient Stock ................................................................................................................             48            587           8.1%
                                              Harbor Porpoise (Phocoena phocoena); Gulf of Alaska Stock ...................................................                                        40         31,046         <0.01%
                                              Steller Sea Lion (Eumetopias jubatus); wDPS Stock .................................................................                             * 3,290         52,200             6.3
                                              Harbor Seal (Phoca vitulina richardii); South Kodiak Stock ........................................................                                  40         11,117         <0.01%
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                                                 * (Includes 3,260 Level B and 30 Level A takes).


                                                Based on the analysis contained                                      consideration the implementation of the                             affected by the proposed action, NMFS
                                              herein of the likely effects of the                                    mitigation and monitoring measures,                                 preliminarily finds that small numbers
                                              specified activity on marine mammals                                   which are expected to reduce the                                    of marine mammals will be taken
                                              and their habitat, and taking into                                     number of marine mammals potentially


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                             51231

                                              relative to the populations of the                      IHA to the DOT&PF for the Pier 1                      daily at the start of civil dawn. Impact
                                              affected species or stocks.                             Kodiak Ferry Terminal and Dock                        pile installation would be acceptable
                                                                                                      Improvements Project provided the                     without a bubble curtain from May 1
                                              Impact on Availability of Affected
                                                                                                      previously mentioned mitigation,                      through June 30 in the evenings,
                                              Species for Taking for Subsistence Uses
                                                                                                      monitoring, and reporting requirements                beginning at 12 hours past civil dawn.
                                                 Alaska Natives have traditionally                    are incorporated. The proposed IHA                       (b) Establishment of Level B
                                              harvested subsistence resources in the                  language is provided next.                            Harassment (ZOI)
                                              Kodiak area for many hundreds of years,                    1. This Incidental Harassment                         (i) Before the commencement of in-
                                              particularly Steller sea lions and harbor               Authorization (IHA) is valid from                     water pile driving activities, the
                                              seals. No traditional subsistence hunting               September 30, 2015 through September                  DOT&PF shall establish Level B
                                              areas are within the project vicinity,                  29, 2016.                                             behavioral harassment ZOI where
                                              however; the nearest haulouts for Steller                  2. This Authorization is valid only for            received underwater sound pressure
                                              sea lions and harbor seals are the Long                 in-water construction work associated                 levels (SPLs) are higher than 120 dB
                                              Island and Cape Chiniak haul-outs and                   with the Pier 1 Kodiak Ferry Terminal                 (rms) re 1 mPa for and non-pulse sources
                                              the Marmot Island rookery, many miles                   and Dock Improvements Project.                        (vibratory hammer). The ZOI delineates
                                              away. These locations are respectively                     3. General Conditions:                             where Level B harassment would occur.
                                              4, 12 and 30 nautical miles distant from                   (a) A copy of this IHA must be in the              For vibratory driving, the level B
                                              the project area. Since all project                     possession of the DOT&PF, its                         harassment area extends out to 1,150.
                                              activities will take place within the                   designees, and work crew personnel                    This 1,150-meter distance will serve as
                                              immediate vicinity of the Pier 1 site, the              operating under the authority of this                 a shutdown zone for all other marine
                                              project will not have an adverse impact                 IHA.                                                  mammals not listed in 3(b). During
                                              on the availability of marine mammals                      (b) The species authorized for taking              impact driving, the Level B harassment
                                              for subsistence use at locations farther                include killer whale (Orcinus orca),                  zone shall extend to 225 meters for
                                              away. No disturbance or displacement                    Steller sea lion (Eumatopius jubatus),                animals listed in 3(b). This 225-meter
                                              of sea lions or harbor seals from                       harbor porpoise (Phocoena phocoena),                  distance will serve as a shutdown zone
                                              traditional hunting areas by activities                 and harbor seal (Phoca vitulina                       for all other marine mammals not listed
                                              associated with the Pier 1 project is                   richardii).                                           in 3(b).
