80 FR 55598 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Wharf Recapitalization Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range		55598-55606
FR Document		2015-23174

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. Navy (Navy) to incidentally harass marine mammals during construction activities associated with a wharf recapitalization project at Naval Station Mayport, FL.

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)

[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55598-55606]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-23174]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE056

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to a Wharf Recapitalization Project

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. Navy (Navy) to incidentally harass marine mammals during
construction activities associated with a wharf recapitalization
project at Naval Station Mayport, FL.

DATES: This authorization is effective from September 8, 2015, through
September 7, 2016.

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

SUPPLEMENTARY INFORMATION:

Availability

An electronic copy of the Navy's 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. A memorandum describing our
adoption of the Navy's Environmental Assessment (2013) and our
associated Finding of No Significant Impact, prepared pursuant to the
National Environmental Policy Act, are also available at the same site.
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 by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified area, the incidental, but not intentional,
taking of small numbers of marine mammals, providing that certain
findings are made and the necessary prescriptions are established.
The incidental taking of small numbers of marine mammals may be
allowed only if NMFS (through authority delegated by the Secretary)
finds that the total taking by the specified activity during the
specified time period will (i) have a negligible impact on the species
or stock(s) and (ii) not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant). Further, the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such taking
must be set forth, either in specific regulations or in an
authorization.
The allowance of such incidental taking under section 101(a)(5)(A),
by harassment, serious injury, death, or a combination thereof,
requires that regulations be established. Subsequently, a Letter of
Authorization may be issued pursuant to the prescriptions established
in such regulations, providing that the level of taking will be
consistent with the findings made for the total taking allowable under
the specific regulations. Under section 101(a)(5)(D), NMFS may
authorize such incidental taking by harassment only, for periods of not
more than one year, pursuant to requirements and conditions contained
within an IHA. The establishment of prescriptions through either
specific regulations or an authorization requires notice and
opportunity for public comment.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . .
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' Except with respect to certain activities
not pertinent here, 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].''

Summary of Request

On January 28, 2015, we received a request from the Navy for
authorization to take marine mammals incidental to pile driving in
association with the Wharf C-2 recapitalization project at Naval
Station Mayport, Florida (NSM). That request was modified on April 17
and the Navy submitted a revised version of the request on July 24,
2015, which we deemed adequate and complete. In-water work associated
with the project is expected to be completed within the one-year
timeframe of the IHA.
The use of both vibratory and impact pile driving is expected to
produce underwater sound at levels that have the potential to result in
behavioral harassment of marine mammals. Two species of marine mammal
have the potential to be affected by the specified activities:
Bottlenose dolphin (Tursiops truncatus truncatus) and Atlantic spotted
dolphin (Stenella frontalis). These species may occur year-round in the
action area. However, we have determined that incidental take of
spotted dolphins is not reasonably likely and do not authorize such
take.
This is expected to be the second and final year of in-water work
associated with the Wharf C-2 project. This is the second such IHA,
following the IHA issued effective from September 1, 2014, through
August 31, 2015 (78 FR 71566; November 29, 2013). Please note that the
previous IHA was initially issued with effective dates from December 1,
2013, through November 30, 2014. However, no work was conducted during
this period and the effective dates were changed to those stated above
(79 FR 27863; May 15, 2014).

Description of the Specified Activity

Overview

Wharf C-2 is a single level, general purpose berthing wharf
constructed in 1960. The wharf is one of NSM's two primary deep-draft
berths and is one of the primary ordnance handling wharfs. The wharf is
a diaphragm steel sheet pile cell structure with a concrete apron,
partial concrete encasement of the piling and an asphalt paved deck.
The wharf is currently in poor condition due to advanced deterioration
of the steel

[[Page 55599]]

sheeting and lack of corrosion protection, and this structural
deterioration has resulted in the institution of load restrictions
within 60 ft of the wharf face. The purpose of this project is to
complete necessary repairs to Wharf C-2. Please refer to Appendix A of
the Navy's application for photos of existing damage and deterioration
at the wharf, and to Appendix B for a contractor schematic of the
project plan.

Dates and Duration

The total project was expected to require a maximum of fifty days
of in-water vibratory pile driving work over a twelve-month period,
with an additional twenty days of impact pile driving included in the
specified activity as a contingency for a total of seventy days in-
water pile driving. Based on work completed to date and in
consideration of the number of piles yet to be driven and pile
production rates to date, the Navy estimates that remaining work may
require 47 days in total.

Specific Geographic Region

NSM is located in northeastern Florida, at the mouth of the St.
Johns River and adjacent to the Atlantic Ocean (see Figures 2-1 and 2-2
of the Navy's application). The St. Johns River is the longest river in
Florida, with the final 35 mi flowing through the city of Jacksonville.
This portion of the river is significant for commercial shipping and
military use. At the mouth of the river, near the action area, the
Atlantic Ocean is the dominant influence and typical salinities are
above 30 ppm. Outside the river mouth, in nearshore waters, moderate
oceanic currents tend to flow southward parallel to the coast. Sea
surface temperatures range from around 16 [deg]C in winter to 28 [deg]C
in summer.
The specific action area consists of the NSM turning basin, an area
of approximately 2,000 by 3,000 ft containing ship berthing facilities
at sixteen locations along wharves around the basin perimeter. The
basin was constructed during the early 1940s by dredging the eastern
part of Ribault Bay (at the mouth of the St. Johns River), with dredge
material from the basin used to fill parts of the bay and other low-
lying areas in order to elevate the land surface. The basin is
currently maintained through regular dredging at a depth of 50 ft, with
depths at the berths ranging from 30-50 ft. The turning basin,
connected to the St. Johns River by a 500-ft-wide entrance channel,
will largely contain sound produced by project activities, with the
exception of sound propagating east into nearshore Atlantic waters
through the entrance channel (see Figure 2-2 of the Navy's
application). Wharf C-2 is located in the northeastern corner of the
Mayport turning basin.

Detailed Description of Activities

In order to rehabilitate Wharf C-2, the Navy plans to install a new
steel king pile/sheet pile (SSP) bulkhead, consisting of large vertical
king piles with paired steel sheet piles driven between and connected
to the ends of the king piles. Over the course of the entire project,
the Navy will install approximately 120 single sheet piles and 119 king
piles (all steel) to support the bulkhead wall, as well as fifty
polymeric (plastic) fender piles. The SSP wall is anchored at the top
and filled behind the wall before a concrete cap is formed along the
top and outside face to tie the entire structure together and provide a
berthing surface for vessels. The new bulkhead will be designed for a
fifty-year service life.
The most recent project update indicated that installation of
approximately seventy percent of steel piles (84 of 120 sheet piles and
81 of 119 king piles) has been completed. We include here as a
contingency the installation of 25 percent of steel piles. All fifty
plastic fender piles will be installed during the period of validity of
the IHA.
All piles will be driven by vibratory hammer, although impact pile
driving may be used as a contingency in cases when vibratory driving is
not sufficient to reach the necessary depth. In the unlikely event that
impact driving is required, either impact or vibratory driving could
occur on a given day, but concurrent use of vibratory and impact
drivers will not occur. Including the installation of 25 percent of
steel piles as a contingency, the Navy estimates that 47 in-water work
days may be required to complete pile driving activity, including ten
days for vibratory driving of plastic piles, seventeen days for
contingency vibratory driving of steel piles, and twenty days for
contingency impact driving, if necessary.

Comments and Responses

We published a notice of receipt of the Navy's application and
proposed IHA in the Federal Register on August 5, 2015 (80 FR 46545).
We received a letter from the Marine Mammal Commission, which provided
the following recommendation. In addition, we received a letter from
the U.S. Department of the Interior, stating they had no comments on
the proposed authorization.
Comment: The Commission recommends that we require the Navy to
conduct empirical sound measurements of installation of the polymeric
piles using a vibratory hammer and, opportunistically, of installation
of any other piles that are driven with an impact hammer on those days
that sound measurements of the polymeric piles are made.
Response: In the previous incidental harassment authorization, we
required the Navy to conduct empirical in-water and in-air sound
measurements of (1) installation of the various types of piles using a
vibratory and impact hammer and (2) ambient underwater sound. The Navy
collected empirical in-water and in-air data during vibratory pile
driving of the king and sheet piles. The polymeric piles have yet to be
installed, and impact driving was not necessary during the first year
of activities. The initial requirement was made under the expectation
that all work would be conducted within the one-year timeframe of that
IHA; however, project delays have forced the extension of work into a
second year, necessitating the Navy's request for a second IHA.
Both NMFS and the Navy place great value on site-specific acoustic
measurements to facilitate more accurate analyses of future projects.
However, the Navy's allocated funds for acoustic measurements at Wharf
C2 were necessarily spent in fulfillment of obligations under the Year
1 IHA. As described, all pile driving (including polymeric piles) was
intended to be accomplished during one year, but delays have resulted
in the extension of the project timeline. It is the Navy's intention to
gather acoustic measurements during polymeric pile driving for this
project and acoustic measurements of polymeric pile driving in Year 2
will be accomplished as circumstances permit. However, due to the
aforementioned funding limitations, we cannot include this as an IHA
requirement.

Description of Marine Mammals in the Area of the Specified Activity

There are four marine mammal species which may inhabit or transit
through the waters nearby NSM at the mouth of the St. Johns River and
in nearby nearshore Atlantic waters. These include the bottlenose
dolphin, Atlantic spotted dolphin, North Atlantic right whale
(Eubalaena glacialis), and humpback whale (Megaptera novaeangliae).
Multiple additional cetacean species occur in South Atlantic waters but
would not be expected to occur in shallow nearshore waters of the
action area. Table 1 lists the marine

[[Page 55600]]

mammal species with expected potential for occurrence in the vicinity
of NSM during the project timeframe 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. Please also refer to
NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized
species accounts and to the Navy's Marine Resource Assessment for the
Charleston/Jacksonville Operating Area, which documents and describes
the marine resources that occur in Navy operating areas of the
Southeast (DoN, 2008). The document is publicly available at
www.navfac.navy.mil/products_and_services/ev/products_and_services/marine_resources/marine_resource_assessments.html (accessed July 16,
2015). We provided additional information for marine mammals with
potential for occurrence in the area of the specified activity in our
Federal Register notice of proposed authorization (August 5, 2015; 80
FR 46545). For reasons discussed in detail in the notice of proposed
authorization, right whales and humpback whales are unlikely to occur
in the project area and are not considered further.

