80 FR 53777 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Rehabilitation of Jetty A at the Mouth of the Columbia River

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 173 (September 8, 2015)

Page Range		53777-53786
FR Document		2015-22069

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the U.S. Army Corp of Engineers (the Corps) to incidentally harass, by Level B harassment only, six species of marine mammals during activities related to the rehabilitation of Jetty A at the mouth of the Columbia River (MCR).

Federal Register, Volume 80 Issue 173 (Tuesday, September 8, 2015)

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53777-53786]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-22069]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD978

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Rehabilitation of Jetty A at
the Mouth of the Columbia River

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that we have issued an incidental harassment authorization (IHA) to the
U.S. Army Corp of Engineers (the Corps) to incidentally harass, by
Level B harassment only, six species of marine mammals during
activities related to the rehabilitation of Jetty A at the mouth of the
Columbia River (MCR).

DATES: This authorization is effective from May 1, 2016 through April
30, 2017.

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

SUPPLEMENTARY INFORMATION:

Availability

An electronic copy of the Corps' application and supporting
documents, as well as a list of the references cited in this document,
may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing
these documents, please call the contact listed above (see FOR FURTHER
INFORMATION CONTACT).

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.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for an authorization to
incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS' review
of an application followed by a 30-day public notice and comment period
on any proposed authorizations for the incidental harassment of marine
mammals. Within 45 days of the close of the comment period, NMFS must
either issue or deny the authorization. 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 February 13, 2015 NMFS received an application from the Corps
for the taking of marine mammals incidental to the rehabilitation of
Jetty A at the MCR. On June 9, 2015 NMFS received a revised
application. NMFS determined that the application was adequate and
complete on June 12, 2015. The Corps proposes to conduct in-water work
that may incidentally harass marine mammals (i.e., pile driving and
removal). The use of vibratory pile driving is expected to produce
underwater sound at levels that have the potential to result in
behavioral harassment of marine mammals. Species with the expected
potential to be present during the project timeframe include killer
whale (Orcinus orca), Steller sea lion (Eumatopius jubatus), gray whale
(Eschrichtius robustus), harbor porpoise (Phocoena phocoena),
California sea lion (Zalophus californianus), and harbor seal (Phoca
vitulina richardii).

Description of the Specified Activity

Overview

The Corps is seeking an IHA for the first year of pile installation
and, possibly, removal work at Jetty A related to construction and
maintenance of a barge offloading facility. The barge facility will be
used for activities associated with the rehabilitation of Jetty A. The
Corps is seeking this authorization by the end of August 2015 for
contract bid scheduling reasons.

Dates and Duration

Work on the first year of pile installation may begin as early as
May 2016 and would extend through September 2017. Because the work may
extend to two seasons the Corps has requested a Letter of Authorization
(LOA) that would come into effect immediately after the IHA expires for
the second year of pile maintenance and removal at Jetty A. The LOA
would also

[[Page 53778]]

cover rehabilitation work planned for the North and South Jetties.

Specific Geographic Region

This activity will take place at Jetty A at the MCR jetty system in
Pacific County, Washington.

Detailed Description of Activities

We provided a description of the proposed action in our Federal
Register notice announcing the proposed authorization (80 FR 43739;
July 23, 2015). Please refer to that document; we provide only summary
information here.
The scheduled rehabilitation of Jetty A would occur as part of the
Corps' Major Rehabilitation program for the MCR jetty system. During
the first year of the project, operators would install and potentially
remove up to 24 24-in steel piles and 93 sections of Z or H piles using
a vibratory hammer. USACE expects those activities to take 17 days and
would limit them to daylight hours only.

Comments and Responses

A notice of NMFS' proposal to issue an IHA was published in the
Federal Register on July 23, 2015 (80 FR 43739). During the 30-day
public comment period, the Marine Mammal Commission submitted a letter.
The letter is available on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. All comments specific to the
Corps' application that address the statutory and regulatory
requirements or findings NMFS must make to issue an IHA are addressed
in this section of the Federal Register notice.
Comment 1: The Commission recommends that a hydroacoustic
monitoring plan be incorporated in subsequent years of activity under
requested regulations, if and when issued. The Commission believes such
a plan is prudent due to the types and sizes of piles to be installed
and removed, the substrate of the environment, and the ambient sound
and sound propagation loss associated with a river mouth opening into
the open ocean.
Response 1: NMFS agrees that a hydroacoustic monitoring plan would
be valuable for defining potential injury and harassment zones during
future years of the jetty rehabilitation project. There is very limited
hydroacoustic data pertaining to the MCR. NMFS will work with the
applicant to devise a monitoring plan during the next application
cycle.

Description of Marine Mammals in the Area of the Specified Activity

There are six marine mammal species known to occur in the vicinity
of the MCR which may be subjected to Level B harassment. These are the
killer whale, Steller sea lion, gray whale, harbor porpoise, California
sea lion, and harbor seal.
We have reviewed the Corps' detailed species descriptions,
including life history information, for accuracy and completeness and
refer the reader to Section 3 of the Corps' application as well as the
proposed incidental harassment authorization published in the Federal
Register (80 FR 43739) instead of reprinting the information here.
Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized species accounts which provide information
regarding the biology and behavior of the marine resources that occur
in the vicinity of the MCR. We provided additional information for the
potentially affected stocks, including details of stock-wide status,
trends, and threats, in our Federal Register notice of proposed
authorization (80 FR 43739).
Table 1 lists marine mammal stocks that could occur in the vicinity
of the Jetty A project that may be subject to Level B harassment and
summarizes key information regarding stock status and abundance.
Taxonomically, we follow Committee on Taxonomy (2014). Please see NMFS'
Stock Assessment Reports (SAR), available at www.nmfs.noaa.gov/pr/sars,
for more detailed accounts of these stocks' status and abundance.

Table 1--List of Marine Mammal Species Under NMFS Jurisdiction That Occur in the Vicinity of the MCR Project
Area *
----------------------------------------------------------------------------------------------------------------
Stock(s) abundance Frequency of occurrence
Species estimate \1\ ESA status MMPA * status \3\
----------------------------------------------------------------------------------------------------------------
Killer Whale (Orcinus orca), 85................... Endangered..... Depleted and Infrequent/Rare.
Eastern N. Pacific, Southern Strategic.
Resident Stock.
Killer Whale (Orcinus orca), 243.................. ............... Non-depleted... Rare.
Eastern N. Pacific, West
Coast Transient Stock.
Gray Whale (Eschrichtius 18,017 (173)......... Delisted/ Non-depleted... Rare.
robustus), Eastern North Recovered
Pacific Stock, (Pacific (1994).
Coast Feed Group).
Harbor Porpoise (Phocoena 21,487............... ............... Non-depleted... Likely.
phocoena), Northern Oregon/
Washington Coast Stock.
Steller Sea Lion (Eumetopias 63,160-78,198........ Delisted/ Depleted and Likely.
jubatus), Eastern U.S. Stock/ Recovered Strategic \2\.
DPS**. (2013).
California Sea Lion (Zalophus 296,750.............. ............... Non-depleted... Likely.
californianus), U.S. Stock.
Harbor Seal (Phoca vitulina 24,732 \4\........... ............... Non-depleted... Seasonal.
richardii), Oregon and
Washington Stock.
----------------------------------------------------------------------------------------------------------------
\1\ NOAA/NMFS 2014 marine mammal stock assessment reports at http://www.nmfs.noaa.gov/pr/sars/species.htm.
\2\ May be updated based on the recent delisting status.
\3\ Frequency defined here in the range of:
Rare--Few confirmed sightings, or the distribution of the species is near enough to the area that the
species could occur there.
Infrequent--Confirmed, but irregular sightings.
Likely--Confirmed and regular sightings of the species in the area year-round.
Seasonal--Confirmed and regular sightings of the species in the area on a seasonal basis.
\4\ Data is 8 years old. No current abundance estimates exist.
* MMPA = Marine Mammal Protection Act.
** DPS = Distinct population segment.

[[Page 53779]]

Potential Effects of the Specified Activity on Marine Mammals

The Federal Register notice of proposed authorization (80 FR
43739), incorporated here by reference, provides a general background
on sound relevant to the specified activity as well as a detailed
description of marine mammal hearing and of the potential effects of
these construction activities on marine mammals.