                                              expected. No changes to availability of                    (c) The taking, by Level B harassment                 (c) Establishment of shutdown zone
                                              subsistence resources will result from                  only, is limited to the species listed in                (i) For impact pile driving activities,
                                              Pier 1 project activities.                              condition 3(b).                                       the DOT&PF’s will establish a shutdown
                                                                                                         (d) The taking, by Level A harassment              zone. Shutdown zones are intended to
                                              Endangered Species Act (ESA)                            only, is limited Steller sea lions.                   contain the area in which SPLs equal or
                                                There are two marine mammal                              (e) The taking by injury (Level A                  exceed the 180/190 dB rms acoustic
                                              species that are listed as endangered                   harassment), serious injury, or death of              injury criteria, with the purpose being to
                                              under the ESA with confirmed or                         any of the species listed in condition                define an area within which shutdown
                                              possible occurrence in the study area:                  3(b) with the exception of Steller sea                of activity would occur upon sighting of
                                              Humpback whale and Southern resident                    lions or any taking of any other species              a marine mammal (or in anticipation of
                                              killer whale. For the purposes of this                  of marine mammal is prohibited and                    an animal entering the defined area),
                                              IHA, NMFS determined that take of                       may result in the modification,                       thus preventing injury of marine
                                              Southern resident killer whales was                     suspension, or revocation of this IHA.                mammals. A conservative 4-meter
                                              highly unlikely given the rare                             (f) The DOT&PF shall conduct                       shutdown zone will be in effect for
                                              occurrence of these animals in the                      briefings between construction                        Steller sea lions and harbor seals. The
                                              project area. A similar conclusion was                  supervisors and crews, marine mammal                  shutdown zone for Level A injury to
                                              reached for humpback whales. On                         monitoring team, and staff prior to the               harbor porpoises and killer whales
                                              March 18, 2011, NMFS signed a                           start of all in-water pile driving, and               would be 15 meters.
                                              Biological Opinion concluding that the                  when new personnel join the work, in                     (d) The Level A and Level B
                                              proposed action is not likely to                        order to explain responsibilities,                    harassment zones will be monitored
                                              jeopardize the continued existence of                   communication procedures, marine                      throughout the time required to install
                                              humpback whales and may affect, but is                  mammal monitoring protocol, and                       or extract a pile. If a harbor seal, harbor
                                              not likely to adversely affect Southern                 operational procedures.                               porpoise, or killer whale is observed
                                              resident killer whales.                                    4. Mitigation Measures                             entering the Level B harassment zone, a
                                                                                                         The holder of this Authorization is                Level B exposure will be recorded and
                                              National Environmental Policy Act                       required to implement the following                   behaviors documented. That pile
                                              (NEPA)                                                  mitigation measures:                                  segment will be completed without
                                                 NMFS is also preparing an                               (a) Time Restriction: For all in-water             cessation, unless the animal approaches
                                              Environmental Assessment (EA) in                        pile driving activities, the DOT&PF shall             the Level A shutdown zone. Pile
                                              accordance with the National                            operate only during daylight hours                    installation or extraction will be halted
                                              Environmental Policy Act (NEPA) and                     when visual monitoring of marine                      immediately before the animal enters
                                              will consider comments submitted in                     mammals can be conducted. To                          the Level A zone.