Table 1--Marine Mammals Potentially Present in the Vicinity of NSM
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Stock abundance (CV,
Species Stock ESA/MMPA status; Nmin, most recent PBR \3\ Annual M/ Relative occurrence;
Strategic (Y/N) \1\ abundance survey) \2\ SI \4\ season of occurrence
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Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
Family Balaenidae
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North Atlantic right whale......... Western North Atlantic E/D; Y 465 (n/a; 2013)....... 0.9 4.75 Rare inshore, regular
near/offshore; Nov-
Apr.
Humpback whale..................... Gulf of Maine......... E/D; Y 823 (n/a; 2008)....... 2.7 10.15 Rare; Fall-Spring.
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Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae
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Common bottlenose dolphin.......... Western North Atlantic -; N 77,532 (0.4; 56,053; 561 45.1 Rare; year-round.
Offshore. 2011).
Common bottlenose dolphin.......... Western North Atlantic -/D; Y 9,173 (0.46; 6,326; 63 2.6-16.5 Possibly common \7\;
Coastal, Southern 2010-11). Jan-Mar.
Migratory.
Common bottlenose dolphin.......... Western North Atlantic -/D; Y 1,219 (0.67; 730; 2010- 7 unk Possibly common \7\;
Coastal, Northern 11). year-round.
Florida.
Common bottlenose dolphin.......... Jacksonville Estuarine -; Y 412 \6\ (0.06; unk; undet. unk Possibly common \7\;
System \5\. 1994-97). year-round.
Atlantic spotted dolphin........... Western North Atlantic -; N 44,715 (0.43; 31,610; 316 0 Rare; year-round.
2011).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see
footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For killer whales, the
abundance values represent direct counts of individually identifiable animals; therefore there is only a single abundance estimate with no associated
CV. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is
reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).
\4\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value.
\5\ Abundance estimates for these stocks are greater than eight years old and are therefore not considered current. PBR is considered undetermined for
these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates
and PBR values, as these represent the best available information for use in this document.
\6\ This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals.
\7\ Bottlenose dolphins in general are common in the project area, but it is not possible to readily identify them to stock. Therefore, these three
stocks are listed as possibly common as we have no information about which stock commonly only occurs.

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

Our Federal Register notice of proposed authorization (August 5,
2015; 80 FR 46545) 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 and their habitat.

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); these

[[Page 55601]]

values were used to develop mitigation measures for pile driving
activities at NSM. The ZOIs effectively represent the mitigation zone
that will be established around each pile to prevent Level A harassment
to marine mammals, while providing estimates of the areas within which
Level B harassment might occur. In addition to the specific measures
described later in this section, the Navy will conduct briefings
between construction supervisors and crews, marine mammal monitoring
team, and Navy 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.

Monitoring and Shutdown for Pile Driving

The following measures will apply to the Navy's mitigation through
shutdown and disturbance zones:
Shutdown Zone--For all pile driving activities, the Navy will
establish a shutdown zone intended to contain the area in which SPLs
equal or exceed the 180 dB rms acoustic injury criteria. The purpose of
a shutdown zone is to define an area within which shutdown of activity
will occur upon sighting of a marine mammal (or in anticipation of an
animal entering the defined area), thus preventing injury of marine
mammals (as described previously, serious injury or death are unlikely
outcomes even in the absence of mitigation measures). Modeled radial
distances for shutdown zones are shown in Table 2. However, a minimum
shutdown zone of 15 m (which is larger than the maximum predicted
injury zone) will be established during all pile driving activities,
regardless of the estimated zone. Vibratory pile driving activities are
not predicted to produce sound exceeding the 180-dB Level A harassment
threshold, but these precautionary measures are intended to prevent the
already unlikely possibility of physical interaction with construction
equipment and to further reduce any possibility of acoustic injury. For
impact driving of steel piles, if necessary, the radial distance of the
shutdown will be established at 40 m.
Disturbance Zone--Disturbance zones are the areas in which SPLs
equal or exceed 160 and 120 dB rms (for impulse and continuous sound,
respectively). 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; disturbance zone
monitoring is discussed in greater detail later (see Monitoring and
Reporting). Nominal radial distances for disturbance zones are shown in
Table 2. 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, and only a portion of the zone (e.g., what may be
reasonably observed by visual observers stationed within the turning
basin) will be observed.
In order to document observed incidents of harassment, monitors
record all marine mammal observations, regardless of location. The
observer's location, as well as the location of the pile being driven,
is known from a GPS. The location of the animal is estimated as a
distance from the observer, which is then compared to the location from
the pile. It may then be estimated whether the animal was exposed to
sound levels constituting incidental harassment on the basis of
predicted distances to relevant thresholds in post-processing of
observational and acoustic data, and a precise accounting of observed
incidences of harassment created. This information may then be used to
extrapolate observed takes to reach an approximate understanding of
actual total takes.
Monitoring Protocols--Monitoring will be conducted before, during,
and after pile driving activities. In addition, observers shall record
all incidents of marine mammal occurrence, regardless of distance from
activity, and shall document any behavioral reactions in concert with
distance from piles being driven. Observations made outside the
shutdown zone will not result in shutdown; that pile segment will be
completed without cessation, unless the animal approaches or enters the
shutdown zone, at which point all pile driving activities will be
halted. Monitoring will take place from fifteen minutes prior to
initiation through thirty minutes post-completion of pile driving
activities. Pile driving activities include the time to install or
remove a single pile or series of piles, as long as the time elapsed
between uses of the pile driving equipment is no more than thirty
minutes. Please see the Monitoring Plan (www.nmfs.noaa.gov/pr/permits/incidental/construction.htm), developed by the Navy in agreement with
NMFS, for full details of the monitoring protocols.
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. Qualified observers
are typically trained biologists, with the following minimum
qualifications:
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;
Advanced education in biological science, wildlife
management, mammalogy, or related fields (bachelor's degree or higher
is required);
Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience);
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when in-water construction
activities were conducted; dates 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
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.
For this project, we waive the requirement for advanced education,
as the observers will be personnel hired by the engineering contractor
that may not have backgrounds in biological science or related fields.
These observers will be required to watch the Navy's Marine Species
Awareness Training video and shall receive training sufficient to
achieve all other qualifications listed above (where relevant).
(2) Prior to the start of pile driving activity, the shutdown zone
will be

[[Page 55602]]

monitored for fifteen minutes to ensure that it is clear of marine
mammals. Pile driving will only commence once observers have declared
the shutdown zone clear of marine mammals; animals will be allowed to
remain in the shutdown zone (i.e., must leave of their own volition)
and their behavior will be monitored and documented. The shutdown zone
may only be declared clear, and pile driving started, when the entire
shutdown zone is visible (i.e., when not obscured by dark, rain, fog,
etc.). In addition, if such conditions should arise during impact pile
driving that is already underway, the activity will be halted.
(3) If a marine mammal approaches or enters the shutdown zone
during the course of pile driving operations, activity will be halted
and delayed until either the animal has voluntarily left and been
visually confirmed beyond the shutdown zone or fifteen minutes have
passed without re-detection of the animal. Monitoring will be conducted
throughout the time required to drive a pile.

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 and, for
impact hammers, the actual number of strikes at reduced energy will
vary because operating the hammer at less than full power results in
``bouncing'' of the hammer as it strikes the pile, resulting in
multiple ``strikes.'' For impact driving, we require an initial set of
three strikes from the impact hammer at reduced energy, followed by a
thirty-second waiting period, then two subsequent three strike sets.
Soft start will be required at the beginning of each day's impact pile
driving work and at any time following a cessation of impact pile
driving of thirty minutes or longer.
We have carefully evaluated the Navy's 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 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 Navy's proposed measures, as well as
any other potential measures that may be relevant to the specified
activity, we have determined that the planned 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:
Occurrence of marine mammal species in action area (e.g.,
presence, abundance, distribution, density).
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
Affected species (e.g., life history, dive patterns); (3) Co-occurrence
of marine mammal species with the action; or (4) Biological or
behavioral context of exposure (e.g., age, calving or feeding areas).
Individual responses to acute stressors, or impacts of
chronic exposures (behavioral or physiological).
How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of an individual; or (2) Population,
species, or stock.
Effects on marine mammal habitat and resultant impacts to
marine mammals.
Mitigation and monitoring effectiveness.
The Navy's planned monitoring and reporting is also described in
their Marine Mammal Monitoring Plan, on the Internet at
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Visual Marine Mammal Observations

The Navy will collect sighting data and behavioral responses to
construction for marine mammal species observed in the region of
activity during the period of activity. All observers will be trained
in marine mammal identification and behaviors and are required to have
no other construction-related tasks while conducting monitoring. The
Navy will monitor the shutdown zone and disturbance zone before,
during, and

[[Page 55603]]

after pile driving, with observers located at the best practicable
vantage points. Based on our requirements, the Navy will implement the
following procedures for pile driving:
MMOs will be located at the best vantage point(s) in order
to properly see the entire shutdown zone and as much of the disturbance
zone as possible.
During all observation periods, observers will use
binoculars and the naked eye to search continuously for marine mammals.
If the shutdown zones are obscured by fog or poor lighting
conditions, pile driving at that location will not be initiated until
that zone is visible. Should such conditions arise while impact driving
is underway, the activity will be halted.
The shutdown and disturbance zones around the pile will be
monitored for the presence of marine mammals before, during, and after
any pile driving or removal activity.
Individuals implementing the monitoring protocol will assess its
effectiveness using an adaptive approach. Monitoring biologists will
use their best professional judgment throughout implementation and seek
improvements to these methods when deemed appropriate. Any
modifications to protocol will be coordinated between NMFS and the
Navy.

Data Collection

We require that observers use approved data forms. Among other
pieces of information, the Navy 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 Navy will attempt to
distinguish between the number of individual animals taken and the
number of incidences 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 if possible,
the correlation to SPLs;
Distance from pile driving activities to marine mammals
and distance from the marine mammals to the observation point;
Description of implementation of mitigation measures
(e.g., shutdown or delay);
Locations of all marine mammal observations; and
Other human activity in the area.

Reporting

A draft report will be submitted to NMFS within ninety days of the
completion of marine mammal monitoring, or sixty days prior to the
requested date of issuance of any future IHA for projects at the same
location, whichever comes first. The report will include marine mammal
observations pre-activity, during-activity, and post-activity during
pile driving days, and will also provide descriptions of any behavioral
responses to construction activities by marine mammals and a complete
description of all mitigation shutdowns and the results of those
actions and an extrapolated total take estimate based on the number of
marine mammals observed during the course of construction. A final
report must be submitted within thirty days following resolution of
comments on the draft report.

Monitoring Results From Previously Authorized Activities

The Navy complied with the mitigation and monitoring required under
the previous authorization for the Wharf C-2 project. Marine mammal
monitoring occurred before, during, and after each pile driving event.
During the course of these activities, the Navy did not exceed the take
levels authorized under the IHA. The Navy has summarized monitoring
results to date in their application, and the required monitoring
report is available to the public on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

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 and impact pile driving and involving temporary changes in
behavior. The planned mitigation and monitoring measures are expected
to minimize the possibility of injurious or lethal takes such that take
by Level A harassment, serious injury, or mortality is considered
discountable. However, it is unlikely that injurious or lethal takes
would occur even in the absence of the planned mitigation and
monitoring measures.
If a marine mammal responds to a stimulus by changing its behavior
(e.g., through relatively minor changes in locomotion direction/speed
or vocalization behavior), the response may or may not constitute
taking at the individual level, and is unlikely to affect the stock or
the species as a whole. However, if a sound source displaces marine
mammals from an important feeding or breeding area for a prolonged
period, impacts on animals or on the stock or species could potentially
be significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007). Given
the many uncertainties in predicting the quantity and types of impacts
of sound on marine mammals, it is common practice to estimate how many
animals are likely to be present within a particular distance of a
given activity, or exposed to a particular level of sound. In practice,
depending on the amount of information available to characterize daily
and seasonal movement and distribution of affected marine mammals, it
can be difficult to distinguish between the number of individuals
harassed and the instances of harassment and, when duration of the
activity is considered, it can result in a take estimate that
overestimates the number of individuals harassed. In particular, for
stationary activities, it is more 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 turning basin is not important habitat for marine mammals, as
it is a man-made, semi-enclosed basin with frequent industrial activity
and regular maintenance dredging. The small area of ensonification
extending out of the turning basin into nearshore waters is also not
believed to be of any particular importance, nor is it considered an
area frequented by marine mammals.

[[Page 55604]]

Bottlenose dolphins may be observed at any time of year in estuarine
and nearshore waters of the action area, but sightings of other species
are rare. Therefore, behavioral disturbances that could result from
anthropogenic sound associated with these activities are expected to
affect only a relatively small number of individual marine mammals,
although those effects could be recurring over the life of the project
if the same individuals remain in the project vicinity. The Navy has
requested authorization for the incidental taking of small numbers of
bottlenose dolphins in the Mayport turning basin and associated
nearshore waters that may result from pile driving during construction
activities associated with the project described previously in this
document.
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 described applicable sound thresholds
for determining effects to marine mammals before describing the
information used in estimating the sound fields, the available marine
mammal density or abundance information, and the method of estimating
potential incidents of take in detail in our Federal Register notice of
proposed authorization (August 5, 2015; 80 FR 46545). All calculated
distances to and the total area encompassed by the marine mammal sound
thresholds are provided in Table 2.

Table 2--Distances to Relevant Underwater Sound Thresholds and Areas of Ensonification
----------------------------------------------------------------------------------------------------------------
Area (sq km)
Pile type Method Threshold Distance (m) \1\
----------------------------------------------------------------------------------------------------------------
Steel (sheet and king piles)...... Vibratory............ Level A harassment n/a 0
(180 dB).
Level B harassment 7,356 2.9
(120 dB).
Impact............... Level A harassment 40 0.004
(180 dB).
Level B harassment 858 0.67
(160 dB).
Polymeric (plastic fender piles).. Vibratory............ Level A harassment n/a 0
(180 dB).
Level B harassment 1,585 0.88
(120 dB).
Impact............... Level A harassment n/a 0
(180 dB).
Level B harassment 3.4 0.00004
(160 dB).
----------------------------------------------------------------------------------------------------------------
\1\ Areas presented take into account attenuation and/or shadowing by land. Calculated distances to relevant
thresholds cannot be reached in most directions form source piles. Please see Figures 6-1 through 6-3 in the
Navy's application.

The Mayport turning basin does not represent open water, or free
field, conditions. Therefore, sounds would attenuate as per the
confines of the basin, and may only reach the full estimated distances
to the harassment thresholds via the narrow, east-facing entrance
channel. Distances shown in Table 2 are estimated for free-field
conditions, but areas are calculated per the actual conditions of the
action area. See Figures 6-1 through 6-3 of the Navy's application for
a depiction of areas in which each underwater sound threshold is
predicted to occur at the project area due to pile driving.

Marine Mammal Densities and Take Calculation

For all species, the best scientific information available was
considered for use in the marine mammal take assessment calculations.
Density value for the Atlantic spotted dolphin is from recent density
estimates produced by Roberts et al. (2015); we use the highest
relevant seasonal density value (spring). Density for bottlenose
dolphins is derived from site-specific surveys conducted by the Navy;
it is not currently possible to identify observed individuals to stock.
The following assumptions are made when estimating potential
incidents of take:
All marine mammal individuals potentially available are
assumed to be present within the relevant area, and thus incidentally
taken;
An individual can only be taken once during a 24-h period;
and,
There will be 27 total days of vibratory driving
(seventeen days for steel piles and ten days for plastic piles) and
twenty days of impact pile driving.
Exposures to sound levels at or above the relevant
thresholds equate to take, as defined by the MMPA.
The estimation of marine mammal takes typically uses the following
calculation:

Exposure estimate = (n * ZOI) * days of total activity

Where:

n = density estimate used for each species/season
ZOI = sound threshold ZOI area; the area encompassed by all
locations where the SPLs equal or exceed the threshold being
evaluated

n * ZOI produces an estimate of the abundance of animals that could
be present in the area for exposure, and is rounded to the nearest
whole number before multiplying by days of total activity.
The ZOI impact area is estimated using the relevant distances in
Table 2, taking into consideration the possible affected area with
attenuation due to the constraints of the basin. Because the basin
restricts sound from propagating outward, with the exception of the
east-facing entrance channel, the radial distances to thresholds are
not generally reached.
There are a number of reasons why estimates of potential incidents
of take may be conservative, assuming that available density or
abundance estimates and estimated ZOI areas are accurate. We assume, in
the absence of information supporting a more refined conclusion, that
the output of the calculation represents the number of individuals that
may be taken by the specified activity. In fact, in the context of
stationary activities such as pile driving and in areas where resident
animals may be present, this number more realistically represents the
number of incidents of take that may accrue to a smaller number of
individuals. While pile driving can occur any day throughout the in-
water work window, and the analysis is conducted on a per day basis,
only a fraction of that time (typically a matter of hours on any given
day) is actually spent pile driving. The potential effectiveness of
mitigation measures in reducing the number of takes is typically not
quantified in the take estimation process. For these reasons, these
take estimates may be conservative.
The quantitative exercise described above indicates that no
incidents of Level A harassment would be expected, independent of the
implementation of required mitigation measures. The

[[Page 55605]]

twenty days of contingency impact driving considered here could include
either steel or plastic piles on any of the days; because the ZOI for
impact driving of steel piles subsumes the ZOI for impact driving of
plastic piles, we consider only the former here. See Table 3 for total
estimated incidents of take.

Table 3--Calculations for Incidental Take Estimation
----------------------------------------------------------------------------------------------------------------
Total
Species n (animals/km Activity n * ZOI \1\ Authorized authorized
\2\) takes \2\ takes
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin........... 4.15366......... Impact driving 3 60 304 \3\
(steel).
Vibratory 12 204
driving
(steel).
Vibratory 4 40
driving
(plastic).
Atlantic spotted dolphin..... 0.005402 Impact driving 0 0 0
(spring). (steel).
Vibratory 0 0
driving
(steel).
Vibratory 0 0
driving
(plastic).
----------------------------------------------------------------------------------------------------------------
\1\ See Table 2 for relevant ZOIs. The product of this calculation is rounded to the nearest whole number.
\2\ The product of n * ZOI is multiplied by the total number of activity-specific days to estimate the number of
takes.
\3\ It is impossible to estimate from available information which stock these takes may accrue to.