Anticipated Effects on Habitat

We described potential impacts to marine mammal habitat in detail
in our Federal Register notice of proposed authorization. In summary,
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. 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 for individual
marine mammals or their populations

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.
Measurements from similar pile driving events were coupled with
practical spreading loss to estimate zones of influence (ZOI; see
``Estimated Take by Incidental Harassment''). ZOIs are often used to
establish a mitigation zone around each pile (when deemed practicable)
to prevent Level A harassment to marine mammals, and also provide
estimates of the areas within which Level B harassment might occur.
ZOIs may vary between different diameter piles and types of
installation methods. The Corps will employ the following mitigation
measures:
(a) Conduct briefings between construction supervisors and crews,
marine mammal monitoring team, and the Corps' 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. This type of work could include the following
activities: (1) Movement of the barge to the pile location or (2)
positioning of the pile on the substrate via a crane (i.e., stabbing
the pile).

Monitoring and Shutdown for Pile Driving

The following measures apply to the Corps' mitigation through
shutdown and disturbance zones:
Shutdown Zone--For all pile driving activities, the Corps 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. The estimated shutdown zone for
Level A injury to cetaceans would be 1 meter. The Corps, 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 shutdowns of activity. However, the primary
purpose of disturbance zone monitoring is for documenting incidents of
Level B harassment. Nominal radial distances for disturbance zones are
shown in Table 2. The shutdown zone for Level B injury wound extend
7,356 meters from the sound source. Given the size of the disturbance
zone for vibratory pile driving, it is impossible to guarantee that all
animals would be observed or to make comprehensive observations of
fine-scale behavioral reactions to sound. We discuss monitoring
objectives and protocols in greater depth in ``Monitoring and
Reporting.''

Table 2--Calculated Area Encompassed Within Zone of Influence at MCR Jetties for Underwater Marine Mammal Sound
Thresholds at Jetty A
----------------------------------------------------------------------------------------------------------------
Underwater Area excluding land & jetty
Jetty threshold Distance--m (mi) masses--km\2\ (mi\2\)
----------------------------------------------------------------------------------------------------------------
Jetty A: ~ Station 78+50, Vibratory 0............................. 0
River Side. driving,
pinniped
injury (190
dB).
Vibratory 1 (3.3)....................... <0.000003 (0.000001)
driving,
cetacean
injury (180
dB).
Vibratory 7,356 (4.6 miles)............. 23.63 (9.12)
driving,
disturbance
(120 dB).
----------------------------------------------------------------------------------------------------------------

Time Restrictions--Work would occur only during daylight hours,
when visual monitoring of marine mammals can be conducted. In order
minimize impact to Southern resident killer whales, in-water work will
not be conducted during their primary feeding season extending from
October 1 until on or after May 1. Installation could occur from May 1
through September 30 each year.
In order to document observed incidents of harassment, observers
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 ZOIs for relevant activities (i.e., pile
installation and removal). This information may then be used to
extrapolate observed

[[Page 53780]]

takes to reach an approximate understanding of actual total takes.
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 pile driving. We require the Corps to initiate sound from
vibratory hammers for fifteen seconds at reduced energy followed by a
thirty-second waiting period, with the procedure repeated two
additional times. 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.

Monitoring

Monitoring Protocols--Monitoring would be conducted before, during,
and after pile driving. 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 and 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 thirty minutes prior to
initiation through thirty 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.
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 when applicable
by calling for the shutdown to the hammer operator. One observer will
be placed on or near the drilling rig near Jetty A while a second
observer will be stationed on the opposite side of the observable zone
of influence on Clatsop Spit. 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.).
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.
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 30 minutes or greater. If marine mammals
enter or are observed within the designated marine mammal shutdown zone
during or 30 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.
If any marine mammal species are encountered during activities that
are not listed in Table 1 for authorized taking and are likely to be
exposed to sound pressure levels (SPLs) greater than or equal to 120 dB
re 1mPa (rms), then the Holder of this Authorization must stop pile
driving activities and report observations to NMFS' Office of Protected
Resources at (301) 847-8401.
If a marine mammal approaches or enters the shutdown zone during
the course of vibratory pile driving operations, activity will be
halted and delayed until the animal has voluntarily left and been
visually confirmed beyond the shutdown zone. If a marine mammal is seen
above water and then dives below, the contractor would wait 15 minutes
for pinnipeds and 30 minutes for cetaceans. If no marine mammals are
seen by the observer in that time it will be assumed that the animal
has moved beyond the exclusion zone.
Monitoring will be conducted throughout the time required to drive
a pile.
(3) Marine mammal presence within the Level B harassment zone will
be monitored, but vibratory driving will not be stopped if marine
mammals are found to be present. Any marine mammal documented within
the Level B harassment zone during vibratory driving would constitute a
Level B take (harassment), and will be recorded and reported as such.

Mitigation Conclusions

We have carefully evaluated the Corps' proposed mitigation measures
and considered their effectiveness in past implementation to determine
whether they are likely to effect 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: (1) The manner in which,
and the degree to which, the successful implementation of the measure
is expected to minimize adverse impacts to marine mammals, (2) the
proven or likely efficacy of the specific measure to minimize adverse
impacts as planned; and (3) the practicability of the measure for
applicant implementation.
Any mitigation measure(s) we prescribe should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current

[[Page 53781]]

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 number (total number or number at
biologically important time or location) of individual marine mammals
exposed to stimuli expected to result in incidental take (this goal may
contribute to 1, above, or to reducing takes by behavioral harassment
only).
(3) A reduction in the number (total number or number at
biologically important time or location) of times any individual marine
mammal would be exposed to stimuli expected to result in incidental
take (this goal may contribute to 1, above, or to reducing takes by
behavioral harassment only).
(4) A reduction in the intensity of exposure to stimuli expected to
result in incidental take (this goal may contribute to 1, above, or to
reducing the severity of behavioral harassment only).
(5) Avoidance or minimization of adverse effects to marine mammal
habitat, paying particular attention to the prey base, blockage or
limitation of passage to or from biologically important areas,
permanent destruction of habitat, or temporary 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 Corps' proposed measures, including
information from monitoring of implementation of mitigation measures
very similar to those described here under previous IHAs from other
marine construction projects, we have determined that the proposed
mitigation measures provide the means of effecting the least
practicable impact on marine mammal species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.

Monitoring and Reporting

In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
incidental take authorizations must include the suggested means of
accomplishing the necessary monitoring and reporting that will result
in increased knowledge of the species and of the level of taking or
impacts on populations of marine mammals that are expected to be
present in the proposed action area.
Any monitoring requirement we prescribe should improve our
understanding of one or more of the following:
(1) An increase in the probability of detecting marine mammals,
both within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
(2) An increase in our understanding of how many marine mammals are
likely to be exposed to levels of pile driving that we associate with
specific adverse effects, such as behavioral harassment, TTS, or PTS;
(3) An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
[ssquf] Behavioral observations in the presence of stimuli compared
to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Distribution and/or abundance comparisons in times or areas
with concentrated stimuli versus times or areas without stimuli;
(4) An increased knowledge of the affected species; and
(5) An increase in our understanding of the effectiveness of
certain mitigation and monitoring measures.
The Corps consulted with NMFS to create a marine mammal monitoring
plan as part of the IHA application for this project.

Visual Marine Mammal Observations

Two individuals meeting the minimum qualifications
previously identified will monitor the marine mammal buffer area and
Level B harassment zones during vibratory pile. Monitors will be
stationed on the drilling rig or Jetty A as well as on Clatsop Spit.
During vibratory pile driving, the area within 10 meters
of pile driving activity will be monitored and maintained as a marine
mammal buffer area in which pile installation will not commence or will
be suspended temporarily if any marine mammals are observed within or
approaching the area of potential disturbance. The Level B harassment
area will be monitored by 2 observers at locations listed above. The
monitoring staff will record any presence of marine mammals by species,
will document any behavioral responses noted, and record Level B takes
when sightings overlap with pile installation activities.
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.
The area within which the Level B harassment thresholds
could be exceeded during vibratory pile driving will be monitored for
the presence of marine mammals. Marine mammal presence within these
zones, if any, will be monitored but pile driving activity will not be
stopped if marine mammals were found to be present. Any marine mammal
documented within the Level B harassment zone will constitute a Level B
take, and will be recorded and used to document the number of take
incidents.
If waters exceed a sea-state which restricts the
observers' ability to make observations within the marine mammal buffer
zone (e.g. excessive wind or fog), pile installation will cease until
conditions allow the resumption of monitoring.
The waters will be scanned for 30 minutes before, during,
and 30 minutes after any and all pile driving and removal activities.
If marine mammals enter or are observed within the
designated marine mammal buffer zone (10 m) during or 30 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.
If a marine mammal approaches the shutdown zone prior to
initiation of pile driving, the Corps cannot commence activities until
the marine mammal (a) is observed to have left the Level A harassment
zone or (b) has not been seen or otherwise detected within the Level A
harassment zone for 30 minutes.
The waters will continue to be scanned for at least 30
minutes after pile driving has completed each day, and

[[Page 53782]]

after each stoppage of 30 minutes or greater.