                                              response to this notice as part of that                 minimize impacts to pink salmon                          (e) Use of Ramp Up/Soft Start
                                              process. The EA will be posted at                       (Oncorhynchus gorbuscha) fry and coho                    (i) The project will utilize soft start
                                              http://www.nmfs.noaa.gov/pr/permits/                    salmon (O. kisutch) smolt, all in-water               techniques for all vibratory and impact
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                                              incidental/construction.htm once it is                  pile extraction and installation is                   pile driving. We require the DOT&PF to
                                              finalized.                                              planned to be completed by April 30,                  initiate sound from vibratory hammers
                                                                                                      2016. If work cannot be completed by                  for fifteen seconds at reduced energy
                                              Proposed Incidental Harassment                          April 30, the DOT&PF must refrain from                followed by a 1-minute waiting period,
                                              Authorization                                           impact pile installation without a                    with the procedure repeated two
                                                As a result of these preliminary                      bubble curtain from May 1 through June                additional times. For impact driving, we
                                              determinations, we propose to issue an                  30 within the 12-hour period beginning                require an initial set of three strikes


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                                              51232                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices

                                              from the impact hammer at reduced                          (a) Visual Marine Mammal                           resulting behavior of the animal, if any.
                                              energy, followed by a 1-minute waiting                  Monitoring and Observation                            In addition, the DOT&PF will attempt to
                                              period, then two subsequent three strike                   (i) At least one individual meeting the            distinguish between the number of
                                              sets.                                                   minimum qualifications identified in                  individual animals taken and the
                                                 (ii) Soft start will be required at the              Appendix A of the application by the                  number of incidents of take. At a
                                              beginning of each day’s pile driving                    DOT&PF will monitor the shutdown                      minimum, the following information be
                                              work and at any time following a                        and Level B harassment zones during                   collected on the sighting forms:
                                              cessation of pile driving of 20 minutes                 impact and vibratory pile driving.                       1. Date and time that monitored
                                              or longer.                                                 (ii) During pile driving and extraction            activity begins or ends;
                                                 (iii) If a marine mammal is present                  the shutdown zone, as described in 4(b)                  2. Construction activities occurring
                                              within the shutdown zone, ramping up                    will be monitored and maintained. Pile                during each observation period;
                                              will be delayed until the animal(s)                     installation or extraction will not                      3. Weather parameters (e.g., percent
                                              leaves the Level A harassment zone.                     commence or will be suspended                         cover, visibility);
                                              Activity will begin only after the MMO                  temporarily if any marine mammals are                    4. Water conditions (e.g., sea state,
                                              has determined, through sighting, that                  observed within or approaching the area               tide state);
                                              the animal(s) has moved outside the                     of potential disturbance.                                5. Species, numbers, and, if possible,
                                              Level A harassment zone.                                   (iii) The area within the Level B                  sex and age class of marine mammals;
                                                 (iv) If a Steller sea lion, harbor seal,             harassment threshold for pile driving                    6. Description of any observable
                                              harbor porpoise, or killer whale is                     and extraction will be monitored by                   marine mammal behavior patterns,
                                              present in the Level B harassment zone,                 observers stationed to provide adequate               including bearing and direction of travel
                                              ramping up will begin and a Level B                     view of the harassment zone. Marine                   and distance from pile driving activity;
                                              take will be documented. Ramping up                     mammal presence within this Level B                      7. Distance from pile driving activities
                                              will occur when these species are in the                harassment zone, if any, will be                      to marine mammals and distance from
                                              Level B harassment zone whether they                    monitored. Pile driving activity will not             the marine mammals to the observation
                                              entered the Level B zone from the Level                 be stopped if marine mammals are                      point;
                                              A zone, or from outside the project area.               found to be present. Any marine                          8. Locations of all marine mammal
                                                 (v) If any marine mammal other than                  mammal documented within the Level                    observations; and
                                              Steller sea lions, harbor seals, harbor                 B harassment zone during impact                          9. Other human activity in the area.
                                              porpoises, or killer whales is present in               driving would constitute a Level B take                  (c) Reporting Measures
                                              the Level B harassment zone, ramping                    (harassment), and will be recorded and                   (i) In the unanticipated event that the
                                              up will be delayed until the animal(s)                  reported as such.                                     specified activity clearly causes the take
                                              leaves the zone. Ramping up will begin                     (iv) The individuals will scan the                 of a marine mammal in a manner
                                              only after the Wildlife Observer has                    waters within each monitoring zone                    prohibited by the IHA, such as an injury
                                              determined, through sighting, that the                  activity using binoculars (Vector 10X42               (Level A harassment to animals other
                                              animal(s) has moved outside the                         or equivalent), spotting scopes                       than Steller sea lions), serious injury or
                                              harassment zone.                                        (Swarovski 20–60 zoom or equivalent),                 mortality (e.g., ship-strike, gear
                                                 (f) Pile Caps—                                       and visual observation.                               interaction, and/or entanglement), the
                                                 (i) Pile caps will be used during all                   (v) If waters exceed a sea-state which             DOT&PF would immediately cease the
                                              impact pile-driving activities.                         restricts the observers’ ability to make              specified activities and immediately
                                                 (g) Standard mitigation measures                     observations within the marine mammal                 report the incident to the Chief of the
                                                 (i) Conduct briefings between                        buffer zone (the 100 meter radius) (e.g.              Permits and Conservation Division,
                                              construction supervisors and crews,                     excessive wind or fog), impact pile                   Office of Protected Resources, NMFS,
                                              marine mammal monitoring team, and                      installation will cease until conditions              and the Alaska Regional Stranding
                                              DOT&PF staff prior to the start of all pile             allow the resumption of monitoring.                   Coordinators. The report would include
                                              driving and extraction activity, and                       (vi) The waters will be scanned 30                 the following information:
                                              when new personnel join the work, in                    minutes prior to commencing pile                         1. Time, date, and location (latitude/
                                              order to explain responsibilities,                      driving at the beginning of each day,                 longitude) of the incident;
                                              communication procedures, marine                        and prior to commencing pile driving                     2. Name and type of vessel involved;
                                              mammal monitoring protocol, and                         after any stoppage of 20 minutes or                      3. Vessel’s speed during and leading
                                              operational procedures.                                 greater. If marine mammals enter or are               up to the incident;
                                                 (ii) For in-water heavy machinery                    observed within the designated marine                    4. Description of the incident;
                                              work other than pile driving (e.g.,                     mammal shutdown zone during or 20                        5. Status of all sound source use in
                                              standard barges, tug boats, barge-                      minutes prior to impact pile driving, the             the 24 hours preceding the incident;
                                              mounted excavators, or clamshell                        monitors will notify the on-site                         6. Water depth;
                                              equipment used to place or remove                       construction manager to not begin until                  7. Environmental conditions (e.g.,
                                              material), if a marine mammal comes                     the animal has moved outside the                      wind speed and direction, Beaufort sea
                                              within 10 meters, operations shall cease                designated radius.                                    state, cloud cover, and visibility);
                                              and vessels shall reduce speed to the                      (vii) The waters will continue to be                  8. Description of all marine mammal
                                              minimum level required to maintain                      scanned for at least 20 minutes after pile            observations in the 24 hours preceding
                                              steerage and safe working conditions.                   driving has completed each day,                       the incident;
                                                 (h) The DOT&PF shall establish                          (b) Data Collection                                   9. Species identification or
                                              monitoring locations as described                          (i) Observers are required to use                  description of the animal(s) involved;
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                                              below.                                                  approved data forms. Among other                         10. Fate of the animal(s); and
                                                 5. Monitoring and Reporting                          pieces of information, DOT&PF the                        11. Photographs or video footage of
                                                 The holder of this Authorization is                  DOT&PF will record detailed                           the animal(s) (if equipment is available).
                                              required to report all monitoring                       information about any implementation                     (ii) Activities would not resume until
                                              conducted under the IHA within 90                       of shutdowns, including the distance of               NMFS is able to review the
                                              calendar days of the completion of the                  animals to the pile and description of                circumstances of the prohibited take.
                                              marine mammal monitoring                                specific actions that ensued and                      NMFS would work with the DOT&PF to


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                                                                           Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices                                           51233

                                              determine what is necessary to                            Dated: August 18, 2015.                             Live Stream Broadcast
                                              minimize the likelihood of further                      Perry Gayaldo,
                                                                                                                                                            Friday, September 11, 2015 Through
                                              prohibited take and ensure MMPA                         Deputy Director, Office of Protected                  Wednesday, September 16, 2015
                                              compliance. The DOT&PF would not be                     Resources, National Marine Fisheries Service.
                                              able to resume their activities until                   [FR Doc. 2015–20828 Filed 8–21–15; 8:45 am]              The general session of the Pacific
                                              notified by NMFS via letter, email, or                  BILLING CODE 3510–22–P
                                                                                                                                                            Fishery Management Council will be
                                              telephone.                                                                                                    streamed live on the internet beginning
                                                 (iii) In the event that the DOT&PF                                                                         at 9 a.m. Pacific Time (PT) on Friday,
                                              discovers an injured or dead marine                     DEPARTMENT OF COMMERCE                                September 11, 2015 through
                                              mammal, and the lead MMO determines                                                                           Wednesday, September 16, 2015. The
                                              that the cause of the injury or death is                National Oceanic and Atmospheric                      broadcast will end daily at 6 p.m. PT or
                                              unknown and the death is relatively                     Administration                                        when business for the day is complete.
                                              recent (i.e., in less than a moderate state                                                                   Only the audio portion, and portions of
                                                                                                      RIN 0648–XE127
                                              of decomposition as described in the                                                                          the presentations displayed on the
                                              next paragraph), the DOT&PF would                       Pacific Fishery Management Council;                   screen at the Council meeting, will be
                                              immediately report the incident to the                  Public Meetings                                       broadcast. The audio portion is listen-
                                              Chief of the Permits and Conservation                                                                         only; you will be unable to speak to the
                                              Division, Office of Protected Resources,                AGENCY:  National Marine Fisheries                    Council via the broadcast. Join the
                                              NMFS, and the Alaska Stranding                          Service (NMFS), National Oceanic and                  meeting by visiting this link http://
                                              Hotline and/or by email to the Alaska                   Atmospheric Administration (NOAA),                    www.gotomeeting.com/online/webinar/
                                              Regional Stranding Coordinators. The                    Commerce.                                             join-webinar, enter the Webinar ID for
                                              report would include the same                           ACTION: Notice of public meetings.                    this meeting, which is 141–257–515,
                                              information identified in the paragraph                                                                       and enter your email address as
                                              above. Activities would be able to                      SUMMARY:    The Pacific Fishery                       required. It is recommended that you
                                              continue while NMFS reviews the                         Management Council (Pacific Council)                  use a computer headset as GoToMeeting
                                              circumstances of the incident. NMFS                     and its advisory entities will hold an 8-             allows you to listen to the meeting using
                                              would work with the DOT&PF to                           day public meeting to consider actions                your computer headset and speakers. If
                                              determine whether modifications in the                  affecting West Coast fisheries in the                 you do not have a headset and speakers,
                                              activities are appropriate.                             exclusive economic zone.                              you may use your telephone for the
                                                 (iv) In the event that the DOT&PF                    DATES: Advisory entities to the Pacific               audio portion of the meeting by dialing
                                              discovers an injured or dead marine                     Council will meet beginning at 8 a.m.                 this toll number 1–702–489–0008 (not a
                                              mammal, and the lead MMO determines                     Wednesday, September 9, 2015 through                  toll free number); entering the phone
                                              that the injury or death is not associated              Wednesday, September 16, 2015 as                      audio access code 418–407–809; and
                                              with or related to the activities                       listed in the Schedule of Ancillary                   then entering your Audio Pin which
                                              authorized in the IHA (e.g., previously                 Meetings. The Pacific Council general                 will be shown to you after joining the
                                              wounded animal, carcass with moderate                   session will begin on Friday, September               webinar. The webinar is broadcast in
                                              to advanced decomposition, or                           11, 2015 at 8 a.m., reconvening each day              listen-only mode.
                                              scavenger damage), the DOT&PF would                     through Wednesday, September 16,
                                              report the incident to the Chief of the                 2015. All meetings are open to the                    Agenda
                                              Permits and Conservation Division,                      public, except a closed session will be               Friday, September 11, 2015 Through
                                              Office of Protected Resources, NMFS,                    held at 8 a.m. on Friday, September 11                Wednesday, September 16, 2015
                                              and the NMFS Alaska Stranding Hotline                   to address litigation and personnel
                                              and/or by email to the Alaska Regional                  matters. The Pacific Council will meet                   The following items are on the Pacific
                                              Stranding Coordinator, within 24 hours                  as late as necessary each day to                      Council agenda, but not necessarily in
                                              of the discovery. The DOT&PF would                      complete its scheduled business.                      this order. Agenda items noted as
                                              provide photographs or video footage (if                                                                      ‘‘(Final Action)’’ refer to actions
                                                                                                      ADDRESSES: Meetings of the Council and
                                              available) or other documentation of the                                                                      requiring the Council to transmit a
                                                                                                      its advisory entities will be held at the             proposed fishery management plan,
                                              stranded animal sighting to NMFS and                    Doubletree by Hilton Sacramento, 2001
                                              the Marine Mammal Stranding Network.                                                                          proposed plan amendment, or proposed
                                                                                                      Point West Way, Sacramento, CA 95815;                 regulations to the Secretary of
                                                 6. This Authorization may be
                                                                                                      telephone: (916) 929–8855. Instructions               Commerce, under Sections 304 or 305 of
                                              modified, suspended or withdrawn if
                                                                                                      for attending the meeting via live stream             the Magnuson-Stevens Fishery
                                              the holder fails to abide by the
                                                                                                      broadcast are given under                             Conservation and Management Act.
                                              conditions prescribed herein, or if
                                                                                                      SUPPLEMENTARY INFORMATION, below.
                                              NMFS determines the authorized taking                                                                         Additional detail on agenda items,
                                                                                                         Council address: Pacific Fishery                   Council action, and meeting rooms, is
                                              is having more than a negligible impact                 Management Council, 7700 NE.
                                              on the species or stock of affected                                                                           described in Agenda Item A.5, Proposed
                                                                                                      Ambassador Place, Suite 101, Portland,                Council Meeting Agenda, and will be in
                                              marine mammals.                                         OR 97220.                                             the advance September 2015 briefing
                                              Request for Public Comments                             FOR FURTHER INFORMATION CONTACT: Dr.                  materials and posted on the Council
                                                 NMFS requests comment on our                         Donald O. McIsaac, Executive Director,                Web site http://www.pcouncil.org/
                                              analysis, the draft authorization, and                  Pacific Fishery Management Council;                   council-operations/council-meetings/
                                              any other aspect of the Notice of                       telephone: (503) 820–2280 or (866) 806–               current-briefing-book/.
                                                                                                      7204 toll free. Access the Pacific
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                                              Proposed IHA for the DOT&PF’s Kodiak                                                                          A. Call to Order
                                              Ferry Terminal and Dock Improvements                    Council Web site, http://                                1. Opening Remarks
                                              Project. Please include with your                       www.pcouncil.org/council-operations/                     2. Council Member Appointments
                                              comments any supporting data or                         council-meetings/current-meeting/ for                    3. Roll Call
                                              literature citations to help inform our                 the current meeting location, proposed                   4. Executive Director’s Report
                                              final decision on DOT&PF’s request for                  agenda, and meeting briefing materials.                  5. Approve Agenda
                                              an MMPA authorization.                                  SUPPLEMENTARY INFORMATION:                            B. Open Comment Period


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Document Created: 2015-12-15 10:55:04
Document Modified: 2015-12-15 10:55:04
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; proposed incidental harassment authorization; request for comments.
DatesComments and information must be received no later than September 23, 2015.
ContactRobert Pauline, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation80 FR 51211 
RIN Number0648-XE06

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