80 FR 73730 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliot Bay Seawall Project in Seattle, Washington

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 227 (November 25, 2015)

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the City of Seattle's Department of Transportation (SDOT) for the take of eight species of marine mammals incidental to pile driving activities associated with the Elliot Bay Seawall Project (EBSP).

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73730-73731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29979]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC69


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Elliot Bay Seawall Project in Seattle, Washington

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

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the City of 
Seattle's Department of Transportation (SDOT) for the take of eight 
species of marine mammals incidental to pile driving activities 
associated with the Elliot Bay Seawall Project (EBSP).

DATES: Effective from October 22, 2015, through August 31, 2016.

ADDRESSES: The LOA and supporting documentation are available for 
review on the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Documents cited in this notice may also be viewed, by 
appointment, during regular business hours at the Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, by telephoning the contact listed under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Zach Hughes, Office of Protected 
Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional, taking of small numbers of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and either regulations are issues or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review. Under the MMPA, the term ``take'' means to harass, 
hunt, capture, or kill marine mammals. Authorization for incidental 
takings shall be granted if NMFS finds that the taking will have a 
negligible impact on the identified species or stock(s), will not have 
an unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant), and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
monitoring, and reporting of such takings are set forth in the 
regulations. 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.'' Regulations governing the taking of harbor 
seals (Phoca vitulina richardii), California sea lions (Zalophus 
californianus), Steller sea lions (Eumetopias jubatus monteriensis), 
harbor porpoise (Phocoena phocoena

[[Page 73731]]

vomerina), Dall's porpoise (Phocoenoides dalli dalli), southern 
resident and transient killer whales (Orcinus orca), gray whales 
(Eschrichtius robustus), and humpback whales (Megaptera novaeangliae), 
by harassment, incidental to pile driving activities in Elliot Bay for 
the EBSP, were issued on October 21, 2013 (78 FR 63396, October 24, 
2013), and remain in effect until October 21, 2018. For detailed 
information on this action, please refer to that document. The 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental take of marine mammals during pile driving 
activities associated with the EBSP. Pursuant to those regulations, 
NMFS first issued an LOA, effective from October 22, 2013, through 
October 21, 2014, and a second LOA, effective from October 22, 2014, 
through October 21, 2015. SDOT conducted activities as described, 
implemented the required mitigation methods, and conducted the required 
monitoring.

Monitoring Reports

    The total number of potentially harassed marine mammals was well 
below the authorized limits, with the exception of the California sea 
lion. The reported take for California sea lion for the 2014-2015 
Letter of Authorization, by Level B harassment only, exceeded the 
annually authorized level. Please see the monitoring report at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm for more 
detail. This resulted in part because of an error in our assumptions 
relating to the proposed take estimates in the original rule, i.e., the 
number of California sea lions regularly hauling out on buoys in Elliot 
Bay. Based on our review of monitoring to date we plan to revise future 
take estimates by assuming an estimated daily exposure of up to 7 
California sea lions (as compared with 5 assumed in regulations).
    Because this revision of the estimated number of California sea 
lions constitutes less than 0.1 percent of the population for 
California sea lions, and is the same kind of take anticipated in the 
regulations, it remains consistent with the determinations of 
negligible impact and small numbers, and our subsistence findings for 
the specified activity and remaining years of the issued regulations 
for the EBSP.

Authorization

    NMFS has issued an LOA to SDOT authorizing the Level B harassment 
of marine mammals incidental to pile driving activities associated with 
the EBSP at Seattle, WA. Take of marine mammals will be minimized 
through implementation of the following mitigation measures: (1) 
Limited impact pile driving; (2) containment of impact pile driving; 
(3) additional sound attenuation measures; (4) ramp-up of pile-related 
activities; (5) marine mammal exclusion zones; and (6) shutdown and 
delay procedures. SDOT will also conduct visual monitoring and 
underwater acoustic monitoring for mitigation and research purposes. 
Reports will be submitted to NMFS at the time of request for a renewal 
of the LOA, and a final comprehensive report, which will summarize all 
previous reports and assess cumulative impacts, will be submitted 
before the rule expires.
    Issuance of this LOA is based on the results of the monitoring 
reports that verified that the total number of potentially harassed 
marine mammals was below the authorized limits, with the exception of 
the California sea lion (as discussed above). Based on these findings 
and the information discussed in the preamble to the final rule, the 
activities described under the LOA will have a negligible impact on the 
marine mammal stocks and will not have an unmitigable adverse impact on 
the availability of the affected marine mammal stocks for subsistence 
uses. No injury, serious injury, or mortality of the affected species 
is anticipated.

    Dated: October 28, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-29979 Filed 11-24-15; 8:45 am]
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