Data Collection

We require that observers use approved data forms. Among other
pieces of information, the Corps 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 Corps 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.

Reporting

The Corps will notify NMFS prior to the initiation of the pile
driving activities. The Corps will 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.

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 B harassment resulting from
vibratory pile driving/removal and involving temporary changes in
behavior. Injurious or lethal takes are not expected due to the
expected source levels and sound source characteristics associated with
the activity, and the planned mitigation and monitoring measures are
expected to further minimize the possibility of such take.
Given the many uncertainties in predicting the quantity and types
of impacts of sound in every given situation 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, based on the available science.
This practice potentially overestimates the numbers of marine
mammals taken for stationary activities, as it is likely that some
smaller number of individuals may accrue a number of incidences of
harassment per individual than for each incidence to accrue to a new
individual, especially if those individuals display some degree of
residency or site fidelity and the impetus to use the site (e.g.,
because of foraging opportunities) is stronger than the deterrence
presented by the harassing activity.
The Corps requested authorization for the incidental taking of
small numbers of killer whale, Gray whale, harbor porpoise, Steller sea
lion, California sea lion, and harbor seal near the MCR project area
that may result from vibratory pile driving and removal during
construction activities associated with the rehabilitation of Jetty A
at the MCR.
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 provided detailed information on
applicable sound thresholds for determining effects to marine mammals
as well as 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, in our
Federal Register notice of proposed authorization (80 FR 43739; July
23, 2015).
Table 2 above illustrated that during vibratory driving the120 dB
Level B harassment threshold could be exceeded at 7,356 meters. Note
that the actual area ensonified by pile driving activities is
significantly constrained by local topography relative to the
identified threshold radii.
The method used for calculating potential exposures to 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:
During construction, each species could be present in the
project area each day. The potential for a take is based on a 24-hour
period. The model assumes that there can be one potential take (Level B
harassment exposure) per individual per 24-hours.
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
piles. The ZOIs for each threshold are not spherical and are truncated
by land masses which would dissipate sound pressure waves.
Exposures were based on an estimated 17 days of in-water
work.

In absence of site specific underwater acoustic propagation modeling,
the practical spreading loss model was used to determine the ZOI.
Southern resident killer whales have been observed offshore near
the study area and ZOI, but the Corps does not have fine-scale details
on frequency of use. While killer whales do occur in the Columbia River
plume, where fresh water from the river intermixes with salt water from
the ocean, they are rarely seen in the interior of the Columbia River
Jetty system. The ensonified area associated with the proposed action
at Jetty A does not extend out into the open ocean where killer whales
are likely to be found. Furthermore, the Corps has limited its pile
installation window in order to avoid peak salmon runs and any overlap
with the presence of Southern residents. To ensure no Level B
acoustical harassment occurs, the Corps will restrict pile installation
from October 1 until April 30 of each season. However, this restriction
was

[[Page 53783]]

enacted primarily for construction work at the North and South jetties,
where the ensonified zone will radiate out towards the open ocean. As
such NMFS is not anticipating any acoustic exposure to Southern
residents. Also note that in the 2011 Biological Opinion, NMFS issued a
not likely to adversely affect determination. Therefore, NMFS has
determined that authorization of take for Southern residents is not
warranted.
Western Transient killer whales may be traversing offshore over a
greater duration of time than the feeding resident. They are rarely
observed inside of the jetty system. The Southwest Fisheries Science
Center (SWFSC) stratum model under the Marine Animal Monitor Model
provides an estimated density of 0.00070853 animals per km\2\for summer
killer whales for areas near MCR, which may provide a surrogate proxy
value for assuming possible densities near the jetties (Barlow et al.
2009, Halpin et al. 2009 at OBIS-SEAMAP). Given anecdotal evidence
(Griffith 2015) and sightings recorded on the OBIS network from surveys
done in 2005 (Halpin et al. 2009, OBIS-SEAMAP 2015), this density may
be appropriate for the MCR vicinity.
The following formula was used to calculate exposure using

Exposure Estimate = (0.000708DensityEstimate *
23.63ZOI Jetty A * 17days) = 0.28 killer whale
exposures

Where:

NDensityEstimate = Represents estimated density of
species within the 4.6-mile radius (23.63 km\2\) encompassing the
ZOI at Jetty A; using the density model suggested by NOAA (2015),
this equates to 0.000708 animals per km\2\(Barlow et al. 2009).
Days = Total days of pile installation or removal activity (~17
days)

Given the low density and rare occurrence of transient killer
whales in the ZOI, exposure of feeding or transient killer whales to
Level B acoustical harassment from pile driving is unlikely to occur.
However, NMFS proposes to authorize take of small number due to the
remote chance that transient orcas remain in the vicinity to feed on
pinnipeds that frequent the haulouts at the South Jetty.
NMFS believes that an authorized take of 8 transients is warranted
because solitary killer whales are rarely observed, and transient
whales travel in pods of 2-15 members. NMFS has assumed a pod size of
8.
Based on anecdotal information and sightings between 2006 and 2011
(Halpin et al. 2009 at OBIS SEAMAP 2015), gray whales may be in the
proximity of the proposed action area and exposed to underwater
acoustic disturbances. However, no data exists that is specific to
presence and numbers in the MCR vicinity and gray whale density
estimates were not available on the SERDP or OBIS-SEAMAP web model
sites. Anecdotal evidence also indicates gray whales have been seen at
MCR, but are not a common visitor, as they mostly remain in the
vicinity of the further offshore shelf-break (Griffith 2015). According
to NOAA's Cetacean Mapping classification of the MCR vicinity
pertaining to gray whale use, its Biologically Important Area
categorization is indicated as a migration corridor (http://cetsound.noaa.gov/biologically-important-area-map). As primarily bottom
feeders, gray whales are the most coastal of all great whales; they
primarily feed in shallow continental shelf waters and live much of
their lives within a few tens of kilometers of shore (Barlow et. al.
2009 on OBIS--SEAMAP 2015).
The Pacific Coast Feeding Group or northbound summer migrants would
be the most likely gray whales to be in the vicinity of MCR. Since no
information pertaining to gray whale densities could be identified,
NMFS elected to apply proxy data for estimating densities. As a proxy,
data pertinent to humpback whales (0.0039 animals per km\2\) was
selected because both are baleen species found near the MCR vicinity
for the same purposes (as a migration route or temporary feeding zone).
However, the number of estimated exposures at Jetty A was increased to
account for the fact that gray whales are more likely to be in the
nearshore environment than humpback whales. This increase was proposed
strictly as a conservative assumption to acknowledge the distinct
preference gray whales may have over humpbacks for nearshore feeding.
The following formula was used to calculate exposure:

Exposure Estimate = (0.0039DensityEstimate *
23.63ZOI Jetty A * 17days) + 1 = 1.56 gray whale
exposures

Migrating gray whales often travel in groups of 2, although larger
pods do occur. For gray whales, NMFS believes 4 Level B authorized
takes is reasonable.
Harbor porpoises are known to occupy shallow, coastal waters and,
therefore, are likely to be found in the vicinity of the MCR. They are
known to occur within the proposed project area, however, density data
for this region is unavailable (Griffith 2015).
The SWFSC stratum model under the Marine Animal Monitor Model
provides an estimated density per km\2\ of year-round porpoises for
areas near northern California, which may provide a surrogate proxy
value for assuming possible densities near the jetties. Though not in
the project vicinity, the range of 3.642 animals/km\2\(Barlow et al.
2009, Halpin et al. 2009) is a relatively high density compared to
values moving even further south along the model boundaries, for which
the northern-most extent ends in California. Given anecdotal evidence
(Griffith 2015) and sightings recorded on the OBIS network from surveys
done between 1989 and 2005, (Halpin et al. 2009, OBIS-SEAMAP 2015),
this higher density may be appropriate for the MCR vicinity, or may be
conservative.
The formula previously described was used to arrive at a take
estimate for harbor porpoise.

Exposure Estimate = (3.642DensityEstimate *
23.63ZOI Jetty A * 17days) = 1,464.

Based on the density model suggested by NOAA (2015), the Corps has
provided a very conservative maximum estimate of 1,464 harbor porpoise
disturbance exposures over the 17 days of operation. However, this
number of potential exposures does not accurately reflect the actual
number of animals that would potentially be taken for the MCR jetty
project. Rather, it is more likely that the same pod may be exposed
more than once during the 17-day operating window. The highest
estimated number of animals exposed on any single day based on the
modeled proxy density (Barlow et al. 2009 at SERDP) and the jetty with
the greatest ZOI is 193 animals (from South Jetty Channel). While the
number of pods in the vicinity of the MCR is unknown, the size of the
pods is usually assumed to be significantly smaller than 193 animals.
According to OBIS-SEAMAP (2015 and Halpin et al. 2009), the normal
range of group size generally consists of less than five or six
individuals, though aggregations into large, loose groups of 50 to
several hundred animals could occur for feeding or migration. Because
the ZOI only extends for a maximum of 7,256 meters (4.6 miles), it may
also be assumed that due to competition and territorial circumstances
only a limited number of pods would be feeding in the ZOI at any
particular time. If the modeled density calculations are assumed, then
this means anywhere from 32 small pods to 2 large, 100-animal pods
might be feeding during every day of pile installation. Given these
values seem an unrealistic representation of use and pod densities

[[Page 53784]]

within any one of the ZOIs, NMFS is proposing an alternative
calculation.
NMFS conservatively assumed that a single, large feeding pod of 50
animals forms within the ZOI for Jetty A on each day of pile
installation. Though this is likely much higher than actual use by
multiple pods in the vicinity, it more realistically represents a
worst-case scenario for the number of animals that could potentially be
affected by the proposed work. This calculation also assumes that it is
a new pod of individuals would be affected on each installation day,
which is also unlikely given pod residency. Therefore, NMFS is
permitting a Level B take for 850 animals.
There are haulout sites on the South Jetty used by pinnipeds,
especially Steller sea lions. It is likely that pinnipeds that use the
haulout area in would be exposed to 120 dB threshold acoustic threshold
during pile driving activities. The number of exposures would vary
based on weather conditions, season, and daily fluctuations in
abundance. Based on a survey by the Washington Department of Fish &
Wildlife (WDFW) the number of affected Steller sea lions could be
between 200-800 animals per month; California sea lion numbers could
range from 1 to 500 per month and the number of harbor seals could be
as low as 1 to as high as 57 per month. Exposure and take estimates
below are based on past pinniped data from WDFW (2000-2014 data), which
had a more robust monthly sampling frequency relative to Oregon
Department of Fish &Wildlife (ODFW) counts. The exception to this was
for harbor seal counts, for which ODFW (also 2000-2014 data) had more
sampling data in certain months. Therefore, ODFW harbor seal data was
used for the months of May and July. Exposure estimates are much higher
than take estimates. This is because unlike the exposure estimate which
assumes all new individuals, the take estimate request assumes that
some of the same individuals will remain in the area and be exposed
multiple times during the short 17-day installation period to complete
and remove each offloading facility (for a total of about 68 days).
NMFS examined the estimated monthly average number of animals from
2000-2014 hauled on South Jetty during May and June, which are the most
likely months for pile installation as is shown in Table 3. There are
no anticipated airborne exposures since the main haul out sites are not
in close proximity to Jetty A. Note that the formula used by NMFS is
different than that employed by the Corps in their application as NMFS
is only analyzing potential impacts associated with Jetty A. To
reiterate, these exposure estimates assume a new individual is exposed
every day throughout each acoustic disturbance, for the entire duration
of the project.

Exposure EstimateStellar = (Nest(May+June/2) *
17underwater/piles days) = 12,750 Steller sea lions
Exposure EstimateCalifornia = (Nest(May+June/2) *
17underwater/piles days) = 2,788 CA sea lions
Exposure EstimateHarbor = (Nest(May+June/2) *
17underwater/piles days)= 493 Harbor porpoises

Where:

Nest = Estimated daily average number of animals for May
and June hauled out at South Jetty based on WDFW data.
Duration = total days of pile installation or removal activity for
underwater thresholds (17);

Table 3--Authorized Takes of Pinnipeds During Pile Installation at Jetty A
----------------------------------------------------------------------------------------------------------------
Steller sea California Harbor seal
lion sea lion ---------------
Month --------------------------------
Avg \1\ # Avg \1\ # Avg \1\ \2\ #
----------------------------------------------------------------------------------------------------------------
April........................................................... 587 99 ..............
May............................................................. 824 125 0
June............................................................ 676 202 57
July............................................................ 358 1 10
August.......................................................... 324 115 1
September....................................................... 209 249 ..............
October......................................................... 384 508 ..............
Avg Daily Count (May+June/2) \3\................................ 750 164 29
Total Exposures over Duration \4\ (17 days)................. 12,750 2,788 493
----------------------------------------------------------------------------------------------------------------
\1\ WDFW average daily count per month from 2000-2014.
\2\ ODFW average daily count per month for May and July 2000-2014 due to additional available sampling data.
\3\ Conservatively assumes each exposure is to new individual, all individuals are new arrivals each month, and
no individual is exposed more than one time.
\4\ Assumed 17 pile installation/removal days.

Analyses and Determinations

Negligible Impact Analysis

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 4 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 driving activities associated with the rehabilitation of Jetty
A at the mouth of the Columbia River, as outlined

[[Page 53785]]

previously, have the potential to disturb or displace marine mammals.
Specifically, the planned activities may result in take, in the form of
Level B harassment (behavioral disturbance) only, from underwater
sounds generated from pile driving. Potential takes could occur if
individuals of these species are present in the ensonified zone when
pile driving is happening.
No injury, serious injury, or 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,
vibratory hammers will be the only method of installation utilized. No
impact driving is planned. Vibratory driving does not have significant
potential to cause injury to marine mammals due to the relatively low
source levels produced (site-specific acoustic monitoring data show no
source level measurements above 180 dB rms) 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 rehabilitation of Jetty A at MCR further
enables the implementation of shutdowns to avoid injury, serious
injury, or mortality.
The Corps' proposed activities are localized and of short duration.
The entire project area is limited to the Jetty A area and its
immediate surroundings. Actions covered under the Authorization would
include installing a maximum of 24 piles for use as dolphins and a
maximum of 93 sections of Z or H piles for retention of rock fill over
17 days. The piles would be a maximum diameter of 24 inches and would
only be installed by vibratory driving method. The possibility exists
that smaller diameter piles may be used but for this analysis it is
assumed that 24 inch piles will be driven.
These localized and short-term noise exposures may cause brief
startle reactions or short-term behavioral modification by the animals.
These reactions and behavioral changes are expected to subside quickly
when the exposures cease. Moreover, the proposed mitigation and
monitoring measures are expected to reduce potential exposures and
behavioral modifications even further. Additionally, no important
feeding and/or reproductive areas for marine mammals are known to be
near the proposed action area. Therefore, the take resulting from the
proposed project is not reasonably expected to and is not reasonably
likely to adversely affect the marine mammal species or stocks through
effects on annual rates of recruitment or survival.
The project also is not expected to have significant adverse
effects on affected marine mammals' habitat, as analyzed in detail in
the ``Anticipated Effects on Marine Mammal Habitat'' section. The
project activities would not modify existing marine mammal habitat. The
activities may cause some fish to leave the area of disturbance, thus
temporarily impacting marine mammals' foraging opportunities in a
limited portion of the foraging range; but, because of the short
duration of the activities and the relatively small area of the habitat
that may be affected, the impacts to marine mammal habitat are not
expected to cause significant or long-term negative consequences.
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 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. Level B harassment will be reduced to
the level of least practicable impact through use of mitigation
measures described herein and, if sound produced by project activities
is sufficiently disturbing, animals are likely to simply avoid the
project area while the activity is occurring.
In summary, this negligible impact analysis is founded on the
following factors: (1) The possibility of 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 finds that the total marine mammal take from
the Corps' rehabilitation of Jetty A at MCR will have a negligible
impact on the affected marine mammal species or stocks.

Table 4--Estimated Percentage of Species/Stocks That May Be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
Total proposed
Species authorized Abundance Percentage of
takes total stock
----------------------------------------------------------------------------------------------------------------
Killer whale (Western transient stock).......................... 8 243 3.2
Gray whale (Eastern North Pacific Stock)........................ 4 18,017 <0.01
Harbor porpoise................................................. 850 21,487 3.9

[[Page 53786]]

Steller sea lion................................................ 12,750 63,160-78,198 20.2-16.3-1.0
California sea lion............................................. 2,788 296,750 0.01
Harbor seal..................................................... 493 24,732 2.0
----------------------------------------------------------------------------------------------------------------

Small Numbers Analysis

Table 4 illustrates the number of animals that could be exposed to
received noise levels that could cause Level B behavioral harassment
for the proposed work associated with the rehabilitation of Jetty A at
MCR. The analyses provided above represents between <0.01%--20.9% of
the populations of these stocks that could be affected by Level B
behavioral 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 occurring in
the vicinity of Jetty A, there will almost certainly be overlap in
individuals present day-to-day, and these takes are likely to occur
only within some small portion of the overall regional stock.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, which are expected to reduce the number of marine mammals
potentially affected by the proposed action, NMFS finds that small
numbers of marine mammals will be taken relative to the populations of
the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence
Uses

There are no subsistence uses of marine mammals in the proposed
project area; and, thus, no subsistence uses impacted by this action.

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)

The Corps issued the Final Environmental Assessment Columbia River
at the Mouth, Oregon and Washington Rehabilitation of the Jetty System
at the Mouth of the Columbia River and Finding of No Significant Impact
in 2011. The environmental assessment (EA) and finding of no
significant interest (FONSI) were revised in 2012 with a FONSI being
signed on July 26, 2012. NMFS has adopted the findings of the 2012
FONSI.

Authorization

As a result of these determinations, we have issued an IHA to the
Corps for conducting the described activities related to the
rehabilitation of Jetty A at the MCR from May 1, 2016 through April 30,
2017 provided the previously described mitigation, monitoring, and
reporting requirements are incorporated.

Dated: September 1, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2015-22069 Filed 9-4-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53779

Potential Effects of the Specified Take by Incidental Harassment’’). ZOIs occur upon sighting of a marine
Activity on Marine Mammals are often used to establish a mitigation mammal (or in anticipation of an animal
zone around each pile (when deemed entering the defined area), thus
The Federal Register notice of
practicable) to prevent Level A preventing injury of marine mammals.
proposed authorization (80 FR 43739),
harassment to marine mammals, and The estimated shutdown zone for Level
incorporated here by reference, provides
also provide estimates of the areas A injury to cetaceans would be 1 meter.
a general background on sound relevant
within which Level B harassment might The Corps, however, would implement
to the specified activity as well as a
occur. ZOIs may vary between different a minimum shutdown zone of 10 m
detailed description of marine mammal
diameter piles and types of installation radius for all marine mammals around
hearing and of the potential effects of
methods. The Corps will employ the all vibratory pile driving and removal
these construction activities on marine
following mitigation measures: activities. These precautionary measures
mammals. (a) Conduct briefings between are intended to further reduce the
Anticipated Effects on Habitat construction supervisors and crews, unlikely possibility of injury from direct
marine mammal monitoring team, and physical interaction with construction
We described potential impacts to the Corps’ staff prior to the start of all
marine mammal habitat in detail in our operations.
pile driving activity, and when new
Federal Register notice of proposed personnel join the work, in order to Disturbance Zone—Disturbance zones
authorization. In summary, the project explain responsibilities, communication are the areas in which sound pressure
activities would not modify existing procedures, marine mammal monitoring levels (SPLs) equal or exceed 120 dB
marine mammal habitat. The activities protocol, and operational procedures. rms (for continuous sound) for pile
may cause some fish to leave the area (b) For in-water heavy machinery driving installation and removal.
of disturbance, thus temporarily work other than pile driving (using, e.g., Disturbance zones provide utility for
impacting marine mammals’ foraging standard barges, tug boats, barge- monitoring conducted for mitigation
opportunities in a limited portion of the mounted excavators, or clamshell purposes (i.e., shutdown zone
foraging range. Because of the short equipment used to place or remove monitoring) by establishing monitoring
duration of the activities and the material), if a marine mammal comes protocols for areas adjacent to the
relatively small area of the habitat that within 10 m, operations shall cease and shutdown zones. Monitoring of
may be affected, the impacts to marine vessels shall reduce speed to the disturbance zones enables observers to
mammal habitat are not expected to minimum level required to maintain be aware of and communicate the
cause significant or long-term negative steerage and safe working conditions. presence of marine mammals in the
consequences for individual marine This type of work could include the project area but outside the shutdown
mammals or their populations following activities: (1) Movement of the zone and thus prepare for potential
barge to the pile location or (2) shutdowns of activity. However, the
Mitigation
positioning of the pile on the substrate primary purpose of disturbance zone
In order to issue an IHA under section via a crane (i.e., stabbing the pile). monitoring is for documenting incidents
101(a)(5)(D) of the MMPA, NMFS must of Level B harassment. Nominal radial
set forth the permissible methods of Monitoring and Shutdown for Pile distances for disturbance zones are
taking pursuant to such activity, ‘‘and Driving shown in Table 2. The shutdown zone
other means of effecting the least The following measures apply to the for Level B injury wound extend 7,356
practicable impact on such species or Corps’ mitigation through shutdown meters from the sound source. Given the
stock and its habitat, paying particular and disturbance zones: size of the disturbance zone for
attention to rookeries, mating grounds, Shutdown Zone—For all pile driving vibratory pile driving, it is impossible to
and areas of similar significance, and on activities, the Corps will establish a guarantee that all animals would be
the availability of such species or stock shutdown zone. Shutdown zones are observed or to make comprehensive
for taking’’ for certain subsistence uses. intended to contain the area in which observations of fine-scale behavioral
Measurements from similar pile SPLs equal or exceed the 180/190 dB reactions to sound. We discuss
driving events were coupled with rms acoustic injury criteria, with the monitoring objectives and protocols in
practical spreading loss to estimate purpose being to define an area within greater depth in ‘‘Monitoring and
zones of influence (ZOI; see ‘‘Estimated which shutdown of activity would Reporting.’’

TABLE 2—CALCULATED AREA ENCOMPASSED WITHIN ZONE OF INFLUENCE AT MCR JETTIES FOR UNDERWATER MARINE
MAMMAL SOUND THRESHOLDS AT JETTY A
Area excluding land & jetty
Jetty Underwater threshold Distance—m (mi) masses—km2 (mi2)

Jetty A: ∼ Station 78+50, River Side .......... Vibratory driving, pinniped injury (190 dB) 0 ..................................... 0
Vibratory driving, cetacean injury (180 dB) 1 (3.3) ............................ <0.000003 (0.000001)
Vibratory driving, disturbance (120 dB) ...... 7,356 (4.6 miles) ............ 23.63 (9.12)
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Time Restrictions—Work would occur after May 1. Installation could occur pile being driven, is known from a GPS.
only during daylight hours, when visual from May 1 through September 30 each The location of the animal is estimated
monitoring of marine mammals can be year. as a distance from the observer, which
conducted. In order minimize impact to In order to document observed is then compared to the location from
Southern resident killer whales, in- incidents of harassment, observers the pile and the estimated ZOIs for
water work will not be conducted record all marine mammal observations, relevant activities (i.e., pile installation
during their primary feeding season regardless of location. The observer’s and removal). This information may
extending from October 1 until on or location, as well as the location of the then be used to extrapolate observed

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53780 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices

takes to reach an approximate (a) Visual acuity in both eyes observed within the designated marine
understanding of actual total takes. (correction is permissible) sufficient for mammal shutdown zone during or 30
Soft Start—The use of a soft start discernment of moving targets at the minutes prior to pile driving, the
procedure is believed to provide water’s surface with ability to estimate monitors will notify the on-site
additional protection to marine target size and distance; use of construction manager to not begin until
mammals by warning or providing a binoculars may be necessary to correctly the animal has moved outside the
chance to leave the area prior to the identify the target; designated radius.
hammer operating at full capacity, and (b) Advanced education in biological If any marine mammal species are
typically involves a requirement to science or related field (undergraduate encountered during activities that are
initiate sound from the hammer at degree or higher required); not listed in Table 1 for authorized
reduced energy followed by a waiting (c) Experience and ability to conduct taking and are likely to be exposed to
period. This procedure is repeated two field observations and collect data sound pressure levels (SPLs) greater
additional times. It is difficult to specify according to assigned protocols (this than or equal to 120 dB re 1mPa (rms),
the reduction in energy for any given may include academic experience); then the Holder of this Authorization
hammer because of variation across (d) Experience or training in the field must stop pile driving activities and
drivers. The project will utilize soft start identification of marine mammals, report observations to NMFS’ Office of
techniques for all vibratory pile driving. including the identification of Protected Resources at (301) 847–8401.
We require the Corps to initiate sound behaviors; If a marine mammal approaches or
from vibratory hammers for fifteen (e) Sufficient training, orientation, or enters the shutdown zone during the
seconds at reduced energy followed by experience with the construction course of vibratory pile driving
a thirty-second waiting period, with the operation to provide for personal safety operations, activity will be halted and
procedure repeated two additional during observations; delayed until the animal has voluntarily
times. Soft start will be required at the (f) Writing skills sufficient to prepare left and been visually confirmed beyond
beginning of each day’s pile driving a report of observations including but the shutdown zone. If a marine mammal
work and at any time following a not limited to the number and species is seen above water and then dives
cessation of pile driving of 20 minutes of marine mammals observed; dates and below, the contractor would wait 15
or longer. times when in-water construction minutes for pinnipeds and 30 minutes
activities were conducted; dates and for cetaceans. If no marine mammals are
Monitoring times when in-water construction seen by the observer in that time it will
Monitoring Protocols—Monitoring activities were suspended to avoid be assumed that the animal has moved
would be conducted before, during, and potential incidental injury from beyond the exclusion zone.
after pile driving. In addition, observers construction sound of marine mammals Monitoring will be conducted
shall record all incidents of marine observed within a defined shutdown throughout the time required to drive a
mammal occurrence, regardless of zone; and marine mammal behavior; pile.
distance from activity, and shall and (3) Marine mammal presence within
document any behavioral reactions in (g) Ability to communicate orally, by the Level B harassment zone will be
concert with distance from piles being radio or in person, with project monitored, but vibratory driving will
driven. Observations made outside the personnel to provide real-time not be stopped if marine mammals are
shutdown zone will not result in information on marine mammals found to be present. Any marine
shutdown and that pile segment would observed in the area as necessary. mammal documented within the Level
be completed without cessation, unless (2) Prior to the start of pile driving B harassment zone during vibratory
the animal approaches or enters the activity, the shutdown zone will be driving would constitute a Level B take
shutdown zone, at which point all pile monitored for 30 minutes to ensure that (harassment), and will be recorded and
driving activities would be halted. it is clear of marine mammals. Pile reported as such.
Monitoring will take place from thirty driving will only commence once
minutes prior to initiation through observers have declared the shutdown Mitigation Conclusions
thirty minutes post-completion of pile zone clear of marine mammals; animals We have carefully evaluated the
driving activities. Pile driving activities will be allowed to remain in the Corps’ proposed mitigation measures
include the time to remove a single pile shutdown zone (i.e., must leave of their and considered their effectiveness in
or series of piles, as long as the time own volition) and their behavior will be past implementation to determine
elapsed between uses of the pile driving monitored and documented. The whether they are likely to effect the least
equipment is no more than thirty shutdown zone may only be declared practicable impact on the affected
minutes. clear, and pile driving started, when the marine mammal species and stocks and
The following additional measures entire shutdown zone is visible (i.e., their habitat. Our evaluation of potential
apply to visual monitoring: when not obscured by dark, rain, fog, measures included consideration of the
(1) Monitoring will be conducted by etc.). following factors in relation to one
qualified observers, who will be placed If waters exceed a sea-state which another: (1) The manner in which, and
at the best vantage point(s) practicable restricts the observers’ ability to make the degree to which, the successful
to monitor for marine mammals and observations within the marine mammal implementation of the measure is
implement shutdown/delay procedures shutdown zone (e.g. excessive wind or expected to minimize adverse impacts
when applicable by calling for the fog), pile installation will cease. Pile to marine mammals, (2) the proven or
asabaliauskas on DSK5VPTVN1PROD with NOTICES

shutdown to the hammer operator. One driving will not be initiated until the likely efficacy of the specific measure to
observer will be placed on or near the entire shutdown zone is visible. minimize adverse impacts as planned;
drilling rig near Jetty A while a second The waters will be scanned 30 and (3) the practicability of the measure
observer will be stationed on the minutes prior to commencing pile for applicant implementation.
opposite side of the observable zone of driving at the beginning of each day, Any mitigation measure(s) we
influence on Clatsop Spit. Qualified and prior to commencing pile driving prescribe should be able to accomplish,
observers are trained biologists, with the after any stoppage of 30 minutes or have a reasonable likelihood of
following minimum qualifications: greater. If marine mammals enter or are accomplishing (based on current

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Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53781

science), or contribute to the necessary monitoring and reporting that • During vibratory pile driving, the
accomplishment of one or more of the will result in increased knowledge of area within 10 meters of pile driving
general goals listed below: the species and of the level of taking or activity will be monitored and
(1) Avoidance or minimization of impacts on populations of marine maintained as a marine mammal buffer
injury or death of marine mammals mammals that are expected to be area in which pile installation will not
wherever possible (goals 2, 3, and 4 may present in the proposed action area. commence or will be suspended
contribute to this goal). Any monitoring requirement we temporarily if any marine mammals are
(2) A reduction in the number (total prescribe should improve our observed within or approaching the area
number or number at biologically understanding of one or more of the of potential disturbance. The Level B
important time or location) of following: harassment area will be monitored by 2
individual marine mammals exposed to (1) An increase in the probability of observers at locations listed above. The
stimuli expected to result in incidental detecting marine mammals, both within monitoring staff will record any
take (this goal may contribute to 1, the mitigation zone (thus allowing for presence of marine mammals by
above, or to reducing takes by more effective implementation of the species, will document any behavioral
behavioral harassment only). mitigation) and in general to generate responses noted, and record Level B
(3) A reduction in the number (total more data to contribute to the analyses takes when sightings overlap with pile
number or number at biologically mentioned below; installation activities.
important time or location) of times any (2) An increase in our understanding • The individuals will scan the
individual marine mammal would be of how many marine mammals are waters within each monitoring zone
exposed to stimuli expected to result in likely to be exposed to levels of pile activity using binoculars (Vector 10X42
incidental take (this goal may contribute driving that we associate with specific or equivalent), spotting scopes
to 1, above, or to reducing takes by adverse effects, such as behavioral (Swarovski 20–60 zoom or equivalent),
behavioral harassment only). harassment, TTS, or PTS; and visual observation.
(4) A reduction in the intensity of • The area within which the Level B
(3) An increase in our understanding
exposure to stimuli expected to result in harassment thresholds could be
of how marine mammals respond to
incidental take (this goal may contribute exceeded during vibratory pile driving
stimuli expected to result in take and
to 1, above, or to reducing the severity will be monitored for the presence of
how anticipated adverse effects on
of behavioral harassment only). marine mammals. Marine mammal
(5) Avoidance or minimization of individuals (in different ways and to
varying degrees) may impact the presence within these zones, if any, will
adverse effects to marine mammal
population, species, or stock be monitored but pile driving activity
habitat, paying particular attention to
(specifically through effects on annual will not be stopped if marine mammals
the prey base, blockage or limitation of
rates of recruitment or survival) through were found to be present. Any marine
passage to or from biologically
any of the following methods: mammal documented within the Level
important areas, permanent destruction
of habitat, or temporary disturbance of D Behavioral observations in the B harassment zone will constitute a
presence of stimuli compared to Level B take, and will be recorded and
habitat during a biologically important
observations in the absence of stimuli used to document the number of take
time.
(6) For monitoring directly related to (need to be able to accurately predict incidents.
mitigation, an increase in the received level, distance from source, • If waters exceed a sea-state which
probability of detecting marine and other pertinent information); restricts the observers’ ability to make
mammals, thus allowing for more D Physiological measurements in the observations within the marine mammal
effective implementation of the presence of stimuli compared to buffer zone (e.g. excessive wind or fog),
mitigation. observations in the absence of stimuli pile installation will cease until
Based on our evaluation of the Corps’ (need to be able to accurately predict conditions allow the resumption of
proposed measures, including received level, distance from source, monitoring.
information from monitoring of and other pertinent information); • The waters will be scanned for 30
implementation of mitigation measures D Distribution and/or abundance minutes before, during, and 30 minutes
very similar to those described here comparisons in times or areas with after any and all pile driving and
under previous IHAs from other marine concentrated stimuli versus times or removal activities.
construction projects, we have areas without stimuli; • If marine mammals enter or are
determined that the proposed mitigation (4) An increased knowledge of the observed within the designated marine
measures provide the means of effecting affected species; and mammal buffer zone (10 m) during or 30
the least practicable impact on marine (5) An increase in our understanding minutes prior to pile driving, the
mammal species or stocks and their of the effectiveness of certain mitigation monitors will notify the on-site
habitat, paying particular attention to and monitoring measures. construction manager to not begin until
rookeries, mating grounds, and areas of The Corps consulted with NMFS to the animal has moved outside the
similar significance. create a marine mammal monitoring designated radius.
plan as part of the IHA application for • If a marine mammal approaches the
Monitoring and Reporting this project. shutdown zone prior to initiation of pile
In order to issue an IHA for an driving, the Corps cannot commence
activity, section 101(a)(5)(D) of the Visual Marine Mammal Observations activities until the marine mammal (a)
asabaliauskas on DSK5VPTVN1PROD with NOTICES

MMPA states that NMFS must set forth • Two individuals meeting the is observed to have left the Level A
‘‘requirements pertaining to the minimum qualifications previously harassment zone or (b) has not been
monitoring and reporting of such identified will monitor the marine seen or otherwise detected within the
taking’’. The MMPA implementing mammal buffer area and Level B Level A harassment zone for 30
regulations at 50 CFR 216.104 (a)(13) harassment zones during vibratory pile. minutes.
indicate that requests for incidental take Monitors will be stationed on the • The waters will continue to be
authorizations must include the drilling rig or Jetty A as well as on scanned for at least 30 minutes after pile
suggested means of accomplishing the Clatsop Spit. driving has completed each day, and

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53782 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices

after each stoppage of 30 minutes or the potential to disturb a marine proposed authorization (80 FR 43739;
greater. mammal or marine mammal stock in the July 23, 2015).
wild by causing disruption of behavioral Table 2 above illustrated that during
Data Collection
patterns, including, but not limited to, vibratory driving the120 dB Level B
We require that observers use migration, breathing, nursing, breeding, harassment threshold could be exceeded
approved data forms. Among other feeding, or sheltering [Level B at 7,356 meters. Note that the actual area
pieces of information, the Corps will harassment].’’ ensonified by pile driving activities is
record detailed information about any All anticipated takes would be by significantly constrained by local
implementation of shutdowns, Level B harassment resulting from topography relative to the identified
including the distance of animals to the vibratory pile driving/removal and threshold radii.
pile and description of specific actions involving temporary changes in The method used for calculating
that ensued and resulting behavior of behavior. Injurious or lethal takes are potential exposures to vibratory pile
the animal, if any. In addition, the Corps not expected due to the expected source driving noise for each threshold was
will attempt to distinguish between the levels and sound source characteristics estimated using local marine mammal
number of individual animals taken and associated with the activity, and the data sets, the Biological Opinion, best
the number of incidents of take. We planned mitigation and monitoring professional judgment from state and
require that, at a minimum, the measures are expected to further federal agencies, and data from IHA
following information be collected on minimize the possibility of such take. estimates on similar projects with
the sighting forms: Given the many uncertainties in similar actions. All estimates are
• Date and time that monitored predicting the quantity and types of conservative and include the following
activity begins or ends; impacts of sound in every given assumptions:
• Construction activities occurring situation on marine mammals, it is • During construction, each species
during each observation period; common practice to estimate how many could be present in the project area each
• Weather parameters (e.g., percent animals are likely to be present within day. The potential for a take is based on
cover, visibility); a particular distance of a given activity, a 24-hour period. The model assumes
• Water conditions (e.g., sea state, or exposed to a particular level of that there can be one potential take
tide state); sound, based on the available science. (Level B harassment exposure) per
• Species, numbers, and, if possible, This practice potentially
individual per 24-hours.
sex and age class of marine mammals; overestimates the numbers of marine
• All pilings installed at each site
• Description of any observable mammals taken for stationary activities,
would have an underwater noise
marine mammal behavior patterns, as it is likely that some smaller number
disturbance equal to the piling that
including bearing and direction of travel of individuals may accrue a number of
causes the greatest noise disturbance
and distance from pile driving activity; incidences of harassment per individual
(i.e., the piling furthest from shore)
• Distance from pile driving activities than for each incidence to accrue to a
installed with the method that has the
to marine mammals and distance from new individual, especially if those
individuals display some degree of largest ZOI. The largest underwater
the marine mammals to the observation disturbance ZOI would be produced by
point; residency or site fidelity and the
vibratory driving steel piles. The ZOIs
• Locations of all marine mammal impetus to use the site (e.g., because of
foraging opportunities) is stronger than for each threshold are not spherical and
observations; and
are truncated by land masses which
• Other human activity in the area. the deterrence presented by the
harassing activity. would dissipate sound pressure waves.
Reporting The Corps requested authorization for • Exposures were based on an
The Corps will notify NMFS prior to the incidental taking of small numbers estimated 17 days of in-water work.
the initiation of the pile driving of killer whale, Gray whale, harbor In absence of site specific underwater
activities. The Corps will provide NMFS porpoise, Steller sea lion, California sea acoustic propagation modeling, the
with a draft monitoring report within 90 lion, and harbor seal near the MCR practical spreading loss model was used
days of the conclusion of the proposed project area that may result from to determine the ZOI.
construction work. This report will vibratory pile driving and removal Southern resident killer whales have
detail the monitoring protocol, during construction activities associated been observed offshore near the study
summarize the data recorded during with the rehabilitation of Jetty A at the area and ZOI, but the Corps does not
monitoring, and estimate the number of MCR. have fine-scale details on frequency of
marine mammals that may have been In order to estimate the potential use. While killer whales do occur in the
harassed. If no comments are received incidents of take that may occur Columbia River plume, where fresh
from NMFS within 30 days, the draft incidental to the specified activity, we water from the river intermixes with salt
final report will constitute the final must first estimate the extent of the water from the ocean, they are rarely
report. If comments are received, a final sound field that may be produced by the seen in the interior of the Columbia
report must be submitted within 30 days activity and then consider in River Jetty system. The ensonified area
after receipt of comments. combination with information about associated with the proposed action at
marine mammal density or abundance Jetty A does not extend out into the
Estimated Take by Incidental in the project area. We provided open ocean where killer whales are
Harassment detailed information on applicable likely to be found. Furthermore, the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Except with respect to certain sound thresholds for determining effects Corps has limited its pile installation
activities not pertinent here, section to marine mammals as well as window in order to avoid peak salmon
3(18) of the MMPA defines describing the information used in runs and any overlap with the presence
‘‘harassment’’ as: ‘‘. . . any act of estimating the sound fields, the of Southern residents. To ensure no
pursuit, torment, or annoyance which (i) available marine mammal density or Level B acoustical harassment occurs,
has the potential to injure a marine abundance information, and the method the Corps will restrict pile installation
mammal or marine mammal stock in the of estimating potential incidences of from October 1 until April 30 of each
wild [Level A harassment]; or (ii) has take, in our Federal Register notice of season. However, this restriction was

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Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53785

previously, have the potential to disturb expected to subside quickly when the locations, which have taken place with
or displace marine mammals. exposures cease. Moreover, the no reported injuries or mortality to
Specifically, the planned activities may proposed mitigation and monitoring marine mammals, and no known long-
result in take, in the form of Level B measures are expected to reduce term adverse consequences from
harassment (behavioral disturbance) potential exposures and behavioral behavioral harassment. Repeated
only, from underwater sounds generated modifications even further. exposures of individuals to levels of
from pile driving. Potential takes could Additionally, no important feeding and/ sound that may cause Level B
occur if individuals of these species are or reproductive areas for marine harassment are unlikely to result in
present in the ensonified zone when mammals are known to be near the hearing impairment or to significantly
pile driving is happening. proposed action area. Therefore, the disrupt foraging behavior. Thus, even
No injury, serious injury, or mortality take resulting from the proposed project repeated Level B harassment of some
is anticipated given the nature of the is not reasonably expected to and is not small subset of the overall stock is
activity and measures designed to reasonably likely to adversely affect the unlikely to result in any significant
minimize the possibility of injury to marine mammal species or stocks realized decrease in fitness for the
marine mammals. The potential for through effects on annual rates of affected individuals, and thus would
these outcomes is minimized through recruitment or survival. not result in any adverse impact to the
the construction method and the The project also is not expected to stock as a whole. Level B harassment
implementation of the planned have significant adverse effects on will be reduced to the level of least
mitigation measures. Specifically, affected marine mammals’ habitat, as practicable impact through use of
vibratory hammers will be the only analyzed in detail in the ‘‘Anticipated mitigation measures described herein
method of installation utilized. No Effects on Marine Mammal Habitat’’ and, if sound produced by project
impact driving is planned. Vibratory section. The project activities would not activities is sufficiently disturbing,
driving does not have significant modify existing marine mammal habitat. animals are likely to simply avoid the
potential to cause injury to marine The activities may cause some fish to project area while the activity is
mammals due to the relatively low leave the area of disturbance, thus occurring.
source levels produced (site-specific temporarily impacting marine
mammals’ foraging opportunities in a In summary, this negligible impact
acoustic monitoring data show no
limited portion of the foraging range; analysis is founded on the following
source level measurements above 180
but, because of the short duration of the factors: (1) The possibility of injury,
dB rms) and the lack of potentially
activities and the relatively small area of serious injury, or mortality may
injurious source characteristics. The
the habitat that may be affected, the reasonably be considered discountable;
likelihood that marine mammal
impacts to marine mammal habitat are (2) the anticipated incidents of Level B
detection ability by trained observers is
not expected to cause significant or harassment consist of, at worst,
high under the environmental
long-term negative consequences. temporary modifications in behavior
conditions described for the
Effects on individuals that are taken and; (3) the presumed efficacy of the
rehabilitation of Jetty A at MCR further
by Level B harassment, on the basis of proposed mitigation measures in
enables the implementation of
reports in the literature as well as reducing the effects of the specified
shutdowns to avoid injury, serious
monitoring from other similar activities, activity to the level of least practicable
injury, or mortality.
The Corps’ proposed activities are will likely be limited to reactions such impact. In combination, we believe that
localized and of short duration. The as increased swimming speeds, these factors, as well as the available
entire project area is limited to the Jetty increased surfacing time, or decreased body of evidence from other similar
A area and its immediate surroundings. foraging (if such activity were occurring) activities, demonstrate that the potential
Actions covered under the (e.g., Thorson and Reyff, 2006; Lerma, effects of the specified activity will have
Authorization would include installing 2014). Most likely, individuals will only short-term effects on individuals.
a maximum of 24 piles for use as simply move away from the sound The specified activity is not expected to
dolphins and a maximum of 93 sections source and be temporarily displaced impact rates of recruitment or survival
of Z or H piles for retention of rock fill from the areas of pile driving, although and will therefore not result in
over 17 days. The piles would be a even this reaction has been observed population-level impacts.
maximum diameter of 24 inches and primarily only in association with Based on the analysis contained
would only be installed by vibratory impact pile driving. In response to herein of the likely effects of the
driving method. The possibility exists vibratory driving, pinnipeds (which specified activity on marine mammals
that smaller diameter piles may be used may become somewhat habituated to and their habitat, and taking into
but for this analysis it is assumed that human activity in industrial or urban consideration the implementation of the
24 inch piles will be driven. waterways) have been observed to orient proposed monitoring and mitigation
These localized and short-term noise towards and sometimes move towards measures, NMFS finds that the total
exposures may cause brief startle the sound. The pile driving activities marine mammal take from the Corps’
reactions or short-term behavioral analyzed here are similar to, or less rehabilitation of Jetty A at MCR will
modification by the animals. These impactful than, numerous construction have a negligible impact on the affected
reactions and behavioral changes are activities conducted in other similar marine mammal species or stocks.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

TABLE 4—ESTIMATED PERCENTAGE OF SPECIES/STOCKS THAT MAY BE EXPOSED TO LEVEL B HARASSMENT
Total proposed Percentage of
Species authorized Abundance total stock
takes

Killer whale (Western transient stock) ......................................................................................... 8 243 3.2
Gray whale (Eastern North Pacific Stock) ................................................................................... 4 18,017 <0.01
Harbor porpoise ........................................................................................................................... 850 21,487 3.9

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53786 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices

TABLE 4—ESTIMATED PERCENTAGE OF SPECIES/STOCKS THAT MAY BE EXPOSED TO LEVEL B HARASSMENT—Continued
Total proposed Percentage of
Species authorized Abundance total stock
takes

Steller sea lion ............................................................................................................................. 12,750 63,160–78,198 20.2–16.3–1.0
California sea lion ........................................................................................................................ 2,788 296,750 0.01
Harbor seal .................................................................................................................................. 493 24,732 2.0

Small Numbers Analysis Biological Opinion concluding that the directions (to/from) by the responsible
Table 4 illustrates the number of proposed action is not likely to origin/destination Joint Personal
animals that could be exposed to jeopardize the continued existence of Property Shipping Office (JPPSO) on the
received noise levels that could cause humpback whales and may affect, but is participating pilot lanes. The CONOPS
Level B behavioral harassment for the not likely to adversely affect Southern was developed utilizing general traffic
proposed work associated with the resident killer whales. management principles in concert with
rehabilitation of Jetty A at MCR. The the Defense Transportation Regulation
National Environmental Policy Act
analyses provided above represents (DTR) Part IV (DTR 4500.9R), and
(NEPA)
between <0.01%—20.9% of the Government household goods tariff
populations of these stocks that could The Corps issued the Final (400NG) (as amended).
be affected by Level B behavioral Environmental Assessment Columbia DATES: Comments must be received on
harassment. The numbers of animals River at the Mouth, Oregon and or before November 9, 2015.
authorized to be taken for all species Washington Rehabilitation of the Jetty
ADDRESSES: Do not submit comments
would be considered small relative to System at the Mouth of the Columbia
directly to the point of contact under
the relevant stocks or populations even River and Finding of No Significant
FOR FURTHER INFORMATION CONTACT or
if each estimated taking occurred to a Impact in 2011. The environmental
mail your comments to any address
new individual—an extremely unlikely assessment (EA) and finding of no
other than what is shown in this
scenario. For pinnipeds occurring in the significant interest (FONSI) were
section. Doing so will delay the posting
vicinity of Jetty A, there will almost revised in 2012 with a FONSI being
of the submission. You may submit
certainly be overlap in individuals signed on July 26, 2012. NMFS has
comments, identified by docket number
present day-to-day, and these takes are adopted the findings of the 2012 FONSI.
and title, by any of the following
likely to occur only within some small Authorization methods:
portion of the overall regional stock. As a result of these determinations, • Federal eRulemaking Portal: http://
Based on the analysis contained www.regulations.gov. Follow the
we have issued an IHA to the Corps for
herein of the likely effects of the instructions for submitting comments.
conducting the described activities
specified activity on marine mammals
related to the rehabilitation of Jetty A at • Mail: Department of Defense, Office
and their habitat, and taking into of the Deputy Chief Management
the MCR from May 1, 2016 through
consideration the implementation of the Officer, Directorate of Oversight and
April 30, 2017 provided the previously
mitigation and monitoring measures, Compliance, Regulatory and Audit
described mitigation, monitoring, and
which are expected to reduce the Matters Office, 9010 Defense Pentagon,
reporting requirements are incorporated.
number of marine mammals potentially Washington, DC 20301–9010.
affected by the proposed action, NMFS Dated: September 1, 2015. Instructions: All submissions received
finds that small numbers of marine Perry Gayaldo, must include the agency name and
mammals will be taken relative to the Deputy Director, Office of Protected docket number for this Federal Register
populations of the affected species or Resources, National Marine Fisheries Service. document. The general policy for
stocks. [FR Doc. 2015–22069 Filed 9–4–15; 8:45 am] comments and other submissions from
Impact on Availability of Affected BILLING CODE 3510–22–P members of the public is to make these
Species for Taking for Subsistence Uses submissions available for public
viewing on the Internet at http://
There are no subsistence uses of DEPARTMENT OF DEFENSE www.regulations.gov as they are
marine mammals in the proposed received without change, including any
project area; and, thus, no subsistence Office of the Secretary personal identifiers or contact
uses impacted by this action. information.
[Docket ID: DoD–2015–OS–0090]
Endangered Species Act (ESA) FOR FURTHER INFORMATION CONTACT: Mr.
There are two marine mammal Defense Personal Property Program Jim Teague, United States
species that are listed as endangered (DP3) Transportation Command, TCJ5/4–PI,
under the ESA with confirmed or AGENCY: United States Transportation 508 Scott Drive, Scott Air Force Base, IL
possible occurrence in the study area: Command (USTRANSCOM), DoD. 62225–5357; (618) 220–4803.
humpback whale and Southern resident SUPPLEMENTARY INFORMATION: The pilot
asabaliauskas on DSK5VPTVN1PROD with NOTICES

ACTION: Notice.
killer whale. For the purposes of this test CONOPS is available for review and
IHA, NMFS determined that take of SUMMARY: DoD has developed a Concept comment on the USTRANSCOM Web
Southern resident killer whales was of Operations (CONOPS) to test site at http://www.transcom.mil/dtr/
highly unlikely given the rare expansion of the personal property coord/coordpartivfrn.cfm. Request
occurrence of these animals in the volume move criteria to include select comments be submitted using the
project area. A similar conclusion was high-volume channel/traffic lanes. downloadable comment-matrix-format
reached for humpback whales. On Under the pilot test, personal property posted with the CONOPS. In
March 18, 2011, NMFS signed a shipments will be awarded both furtherance of DoD’s goal to develop

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Document Created: 2018-02-26 10:13:28
Document Modified: 2018-02-26 10:13:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; issuance of an incidental harassment authorization.
Dates		This authorization is effective from May 1, 2016 through April 30, 2017.
Contact		Robert Pauline, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		80 FR 53777
RIN Number		0648-XD97

80 FR 53777 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Rehabilitation of Jetty A at the Mouth of the Columbia River

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 173 (September 8, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration