81 FR 17439 - Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation Project
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 60 (March 29, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 60 (March 29, 2016)
| Page Range | 17439-17446 | |
| FR Document | 2016-07078 |
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)] [Notices] [Pages 17439-17446] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07078] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE234 Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation Project AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization. ----------------------------------------------------------------------- SUMMARY: In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Washington State Department of Transportation (WSDOT) to take, by harassment, small numbers of 10 species of marine mammals incidental to construction activities for the Coupeville Timber Tower Preservation Project in Washington State, between July 15, 2016, and July 14, 2017. DATES: This authorization is effective from July 15, 2016, through July 14, 2017. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.'' Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Summary of Request On June 9, 2015 WSDOT submitted a request to NOAA requesting an IHA for the possible harassment of small numbers of marine mammal species incidental to construction associated with the Coupeville Timber Towers Preservation Project at the Coupeville Ferry Terminal in Washington State, between July 15, 2016, and July 14, 2017. On September 22, WSDOT submitted a revised IHA application which incorporated rigorous monitoring and mitigation measures that would prevent the take of humpback whales and the Southern Resident killer whales, which are listed under the Endangered Species Act (ESA). The revised IHA application requests the take of small numbers of 10 marine mammal species incidental to the Coupeville Timber Towers Preservation Project. NMFS determined that the IHA application was complete on October 1, 2015. NMFS proposed to authorize the Level B harassment of the following marine mammal species/stocks: harbor seal, California sea lion, Steller sea lion (eastern Distinct Population Segment, or DPS), northern elephant seal, killer whale (West Coast transient stock), gray whale, minke whale, harbor porpoise, Dall's porpoise, and Pacific white-sided dolphin. Description of the Specified Activity A detailed description of the WSDOT's Coupeville Timber Towers Preservation Project is provided in the Federal Register notice for the proposed IHA (81 FR 3378; January 21, 2016). WSDOT proposes to conduct Coupeville Timber Towers Preservation Project at the Washington Coupeville Ferry Terminal on Whidbey Island, Washington (Figure 1-2 of the IHA application), to upgrade the existing transfer span towers at the Coupeville Ferry Terminal. These activities include impact pile driving and vibratory pile removal. Eight 24-inch diameter hollow steel piles would be installed to support the towers, and concrete caps will be installed on top of the towers in order to support the headframe that houses the pulleys for the transfer span cables. Five to seven 12-inch timber piles would be removed to allow room for the new steel piles to be installed. The remaining tower timber piles would remain in place to help support the structure. Up to 6 temporary 24-inch [[Page 17440]] diameter hollow steel piles would be installed to support the transfer span and towers cable systems during construction. All pile installation would be using impact pile driving. Temporary steel piles would be removed with a vibratory hammer. Timber piles would be removed with a vibratory hammer or by direct pull using a chain wrapped around the pile. Although timber piles may be removed by means unlikely to result in harassment of marine mammals, we assume for purposes of this analysis that all timber piles would be removed with a vibratory hammer. The crane operator would take measures to reduce turbidity, such as vibrating the pile slightly to break the bond between the pile and surrounding soil, and removing the pile slowly; or if using direct pull, keep the rate at which piles are removed low enough to meet regulatory turbidity limit requirements. If piles are so deteriorated they cannot be removed using either the vibratory or direct pull method, the operator would use a clamshell to pull the piles from below the mudline. All work would occur in water depths between -10 and -20 feet mean lower-low water. It is expected to take 8 working days to complete the pile driving and removal activities. Since that time, no changes have been made to the proposed construction activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity. Comments and Responses A notice of NMFS' proposal to issue an IHA to WSDOT was published in the Federal Register on January 21, 2016. That notice described, in detail, WSDOT's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received comments only from the Marine Mammal Commission (Commission). Specific comments and responses are provided below. Comment 1: The Commission recommends that NMFS issue the requested incidental harassment authorization, subject to inclusion of the proposed mitigation, monitoring, and reporting measures. Response: NMFS concurs with the Commission's recommendation and has included the mitigation, monitoring, and reporting measures contained in the proposed authorization in the issued IHA. Description of Marine Mammals in the Area of the Specified Activity The marine mammal species under NMFS jurisdiction in the proposed construction area include Pacific harbor seal (Phoca vitulina richardsi), northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), killer whale (Orcinus orca) (transient and Southern Resident stocks), Eastern North Pacific gray whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera acutorostrata), harbor porpoise (Phocoena phocoena), Dall's porpoise (P. dalli), and Pacific white-sided dolphin (Lagenorhynchus obliquidens). The Western North Pacific gray whale has been observed off the Northwest Pacific; however, the occurrence of this gray whale population in the vicinity of the project area is very unlikely. Table 1--Marine Mammal Species Potentially Present in Region of Activity ---------------------------------------------------------------------------------------------------------------- Species ESA status MMPA status Occurrence. ---------------------------------------------------------------------------------------------------------------- Harbor Seal......................... Not listed............. Non-depleted........... Frequent. California Sea Lion................. Not listed............. Non-depleted........... Frequent. Northern Elephant Seal.............. Not listed............. Non-depleted........... Occasional. Steller Sea Lion (eastern DPS)...... Not listed............. Under review........... Rare. Harbor Porpoise..................... Not listed............. Non-depleted........... Frequent. Dall's Porpoise..................... Not listed............. Non-depleted........... Occasional. Pacific White-sided dolphin......... Not listed............. Non-depleted........... Occasional. Killer Whale........................ Endangered (Southern Depleted............... Occasional. Resident). Killer whale........................ Not listed (transient). Non-depleted........... Occasional. Gray Whale.......................... Delisted (Eastern North Unclassified........... Occasional. Pacific). Humpback Whale...................... Endangered............. Depleted............... Rare. Minke Whale......................... Not listed............. Non-depleted........... Rare. ---------------------------------------------------------------------------------------------------------------- General information on the marine mammal species found in Washington coastal waters can be found in Caretta et al. (2015), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/pacific_sars_2014_final_noaa_swfsc_tm_549.pdf. Refer to that document for information on these species. A list of marine mammals in the vicinity of the action and their status are provided in Table 1. Specific information concerning these species in the vicinity of the proposed action area is provided in detail in the WSDOT's IHA application. Currently, NMFS is conducting a review of the discrete population segments (DPS) of humpback whales for potential delisting, and the Northeast Pacific humpback whale could be delisted from the ESA list if the review determines that this population has recovered significantly. Potential Effects of the Specified Activity on Marine Mammals The effects of underwater noise from in-water pile removal and pile driving associated with the Coupeville Timber Towers Preservation Project has the potential to result in behavioral harassment of marine mammal species and stocks in the vicinity of the action area. The Notice of Proposed IHA (81 FR 3378; January 21, 2016) included a discussion of the effects of anthropogenic noise on marine mammals, which is not repeated here. No instances of hearing threshold shifts (TS), injury, serious injury, or mortality are expected as a result of WSDOT's activities because the relatively low received levels from the sources. In addition, marine mammals are likely to avoid the immediate vicinity of the pile driving area to avoid TS. Potential Effects on Marine Mammal Habitat The primary potential impacts to marine mammals and other marine species are associated with elevated sound levels, but the project may also result in additional effects to marine mammal prey species and short-term local water turbidity caused by in-water construction due to pile removal and [[Page 17441]] pile driving. These potential effects and the significance of any important marine mammal habitat are discussed in detail in the Federal Register notice for the proposed IHA and are not repeated here. The discussion provided previously indicates that any impacts to marine mammal habitat are not expected to cause significant or long-term consequences for individual marine mammals or their populations. Mitigation Measures In order to issue an incidental take authorization 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 adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses. For WSDOT's proposed Coupeville Timber Towers Preservation Project, NMFS is requiring WSDOT to implement the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity as a result of the in-water construction activities. Time Restriction Work would occur only during daylight hours, when visual monitoring of marine mammals can be conducted. In addition, all in-water construction will be limited to the period between July 15, 2016, and February 15, 2017, to avoid impacts to spawning salmonids. Underwater Noise Attenuation Device An air bubble curtain system or other noise attenuation device would be employed during impact installation or proofing of steel piles unless the piles are driven on dry areas. Establishment of Exclusion Zone and Level B Harassment Zones of Influence Before the commencement of in-water pile driving activities, WSDOT would establish Level A exclusion zones and Level B zones of influence (ZOIs). The received underwater sound pressure levels (SPLs) within the exclusion zone would be 190 dB (rms) re 1 [mu]Pa and above for pinnipeds and 180 dB (rms) re 1 [mu]Pa and above for cetaceans. The Level B ZOIs would encompass areas where received underwater SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 [mu]Pa for impulse noise sources (impact pile driving) and non-impulse noise sources (vibratory pile removal), respectively. Based on in-water measurements at the WSDOT Port Townsend Ferry Terminal (WSDOT 2011a), removal of 12-in timber piles generated 149 to 152 dB (rms) re 1 [mu]Pa with an overall average value of 150 dB (rms) re 1 [mu]Pa measured at 16 m. A worst-case noise level for vibratory removal of 12-in timber piles would be 152 dB (rms) re 1 [mu]Pa at 16 m. Based on in-water measurements at the WSDOT Port Townsend Ferry terminal, impact pile driving of 24-in steel piles ranged from 175 to187 dB (rms) re 1 [mu]Pa measured at 10 m during the use of an air bubble curtain (WSDOT 2014a). An air bubble curtain would be used to attenuate steel pile impact driving noise during this project. A worst- case noise level for impact driving of 24-in steel piles would be 187 dB (rms) re 1 [mu]Pa at 10 m. Data for vibratory removal of 24-inch temporary steel piles is not available, so it is conservatively assumed to be the same as vibratory driving. Based on in-water measurements at the same location as the activity considered here (previously known as the WSDOT Keystone Ferry Terminal), vibratory driving of 24-in steel piles ranged from 164 to 176 dB (rms) re 1 [mu]Pa with an overall average value of 171 dB (rms) re 1 [mu]Pa. Distances from hydrophone to pile ranged between 6 and 11 m (WSDOT 2010a). A worst-case noise level for vibratory removal of 24- in steel piles will be 176 dB (rms) re 1 [mu]Pa at 6 m. Using a simple practical spreading model (sound transmission loss of 4.5dB per doubling distance) to determine the distance where underwater sound will attenuate to the 120 dB (rms) re 1 [mu]Pa threshold, the ZOIs are calculated below:152 dB (rms) re 1 [mu]Pa at 16 m (12-in timber vibratory pile removal): ~2.3 km/1.4 mi 176 dB (rms) re 1 [mu]Pa at 6 m (24-in steel vibratory pile removal): ~32 km/20 mi (land is reached at ~31 km/19 mi) The vibratory pile removal source levels do not exceed the Level A harassment criteria. Using 187 dB (rms) re 1 [mu]Pa at 10 m for 24-in impact pile driving and the practical spreading loss model, the distances to the thresholds are calculated: The 190 dB (rms) re 1 [mu]Pa pinniped Level A harassment exclusion zone is reached within 6.3 m/21 ft. The 180 dB (rms) re 1 [mu]Pa cetacean Level A harassment exclusion zone is reached within 29 m/95 ft. The 160 dB (rms) re 1 [mu]Pa Level B ZOI is reached within 631 m/2,070 ft. The more conservative cetacean injury zone (29 m/95 ft.) will be used to set the 24-inch steel exclusion zone. Although there is no acoustic injury zone for vibratory pile removal and the use of other heavy machinery other than impact pile driving, WSDOT should establish an exclusion zone of 10 m (30 ft.) around the equipment. A summary of distances and areas of the exclusion zones for Level A harassment and of ZOI for Level B harassment is provided in Table 2 below. Table 2--Distances and Areas of Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities -------------------------------------------------------------------------------------------------------------------------------------------------------- Distance to Distance to Distance to Distance to ZOI size Pile driving method 190 dB (m) 180 dB (m) 160 dB (m) 120 dB (km) (km\2\) -------------------------------------------------------------------------------------------------------------------------------------------------------- Vibratory pile removal (12-in timber).............................. NA NA NA 2.3 6.4 Vibratory pile removal (24-in steel)............................... NA NA NA 32 140 Impact driving (24-in steel pile).................................. 6.3 29 631 NA 0.16 -------------------------------------------------------------------------------------------------------------------------------------------------------- Soft Start A ``soft-start'' technique is intended to allow marine mammals to vacate the area before the pile driver reaches full power. Whenever there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures. For vibratory hammers, the contractor shall initiate the driving for 15 seconds at reduced energy, followed by a 1 minute waiting period. This procedure shall be repeated two additional times before continuous driving is started. This procedure shall also apply to vibratory pile removal. [[Page 17442]] For impact driving, an initial set of three strikes would be made by the hammer at 40-percent energy, followed by a 1-minute waiting period, then two subsequent three-strike sets at 40-percent energy, with 1-minute waiting periods, before initiating continuous driving. Shutdown and Power-Down Measures WSDOT shall implement shutdown if a marine mammal is sighted within or approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if a large cetacean is not sighted for 30 minutes or if a small cetacean or pinniped is not sighted for 15 minutes after the shutdown. In addition, WSDOT would implement shutdown measure when Southern Resident killer whales (as identified by Orca Network, NMFS, or other qualified source) or when humpback whales are detected or are notified by local marine mammal researchers to approach the ZOIs during pile removal and pile driving, therefore preventing Level B takes of Southern Resident killer whales and humpback whales. If a killer whale approaches the ZOI during pile driving or removal, and it is unknown whether it is a Southern Resident killer whale or a transient killer whale, it shall be assumed to be a Southern Resident killer whale and WSDOT shall implement the shutdown measure. Finally, WSDOT would implement shutdown or measure to prevent Level B takes when the take of any other species or stock of marine mammal is approaching the limited take authorized under the IHA. Coordination With Local Marine Mammal Research Network Prior to the start of daily pile driving, the Orca Network and/or Center for Whale Research would be contacted to find out the location of the nearest marine mammal sightings. Daily sightings information can be found on the Orca Network Twitter site (https://twitter.com/orcanetwork), which would be checked several times a day. The Orca Sightings Network consists of a list of over 600 (and growing) residents, scientists, and government agency personnel in the U.S. and Canada. Sightings are called or emailed into the Orca Network and immediately distributed to other sighting networks including: the Northwest Fisheries Science Center of NMFS, the Center for Whale Research, Cascadia Research, the Whale Museum Hotline and the British Columbia Sightings Network. ``Sightings'' information collected by the Orca Network includes detection by hydrophone. The SeaSound Remote Sensing Network is a system of interconnected hydrophones installed in the marine environment of Haro Strait (west side of San Juan Island) to study orca communication, in-water noise, bottom-fish ecology and local climatic conditions. A hydrophone at the Port Townsend Marine Science Center measures average in-water sound levels and automatically detects unusual sounds. These passive acoustic devices allow researchers to hear when different marine mammals come into the region. This acoustic network, combined with the volunteer (incidental) visual sighting network allows researchers to document presence and location of various marine mammal species. With this level of coordination in the region of activity, WSDOT will be able to get real-time information on the presence or absence of whales before starting any pile driving. Mitigation Conclusions NMFS has carefully evaluated the mitigation measures proposed by WSDOT in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. NMFS does not believe any further mitigation measures are necessary to achieve this purpose. Our evaluation of potential measures included consideration of the following factors in relation to one another: The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals. The proven or likely efficacy of the specific measure to minimize adverse impacts as planned. The practicability of the measure for applicant implementation. Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below: (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal). (2) A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to received levels of pile driving and pile removal or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). (3) A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to received levels of pile driving and pile removal, or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). (4) A reduction in the intensity of exposures (either total number or number at biologically important time or location) to received levels of pile driving, or other activities expected to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only). (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time. (6) For monitoring directly related to mitigation--an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation. Based on our evaluation of the applicant's proposed measures, as well as other measures considered by NMFS, NMFS has determined that the 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 incidental take authorization (ITA) for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, ``requirements pertaining to the monitoring and reporting of such taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. WSDOT submitted a marine mammal monitoring plan as part of the IHA application. It can be found at [[Page 17443]] http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals: (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below; (2) An increase in our understanding of how many marine mammals are likely to be exposed to levels of pile driving that we associate with specific adverse effects, such as behavioral harassment, Temporary Threshold Shift (TTS), or Permanent Threshold Shift (PTS); (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods: [ssquf] Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information); [ssquf] Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information); [ssquf] Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli; (4) An increased knowledge of the affected species; and (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures. Monitoring Measures WSDOT shall employ NMFS-approved protected species observers (PSOs) to conduct marine mammal monitoring for its Coupeville timber towers preservation project. During pile removal and installation, land-based and vessel-based PSOs would monitor the area from the best observation points available. The number of PSOs will be based on the sizes of ensonified zones and on the number necessary to ensure that the entire zones are monitored. [ssquf] During 24-inch steel impact pile driving, two land-based PSOs monitors will monitor the exclusion zone and ZOI. Pile driving will be paused if any marine mammal approaches the exclusion zone, which equate to the 29-m Level A harassment zone for those species for which take is authorized and to the larger Level B harassment zone for all other species. [ssquf] During in-water construction using other heavy machinery (including vibratory pile removal), construction activities should be paused if any marine mammal approaches the 10-m exclusion zone surrounding the heavy equipment. [ssquf] During vibratory timber pile removal, two land-based PSOs will monitor the ZOI, as shown in Figure 2 of WSDOT's Marine Mammal Monitoring Plan. [ssquf] During 24-inch vibratory pile removal, 7 land-based PSOs and one monitoring boat with a PSO and boat operator will monitor the ZOI, as shown in Figure 3 of WSDOT's Marine Mammal Monitoring Plan. [ssquf] If weather prevents safe use of the boat in the main channel of the ZOI, the boat will be used in other areas of the ZOI that are safe, such as the southwest corner of the ZOI, and where lack of public access prevents stationing a land-based PSO. The PSOs would observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. If a PSO observes a marine mammal within or approaching the exclusion zone, the PSO would notify the work crew to initiate shutdown measures. Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power). To verify the required monitoring distance, the exclusion zones and ZOIs will be determined by using a range finder or hand-held global positioning system device. During the project, in-water measurements of vibratory pile removal and impact pile driving noises may be taken to determine if the ZOIs need to be modified. Reporting Measures WSDOT shall submit a final monitoring report within 90 days after completion of the construction work or the expiration of the IHA, whichever comes earlier. This report would detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. NMFS would have an opportunity to provide comments on the report, and if NMFS has comments, WSDOT would address the comments and submit a final report to NMFS within 30 days. In addition, NMFS requires WSDOT to notify NMFS' Office of Protected Resources and NMFS' Stranding Network within 48 hours of sighting an injured or dead marine mammal in the vicinity of the construction site. WSDOT shall provide NMFS with the species or description of the animal(s), the condition of the animal(s) (including carcass condition, if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available). In the event that WSDOT finds an injured or dead marine mammal that is not in the vicinity of the construction area, WSDOT would report the same information as listed above to NMFS as soon as operationally feasible. Estimated Take by Incidental Harassment Except with respect to certain activities not pertinent here, the MMPA defines ``harassment'' as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. In-water pile removal and pile driving (vibratory and impact) generate loud noises that could potentially harass marine mammals in the vicinity of WSDOT's proposed Coupeville timber tower preservation project. Currently NMFS uses 120 dB re 1 [mu]Pa and 160 dB re 1 [mu]Pa at the received levels for the onset of Level B harassment from non- impulse (vibratory pile driving and removal) and impulse sources (impact pile driving) underwater, respectively. Table 3 summarizes the current NMFS marine mammal take criteria. [[Page 17444]] Table 3--Current Acoustic Exposure Criteria for Non-explosive Sound Underwater ------------------------------------------------------------------------ Criterion Criterion definition Threshold ------------------------------------------------------------------------ Level A Harassment (Injury)... Permanent Threshold 180 dB re 1 Shift (PTS) (Any [mu]Pa level above that (cetaceans). which is known to 190 dB re 1 cause TTS). [mu]Pa (pinnipeds). root mean square (rms). Level B Harassment............ Behavioral Disruption 160 dB re 1 (for impulse noises). [mu]Pa (rms). Level B Harassment............ Behavioral Disruption 120 dB re 1 (for non-impulse [mu]Pa (rms). noise). ------------------------------------------------------------------------ As explained above, exclusion zones and ZOIs will be established that encompass the areas where received underwater sound pressure levels (SPLs) exceed the applicable thresholds for Level A and Level B harassments, respectively. With the exception of harbor seals, Steller sea lion, and harbor porpoise, it is anticipated that all of the marine mammals that enter the Level B acoustical harassment ZOIs will be exposed to pile driving and removal noise only as they are transiting the area. Only harbor seals, Steller sea lion, and harbor porpoise are expected to forage and haulout in the Coupeville ZOIs with any frequency and could be exposed multiple times during a project. As mentioned earlier, the distances to NMFS threshold for Level B (harassment) take for impact pile driving and vibratory pile removal were estimated as follows: ZOI-1: the 160 dB (rms) impact pile driving harassment threshold for 24'' steel = 631 m/1,523 ft. ZOI-2: the 120 dB (rms) vibratory harassment threshold for 12-inch timber vibratory pile removal: = ~2.3 km/1.4 mi. ZOI-3: the 120 dB (rms) vibratory harassment threshold for 24-inch steel vibratory pile removal: = ~32 km/20 mi (land is reached at ~31 km/19 mi). Airborne noises can affect pinnipeds, especially resting seals hauled out on rocks or sand spits. The 90 dB (rms) re 20 [mu]Pa harbor seal threshold was estimated at 126 ft/38 m, and the 100 dB (rms) re 20 [mu]Pa sea lion threshold at 40 ft/12 m. The closest documented harbor seal haulout is the Rat Island/ Kilisut Harbor Spit haulout in Port Townsend Bay, 5.5 miles southwest. The closest documented California sea lion haulout is a channel marker buoy located off Whidbey Island's Bush Point, 9 miles south. The closest documented Steller sea lion haulout is Craven Rock haulout, east of Marrowstone Island 5.5 miles south of the ferry terminal. Therefore, in-air disturbance could occur only to those pinnipeds moving on the surface through the immediate pier area, within approximately 126 ft/38 m and 40 ft/12 m of pile removal and driving. However, these individuals would also likely be exposed to underwater sound produced by the project. We do not consider potential effects from airborne noise further in this analysis. No Level A take is expected due to implementing monitoring and mitigation measures such as installing air bubble curtain device for all impact pile driving and implementing shut-down measures for marine mammals about to enter the exclusion zones. Incidental take for each species is estimated by determining the likelihood of a marine mammal being present within a ZOI during active pile driving or removal. Expected marine mammal presence is determined by past observations and general abundance near the project site during the construction window. Typically, potential take is estimated by multiplying the area of the ZOI by the local animal density. This provides an estimate of the number of animals that might occupy the ZOI at any given moment. However, there are no density estimates for any Puget Sound population of marine mammal. As a result, the take requests were estimated using local marine mammal data sets (e.g., The Whale Museum, Orca Network, state and federal agencies), opinions from state and federal agencies, and observations from WSDOT biologists. The calculation for marine mammal exposures is estimated by: Exposure estimate = N x days of pile driving/removal, where: N = # of animals based on long-term observations by local researchers. Specifically, daily marine mammal occurrence (N) for harbor seal, Steller sea lion, and harbor porpoise are based on the observation data from the Orca Network (WSDOT 2015). Daily marine mammal occurrence for Dall's porpoise, transient killer whale, gray whale, and minke whale are based on the observation data from the Whale Museum (WSDOT 2015). The occurrence of the rest of the marine mammal species which do not frequently occur in the proposed project area are based on limited sighting occurrences over the years (WSDOT 2015). Using this approach, a summary of estimated takes of marine mammals incidental to WSDOT's Coupeville Timber Towers Preservation Project are provided in Table 4. Table 4--Estimated Numbers of Marine Mammals That May Be Exposed to Received Noise Levels That Could Cause Level B Behavioral Harassment ---------------------------------------------------------------------------------------------------------------- Estimated Species marine mammal Abundance Percentage takes ---------------------------------------------------------------------------------------------------------------- Pacific harbor seal.......................................... 256 11,036 2.3 California sea lion.......................................... 16 296,750 0.01 Steller sea lion............................................. 328 63,160 0.6 Northern elephant seal....................................... 16 74,913 0.02 Harbor porpoise.............................................. 440 10,682 4.1 Dall's porpoise.............................................. 24 42,000 0.06 Killer whale, transient...................................... 48 243 19.7 Pacific white-sided dolphin.................................. 16 29,930 0.05 Gray whale................................................... 8 19,126 0.04 Minke whale.................................................. 16 202 7.9 ---------------------------------------------------------------------------------------------------------------- [[Page 17445]] Analysis and Determinations Negligible Impact Negligible impact is ``an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival'' (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population- level effects). An estimate of the number of Level B harassment takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be ``taken'' through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat. WSDOT's proposed Coupeville timber tower preservation project would involve vibratory pile removal and impact pile driving activities. Elevated underwater noises are expected to be generated as a result of these activities; however, these noises are expected to result in no mortality or Level A harassment and limited Level B harassment of marine mammals. WSDOT would employ an attenuation device (e.g., air bubble curtain) during impact pile driving, thus eliminating the potential for injury (including PTS) and TTS from noise impact. For vibratory pile removal, noise levels are not expected to reach the level that may cause TTS, injury (including PTS), or mortality to marine mammals. Therefore, NMFS does not expect that any animals would experience Level A harassment (including injury or PTS) or Level B harassment in the form of TTS from being exposed to in-water pile removal and pile driving associated with WSDOT's construction project. Additionally, the sum of noise from WSDOT's proposed Coupeville timber tower preservation construction activities is confined to a limited area by surrounding landmasses; therefore, the noise generated is not expected to contribute to increased ocean ambient noise. In addition, due to shallow water depths in the project area, underwater sound propagation of low-frequency sound (which is the major noise source from pile driving) is expected to be poor and the area affected by underwater sound may be smaller than is assumed here. In addition, WSDOT's proposed activities are localized and of short duration. The entire project area is limited to WSDOT's Coupeville timber towers preservation construction work. The entire project duration for the construction would involve 12 hours in 8 days. These low-intensity, localized, and short-term noise exposures may cause brief startle reactions or short-term behavioral modification by the animals. These reactions and behavioral changes are expected to subside quickly when the exposures cease. Moreover, the required mitigation and monitoring measures are expected to reduce potential exposures and behavioral modifications even further. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of ESA-listed species (Southern Resident killer whales and humpback whales). Additionally, no important feeding and/or reproductive areas for marine mammals are known to be near the proposed action area (Calambokidis et al. 2015). Therefore, the take resulting from the proposed Coupeville timber tower preservation work is not reasonably expected to, and is not reasonably likely to, adversely affect the marine mammal species or stocks through effects on annual rates of recruitment or survival. The proposed project area is not a prime habitat for marine mammals, nor is it considered an area frequented by marine mammals. Therefore, behavioral disturbances that could result from anthropogenic noise associated with WSDOT's construction activities are expected to affect marine mammals on an infrequent and limited basis. The project also is not expected to have significant adverse effects on affected marine mammals' habitat, as analyzed in detail in the ``Anticipated Effects on Marine Mammal Habitat'' section. The project activities would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the required monitoring and mitigation measures, NMFS finds that the total marine mammal take from WSDOT's Coupeville timber tower preservation project will have a negligible impact on the affected marine mammal species or stocks. Small Number Based on analyses provided above, it is estimated that approximately 256 harbor seals, 16 California sea lions, 328 Steller sea lions, 16 northern elephant seals, 440 harbor porpoises, 24 Dall's porpoises, 48 transient killer whales, 16 Pacific white-sided dolphins, 8 gray whales, and 16 minke whales could be exposed to received noise levels that could cause Level B behavioral harassment from the proposed construction work at the Coupeville Ferry Terminal in Washington State. These numbers represent approximately 0.02% to 19.7% of the populations of these species that could be affected by Level B behavioral harassment, respectively (see Table 4 above), which are small percentages relative to the total populations of the affected species or stocks. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks. Impact on Availability of Affected Species for Taking for Subsistence Uses There are no subsistence uses of marine mammals in the proposed project area; and, thus, no subsistence uses impacted by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. Endangered Species Act (ESA) The humpback whale and the Southern Resident stock of killer whale are the only marine mammal species currently listed under the ESA that could occur in the vicinity of WSDOT's proposed construction projects. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of these ESA-listed species. NMFS' Permits and Conservation Division coordinated with NMFS West Coast Regional Office (WCRO) and [[Page 17446]] reviewed the WSDOT's proposed monitoring and mitigation measures and determined that with the implementation of these measures, ESA-listed species would not be affected. Therefore, WCRO concurs that section 7 consultation under the ESA is not warranted for the issuance of the IHA. National Environmental Policy Act (NEPA) NMFS prepared an Environmental Assessment (EA) and analyzed the potential impacts to marine mammals that would result from WSDOT's Coupeville Timber Tower preservation project. A Finding of No Significant Impact (FONSI) was signed in March 2016. A copy of the EA and FONSI is available on the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/ (see ADDRESSES). Authorization As a result of these determinations, NMFS has issued an IHA to WSDOT for the harassment of small numbers of 10 marine mammal species incidental to the construction work associated to the Coupeville Timber Tower preservation project in Washington State, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: March 24, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-07078 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices 17439
Horizon incident. Under this proposed SUMMARY: In accordance with authorizations for the incidental
settlement, BP would pay a total of $8.1 regulations implementing the Marine harassment of marine mammals. Within
billion for restoration to address natural Mammal Protection Act (MMPA) as 45 days of the close of the comment
resource injuries (this includes $1 amended, notification is hereby given period, NMFS must either issue or deny
billion already committed for early that NMFS has issued an Incidental the authorization.
restoration), plus up to an additional Harassment Authorization (IHA) to the Summary of Request
$700 million to respond to natural Washington State Department of
resource damages unknown at the time Transportation (WSDOT) to take, by On June 9, 2015 WSDOT submitted a
of the settlement and/or to provide for harassment, small numbers of 10 request to NOAA requesting an IHA for
adaptive management. The proposed species of marine mammals incidental the possible harassment of small
Consent Decree for the proposed to construction activities for the numbers of marine mammal species
settlement was the subject of a separate Coupeville Timber Tower Preservation incidental to construction associated
public notice and comment process; the Project in Washington State, between with the Coupeville Timber Towers
Notice of Lodging of the proposed July 15, 2016, and July 14, 2017. Preservation Project at the Coupeville
Consent Decree under the Clean Water DATES: This authorization is effective
Ferry Terminal in Washington State,
Act and Oil Pollution Act was from July 15, 2016, through July 14, between July 15, 2016, and July 14,
published in the Federal Register on 2017. On September 22, WSDOT
2017.
October 5, 2015 (80 FR 60180). submitted a revised IHA application
FOR FURTHER INFORMATION CONTACT: which incorporated rigorous monitoring
Administrative Record Shane Guan, Office of Protected and mitigation measures that would
The documents included in the Resources, NMFS, (301) 427–8401. prevent the take of humpback whales
Administrative Record for the final SUPPLEMENTARY INFORMATION: and the Southern Resident killer
PDARP/PEIS decision can be viewed Background whales, which are listed under the
electronically at the following location: Endangered Species Act (ESA). The
Sections 101(a)(5)(A) and (D) of the revised IHA application requests the
http://www.doi.gov/deepwaterhorizon/
MMPA (16 U.S.C. 1361 et seq.) direct take of small numbers of 10 marine
adminrecord.
The Trustees opened a publicly the Secretary of Commerce to allow, mammal species incidental to the
available Administrative Record for the upon request, the incidental, but not Coupeville Timber Towers Preservation
Natural Resource Damage Assessment intentional, taking of small numbers of Project. NMFS determined that the IHA
for the Deepwater Horizon oil spill, marine mammals by U.S. citizens who application was complete on October 1,
including restoration planning engage in a specified activity (other than 2015. NMFS proposed to authorize the
activities, concurrently with publication commercial fishing) within a specified Level B harassment of the following
of a 2010 Notice of Intent to Conduct geographical region if certain findings marine mammal species/stocks: harbor
Restoration Planning (75 FR 60802) are made and either regulations are seal, California sea lion, Steller sea lion
(pursuant to 15 CFR 990.45). issued or, if the taking is limited to (eastern Distinct Population Segment, or
harassment, a notice of a proposed DPS), northern elephant seal, killer
Authorities authorization is provided to the public whale (West Coast transient stock), gray
The authorities for this action are the for review. whale, minke whale, harbor porpoise,
Oil Pollution Act of 1990 (33 U.S.C. An authorization for incidental Dall’s porpoise, and Pacific white-sided
2701 et seq.) and the implementing takings shall be granted if NMFS finds dolphin.
Natural Resource Damage Assessment that the taking will have a negligible
impact on the species or stock(s), will Description of the Specified Activity
regulations found at 15 CFR part 990,
and the National Environmental Policy not have an unmitigable adverse impact A detailed description of the
Act of 1969 (42 U.S.C. 4321 et seq.). on the availability of the species or WSDOT’s Coupeville Timber Towers
stock(s) for subsistence uses (where Preservation Project is provided in the
Dated: March 23, 2016.
relevant), and if the permissible Federal Register notice for the proposed
Eileen Sobeck, methods of taking and requirements IHA (81 FR 3378; January 21, 2016).
Assistant Administrator for Fisheries, pertaining to the mitigation, monitoring WSDOT proposes to conduct
National Marine Fisheries Service. and reporting of such takings are set Coupeville Timber Towers Preservation
[FR Doc. 2016–06979 Filed 3–28–16; 8:45 am] forth. NMFS has defined ‘‘negligible Project at the Washington Coupeville
BILLING CODE 3510–22–P impact’’ in 50 CFR 216.103 as ‘‘. . . an Ferry Terminal on Whidbey Island,
impact resulting from the specified Washington (Figure 1–2 of the IHA
activity that cannot be reasonably application), to upgrade the existing
DEPARTMENT OF COMMERCE expected to, and is not reasonably likely transfer span towers at the Coupeville
to, adversely affect the species or stock Ferry Terminal. These activities include
National Oceanic and Atmospheric
through effects on annual rates of impact pile driving and vibratory pile
Administration
recruitment or survival.’’ removal.
RIN 0648–XE234 Section 101(a)(5)(D) of the MMPA Eight 24-inch diameter hollow steel
established an expedited process by piles would be installed to support the
Taking of Marine Mammals Incidental which citizens of the U.S. can apply for towers, and concrete caps will be
to Specified Activities; Coupeville a one-year authorization to incidentally installed on top of the towers in order
Timber Towers Preservation Project
mstockstill on DSK4VPTVN1PROD with NOTICES
take small numbers of marine mammals to support the headframe that houses
AGENCY: National Marine Fisheries by harassment, provided that there is no the pulleys for the transfer span cables.
Service (NMFS), National Oceanic and potential for serious injury or mortality Five to seven 12-inch timber piles
Atmospheric Administration (NOAA), to result from the activity. Section would be removed to allow room for the
Commerce. 101(a)(5)(D) establishes a 45-day time new steel piles to be installed. The
limit for NMFS review of an application remaining tower timber piles would
ACTION: Notice; issuance of an incidental
followed by a 30-day public notice and remain in place to help support the
take authorization.
comment period on any proposed structure. Up to 6 temporary 24-inch
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![Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices 17443
http://www.nmfs.noaa.gov/pr/permits/ and on the number necessary to ensure completion of the construction work or
incidental.htm. that the entire zones are monitored. the expiration of the IHA, whichever
Monitoring measures prescribed by D During 24-inch steel impact pile comes earlier. This report would detail
NMFS should accomplish one or more driving, two land-based PSOs monitors the monitoring protocol, summarize the
of the following general goals: will monitor the exclusion zone and data recorded during monitoring, and
(1) An increase in the probability of ZOI. Pile driving will be paused if any estimate the number of marine
detecting marine mammals, both within marine mammal approaches the mammals that may have been harassed.
the mitigation zone (thus allowing for exclusion zone, which equate to the 29- NMFS would have an opportunity to
more effective implementation of the m Level A harassment zone for those provide comments on the report, and if
mitigation) and in general to generate species for which take is authorized and NMFS has comments, WSDOT would
more data to contribute to the analyses to the larger Level B harassment zone address the comments and submit a
mentioned below; for all other species. final report to NMFS within 30 days.
(2) An increase in our understanding D During in-water construction using In addition, NMFS requires WSDOT
of how many marine mammals are other heavy machinery (including to notify NMFS’ Office of Protected
likely to be exposed to levels of pile vibratory pile removal), construction Resources and NMFS’ Stranding
driving that we associate with specific activities should be paused if any Network within 48 hours of sighting an
adverse effects, such as behavioral marine mammal approaches the 10-m injured or dead marine mammal in the
harassment, Temporary Threshold Shift exclusion zone surrounding the heavy vicinity of the construction site.
(TTS), or Permanent Threshold Shift equipment. WSDOT shall provide NMFS with the
(PTS); D During vibratory timber pile species or description of the animal(s),
(3) An increase in our understanding removal, two land-based PSOs will the condition of the animal(s) (including
of how marine mammals respond to monitor the ZOI, as shown in Figure 2 carcass condition, if the animal is dead),
stimuli expected to result in take and of WSDOT’s Marine Mammal location, time of first discovery,
how anticipated adverse effects on Monitoring Plan. observed behaviors (if alive), and photo
D During 24-inch vibratory pile or video (if available).
individuals (in different ways and to
removal, 7 land-based PSOs and one
varying degrees) may impact the In the event that WSDOT finds an
monitoring boat with a PSO and boat
population, species, or stock injured or dead marine mammal that is
operator will monitor the ZOI, as shown
(specifically through effects on annual not in the vicinity of the construction
in Figure 3 of WSDOT’s Marine
rates of recruitment or survival) through area, WSDOT would report the same
Mammal Monitoring Plan.
any of the following methods: information as listed above to NMFS as
D If weather prevents safe use of the
D Behavioral observations in the boat in the main channel of the ZOI, the
soon as operationally feasible.
presence of stimuli compared to boat will be used in other areas of the Estimated Take by Incidental
observations in the absence of stimuli ZOI that are safe, such as the southwest Harassment
(need to be able to accurately predict corner of the ZOI, and where lack of
received level, distance from source, Except with respect to certain
public access prevents stationing a land-
and other pertinent information); activities not pertinent here, the MMPA
based PSO.
D Physiological measurements in the The PSOs would observe and collect defines ‘‘harassment’’ as: any act of
presence of stimuli compared to data on marine mammals in and around pursuit, torment, or annoyance which (i)
observations in the absence of stimuli the project area for 30 minutes before, has the potential to injure a marine
(need to be able to accurately predict during, and for 30 minutes after all pile mammal or marine mammal stock in the
received level, distance from source, removal and pile installation work. If a wild [Level A harassment]; or (ii) has
and other pertinent information); PSO observes a marine mammal within the potential to disturb a marine
D Distribution and/or abundance or approaching the exclusion zone, the mammal or marine mammal stock in the
comparisons in times or areas with PSO would notify the work crew to wild by causing disruption of behavioral
concentrated stimuli versus times or initiate shutdown measures. Monitoring patterns, including, but not limited to,
areas without stimuli; of marine mammals around the migration, breathing, nursing, breeding,
(4) An increased knowledge of the construction site shall be conducted feeding, or sheltering [Level B
affected species; and using high-quality binoculars (e.g., harassment].
(5) An increase in our understanding Zeiss, 10 × 42 power). To verify the In-water pile removal and pile driving
of the effectiveness of certain mitigation required monitoring distance, the (vibratory and impact) generate loud
and monitoring measures. exclusion zones and ZOIs will be noises that could potentially harass
determined by using a range finder or marine mammals in the vicinity of
Monitoring Measures WSDOT’s proposed Coupeville timber
hand-held global positioning system
WSDOT shall employ NMFS- device. tower preservation project.
approved protected species observers During the project, in-water Currently NMFS uses 120 dB re 1 mPa
(PSOs) to conduct marine mammal measurements of vibratory pile removal and 160 dB re 1 mPa at the received
monitoring for its Coupeville timber and impact pile driving noises may be levels for the onset of Level B
towers preservation project. During pile taken to determine if the ZOIs need to harassment from non-impulse (vibratory
removal and installation, land-based be modified. pile driving and removal) and impulse
and vessel-based PSOs would monitor sources (impact pile driving)
Reporting Measures
mstockstill on DSK4VPTVN1PROD with NOTICES
the area from the best observation points underwater, respectively. Table 3
available. The number of PSOs will be WSDOT shall submit a final summarizes the current NMFS marine
based on the sizes of ensonified zones monitoring report within 90 days after mammal take criteria.
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![17446 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
reviewed the WSDOT’s proposed DATES: Applications must be Lobbyists to Federal Advisory
monitoring and mitigation measures and postmarked or electronically Committees, Boards, and Commissions,
determined that with the transmitted on or before May 13, 2016. 79 FR 47482 (Aug. 13, 2014). No
implementation of these measures, ESA- ADDRESSES: Persons may submit member may be an agent of a foreign
listed species would not be affected. applications, with the information principal required to register pursuant
Therefore, WCRO concurs that section 7 specified below, to David J. Reed, to the Foreign Agents Registration Act of
consultation under the ESA is not Designated Federal Officer, by email to 1938, as amended (codified at 22 U.S.C.
warranted for the issuance of the IHA. dreed@ntia.doc.gov or by U.S. mail or 611 et seq.).
commercial delivery service to Office of The Secretary of Commerce appoints
National Environmental Policy Act
Spectrum Management, National members of the committee who serve at
(NEPA)
Telecommunications and Information the Secretary’s pleasure and discretion
NMFS prepared an Environmental Administration, 1401 Constitution for up to a two-year term and may be
Assessment (EA) and analyzed the Avenue NW., Room 4600, Washington, reappointed for additional terms. NTIA
potential impacts to marine mammals DC 20230. currently seeks applicants for new two-
that would result from WSDOT’s FOR FURTHER INFORMATION CONTACT: year terms that will commence in
Coupeville Timber Tower preservation David J. Reed at (202) 482–5955 or August 2016 and continue through
project. A Finding of No Significant dreed@ntia.doc.gov. August 2018, subject to the anticipated
Impact (FONSI) was signed in March SUPPLEMENTARY INFORMATION: The timely renewal of the committee’s
2016. A copy of the EA and FONSI is Commerce Spectrum Management charter or its termination by proper
available on the internet at: http://www. Advisory Committee has been authority.
nmfs.noaa.gov/pr/permits/incidental/ established and chartered by the The committee’s membership will be
(see ADDRESSES). Department of Commerce under the fairly balanced in terms of the points of
Authorization Federal Advisory Committee Act view represented by members and the
(FACA), 5 U.S.C. App. 2, and pursuant functions to be performed. Accordingly,
As a result of these determinations, its membership will reflect a balanced
to section 105(b) of the National
NMFS has issued an IHA to WSDOT for cross-section of interests in spectrum
Telecommunications and Information
the harassment of small numbers of 10 management and policy, including non-
Administration Organization Act, as
marine mammal species incidental to federal spectrum users; state, regional,
amended, 47 U.S.C. 904(b). The
the construction work associated to the and local sectors; technology developers
Department of Commerce re-chartered
Coupeville Timber Tower preservation and manufacturers; academia; civil
the CSMAC on March 3, 2015, for a two-
project in Washington State, provided society; and service providers with
year period. The CSMAC advises the
the previously mentioned mitigation, customers in both domestic and
Assistant Secretary of Commerce for
monitoring, and reporting requirements international markets. A description of
Communications and Information on a
are incorporated. factors that will be considered to
broad range of issues regarding
Dated: March 24, 2016. spectrum policy. In particular, the determine each applicant’s expertise is
Donna S. Wieting, current charter provides that the contained in the committee’s
Director, Office of Protected Resources, committee will provide advice and Membership Balance Plan (available at
National Marine Fisheries Service. recommendations on needed reforms to http://www.ntia.doc.gov/other-
[FR Doc. 2016–07078 Filed 3–28–16; 8:45 am] domestic spectrum policies and publication/2013/csmac-membership-
BILLING CODE 3510–22–P management in order to: License radio balance-plan).
frequencies in a way that maximizes In particular, NTIA seeks applicants
their public benefit; keep wireless with strong technical and engineering
DEPARTMENT OF COMMERCE networks as open to innovation as knowledge and experience, familiarity
possible; and make wireless services with commercial or private wireless
National Telecommunications and available to all Americans. The CSMAC technologies and associated businesses,
Information Administration functions solely as an advisory body in or expertise with specific applications
compliance with the FACA. Additional of wireless technologies. The Secretary
Commerce Spectrum Management may consider factors including, but not
information about the CSMAC and its
Advisory Committee; Call for limited to, educational background, past
activities may be found at http://www.
Applications work or academic accomplishments,
ntia.doc.gov/category/csmac.
AGENCY: National Telecommunications Under the terms of the committee’s and the industry sector in which a
and Information Administration, U.S. charter, it will have no fewer than five member is currently or previously
Department of Commerce. (5) members and no more than thirty employed. All appointments are made
ACTION: Notice; Call for applications to (30) members. The members serve on without discrimination on the basis of
serve on advisory committee. the CSMAC in the capacity of Special age, ethnicity, gender, sexual
Government Employee (SGE). As SGEs, orientation, disability, cultural,
SUMMARY: The National members must comply with certain religious, or socioeconomic status.
Telecommunications and Information federal conflict of interest statutes and Each application must include the
Administration (NTIA) is seeking ethics regulations, including some applicant’s full name, address,
applications from persons interested in financial disclosure requirements. telephone number and email address,
mstockstill on DSK4VPTVN1PROD with NOTICES
serving on the Department of Commerce Members will not receive compensation along with a summary of the applicant’s
Spectrum Management Advisory or reimbursement for travel or for per qualifications that identifies, with
Committee (CSMAC or committee) for diem expenses. No member may be a specificity, how his or her education,
two-year terms. The CSMAC provides registered federal lobbyist pursuant to training, experience, expertise, or other
advice to the Assistant Secretary for the Lobbying Disclosure Act of 1995 factors would support the CSMAC’s
Communications and Information and (codified at 2 U.S.C. 1601 et seq.). See work and how his or her participation
NTIA Administrator on spectrum policy Office of Management and Budget, would help achieve the balance factors
matters. Revised Guidance on Appointment of described above. Each application must
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Document Created: 2016-03-30 08:28:51
Document Modified: 2016-03-30 08:28:51
| 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 take authorization. | |
| Dates | This authorization is effective from July 15, 2016, through July 14, 2017. | |
| Contact | Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 81 FR 17439 | |
| RIN Number | 0648-XE23 |
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