Analyses and Determinations

Negligible Impact Analysis

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.'' 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, we consider other factors, such as the likely nature of any
responses (e.g., intensity, duration), the context of any responses
(e.g., critical reproductive time or location, migration), as well as
the number and nature of estimated Level A harassment takes, the number
of estimated mortalities, and effects on habitat.
Pile driving activities associated with the wharf construction
project, as outlined previously, have the potential to disturb or
displace marine mammals. Specifically, the specified activities may
result in take, in the form of Level 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 activities 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 primary method of installation (impact
driving is included only as a contingency and is not expected to be
required), and this activity does not have the potential to cause
injury to marine mammals due to the relatively low source levels
produced (less than 180 dB) and the lack of potentially injurious
source characteristics. Impact pile driving produces short, sharp
pulses with higher peak levels and much sharper rise time to reach
those peaks. If impact driving is necessary, implementation of soft
start and shutdown zones significantly reduces any possibility of
injury. Given sufficient ``notice'' through use of soft start (for
impact driving), marine mammals are expected to move away from a sound
source that is annoying prior to its becoming potentially injurious.
Environmental conditions in the confined and protected Mayport turning
basin mean that marine mammal detection ability by trained observers is
high, enabling a high rate of success in implementation of shutdowns to
avoid injury.
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; HDR, Inc., 2012). 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. The pile driving
activities analyzed here are similar to, or less impactful than,
numerous other construction activities conducted in San Francisco Bay
and in the Puget Sound region, 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 viability 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 turning basin 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; (3) the absence of any significant
habitat within the project area, including known areas or features of
special significance for foraging or reproduction; (4) the presumed
efficacy of the planned mitigation measures in reducing the effects of
the specified activity to the level of least practicable impact. In
addition, these stocks are not listed under the ESA, although coastal
bottlenose dolphins are designated as depleted under the MMPA. 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

[[Page 55606]]

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 planned monitoring and
mitigation measures, we find that the total marine mammal take from the
Navy's wharf construction activities will have a negligible impact on
the affected marine mammal species or stocks.

Small Numbers Analysis

As described previously, of the 304 incidents of behavioral
harassment predicted to occur for bottlenose dolphin, we have no
information allowing us to parse those predicted incidents amongst the
three stocks of bottlenose dolphin that may occur in the project area.
Therefore, we assessed the total number of predicted incidents of take
against the best abundance estimate for each stock, as though the total
would occur for the stock in question. For two of the bottlenose
dolphin stocks, the total predicted number of incidents of take
authorized would be considered small--approximately three percent for
the southern migratory stock and less than 25 percent for the northern
Florida coastal stock--even if each estimated taking occurred to a new
individual. This is an extremely unlikely scenario as, for bottlenose
dolphins in estuarine and nearshore waters, there is likely to be some
overlap in individuals present day-to-day.
The total number of authorized takes for bottlenose dolphins, if
assumed to accrue solely to new individuals of the JES stock, is higher
relative to the total stock abundance, which is currently considered
unknown. However, these numbers represent the estimated incidents of
take, not the number of individuals taken. That is, it is highly likely
that a relatively small subset of JES bottlenose dolphins would be
harassed by project activities. JES bottlenose dolphins range from
Cumberland Sound at the Georgia-Florida border south to approximately
Palm Coast, Florida, an area spanning over 120 linear km of coastline
and including habitat consisting of complex inshore and estuarine
waterways. JES dolphins, divided by Caldwell (2001) into Northern and
Southern groups, show strong site fidelity and, although members of
both groups have been observed outside their preferred areas, it is
likely that the majority of JES dolphins would not occur within waters
ensonified by project activities. Further, although the largest area of
ensonification is predicted to extend up to 7.5 km offshore from NSM,
estuarine dolphins are generally considered as restricted to inshore
waters and only 1-2 km offshore. In summary, JES dolphins are (1) known
to form two groups and exhibit strong site fidelity (i.e., individuals
do not generally range throughout the recognized overall JES stock
range); (2) would not occur at all in a significant portion of the
larger ZOI extending offshore from NSM; and (3) the specified activity
will be stationary within an enclosed basin not recognized as an area
of any special significance that would serve to attract or aggregate
dolphins. We therefore believe that the estimated numbers of takes,
were they to occur, likely represent repeated exposures of a much
smaller number of bottlenose dolphins and that these estimated
incidents of take represent small numbers of bottlenose dolphins.
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, we find 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 relevant subsistence uses of marine mammals implicated
by this action. Therefore, we have determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.

Endangered Species Act (ESA)

No marine mammal species listed under the ESA are expected to be
affected by these activities. Therefore, we have determined that
section 7 consultation under the ESA are not required.

National Environmental Policy Act (NEPA)

In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), the
Navy prepared an Environmental Assessment (EA) to consider the direct,
indirect and cumulative effects to the human environment resulting from
the pier maintenance project. NMFS made the Navy's EA available to the
public for review and comment, in relation to its suitability for
adoption by NMFS in order to assess the impacts to the human
environment of issuance of an IHA to the Navy. Also in compliance with
NEPA and the CEQ regulations, as well as NOAA Administrative Order 216-
6, NMFS has reviewed the Navy's EA, determined it to be sufficient, and
adopted that EA and signed a Finding of No Significant Impact (FONSI)
on November 20, 2013.
We have reviewed the Navy's application for a renewed IHA for
ongoing construction activities for 2015-16 and results of required
marine mammal monitoring. Based on that review, we have determined that
the proposed action is very similar to that considered in the previous
IHA. In addition, no significant new circumstances or information
relevant to environmental concerns have been identified. Thus, we have
determined that the preparation of a new or supplemental NEPA document
is not necessary, and, after review of public comments, reaffirm our
2013 FONSI. The 2013 NEPA documents are available for review at
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Authorization

As a result of these determinations, we have issued an IHA to the
Navy for conducting the described construction activities in Mayport,
FL, for one year from the date of issuance, provided the previously
described mitigation, monitoring, and reporting requirements are
incorporated.

Dated: September 9, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-23174 Filed 9-15-15; 8:45 am]
BILLING CODE 3510-22-P

55598 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

This information collection request Environmental Policy Act, are also mammal or marine mammal stock in the
may be viewed at reginfo.gov. Follow available at the same site. In case of wild [Level A harassment]; or (ii) has
the instructions to view Department of problems accessing these documents, the potential to disturb a marine
Commerce collections currently under please call the contact listed above (see mammal or marine mammal stock in the
review by OMB. FOR FURTHER INFORMATION CONTACT). wild by causing disruption of behavioral
Written comments and patterns, including, but not limited to,
Background
recommendations for the proposed migration, breathing, nursing, breeding,
information collection should be sent Sections 101(a)(5)(A) and (D) of the feeding, or sheltering [Level B
within 30 days of publication of this MMPA (16 U.S.C. 1361 et seq.) direct harassment].’’
notice to OIRA_Submission@ the Secretary of Commerce to allow,
upon request by U.S. citizens who Summary of Request
omb.eop.gov or fax to (202) 395–5806.
engage in a specified activity (other than On January 28, 2015, we received a
Dated: September 11, 2015.
commercial fishing) within a specified request from the Navy for authorization
Sarah Brabson, area, the incidental, but not intentional, to take marine mammals incidental to
NOAA PRA Clearance Officer. taking of small numbers of marine pile driving in association with the
[FR Doc. 2015–23256 Filed 9–15–15; 8:45 am] mammals, providing that certain Wharf C–2 recapitalization project at
BILLING CODE 3510–22–P findings are made and the necessary Naval Station Mayport, Florida (NSM).
prescriptions are established. That request was modified on April 17
The incidental taking of small and the Navy submitted a revised
DEPARTMENT OF COMMERCE numbers of marine mammals may be version of the request on July 24, 2015,
allowed only if NMFS (through which we deemed adequate and
National Oceanic and Atmospheric authority delegated by the Secretary)
Administration complete. In-water work associated with
finds that the total taking by the the project is expected to be completed
RIN 0648–XE056 specified activity during the specified within the one-year timeframe of the
time period will (i) have a negligible IHA.
Takes of Marine Mammals Incidental to impact on the species or stock(s) and (ii) The use of both vibratory and impact
Specified Activities; Taking Marine not have an unmitigable adverse impact pile driving is expected to produce
Mammals Incidental to a Wharf on the availability of the species or underwater sound at levels that have the
Recapitalization Project stock(s) for subsistence uses (where potential to result in behavioral
relevant). Further, the permissible harassment of marine mammals. Two
AGENCY: National Marine Fisheries methods of taking and requirements
Service (NMFS), National Oceanic and species of marine mammal have the
pertaining to the mitigation, monitoring potential to be affected by the specified
Atmospheric Administration (NOAA), and reporting of such taking must be set
Commerce. activities: Bottlenose dolphin (Tursiops
forth, either in specific regulations or in truncatus truncatus) and Atlantic
ACTION: Notice; issuance of an incidental an authorization.
harassment authorization. spotted dolphin (Stenella frontalis).
The allowance of such incidental
These species may occur year-round in
taking under section 101(a)(5)(A), by
SUMMARY: In accordance with the the action area. However, we have
harassment, serious injury, death, or a
regulations implementing the Marine determined that incidental take of
combination thereof, requires that
Mammal Protection Act (MMPA) as spotted dolphins is not reasonably
regulations be established.
amended, notification is hereby given likely and do not authorize such take.
Subsequently, a Letter of Authorization
that we have issued an incidental This is expected to be the second and
may be issued pursuant to the
harassment authorization (IHA) to the final year of in-water work associated
prescriptions established in such
U.S. Navy (Navy) to incidentally harass with the Wharf C–2 project. This is the
regulations, providing that the level of
marine mammals during construction second such IHA, following the IHA
taking will be consistent with the
activities associated with a wharf issued effective from September 1, 2014,
findings made for the total taking
recapitalization project at Naval Station through August 31, 2015 (78 FR 71566;
allowable under the specific regulations.
Mayport, FL. November 29, 2013). Please note that
Under section 101(a)(5)(D), NMFS may
DATES: This authorization is effective the previous IHA was initially issued
authorize such incidental taking by
from September 8, 2015, through with effective dates from December 1,
harassment only, for periods of not more
September 7, 2016. 2013, through November 30, 2014.
than one year, pursuant to requirements
FOR FURTHER INFORMATION CONTACT: Ben
However, no work was conducted
and conditions contained within an
Laws, Office of Protected Resources, during this period and the effective
IHA. The establishment of prescriptions
NMFS, (301) 427–8401. dates were changed to those stated
through either specific regulations or an
above (79 FR 27863; May 15, 2014).
SUPPLEMENTARY INFORMATION: authorization requires notice and
opportunity for public comment. Description of the Specified Activity
Availability NMFS has defined ‘‘negligible
An electronic copy of the Navy’s impact’’ in 50 CFR 216.103 as ‘‘. . . an Overview
application and supporting documents, impact resulting from the specified Wharf C–2 is a single level, general
as well as a list of the references cited activity that cannot be reasonably purpose berthing wharf constructed in
in this document, may be obtained by expected to, and is not reasonably likely 1960. The wharf is one of NSM’s two
asabaliauskas on DSK7TPTVN1PROD with NOTICES

visiting the Internet at: to, adversely affect the species or stock primary deep-draft berths and is one of
www.nmfs.noaa.gov/pr/permits/ through effects on annual rates of the primary ordnance handling wharfs.
incidental/construction.htm. A recruitment or survival.’’ Except with The wharf is a diaphragm steel sheet
memorandum describing our adoption respect to certain activities not pertinent pile cell structure with a concrete apron,
of the Navy’s Environmental here, section 3(18) of the MMPA defines partial concrete encasement of the
Assessment (2013) and our associated ‘‘harassment’’ as: ‘‘. . . any act of piling and an asphalt paved deck. The
Finding of No Significant Impact, pursuit, torment, or annoyance which (i) wharf is currently in poor condition due
prepared pursuant to the National has the potential to injure a marine to advanced deterioration of the steel

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Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55599

sheeting and lack of corrosion channel (see Figure 2–2 of the Navy’s Comment: The Commission
protection, and this structural application). Wharf C–2 is located in the recommends that we require the Navy to
deterioration has resulted in the northeastern corner of the Mayport conduct empirical sound measurements
institution of load restrictions within 60 turning basin. of installation of the polymeric piles
ft of the wharf face. The purpose of this using a vibratory hammer and,
Detailed Description of Activities opportunistically, of installation of any
project is to complete necessary repairs
to Wharf C–2. Please refer to Appendix In order to rehabilitate Wharf C–2, the other piles that are driven with an
A of the Navy’s application for photos Navy plans to install a new steel king impact hammer on those days that
of existing damage and deterioration at pile/sheet pile (SSP) bulkhead, sound measurements of the polymeric
the wharf, and to Appendix B for a consisting of large vertical king piles piles are made.
contractor schematic of the project plan. with paired steel sheet piles driven Response: In the previous incidental
between and connected to the ends of harassment authorization, we required
Dates and Duration the Navy to conduct empirical in-water
the king piles. Over the course of the
The total project was expected to entire project, the Navy will install and in-air sound measurements of (1)
require a maximum of fifty days of in- approximately 120 single sheet piles installation of the various types of piles
water vibratory pile driving work over a and 119 king piles (all steel) to support using a vibratory and impact hammer
twelve-month period, with an the bulkhead wall, as well as fifty and (2) ambient underwater sound. The
additional twenty days of impact pile polymeric (plastic) fender piles. The Navy collected empirical in-water and
driving included in the specified SSP wall is anchored at the top and in-air data during vibratory pile driving
activity as a contingency for a total of filled behind the wall before a concrete of the king and sheet piles. The
seventy days in-water pile driving. cap is formed along the top and outside polymeric piles have yet to be installed,
Based on work completed to date and in face to tie the entire structure together and impact driving was not necessary
consideration of the number of piles yet and provide a berthing surface for during the first year of activities. The
to be driven and pile production rates vessels. The new bulkhead will be initial requirement was made under the
to date, the Navy estimates that designed for a fifty-year service life. expectation that all work would be
remaining work may require 47 days in conducted within the one-year
The most recent project update
total. timeframe of that IHA; however, project
indicated that installation of
Specific Geographic Region approximately seventy percent of steel delays have forced the extension of
work into a second year, necessitating
NSM is located in northeastern piles (84 of 120 sheet piles and 81 of
the Navy’s request for a second IHA.
Florida, at the mouth of the St. Johns 119 king piles) has been completed. We
Both NMFS and the Navy place great
River and adjacent to the Atlantic Ocean include here as a contingency the value on site-specific acoustic
(see Figures 2–1 and 2–2 of the Navy’s installation of 25 percent of steel piles. measurements to facilitate more
application). The St. Johns River is the All fifty plastic fender piles will be accurate analyses of future projects.
longest river in Florida, with the final installed during the period of validity of However, the Navy’s allocated funds for
35 mi flowing through the city of the IHA. acoustic measurements at Wharf C2
Jacksonville. This portion of the river is All piles will be driven by vibratory were necessarily spent in fulfillment of
significant for commercial shipping and hammer, although impact pile driving obligations under the Year 1 IHA. As
military use. At the mouth of the river, may be used as a contingency in cases described, all pile driving (including
near the action area, the Atlantic Ocean when vibratory driving is not sufficient polymeric piles) was intended to be
is the dominant influence and typical to reach the necessary depth. In the accomplished during one year, but
salinities are above 30 ppm. Outside the unlikely event that impact driving is delays have resulted in the extension of
river mouth, in nearshore waters, required, either impact or vibratory the project timeline. It is the Navy’s
moderate oceanic currents tend to flow driving could occur on a given day, but intention to gather acoustic
southward parallel to the coast. Sea concurrent use of vibratory and impact measurements during polymeric pile
surface temperatures range from around drivers will not occur. Including the driving for this project and acoustic
16 °C in winter to 28 °C in summer. installation of 25 percent of steel piles measurements of polymeric pile driving
The specific action area consists of as a contingency, the Navy estimates in Year 2 will be accomplished as
the NSM turning basin, an area of that 47 in-water work days may be circumstances permit. However, due to
approximately 2,000 by 3,000 ft required to complete pile driving the aforementioned funding limitations,
containing ship berthing facilities at activity, including ten days for vibratory we cannot include this as an IHA
sixteen locations along wharves around driving of plastic piles, seventeen days requirement.
the basin perimeter. The basin was for contingency vibratory driving of
constructed during the early 1940s by steel piles, and twenty days for Description of Marine Mammals in the
dredging the eastern part of Ribault Bay contingency impact driving, if Area of the Specified Activity
(at the mouth of the St. Johns River), necessary. There are four marine mammal
with dredge material from the basin species which may inhabit or transit
Comments and Responses
used to fill parts of the bay and other through the waters nearby NSM at the
low-lying areas in order to elevate the We published a notice of receipt of mouth of the St. Johns River and in
land surface. The basin is currently the Navy’s application and proposed nearby nearshore Atlantic waters. These
maintained through regular dredging at IHA in the Federal Register on August include the bottlenose dolphin, Atlantic
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a depth of 50 ft, with depths at the 5, 2015 (80 FR 46545). We received a spotted dolphin, North Atlantic right
berths ranging from 30–50 ft. The letter from the Marine Mammal whale (Eubalaena glacialis), and
turning basin, connected to the St. Johns Commission, which provided the humpback whale (Megaptera
River by a 500-ft-wide entrance channel, following recommendation. In addition, novaeangliae). Multiple additional
will largely contain sound produced by we received a letter from the U.S. cetacean species occur in South Atlantic
project activities, with the exception of Department of the Interior, stating they waters but would not be expected to
sound propagating east into nearshore had no comments on the proposed occur in shallow nearshore waters of the
Atlantic waters through the entrance authorization. action area. Table 1 lists the marine

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55600 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

mammal species with expected (www.nmfs.noaa.gov/pr/species/ resource_assessments.html (accessed
potential for occurrence in the vicinity mammals) for generalized species July 16, 2015). We provided additional
of NSM during the project timeframe accounts and to the Navy’s Marine information for marine mammals with
and summarizes key information Resource Assessment for the potential for occurrence in the area of
regarding stock status and abundance. Charleston/Jacksonville Operating Area, the specified activity in our Federal
Taxonomically, we follow Committee which documents and describes the Register notice of proposed
on Taxonomy (2014). Please see NMFS’ marine resources that occur in Navy authorization (August 5, 2015; 80 FR
Stock Assessment Reports (SAR), operating areas of the Southeast (DoN, 46545). For reasons discussed in detail
available at www.nmfs.noaa.gov/pr/sars, 2008). The document is publicly in the notice of proposed authorization,
for more detailed accounts of these available at www.navfac.navy.mil/ right whales and humpback whales are
stocks’ status and abundance. Please products_and_services/ev/products_ unlikely to occur in the project area and
also refer to NMFS’ Web site and_services/marine_resources/marine_ are not considered further.

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF NSM
ESA/MMPA Stock abundance (CV, Relative occurrence;
status; PBR 3 Annual
Species Stock Nmin, most recent M/SI 4 season of
Strategic abundance survey) 2 occurrence
(Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenidae

North Atlantic right Western North Atlantic .. E/D; Y 465 (n/a; 2013) ............. 0.9 4.75 Rare inshore, regular
whale. near/offshore; Nov-
Apr.
Humpback whale ........... Gulf of Maine ................ E/D; Y 823 (n/a; 2008) ............. 2.7 10.15 Rare; Fall-Spring.

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae

Common bottlenose dol- Western North Atlantic -; N 77,532 (0.4; 56,053; 561 45.1 Rare; year-round.
phin. Offshore. 2011).
Common bottlenose dol- Western North Atlantic -/D; Y 9,173 (0.46; 6,326; 63 2.6–16.5 Possibly common 7; Jan-
phin. Coastal, Southern Mi- 2010–11). Mar.
gratory.
Common bottlenose dol- Western North Atlantic -/D; Y 1,219 (0.67; 730; 2010– 7 unk Possibly common 7;
phin. Coastal, Northern 11). year-round.
Florida.
Common bottlenose dol- Jacksonville Estuarine -; Y 412 6 (0.06; unk; 1994– undet. unk Possibly common 7;
phin. System 5. 97). year-round.
Atlantic spotted dolphin Western North Atlantic .. -; N 44,715 (0.43; 31,610; 316 0 Rare; year-round.
2011).
1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex-
ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe-
cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 CV is coefficient of variation; N
min is the minimum estimate of stock abundance. In some cases, CV is not applicable. For killer whales, the
abundance values represent direct counts of individually identifiable animals; therefore there is only a single abundance estimate with no associ-
ated CV. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance sur-
vey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the esti-
mate.
3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re-
moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).
4 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a
minimum value.
5 Abundance estimates for these stocks are greater than eight years old and are therefore not considered current. PBR is considered undeter-
mined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent
abundance estimates and PBR values, as these represent the best available information for use in this document.
6 This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals.
7 Bottlenose dolphins in general are common in the project area, but it is not possible to readily identify them to stock. Therefore, these three
stocks are listed as possibly common as we have no information about which stock commonly only occurs.

Potential Effects of the Specified construction activities on marine stock and its habitat, paying particular
Activity on Marine Mammals and Their mammals and their habitat. attention to rookeries, mating grounds,
asabaliauskas on DSK7TPTVN1PROD with NOTICES

Habitat and areas of similar significance, and on
Mitigation the availability of such species or stock
Our Federal Register notice of
proposed authorization (August 5, 2015; In order to issue an IHA under section for taking for certain subsistence uses.
80 FR 46545) provides a general 101(a)(5)(D) of the MMPA, NMFS must Measurements from similar pile
background on sound relevant to the set forth the permissible methods of driving events were coupled with
specified activity as well as a detailed taking pursuant to such activity, and practical spreading loss to estimate
description of marine mammal hearing other means of effecting the least zones of influence (ZOI; see Estimated
and of the potential effects of these practicable impact on such species or Take by Incidental Harassment); these

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Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55601

values were used to develop mitigation be aware of and communicate the construction.htm), developed by the
measures for pile driving activities at presence of marine mammals in the Navy in agreement with NMFS, for full
NSM. The ZOIs effectively represent the project area but outside the shutdown details of the monitoring protocols.
mitigation zone that will be established zone and thus prepare for potential The following additional measures
around each pile to prevent Level A shutdowns of activity. However, the apply to visual monitoring:
harassment to marine mammals, while primary purpose of disturbance zone (1) Monitoring will be conducted by
providing estimates of the areas within monitoring is for documenting incidents qualified observers, who will be placed
which Level B harassment might occur. of Level B harassment; disturbance zone at the best vantage point(s) practicable
In addition to the specific measures monitoring is discussed in greater detail to monitor for marine mammals and
described later in this section, the Navy later (see Monitoring and Reporting). implement shutdown/delay procedures
will conduct briefings between Nominal radial distances for when applicable by calling for the
construction supervisors and crews, disturbance zones are shown in Table 2. shutdown to the hammer operator.
marine mammal monitoring team, and Given the size of the disturbance zone Qualified observers are typically trained
Navy staff prior to the start of all pile for vibratory pile driving, it is biologists, with the following minimum
driving activity, and when new impossible to guarantee that all animals qualifications:
personnel join the work, in order to would be observed or to make • Visual acuity in both eyes
explain responsibilities, communication comprehensive observations of fine- (correction is permissible) sufficient for
procedures, marine mammal monitoring scale behavioral reactions to sound, and discernment of moving targets at the
protocol, and operational procedures. only a portion of the zone (e.g., what water’s surface with ability to estimate
may be reasonably observed by visual target size and distance; use of
Monitoring and Shutdown for Pile
observers stationed within the turning binoculars may be necessary to correctly
Driving
basin) will be observed. identify the target;
The following measures will apply to In order to document observed • Advanced education in biological
the Navy’s mitigation through shutdown incidents of harassment, monitors science, wildlife management,
and disturbance zones: record all marine mammal observations, mammalogy, or related fields (bachelor’s
Shutdown Zone—For all pile driving regardless of location. The observer’s degree or higher is required);
activities, the Navy will establish a location, as well as the location of the • Experience and ability to conduct
shutdown zone intended to contain the pile being driven, is known from a GPS. field observations and collect data
area in which SPLs equal or exceed the The location of the animal is estimated according to assigned protocols (this
180 dB rms acoustic injury criteria. The as a distance from the observer, which may include academic experience);
purpose of a shutdown zone is to define is then compared to the location from • Experience or training in the field
an area within which shutdown of the pile. It may then be estimated identification of marine mammals,
activity will occur upon sighting of a whether the animal was exposed to including the identification of
marine mammal (or in anticipation of an sound levels constituting incidental behaviors;
animal entering the defined area), thus harassment on the basis of predicted • Sufficient training, orientation, or
preventing injury of marine mammals distances to relevant thresholds in post- experience with the construction
(as described previously, serious injury processing of observational and acoustic operation to provide for personal safety
or death are unlikely outcomes even in data, and a precise accounting of during observations;
the absence of mitigation measures). observed incidences of harassment • Writing skills sufficient to prepare a
Modeled radial distances for shutdown created. This information may then be report of observations including but not
zones are shown in Table 2. However, used to extrapolate observed takes to limited to the number and species of
a minimum shutdown zone of 15 m reach an approximate understanding of marine mammals observed; dates and
(which is larger than the maximum actual total takes. times when in-water construction
predicted injury zone) will be Monitoring Protocols—Monitoring activities were conducted; dates and
established during all pile driving will be conducted before, during, and times when in-water construction
activities, regardless of the estimated after pile driving activities. In addition, activities were suspended to avoid
zone. Vibratory pile driving activities observers shall record all incidents of potential incidental injury from
are not predicted to produce sound marine mammal occurrence, regardless construction sound of marine mammals
exceeding the 180-dB Level A of distance from activity, and shall observed within a defined shutdown
harassment threshold, but these document any behavioral reactions in zone; and marine mammal behavior;
precautionary measures are intended to concert with distance from piles being and
prevent the already unlikely possibility driven. Observations made outside the • Ability to communicate orally, by
of physical interaction with shutdown zone will not result in radio or in person, with project
construction equipment and to further shutdown; that pile segment will be personnel to provide real-time
reduce any possibility of acoustic completed without cessation, unless the information on marine mammals
injury. For impact driving of steel piles, animal approaches or enters the observed in the area as necessary.
if necessary, the radial distance of the shutdown zone, at which point all pile For this project, we waive the
shutdown will be established at 40 m. driving activities will be halted. requirement for advanced education, as
Disturbance Zone—Disturbance zones Monitoring will take place from fifteen the observers will be personnel hired by
are the areas in which SPLs equal or minutes prior to initiation through the engineering contractor that may not
exceed 160 and 120 dB rms (for impulse thirty minutes post-completion of pile have backgrounds in biological science
asabaliauskas on DSK7TPTVN1PROD with NOTICES

and continuous sound, respectively). driving activities. Pile driving activities or related fields. These observers will be
Disturbance zones provide utility for include the time to install or remove a required to watch the Navy’s Marine
monitoring conducted for mitigation single pile or series of piles, as long as Species Awareness Training video and
purposes (i.e., shutdown zone the time elapsed between uses of the shall receive training sufficient to
monitoring) by establishing monitoring pile driving equipment is no more than achieve all other qualifications listed
protocols for areas adjacent to the thirty minutes. Please see the above (where relevant).
shutdown zones. Monitoring of Monitoring Plan (www.nmfs.noaa.gov/ (2) Prior to the start of pile driving
disturbance zones enables observers to pr/permits/incidental/ activity, the shutdown zone will be

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55602 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

monitored for fifteen minutes to ensure the degree to which, the successful Monitoring and Reporting
that it is clear of marine mammals. Pile implementation of the measure is In order to issue an IHA for an
driving will only commence once expected to minimize adverse impacts activity, section 101(a)(5)(D) of the
observers have declared the shutdown to marine mammals, (2) the proven or MMPA states that NMFS must set forth
zone clear of marine mammals; animals likely efficacy of the specific measure to ‘‘requirements pertaining to the
will be allowed to remain in the minimize adverse impacts as planned; monitoring and reporting of such
shutdown zone (i.e., must leave of their and (3) the practicability of the measure taking’’. The MMPA implementing
own volition) and their behavior will be for applicant implementation. regulations at 50 CFR 216.104 (a)(13)
monitored and documented. The Any mitigation measure(s) we indicate that requests for incidental take
shutdown zone may only be declared prescribe should be able to accomplish, authorizations must include the
clear, and pile driving started, when the have a reasonable likelihood of suggested means of accomplishing the
entire shutdown zone is visible (i.e., accomplishing (based on current necessary monitoring and reporting that
when not obscured by dark, rain, fog, science), or contribute to the will result in increased knowledge of
etc.). In addition, if such conditions accomplishment of one or more of the the species and of the level of taking or
should arise during impact pile driving general goals listed below: impacts on populations of marine
that is already underway, the activity
(1) Avoidance or minimization of mammals that are expected to be
will be halted.
(3) If a marine mammal approaches or injury or death of marine mammals present in the proposed action area.
enters the shutdown zone during the wherever possible (goals 2, 3, and 4 may Any monitoring requirement we
course of pile driving operations, contribute to this goal). prescribe should improve our
activity will be halted and delayed until understanding of one or more of the
(2) A reduction in the number (total
either the animal has voluntarily left following:
number or number at biologically
and been visually confirmed beyond the • Occurrence of marine mammal
important time or location) of
shutdown zone or fifteen minutes have species in action area (e.g., presence,
individual marine mammals exposed to
passed without re-detection of the abundance, distribution, density).
stimuli expected to result in incidental
animal. Monitoring will be conducted • Nature, scope, or context of likely
take (this goal may contribute to 1,
throughout the time required to drive a marine mammal exposure to potential
above, or to reducing takes by
pile. stressors/impacts (individual or
behavioral harassment only).
cumulative, acute or chronic), through
Soft Start (3) A reduction in the number (total better understanding of: (1) Action or
The use of a soft start procedure is number or number at biologically environment (e.g., source
believed to provide additional important time or location) of times any characterization, propagation, ambient
protection to marine mammals by individual marine mammal would be noise); (2) Affected species (e.g., life
warning or providing a chance to leave exposed to stimuli expected to result in history, dive patterns); (3) Co-
the area prior to the hammer operating incidental take (this goal may contribute occurrence of marine mammal species
at full capacity, and typically involves to 1, above, or to reducing takes by with the action; or (4) Biological or
a requirement to initiate sound from the behavioral harassment only). behavioral context of exposure (e.g., age,
hammer at reduced energy followed by (4) A reduction in the intensity of calving or feeding areas).
a waiting period. This procedure is exposure to stimuli expected to result in • Individual responses to acute
repeated two additional times. It is incidental take (this goal may contribute stressors, or impacts of chronic
difficult to specify the reduction in to 1, above, or to reducing the severity exposures (behavioral or physiological).
energy for any given hammer because of of behavioral harassment only). • How anticipated responses to
variation across drivers and, for impact (5) Avoidance or minimization of stressors impact either: (1) Long-term
hammers, the actual number of strikes at adverse effects to marine mammal fitness and survival of an individual; or
reduced energy will vary because habitat, paying particular attention to (2) Population, species, or stock.
operating the hammer at less than full the prey base, blockage or limitation of • Effects on marine mammal habitat
power results in ‘‘bouncing’’ of the passage to or from biologically and resultant impacts to marine
hammer as it strikes the pile, resulting important areas, permanent destruction mammals.
in multiple ‘‘strikes.’’ For impact of habitat, or temporary disturbance of • Mitigation and monitoring
driving, we require an initial set of three habitat during a biologically important effectiveness.
strikes from the impact hammer at time. The Navy’s planned monitoring and
reduced energy, followed by a thirty- reporting is also described in their
second waiting period, then two (6) For monitoring directly related to Marine Mammal Monitoring Plan, on
subsequent three strike sets. Soft start mitigation, an increase in the the Internet at www.nmfs.noaa.gov/pr/
will be required at the beginning of each probability of detecting marine permits/incidental/construction.htm.
day’s impact pile driving work and at mammals, thus allowing for more
effective implementation of the Visual Marine Mammal Observations
any time following a cessation of impact
pile driving of thirty minutes or longer. mitigation. The Navy will collect sighting data
We have carefully evaluated the Based on our evaluation of the Navy’s and behavioral responses to
Navy’s proposed mitigation measures proposed measures, as well as any other construction for marine mammal
and considered their effectiveness in potential measures that may be relevant species observed in the region of
asabaliauskas on DSK7TPTVN1PROD with NOTICES

past implementation to determine to the specified activity, we have activity during the period of activity. All
whether they are likely to effect the least determined that the planned mitigation observers will be trained in marine
practicable impact on the affected measures provide the means of effecting mammal identification and behaviors
marine mammal species and stocks and the least practicable impact on marine and are required to have no other
their habitat. Our evaluation of potential mammal species or stocks and their construction-related tasks while
measures included consideration of the habitat, paying particular attention to conducting monitoring. The Navy will
following factors in relation to one rookeries, mating grounds, and areas of monitor the shutdown zone and
another: (1) The manner in which, and similar significance. disturbance zone before, during, and

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55604 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Bottlenose dolphins may be observed at the Mayport turning basin and applicable sound thresholds for
any time of year in estuarine and associated nearshore waters that may determining effects to marine mammals
nearshore waters of the action area, but result from pile driving during before describing the information used
sightings of other species are rare. construction activities associated with in estimating the sound fields, the
Therefore, behavioral disturbances that the project described previously in this available marine mammal density or
could result from anthropogenic sound document. abundance information, and the method
associated with these activities are In order to estimate the potential of estimating potential incidents of take
expected to affect only a relatively small incidents of take that may occur in detail in our Federal Register notice
number of individual marine mammals, incidental to the specified activity, we of proposed authorization (August 5,
although those effects could be must first estimate the extent of the 2015; 80 FR 46545). All calculated
recurring over the life of the project if sound field that may be produced by the
distances to and the total area
the same individuals remain in the activity and then consider in
encompassed by the marine mammal
project vicinity. The Navy has requested combination with information about
authorization for the incidental taking of marine mammal density or abundance sound thresholds are provided in Table
small numbers of bottlenose dolphins in in the project area. We described 2.

TABLE 2—DISTANCES TO RELEVANT UNDERWATER SOUND THRESHOLDS AND AREAS OF ENSONIFICATION
Distance Area
Pile type Method Threshold (m) (sq km) 1

Steel (sheet and king piles) ............ Vibratory ......................................... Level A harassment (180 dB) ........ n/a 0
Level B harassment (120 dB) ........ 7,356 2.9
Impact ............................................ Level A harassment (180 dB) ........ 40 0.004
Level B harassment (160 dB) ........ 858 0.67
Polymeric (plastic fender piles) ...... Vibratory ......................................... Level A harassment (180 dB) ........ n/a 0
Level B harassment (120 dB) ........ 1,585 0.88
Impact ............................................ Level A harassment (180 dB) ........ n/a 0
Level B harassment (160 dB) ........ 3.4 0.00004
1 Areas presented take into account attenuation and/or shadowing by land. Calculated distances to relevant thresholds cannot be reached in
most directions form source piles. Please see Figures 6–1 through 6–3 in the Navy’s application.

The Mayport turning basin does not present within the relevant area, and facing entrance channel, the radial
represent open water, or free field, thus incidentally taken; distances to thresholds are not generally
conditions. Therefore, sounds would • An individual can only be taken reached.
attenuate as per the confines of the once during a 24-h period; and, There are a number of reasons why
basin, and may only reach the full • There will be 27 total days of estimates of potential incidents of take
estimated distances to the harassment vibratory driving (seventeen days for may be conservative, assuming that
thresholds via the narrow, east-facing steel piles and ten days for plastic piles) available density or abundance
entrance channel. Distances shown in and twenty days of impact pile driving. estimates and estimated ZOI areas are
Table 2 are estimated for free-field • Exposures to sound levels at or accurate. We assume, in the absence of
conditions, but areas are calculated per above the relevant thresholds equate to information supporting a more refined
the actual conditions of the action area. take, as defined by the MMPA. conclusion, that the output of the
See Figures 6–1 through 6–3 of the The estimation of marine mammal calculation represents the number of
Navy’s application for a depiction of takes typically uses the following individuals that may be taken by the
areas in which each underwater sound calculation: specified activity. In fact, in the context
threshold is predicted to occur at the of stationary activities such as pile
Exposure estimate = (n * ZOI) * days driving and in areas where resident
project area due to pile driving. of total activity animals may be present, this number
Marine Mammal Densities and Take Where: more realistically represents the number
Calculation n = density estimate used for each species/ of incidents of take that may accrue to
For all species, the best scientific season a smaller number of individuals. While
information available was considered ZOI = sound threshold ZOI area; the area pile driving can occur any day
for use in the marine mammal take encompassed by all locations where the throughout the in-water work window,
SPLs equal or exceed the threshold being and the analysis is conducted on a per
assessment calculations. Density value
evaluated
for the Atlantic spotted dolphin is from day basis, only a fraction of that time
recent density estimates produced by n * ZOI produces an estimate of the (typically a matter of hours on any given
Roberts et al. (2015); we use the highest abundance of animals that could be day) is actually spent pile driving. The
relevant seasonal density value (spring). present in the area for exposure, and is potential effectiveness of mitigation
Density for bottlenose dolphins is rounded to the nearest whole number measures in reducing the number of
derived from site-specific surveys before multiplying by days of total takes is typically not quantified in the
asabaliauskas on DSK7TPTVN1PROD with NOTICES

conducted by the Navy; it is not activity. take estimation process. For these
currently possible to identify observed The ZOI impact area is estimated reasons, these take estimates may be
individuals to stock. using the relevant distances in Table 2, conservative.
The following assumptions are made taking into consideration the possible The quantitative exercise described
when estimating potential incidents of affected area with attenuation due to the above indicates that no incidents of
take: constraints of the basin. Because the Level A harassment would be expected,
• All marine mammal individuals basin restricts sound from propagating independent of the implementation of
potentially available are assumed to be outward, with the exception of the east- required mitigation measures. The

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Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55605

twenty days of contingency impact days; because the ZOI for impact driving consider only the former here. See Table
driving considered here could include of steel piles subsumes the ZOI for 3 for total estimated incidents of take.
either steel or plastic piles on any of the impact driving of plastic piles, we

TABLE 3—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION
Authorized Total author-
Species n (animals/km 2) Activity n * ZOI 1 takes 2 ized takes

Bottlenose dolphin ................. 4.15366 ................................. Impact driving (steel) ............ 3 60 304 3
Vibratory driving (steel) ........ 12 204
Vibratory driving (plastic) ...... 4 40
Atlantic spotted dolphin ......... 0.005402 (spring) ................. Impact driving (steel) ............ 0 0 0
Vibratory driving (steel) ........ 0 0
Vibratory driving (plastic) ...... 0 0
1 See Table 2 for relevant ZOIs. The product of this calculation is rounded to the nearest whole number.
2 The product of n * ZOI is multiplied by the total number of activity-specific days to estimate the number of takes.
3 It is impossible to estimate from available information which stock these takes may accrue to.

Analyses and Determinations mitigation measures. Specifically, reported injuries or mortality to marine
vibratory hammers will be the primary mammals, and no known long-term
Negligible Impact Analysis
method of installation (impact driving is adverse consequences from behavioral
NMFS has defined ‘‘negligible included only as a contingency and is harassment. Repeated exposures of
impact’’ in 50 CFR 216.103 as ‘‘. . . an not expected to be required), and this individuals to levels of sound that may
impact resulting from the specified activity does not have the potential to cause Level B harassment are unlikely
activity that cannot be reasonably cause injury to marine mammals due to to result in hearing impairment or to
expected to, and is not reasonably likely the relatively low source levels significantly disrupt foraging behavior.
to, adversely affect the species or stock produced (less than 180 dB) and the Thus, even repeated Level B harassment
through effects on annual rates of lack of potentially injurious source of some small subset of the overall stock
recruitment or survival.’’ A negligible characteristics. Impact pile driving is unlikely to result in any significant
impact finding is based on the lack of produces short, sharp pulses with realized decrease in viability for the
likely adverse effects on annual rates of higher peak levels and much sharper affected individuals, and thus would
recruitment or survival (i.e., population- rise time to reach those peaks. If impact not result in any adverse impact to the
level effects). An estimate of the number driving is necessary, implementation of stock as a whole. Level B harassment
of Level B harassment takes alone is not soft start and shutdown zones will be reduced to the level of least
enough information on which to base an significantly reduces any possibility of practicable impact through use of
impact determination. In addition to injury. Given sufficient ‘‘notice’’ mitigation measures described herein
considering estimates of the number of through use of soft start (for impact and, if sound produced by project
marine mammals that might be ‘‘taken’’ driving), marine mammals are expected activities is sufficiently disturbing,
through behavioral harassment, we to move away from a sound source that animals are likely to simply avoid the
consider other factors, such as the likely is annoying prior to its becoming turning basin while the activity is
nature of any responses (e.g., intensity, potentially injurious. Environmental occurring.
duration), the context of any responses conditions in the confined and In summary, this negligible impact
(e.g., critical reproductive time or protected Mayport turning basin mean analysis is founded on the following
location, migration), as well as the that marine mammal detection ability factors: (1) The possibility of injury,
number and nature of estimated Level A by trained observers is high, enabling a serious injury, or mortality may
harassment takes, the number of high rate of success in implementation reasonably be considered discountable;
estimated mortalities, and effects on of shutdowns to avoid injury. (2) the anticipated incidents of Level B
habitat. Effects on individuals that are taken harassment consist of, at worst,
Pile driving activities associated with by Level B harassment, on the basis of temporary modifications in behavior; (3)
the wharf construction project, as reports in the literature as well as the absence of any significant habitat
outlined previously, have the potential monitoring from other similar activities, within the project area, including
to disturb or displace marine mammals. will likely be limited to reactions such known areas or features of special
Specifically, the specified activities may as increased swimming speeds, significance for foraging or
result in take, in the form of Level B increased surfacing time, or decreased reproduction; (4) the presumed efficacy
harassment (behavioral disturbance) foraging (if such activity were occurring) of the planned mitigation measures in
only, from underwater sounds generated (e.g., Thorson and Reyff, 2006; HDR, reducing the effects of the specified
from pile driving. Potential takes could Inc., 2012). Most likely, individuals will activity to the level of least practicable
occur if individuals of these species are simply move away from the sound impact. In addition, these stocks are not
present in the ensonified zone when source and be temporarily displaced listed under the ESA, although coastal
pile driving is happening. from the areas of pile driving, although bottlenose dolphins are designated as
asabaliauskas on DSK7TPTVN1PROD with NOTICES

No injury, serious injury, or mortality even this reaction has been observed depleted under the MMPA. In
is anticipated given the nature of the primarily only in association with combination, we believe that these
activities and measures designed to impact pile driving. The pile driving factors, as well as the available body of
minimize the possibility of injury to activities analyzed here are similar to, or evidence from other similar activities,
marine mammals. The potential for less impactful than, numerous other demonstrate that the potential effects of
these outcomes is minimized through construction activities conducted in San the specified activity will have only
the construction method and the Francisco Bay and in the Puget Sound short-term effects on individuals. The
implementation of the planned region, which have taken place with no specified activity is not expected to

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55606 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

impact rates of recruitment or survival although the largest area of suitability for adoption by NMFS in
and will therefore not result in ensonification is predicted to extend up order to assess the impacts to the human
population-level impacts. to 7.5 km offshore from NSM, estuarine environment of issuance of an IHA to
Based on the analysis contained dolphins are generally considered as the Navy. Also in compliance with
herein of the likely effects of the restricted to inshore waters and only 1– NEPA and the CEQ regulations, as well
specified activity on marine mammals 2 km offshore. In summary, JES as NOAA Administrative Order 216–6,
and their habitat, and taking into dolphins are (1) known to form two NMFS has reviewed the Navy’s EA,
consideration the implementation of the groups and exhibit strong site fidelity determined it to be sufficient, and
planned monitoring and mitigation (i.e., individuals do not generally range adopted that EA and signed a Finding
measures, we find that the total marine throughout the recognized overall JES of No Significant Impact (FONSI) on
mammal take from the Navy’s wharf stock range); (2) would not occur at all November 20, 2013.
construction activities will have a in a significant portion of the larger ZOI We have reviewed the Navy’s
negligible impact on the affected marine extending offshore from NSM; and (3) application for a renewed IHA for
mammal species or stocks. the specified activity will be stationary ongoing construction activities for
within an enclosed basin not recognized 2015–16 and results of required marine
Small Numbers Analysis
as an area of any special significance mammal monitoring. Based on that
As described previously, of the 304 that would serve to attract or aggregate review, we have determined that the
incidents of behavioral harassment dolphins. We therefore believe that the proposed action is very similar to that
predicted to occur for bottlenose estimated numbers of takes, were they considered in the previous IHA. In
dolphin, we have no information to occur, likely represent repeated addition, no significant new
allowing us to parse those predicted exposures of a much smaller number of circumstances or information relevant to
incidents amongst the three stocks of bottlenose dolphins and that these environmental concerns have been
bottlenose dolphin that may occur in estimated incidents of take represent identified. Thus, we have determined
the project area. Therefore, we assessed small numbers of bottlenose dolphins. that the preparation of a new or
the total number of predicted incidents Based on the analysis contained supplemental NEPA document is not
of take against the best abundance herein of the likely effects of the necessary, and, after review of public
estimate for each stock, as though the specified activity on marine mammals comments, reaffirm our 2013 FONSI.
total would occur for the stock in and their habitat, and taking into The 2013 NEPA documents are
question. For two of the bottlenose consideration the implementation of the available for review at
dolphin stocks, the total predicted mitigation and monitoring measures, we www.nmfs.noaa.gov/pr/permits/
number of incidents of take authorized find that small numbers of marine incidental/construction.htm.
would be considered small— mammals will be taken relative to the
approximately three percent for the Authorization
populations of the affected species or
southern migratory stock and less than stocks. As a result of these determinations,
25 percent for the northern Florida we have issued an IHA to the Navy for
coastal stock—even if each estimated Impact on Availability of Affected conducting the described construction
taking occurred to a new individual. Species for Taking for Subsistence Uses activities in Mayport, FL, for one year
This is an extremely unlikely scenario There are no relevant subsistence uses from the date of issuance, provided the
as, for bottlenose dolphins in estuarine of marine mammals implicated by this previously described mitigation,
and nearshore waters, there is likely to action. Therefore, we have determined monitoring, and reporting requirements
be some overlap in individuals present that the total taking of affected species are incorporated.
day-to-day. or stocks would not have an unmitigable
The total number of authorized takes Dated: September 9, 2015.
adverse impact on the availability of Donna S. Wieting,
for bottlenose dolphins, if assumed to such species or stocks for taking for
accrue solely to new individuals of the Director, Office of Protected Resources,
subsistence purposes. National Marine Fisheries Service.
JES stock, is higher relative to the total
stock abundance, which is currently Endangered Species Act (ESA) [FR Doc. 2015–23174 Filed 9–15–15; 8:45 am]
considered unknown. However, these No marine mammal species listed BILLING CODE 3510–22–P
numbers represent the estimated under the ESA are expected to be
incidents of take, not the number of affected by these activities. Therefore,
individuals taken. That is, it is highly DEPARTMENT OF COMMERCE
we have determined that section 7
likely that a relatively small subset of consultation under the ESA are not National Oceanic and Atmospheric
JES bottlenose dolphins would be required. Administration
harassed by project activities. JES
bottlenose dolphins range from National Environmental Policy Act RIN 0648–XE177
Cumberland Sound at the Georgia- (NEPA)
Florida border south to approximately In compliance with the National Pacific Fishery Management Council;
Palm Coast, Florida, an area spanning Environmental Policy Act of 1969 (42 Public Meeting
over 120 linear km of coastline and U.S.C. 4321 et seq.), as implemented by AGENCY: National Marine Fisheries
including habitat consisting of complex the regulations published by the Service (NMFS), National Oceanic and
inshore and estuarine waterways. JES Council on Environmental Quality (40
asabaliauskas on DSK7TPTVN1PROD with NOTICES

Atmospheric Administration (NOAA),
dolphins, divided by Caldwell (2001) CFR parts 1500–1508), the Navy Commerce.
into Northern and Southern groups, prepared an Environmental Assessment ACTION: Notice; public meeting.
show strong site fidelity and, although (EA) to consider the direct, indirect and
members of both groups have been cumulative effects to the human SUMMARY: The Pacific Fishery
observed outside their preferred areas, it environment resulting from the pier Management Council’s (Pacific Council)
is likely that the majority of JES maintenance project. NMFS made the Groundfish Management Team (GMT)
dolphins would not occur within waters Navy’s EA available to the public for will hold a work session that is open to
ensonified by project activities. Further, review and comment, in relation to its the public.

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Document Created: 2018-02-26 10:16:26
Document Modified: 2018-02-26 10:16:26

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 September 8, 2015, through September 7, 2016.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		80 FR 55598
RIN Number		0648-XE05

80 FR 55598 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Wharf Recapitalization Project

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 179 (September 16, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration