81 FR 52637 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range		52637-52645
FR Document		2016-18846

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 the bravo wharf recapitalization project at Naval Station Mayport, FL.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)

[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52637-52645]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-18846]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE271

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

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

ACTION: Notice; issuance of an incidental harassment authorization.

-----------------------------------------------------------------------

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 the bravo wharf
recapitalization project at Naval Station Mayport, FL.

DATES: This authorization is effective from December 1, 2016, through
November 30, 2017.

FOR FURTHER INFORMATION CONTACT: Laura McCue, 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 (2016) 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 July 21, 2015, we received a request from the Navy for
authorization of the taking, by Level B harassment only, of marine
mammals, incidental to pile driving in association with the Bravo Wharf
recapitalization project at Naval Station Mayport (NSM), Florida.

[[Page 52638]]

That request was modified on November 4 and November 10, and a final
version, which we deemed adequate and complete, was submitted on
November 17. In-water work associated with the project is expected to
be completed within the one-year timeframe of the IHA (December 1, 2016
through November 30, 2017).
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. One species of marine mammal
has the potential to be affected by the specified activities:
Bottlenose dolphin (Tursiops truncatus truncatus). This species may
occur year-round in the action area.
Similar wharf construction and pile driving activities in Naval
Station Mayport have been authorized by NMFS in the past for a
different construction project at Wharf C. The first authorization was
effective between September 1, 2014 through August 31, 2015 (79 FR
27863; May 5, 2014), and the second authorization, which is currently
ongoing, is effective from September 8, 2015 through September 7, 2016
(80 FR 55598; September 16, 2015).

Description of the Specified Activity

Overview

Bravo Wharf is a medium draft, general purpose berthing wharf that
was constructed in 1970 and lies at the western edge of the NSM turning
basin. Bravo Wharf is approximately 2,000 ft long, 125 ft wide, and has
a berthing depth of 50 ft mean lower low water. The wharf is one of two
primary deep draft berths at the basin and is capable of berthing ships
up to and including large amphibious ships; it is one of three primary
ordnance handling berths at the basin. The wharf is a diaphragm steel
sheet pile cell structure with a concrete apron, partial concrete
encasement of the piling and asphalt paved deck. The wharf is currently
in poor condition due to advanced deterioration of the steel sheeting
and lack of corrosion protection. 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 Bravo Wharf. Please refer to the Navy's application for a
schematic of the project plan.

Dates and Duration

The total project is expected to require a maximum of 130 days of
in-water pile driving. The project may require up to 24 months for
completion; in-water activities are limited to a maximum of 130 days,
separated into two phases. If in-water work will extend beyond the
effective dates of the IHA, a second IHA application will be submitted
by the Navy. There will be a maximum of 110 days for vibratory pile
driving (73 days in phase I and 37 days in phase II), and a contingent
20 days of impact pile driving. The specified activities are expected
to occur between December 1, 2016 and November 30, 2017.

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 16 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). Bravo Wharf is located in the
western corner of the Mayport turning basin.

Detailed Description of Activities

In order to rehabilitate Bravo Wharf, the Navy proposes to install
a new steel sheet pile bulkhead at Bravo Wharf. The project consists of
installing a total of approximately 880 single sheet piles (Phase I--
berths B-2 and B-3: 590; Phase II--berth B-1: 290). The wall will be
anchored at the top and fill consisting of clean gravel and flowable
concrete fill will be placed behind the wall. A concrete cap will be
formed along the top and outside face of the wall 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.
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. The Navy estimates that a total of 130 in-water
work days may be required to complete pile driving activity, which
includes 20 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 December 7, 2015 (80 FR 75978).
We received one comment, a letter from the Marine Mammal Commission
concurring with NMFS's preliminary findings.
Comment: The Commission recommends the issuance of the IHA, subject
to the inclusion of the proposed mitigation, monitoring, and reporting
measures.
Response: We value the Commission's input and support and
appreciate their concurrence with our findings. We look forward to
working with them on similar issues in the future.

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 (Stenella frontalis), 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 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/

[[Page 52639]]

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 November 2, 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 (December 7, 2015; 80 FR 75978). For reasons discussed in
detail in the notice of proposed authorization, right whales, humpback
whales, and spotted dolphins 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale......... Western North Atlantic E/D; Y 476 (0; 476; 2013).... 1 4.3 Rare inshore, regular
\5\. near/offshore; Nov-
Apr.
Humpback whale..................... Gulf of Maine......... E/D; Y 823 (0; 823; 2008).... 2.7 7.6 Rare; Fall-Spring.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic spotted dolphin........... Western North Atlantic -; N 44,715 (0.43; 31,610; 316 0 Rare; year-round.
2011).
Common bottlenose dolphin.......... Western North Atlantic -; N 77,532 (0.4; 56,053; 561 43.9 Rare; year-round.
Offshore. 2011).
Western North Atlantic -/D; Y 9,173 (0.46; 6,326; 63 0-12 Possibly common; \8\
Coastal, Southern 2010-11). Jan-Mar.
Migratory.
Western North Atlantic -/D; Y 1,219 (0.67; 730; 2010- 7 0.4 Possibly common; \8\
Coastal, Northern 11). year-round.
Florida.
Jacksonville Estuarine -; Y 412 \7\ (0.06; unk; undet 1.2 Possibly common; \8\
System.\6\ 1994-97). year-round.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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.
\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. All
values presented here are from the draft 2015 SARs (www.nmfs.noaa.gov/pr/sars/draft.htm).
\5\ Abundance estimates (and resulting PBR values) for these stocks are new values presented in the draft 2015 SARs. This information was made available
for public comment and is currently under review and therefore may be revised prior to finalizing the 2015 SARs. However, we consider this information
to be the best available for use in this document.
\6\ 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.
\7\ This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals.
\8\ 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 (December 7,
2015; 80 FR 75978) 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

[[Page 52640]]

zones of influence (ZOI; see Estimated Take by Incidental Harassment);
these 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 sound
pressure levels (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 in our notice of
proposed authorization, 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 Proposed
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 15 minutes prior to initiation
through 30 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 30 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;
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.
(2) Prior to the start of pile driving activity, the shutdown zone
will be monitored for 15 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

[[Page 52641]]

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 15 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 30 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 proposed mitigation measures
provide the means of effecting the least practicable impact on marine
mammal species or stocks and their habitat, paying particular attention
to rookeries, mating grounds, and areas of similar significance.

Monitoring and Reporting

In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
incidental take authorizations must include the suggested means of
accomplishing the necessary monitoring and reporting that will result
in increased knowledge of the species and of the level of taking or
impacts on populations of marine mammals that are expected to be
present in the proposed action area.
Any monitoring requirement we prescribe should improve our
understanding of one or more of the following:
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 (MMOs) 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 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.

[[Page 52642]]

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. The 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 90 days of the
completion of marine mammal monitoring, or 60 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 30 days following resolution of
comments on the draft report.

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 considered important habitat for marine
mammals, as it is a man-made, semi-enclosed basin with frequent
industrial activity and regular maintenance dredging. The surrounding
waters may be an important foraging habitat for the dolphins; however
the small area of ensonification does not extend outside of the turning
basin and into this foraging habitat (see Figure 6-1 in the Navy's
application). 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 that
may venture near the turning basin, 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 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

[[Page 52643]]

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
----------------------------------------------------------------------------------------------------------------
Distance (m)
Pile type Method Threshold \1\ Area (km\2\)
----------------------------------------------------------------------------------------------------------------
Steel sheet piles................. Vibratory............ Level A harassment 0 0
(180 dB).
Level B harassment 1,166 0.614439
(120 dB)
Impact............... Level A harassment 40 0.002
(180 dB).
Level B harassment 858 0.51
(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 and 6-2 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 and 6-2 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

For all species, the best scientific information available was
considered for use in the marine mammal take assessment calculations.
Density for bottlenose dolphins is derived from site-specific surveys
conducted by the Navy (see Appendix C of the Navy's application for
more information); 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 110 total days of vibratory driving (73 days
in phase I and 37 days in phase II) and 20 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. See Table 3 for total
estimated incidents of take.

Table 3--Calculations for Incidental Take Estimation
----------------------------------------------------------------------------------------------------------------
Proposed
Species n (animals/ Activity n * ZOI \1\ authorized
km\2\) takes \2\
----------------------------------------------------------------------------------------------------------------
Phase I (73 days)
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin \3\................ 4.15366 Vibratory driving....... 3 219
----------------------------------------------------------------------------------------------------------------
Phase II (37 days)
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin \3\................ 4.15366 Vibratory driving....... 3 111
----------------------------------------------------------------------------------------------------------------

[[Page 52644]]

Contingency impact driving (20 days)
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin \3\................ 4.15366 Impact driving.......... 2 40
----------------------------------------------------------------------------------------------------------------
Total exposures................... .............. ........................ .............. 370
----------------------------------------------------------------------------------------------------------------
\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 it 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. These activities are also
nearly identical to the pile driving activities that took place at
Wharf C-2 at NSM, which also reported zero 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
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

[[Page 52645]]

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 370 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 one of the bottlenose
dolphin stocks, the total predicted number of incidents of take
authorized would be considered small--approximately four percent for
the southern migratory 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 Jacksonville
Estuarine Stock (JES) or northern Florida coastal stocks, is higher
relative to the total stock abundance, which is currently considered
unknown for the JES stock and is 1,219 for the northern Florida coastal
stock. 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 these bottlenose dolphins will 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.
In the western North Atlantic, the Northern Florida Coastal Stock
is present in coastal Atlantic waters from the Georgia/Florida border
south to 29.4[deg] N. (Waring et al., 2014), a span of more than 90
miles. There is no obvious boundary defining the offshore extent of
this stock. They occur in waters less than 20 m deep; however, they may
also occur in lower densities over the continental shelf (waters
between 20 m and 100 m depth) and overlap spatially with the offshore
morphotype (Waring et al., 2014).
In summary, JES dolphins are known to form two groups and exhibit
strong site fidelity (i.e., individuals do not generally range
throughout the recognized overall JES stock range); and neither stock
is expected to occur at all in a significant portion of the larger ZOI,
which is almost entirely confined within NSM. Given that 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 is 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 bravo wharf recapitalization 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) in July, 2016. The 2016 NEPA documents are available 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 at the Bravo
Wharf at NSM, Jacksonville, FL for one year of issuance, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.

Dated: August 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-18846 Filed 8-8-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52637

FOR FURTHER INFORMATION CONTACT. DEPARTMENT OF COMMERCE The incidental taking of small
Copies of the most recent evaluation numbers of marine mammals may be
findings may also be downloaded or National Oceanic and Atmospheric allowed only if NMFS (through
viewed on the Internet at http:// Administration authority delegated by the Secretary)
coast.noaa.gov/czm/evaluations. finds that the total taking by the
RIN 0648–XE271
specified activity during the specified
SUPPLEMENTARY INFORMATION: Section time period will (i) have a negligible
Takes of Marine Mammals Incidental to
312 of the Coastal Zone Management impact on the species or stock(s) and (ii)
Specified Activities; Taking Marine
Act (CZMA) requires NOAA to conduct not have an unmitigable adverse impact
Mammals Incidental to the Bravo
periodic evaluations of federally on the availability of the species or
Wharf Recapitalization Project
approved state and territorial coastal stock(s) for subsistence uses (where
programs. The process includes one or AGENCY: National Marine Fisheries relevant). Further, the permissible
more public meetings, consideration of Service (NMFS), National Oceanic and methods of taking and requirements
written public comments and Atmospheric Administration (NOAA), pertaining to the mitigation, monitoring
consultations with interested Federal, Commerce. and reporting of such taking must be set
state, and local agencies and members of ACTION: Notice; issuance of an incidental forth, either in specific regulations or in
the public. During the evaluation, harassment authorization. an authorization.
NOAA will consider the extent to which The allowance of such incidental
the state has met the national objectives, SUMMARY: In accordance with the taking under section 101(a)(5)(A), by
regulations implementing the Marine harassment, serious injury, death, or a
adhered to the management program
Mammal Protection Act (MMPA) as combination thereof, requires that
approved by the Secretary of Commerce,
amended, notification is hereby given regulations be established.
and adhered to the terms of financial Subsequently, a Letter of Authorization
that we have issued an incidental
assistance under the CZMA. When the may be issued pursuant to the
harassment authorization (IHA) to the
evaluation is completed, NOAA’s Office U.S. Navy (Navy) to incidentally harass prescriptions established in such
for Coastal Management will place a marine mammals during construction regulations, providing that the level of
notice in the Federal Register activities associated with the bravo taking will be consistent with the
announcing the availability of the Final wharf recapitalization project at Naval findings made for the total taking
Evaluation Findings. Station Mayport, FL. allowable under the specific regulations.
Specific information on the periodic DATES: This authorization is effective Under section 101(a)(5)(D), NMFS may
evaluation of the state and territorial from December 1, 2016, through authorize such incidental taking by
coastal program that is the subject of November 30, 2017. harassment only, for periods of not more
this notice is detailed below as follows: than one year, pursuant to requirements
FOR FURTHER INFORMATION CONTACT:
and conditions contained within an
New Hampshire Coastal Management Laura McCue, Office of Protected IHA. The establishment of prescriptions
Program Evaluation Resources, NMFS, (301) 427–8401. through either specific regulations or an
SUPPLEMENTARY INFORMATION: authorization requires notice and
You may participate or submit oral opportunity for public comment.
Availability
comments at the public meeting NMFS has defined ‘‘negligible
scheduled as follows: An electronic copy of the Navy’s impact’’ in 50 CFR 216.103 as ‘‘. . . an
Date: September 20, 2016. application and supporting documents, impact resulting from the specified
as well as a list of the references cited activity that cannot be reasonably
Time: 1:00 p.m., local time. in this document, may be obtained by expected to, and is not reasonably likely
Location: 222 International Drive, visiting the Internet at: to, adversely affect the species or stock
Suite 175, Pease Tradeport, Portsmouth, www.nmfs.noaa.gov/pr/permits/ through effects on annual rates of
New Hampshire 03801. incidental/construction.htm. A recruitment or survival.’’ Except with
memorandum describing our adoption respect to certain activities not pertinent
Written public comments must be
of the Navy’s Environmental here, section 3(18) of the MMPA defines
received on or before September 30,
Assessment (2016) and our associated ‘‘harassment’’ as: ‘‘. . . any act of
2016.
Finding of No Significant Impact, pursuit, torment, or annoyance which (i)
Federal Domestic Assistance Catalog 11.419. prepared pursuant to the National has the potential to injure a marine
Coastal Zone Management Program Environmental Policy Act, are also mammal or marine mammal stock in the
Administration available at the same site. In case of wild [Level A harassment]; or (ii) has
Dated July 27, 2016.
problems accessing these documents, the potential to disturb a marine
please call the contact listed above (see mammal or marine mammal stock in the
John King, FOR FURTHER INFORMATION CONTACT). wild by causing disruption of behavioral
Deputy Director, Office for Coastal patterns, including, but not limited to,
Management, National Ocean Service, Background
migration, breathing, nursing, breeding,
National Oceanic and Atmospheric Sections 101(a)(5)(A) and (D) of the feeding, or sheltering [Level B
Administration. MMPA (16 U.S.C. 1361 et seq.) direct harassment].’’
[FR Doc. 2016–18840 Filed 8–8–16; 8:45 am] the Secretary of Commerce to allow,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

BILLING CODE 3510–08–P upon request by U.S. citizens who Summary of Request
engage in a specified activity (other than On July 21, 2015, we received a
commercial fishing) within a specified request from the Navy for authorization
area, the incidental, but not intentional, of the taking, by Level B harassment
taking of small numbers of marine only, of marine mammals, incidental to
mammals, providing that certain pile driving in association with the
findings are made and the necessary Bravo Wharf recapitalization project at
prescriptions are established. Naval Station Mayport (NSM), Florida.

VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1

52638 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

That request was modified on November in-water activities are limited to a consisting of clean gravel and flowable
4 and November 10, and a final version, maximum of 130 days, separated into concrete fill will be placed behind the
which we deemed adequate and two phases. If in-water work will extend wall. A concrete cap will be formed
complete, was submitted on November beyond the effective dates of the IHA, a along the top and outside face of the
17. In-water work associated with the second IHA application will be wall to tie the entire structure together
project is expected to be completed submitted by the Navy. There will be a and provide a berthing surface for
within the one-year timeframe of the maximum of 110 days for vibratory pile vessels. The new bulkhead will be
IHA (December 1, 2016 through driving (73 days in phase I and 37 days designed for a fifty-year service life.
November 30, 2017). in phase II), and a contingent 20 days of All piles will be driven by vibratory
The use of both vibratory and impact impact pile driving. The specified hammer, although impact pile driving
pile driving is expected to produce activities are expected to occur between may be used as a contingency in cases
underwater sound at levels that have the December 1, 2016 and November 30, when vibratory driving is not sufficient
potential to result in behavioral 2017. to reach the necessary depth. In the
harassment of marine mammals. One unlikely event that impact driving is
Specific Geographic Region required, either impact or vibratory
species of marine mammal has the
potential to be affected by the specified NSM is located in northeastern driving could occur on a given day, but
activities: Bottlenose dolphin (Tursiops Florida, at the mouth of the St. Johns concurrent use of vibratory and impact
truncatus truncatus). This species may River and adjacent to the Atlantic Ocean drivers will not occur. The Navy
occur year-round in the action area. (see Figures 2–1 and 2–2 of the Navy’s estimates that a total of 130 in-water
Similar wharf construction and pile application). The St. Johns River is the work days may be required to complete
driving activities in Naval Station longest river in Florida, with the final pile driving activity, which includes 20
Mayport have been authorized by NMFS 35 mi flowing through the city of days for contingency impact driving, if
in the past for a different construction Jacksonville. This portion of the river is necessary.
project at Wharf C. The first significant for commercial shipping and
military use. At the mouth of the river, Comments and Responses
authorization was effective between
September 1, 2014 through August 31, near the action area, the Atlantic Ocean We published a notice of receipt of
2015 (79 FR 27863; May 5, 2014), and is the dominant influence and typical the Navy’s application and proposed
the second authorization, which is salinities are above 30 ppm. Outside the IHA in the Federal Register on
currently ongoing, is effective from river mouth, in nearshore waters, December 7, 2015 (80 FR 75978). We
September 8, 2015 through September 7, moderate oceanic currents tend to flow received one comment, a letter from the
2016 (80 FR 55598; September 16, southward parallel to the coast. Sea Marine Mammal Commission
2015). surface temperatures range from around concurring with NMFS’s preliminary
16 °C in winter to 28 °C in summer. findings.
Description of the Specified Activity The specific action area consists of Comment: The Commission
the NSM turning basin, an area of recommends the issuance of the IHA,
Overview
approximately 2,000 by 3,000 ft subject to the inclusion of the proposed
Bravo Wharf is a medium draft, containing ship berthing facilities at 16 mitigation, monitoring, and reporting
general purpose berthing wharf that was locations along wharves around the measures.
constructed in 1970 and lies at the basin perimeter. The basin was Response: We value the Commission’s
western edge of the NSM turning basin. constructed during the early 1940s by input and support and appreciate their
Bravo Wharf is approximately 2,000 ft dredging the eastern part of Ribault Bay concurrence with our findings. We look
long, 125 ft wide, and has a berthing (at the mouth of the St. Johns River), forward to working with them on
depth of 50 ft mean lower low water. with dredge material from the basin similar issues in the future.
The wharf is one of two primary deep used to fill parts of the bay and other
draft berths at the basin and is capable Description of Marine Mammals in the
low-lying areas in order to elevate the
of berthing ships up to and including Area of the Specified Activity
land surface. The basin is currently
large amphibious ships; it is one of three maintained through regular dredging at There are four marine mammal
primary ordnance handling berths at the a depth of 50 ft, with depths at the species which may inhabit or transit
basin. The wharf is a diaphragm steel berths ranging from 30–50 ft. The through the waters nearby NSM at the
sheet pile cell structure with a concrete turning basin, connected to the St. Johns mouth of the St. Johns River and in
apron, partial concrete encasement of River by a 500-ft-wide entrance channel, nearby nearshore Atlantic waters. These
the piling and asphalt paved deck. The will largely contain sound produced by include the bottlenose dolphin, Atlantic
wharf is currently in poor condition due project activities, with the exception of spotted dolphin (Stenella frontalis),
to advanced deterioration of the steel sound propagating east into nearshore North Atlantic right whale (Eubalaena
sheeting and lack of corrosion Atlantic waters through the entrance glacialis), and humpback whale
protection. This structural deterioration channel (see Figure 2–2 of the Navy’s (Megaptera novaeangliae). Multiple
has resulted in the institution of load application). Bravo Wharf is located in additional cetacean species occur in
restrictions within 60 ft of the wharf the western corner of the Mayport South Atlantic waters but would not be
face. The purpose of this project is to turning basin. expected to occur in shallow nearshore
complete necessary repairs to Bravo waters of the action area. Table 1 lists
Detailed Description of Activities the marine mammal species with
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Wharf. Please refer to the Navy’s
application for a schematic of the In order to rehabilitate Bravo Wharf, expected potential for occurrence in the
project plan. the Navy proposes to install a new steel vicinity of NSM during the project
sheet pile bulkhead at Bravo Wharf. The timeframe and summarizes key
Dates and Duration project consists of installing a total of information regarding stock status and
The total project is expected to approximately 880 single sheet piles abundance. Taxonomically, we follow
require a maximum of 130 days of in- (Phase I—berths B–2 and B–3: 590; Committee on Taxonomy (2014). Please
water pile driving. The project may Phase II—berth B–1: 290). The wall will see NMFS’ Stock Assessment Reports
require up to 24 months for completion; be anchored at the top and fill (SAR), available at www.nmfs.noaa.gov/

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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52639

pr/sars, for more detailed accounts of operating areas of the Southeast (DoN, our Federal Register notice of proposed
these stocks’ status and abundance. 2008). The document is publicly authorization (December 7, 2015; 80 FR
Please also refer to NMFS’ Web site available at www.navfac.navy.mil/ 75978). For reasons discussed in detail
(www.nmfs.noaa.gov/pr/species/ products_and_services/ev/products_ in the notice of proposed authorization,
mammals) for generalized species and_services/marine_resources/marine_ right whales, humpback whales, and
accounts and to the Navy’s Marine resource_assessments.html (accessed spotted dolphins are unlikely to occur
Resource Assessment for the November 2, 2015). We provided in the project area and are not
Charleston/Jacksonville Operating Area, additional information for marine considered further.
which documents and describes the mammals with potential for occurrence
marine resources that occur in Navy in the area of the specified activity in

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae

North Atlantic right Western North Atlantic 5 E/D; Y 476 (0; 476; 2013) ........ 1 4.3 Rare inshore, regular
whale. near/offshore; Nov–
Apr.
Humpback whale ........... Gulf of Maine ................ E/D; Y 823 (0; 823; 2008) ........ 2.7 7.6 Rare; Fall–Spring.

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae

Atlantic spotted dolphin Western North Atlantic .. -; N 44,715 (0.43; 31,610; 316 0 Rare; year-round.
2011).
Common bottlenose dol- Western North Atlantic -; N 77,532 (0.4; 56,053; 561 43.9 Rare; year-round.
phin. Offshore. 2011).
Western North Atlantic -/D; Y 9,173 (0.46; 6,326; 63 0–12 Possibly common; 8
Coastal, Southern Mi- 2010–11). Jan–Mar.
gratory.
Western North Atlantic -/D; Y 1,219 (0.67; 730; 2010– 7 0.4 Possibly common; 8
Coastal, Northern 11). year-round.
Florida.
Jacksonville Estuarine -; Y 412 7 (0.06; unk; 1994– undet 1.2 Possibly common; 8
System.6 97). year-round.
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 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 re-
moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size.
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. All values presented here are from the draft 2015 SARs (www.nmfs.noaa.gov/pr/sars/draft.htm).
5 Abundance estimates (and resulting PBR values) for these stocks are new values presented in the draft 2015 SARs. This information was
made available for public comment and is currently under review and therefore may be revised prior to finalizing the 2015 SARs. However, we
consider this information to be the best available for use in this document.
6 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.
7 This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals.
8 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 and of the potential effects of these practicable impact on such species or
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Activity on Marine Mammals and Their construction activities on marine stock and its habitat, paying particular
Habitat mammals and their habitat. attention to rookeries, mating grounds,
Mitigation and areas of similar significance, and on
Our Federal Register notice of the availability of such species or stock
proposed authorization (December 7, In order to issue an IHA under section for taking for certain subsistence uses.
2015; 80 FR 75978) provides a general 101(a)(5)(D) of the MMPA, NMFS must
background on sound relevant to the set forth the permissible methods of Measurements from similar pile
specified activity as well as a detailed taking pursuant to such activity, and driving events were coupled with
description of marine mammal hearing other means of effecting the least practical spreading loss to estimate

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52640 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

zones of influence (ZOI; see Estimated monitoring) by establishing monitoring equipment is no more than 30 minutes.
Take by Incidental Harassment); these protocols for areas adjacent to the Please see the Monitoring Plan
values were used to develop mitigation shutdown zones. Monitoring of (www.nmfs.noaa.gov/pr/permits/
measures for pile driving activities at disturbance zones enables observers to incidental/construction.htm), developed
NSM. The ZOIs effectively represent the be aware of and communicate the by the Navy in agreement with NMFS,
mitigation zone that will be established presence of marine mammals in the for full details of the monitoring
around each pile to prevent Level A project area but outside the shutdown protocols.
harassment to marine mammals, while zone and thus prepare for potential The following additional measures
providing estimates of the areas within shutdowns of activity. However, the apply to visual monitoring:
which Level B harassment might occur. primary purpose of disturbance zone (1) Monitoring will be conducted by
In addition to the specific measures monitoring is for documenting incidents qualified observers, who will be placed
described later in this section, the Navy of Level B harassment; disturbance zone at the best vantage point(s) practicable
will conduct briefings between monitoring is discussed in greater detail to monitor for marine mammals and
construction supervisors and crews, later (see Proposed Monitoring and implement shutdown/delay procedures
marine mammal monitoring team, and Reporting). Nominal radial distances for when applicable by calling for the
Navy staff prior to the start of all pile disturbance zones are shown in Table 2. shutdown to the hammer operator.
driving activity, and when new Given the size of the disturbance zone Qualified observers are typically trained
personnel join the work, in order to for vibratory pile driving, it is biologists, with the following minimum
explain responsibilities, communication impossible to guarantee that all animals qualifications:
procedures, marine mammal monitoring would be observed or to make • Visual acuity in both eyes
protocol, and operational procedures. comprehensive observations of fine- (correction is permissible) sufficient for
scale behavioral reactions to sound, and discernment of moving targets at the
Monitoring and Shutdown for Pile water’s surface with ability to estimate
only a portion of the zone (e.g., what
Driving target size and distance; use of
may be reasonably observed by visual
The following measures will apply to observers stationed within the turning binoculars may be necessary to correctly
the Navy’s mitigation through shutdown basin) will be observed. identify the target;
and disturbance zones: In order to document observed • Experience and ability to conduct
Shutdown Zone—For all pile driving incidents of harassment, monitors field observations and collect data
activities, the Navy will establish a record all marine mammal observations, according to assigned protocols (this
shutdown zone intended to contain the regardless of location. The observer’s may include academic experience);
area in which sound pressure levels location, as well as the location of the • Experience or training in the field
(SPLs) equal or exceed the 180 dB rms pile being driven, is known from a GPS. identification of marine mammals,
acoustic injury criteria. The purpose of The location of the animal is estimated including the identification of
a shutdown zone is to define an area as a distance from the observer, which behaviors;
within which shutdown of activity will is then compared to the location from • Sufficient training, orientation, or
occur upon sighting of a marine the pile. It may then be estimated experience with the construction
mammal (or in anticipation of an animal whether the animal was exposed to operation to provide for personal safety
entering the defined area), thus sound levels constituting incidental during observations;
preventing injury of marine mammals harassment on the basis of predicted • Writing skills sufficient to prepare a
(as described in our notice of proposed distances to relevant thresholds in post- report of observations including but not
authorization, serious injury or death processing of observational and acoustic limited to the number and species of
are unlikely outcomes even in the data, and a precise accounting of marine mammals observed; dates and
absence of mitigation measures). observed incidences of harassment times when in-water construction
Modeled radial distances for shutdown created. This information may then be activities were conducted; dates and
zones are shown in Table 2. However, used to extrapolate observed takes to times when in-water construction
a minimum shutdown zone of 15 m reach an approximate understanding of activities were suspended to avoid
(which is larger than the maximum actual total takes. potential incidental injury from
predicted injury zone) will be Monitoring Protocols—Monitoring construction sound of marine mammals
established during all pile driving will be conducted before, during, and observed within a defined shutdown
activities, regardless of the estimated after pile driving activities. In addition, zone; and marine mammal behavior;
zone. Vibratory pile driving activities observers shall record all incidents of and
are not predicted to produce sound marine mammal occurrence, regardless • Ability to communicate orally, by
exceeding the 180-dB Level A of distance from activity, and shall radio or in person, with project
harassment threshold, but these document any behavioral reactions in personnel to provide real-time
precautionary measures are intended to concert with distance from piles being information on marine mammals
prevent the already unlikely possibility driven. Observations made outside the observed in the area as necessary.
of physical interaction with shutdown zone will not result in (2) Prior to the start of pile driving
construction equipment and to further shutdown; that pile segment will be activity, the shutdown zone will be
reduce any possibility of acoustic completed without cessation, unless the monitored for 15 minutes to ensure that
injury. For impact driving of steel piles, animal approaches or enters the it is clear of marine mammals. Pile
if necessary, the radial distance of the shutdown zone, at which point all pile driving will only commence once
asabaliauskas on DSK3SPTVN1PROD with NOTICES

shutdown will be established at 40 m. driving activities will be halted. observers have declared the shutdown
Disturbance Zone—Disturbance zones Monitoring will take place from 15 zone clear of marine mammals; animals
are the areas in which SPLs equal or minutes prior to initiation through 30 will be allowed to remain in the
exceed 160 and 120 dB rms (for impulse minutes post-completion of pile driving shutdown zone (i.e., must leave of their
and continuous sound, respectively). activities. Pile driving activities include own volition) and their behavior will be
Disturbance zones provide utility for the time to install or remove a single monitored and documented. The
monitoring conducted for mitigation pile or series of piles, as long as the time shutdown zone may only be declared
purposes (i.e., shutdown zone elapsed between uses of the pile driving clear, and pile driving started, when the

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52642 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

• If the shutdown zones are obscured of marine mammal monitoring, or 60 to estimate how many animals are likely
by fog or poor lighting conditions, pile days prior to the requested date of to be present within a particular
driving at that location will not be issuance of any future IHA for projects distance of a given activity, or exposed
initiated until that zone is visible. at the same location, whichever comes to a particular level of sound. In
Should such conditions arise while first. The report will include marine practice, depending on the amount of
impact driving is underway, the activity mammal observations pre-activity, information available to characterize
will be halted. during-activity, and post-activity during daily and seasonal movement and
• The shutdown and disturbance pile driving days, and will also provide distribution of affected marine
zones around the pile will be monitored descriptions of any behavioral responses mammals, it can be difficult to
for the presence of marine mammals to construction activities by marine distinguish between the number of
before, during, and after any pile driving mammals and a complete description of individuals harassed and the instances
or removal activity. all mitigation shutdowns and the results of harassment and, when duration of the
Individuals implementing the of those actions and an extrapolated activity is considered, it can result in a
monitoring protocol will assess its total take estimate based on the number take estimate that overestimates the
effectiveness using an adaptive of marine mammals observed during the number of individuals harassed. In
approach. The monitoring biologists course of construction. A final report particular, for stationary activities, it is
will use their best professional must be submitted within 30 days more likely that some smaller number of
judgment throughout implementation following resolution of comments on the individuals may accrue a number of
and seek improvements to these draft report. incidences of harassment per individual
methods when deemed appropriate. than for each incidence to accrue to a
Estimated Take by Incidental
Any modifications to protocol will be new individual, especially if those
Harassment
coordinated between NMFS and the individuals display some degree of
Navy. Except with respect to certain residency or site fidelity and the
activities not pertinent here, section impetus to use the site (e.g., because of
Data Collection 3(18) of the MMPA defines foraging opportunities) is stronger than
We require that observers use ‘‘harassment’’ as: ‘‘. . . any act of the deterrence presented by the
approved data forms. Among other pursuit, torment, or annoyance which (i) harassing activity.
pieces of information, the Navy will has the potential to injure a marine The turning basin is not considered
record detailed information about any mammal or marine mammal stock in the important habitat for marine mammals,
implementation of shutdowns, wild [Level A harassment]; or (ii) has as it is a man-made, semi-enclosed basin
including the distance of animals to the the potential to disturb a marine with frequent industrial activity and
pile and description of specific actions mammal or marine mammal stock in the regular maintenance dredging. The
that ensued and resulting behavior of wild by causing disruption of behavioral surrounding waters may be an
the animal, if any. In addition, the Navy patterns, including, but not limited to, important foraging habitat for the
will attempt to distinguish between the migration, breathing, nursing, breeding, dolphins; however the small area of
number of individual animals taken and feeding, or sheltering [Level B ensonification does not extend outside
the number of incidences of take. We harassment].’’ of the turning basin and into this
require that, at a minimum, the All anticipated takes would be by foraging habitat (see Figure 6–1 in the
following information be collected on Level B harassment resulting from Navy’s application). Therefore,
the sighting forms: vibratory and impact pile driving and behavioral disturbances that could
• Date and time that monitored involving temporary changes in result from anthropogenic sound
activity begins or ends; behavior. The planned mitigation and associated with these activities are
• Construction activities occurring monitoring measures are expected to expected to affect only a relatively small
during each observation period; minimize the possibility of injurious or number of individual marine mammals
• Weather parameters (e.g., percent lethal takes such that take by Level A that may venture near the turning basin,
cover, visibility); harassment, serious injury, or mortality although those effects could be
• Water conditions (e.g., sea state, is considered discountable. However, it recurring over the life of the project if
tide state); is unlikely that injurious or lethal takes the same individuals remain in the
• Species, numbers, and, if possible, would occur even in the absence of the project vicinity. The Navy has requested
sex and age class of marine mammals; planned mitigation and monitoring authorization for the incidental taking of
• Description of any observable measures. small numbers of bottlenose dolphins in
marine mammal behavior patterns, If a marine mammal responds to a the Mayport turning basin that may
including bearing and direction of stimulus by changing its behavior (e.g., result from pile driving during
travel, and if possible, the correlation to through relatively minor changes in construction activities associated with
SPLs; locomotion direction/speed or the project described previously in this
• Distance from pile driving activities vocalization behavior), the response document.
to marine mammals and distance from may or may not constitute taking at the In order to estimate the potential
the marine mammals to the observation individual level, and is unlikely to incidents of take that may occur
point; affect the stock or the species as a incidental to the specified activity, we
• Description of implementation of whole. However, if a sound source must first estimate the extent of the
displaces marine mammals from an sound field that may be produced by the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

mitigation measures (e.g., shutdown or
delay); important feeding or breeding area for a activity and then consider in
• Locations of all marine mammal prolonged period, impacts on animals or combination with information about
observations; and on the stock or species could potentially marine mammal density or abundance
• Other human activity in the area. be significant (e.g., Lusseau and Bejder, in the project area. We described
2007; Weilgart, 2007). Given the many applicable sound thresholds for
Reporting uncertainties in predicting the quantity determining effects to marine mammals
A draft report will be submitted to and types of impacts of sound on before describing the information used
NMFS within 90 days of the completion marine mammals, it is common practice in estimating the sound fields, the

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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52643

available marine mammal density or of proposed authorization (August 5, sound thresholds are provided in Table
abundance information, and the method 2015; 80 FR 46545). All calculated 2.
of estimating potential incidents of take distances to and the total area
in detail in our Federal Register notice encompassed by the marine mammal

TABLE 2—DISTANCES TO RELEVANT UNDERWATER SOUND THRESHOLDS AND AREAS OF ENSONIFICATION
Pile type Method Threshold Distance (m) 1 Area (km2)

Steel sheet piles ............................. Vibratory ......................................... Level A harassment (180 dB) ........ 0 0
Level B harassment (120 dB) 1,166 0.614439
Impact ............................................ Level A harassment (180 dB) ........ 40 0.002
Level B harassment (160 dB) 858 0.51
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 and 6–2 in the Navy’s application.

The Mayport turning basin does not • An individual can only be taken There are a number of reasons why
represent open water, or free field, once during a 24-h period; and, estimates of potential incidents of take
conditions. Therefore, sounds would • There will be 110 total days of may be conservative, assuming that
attenuate as per the confines of the vibratory driving (73 days in phase I and available density or abundance
basin, and may only reach the full 37 days in phase II) and 20 days of estimates and estimated ZOI areas are
estimated distances to the harassment impact pile driving. accurate. We assume, in the absence of
thresholds via the narrow, east-facing • Exposures to sound levels at or information supporting a more refined
entrance channel. Distances shown in above the relevant thresholds equate to conclusion, that the output of the
Table 2 are estimated for free-field take, as defined by the MMPA. calculation represents the number of
conditions, but areas are calculated per The estimation of marine mammal
individuals that may be taken by the
the actual conditions of the action area. takes typically uses the following
specified activity. In fact, in the context
See Figures 6–1 and 6–2 of the Navy’s calculation:
of stationary activities such as pile
application for a depiction of areas in Exposure estimate = (n * ZOI) * days of driving and in areas where resident
which each underwater sound threshold total activity
animals may be present, this number
is predicted to occur at the project area Where: more realistically represents the number
due to pile driving. n = density estimate used for each species/ of incidents of take that may accrue to
season
Marine Mammal Densities ZOI = sound threshold ZOI area; the area a smaller number of individuals. While
encompassed by all locations where the pile driving can occur any day
For all species, the best scientific SPLs equal or exceed the threshold being throughout the in-water work window,
information available was considered evaluated and the analysis is conducted on a per
for use in the marine mammal take n * ZOI produces an estimate of the day basis, only a fraction of that time
assessment calculations. Density for abundance of animals that could be (typically a matter of hours on any given
bottlenose dolphins is derived from site- present in the area for exposure, and is
rounded to the nearest whole number
day) is actually spent pile driving. The
specific surveys conducted by the Navy potential effectiveness of mitigation
before multiplying by days of total
(see Appendix C of the Navy’s activity. measures in reducing the number of
application for more information); it is takes is typically not quantified in the
not currently possible to identify The ZOI impact area is estimated
using the relevant distances in Table 2, take estimation process. For these
observed individuals to stock. reasons, these take estimates may be
taking into consideration the possible
The following assumptions are made affected area with attenuation due to the conservative.
when estimating potential incidents of constraints of the basin. Because the The quantitative exercise described
take: basin restricts sound from propagating above indicates that no incidents of
• All marine mammal individuals outward, with the exception of the east- Level A harassment would be expected,
potentially available are assumed to be facing entrance channel, the radial independent of the implementation of
present within the relevant area, and distances to thresholds are not generally required mitigation measures. See Table
thus incidentally taken; reached. 3 for total estimated incidents of take.

TABLE 3—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION
Proposed
n
Species Activity n * ZOI 1 authorized
(animals/km2) takes 2

Phase I (73 days)
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Bottlenose dolphin 3 ........................................ 4.15366 Vibratory driving ............................................. 3 219

Phase II (37 days)

Bottlenose dolphin 3 ........................................ 4.15366 Vibratory driving ............................................. 3 111

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52644 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

TABLE 3—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION—Continued
Proposed
n n * ZOI 1
Species Activity authorized
(animals/km2) takes 2

Contingency impact driving (20 days)

Bottlenose dolphin 3 ........................................ 4.15366 Impact driving ................................................. 2 40

Total exposures ....................................... ........................ ......................................................................... ........................ 370
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 not expected to be required), and this and no known long-term adverse
activity does not have the potential to consequences from behavioral
Negligible Impact Analysis
cause injury to marine mammals due to harassment. Repeated exposures of
NMFS has defined ‘‘negligible the relatively low source levels individuals to levels of sound that may
impact’’ in 50 CFR 216.103 as ‘‘. . . an produced (less than 180 dB) and the cause Level B harassment are unlikely
impact resulting from the specified lack of potentially injurious source to result in hearing impairment or to
activity that cannot be reasonably characteristics. Impact pile driving significantly disrupt foraging behavior.
expected to, and is not reasonably likely produces short, sharp pulses with Thus, even repeated Level B harassment
to, adversely affect the species or stock higher peak levels and much sharper of some small subset of the overall stock
through effects on annual rates of rise time to reach those peaks. If impact is unlikely to result in any significant
recruitment or survival.’’ A negligible driving is necessary, implementation of realized decrease in viability for the
impact finding is based on the lack of soft start and shutdown zones affected individuals, and thus would
likely adverse effects on annual rates of significantly reduces any possibility of not result in any adverse impact to the
recruitment or survival (i.e., population- injury. Given sufficient ‘‘notice’’ stock as a whole. Level B harassment
level effects). An estimate of the number through use of soft start (for impact will be reduced to the level of least
of Level B harassment takes alone is not driving), marine mammals are expected practicable impact through use of
enough information on which to base an to move away from a sound source that mitigation measures described herein
impact determination. In addition to is annoying prior to it becoming and, if sound produced by project
considering estimates of the number of potentially injurious. Environmental activities is sufficiently disturbing,
marine mammals that might be ‘‘taken’’ conditions in the confined and animals are likely to simply avoid the
through behavioral harassment, we protected Mayport turning basin mean turning basin while the activity is
consider other factors, such as the likely that marine mammal detection ability occurring.
nature of any responses (e.g., intensity, by trained observers is high, enabling a In summary, this negligible impact
duration), the context of any responses high rate of success in implementation analysis is founded on the following
(e.g., critical reproductive time or of shutdowns to avoid injury. factors: (1) The possibility of injury,
location, migration), as well as the Effects on individuals that are taken serious injury, or mortality may
number and nature of estimated Level A by Level B harassment, on the basis of reasonably be considered discountable;
harassment takes, the number of reports in the literature as well as (2) the anticipated incidents of Level B
estimated mortalities, and effects on monitoring from other similar activities, harassment consist of, at worst,
habitat. will likely be limited to reactions such temporary modifications in behavior; (3)
Pile driving activities associated with as increased swimming speeds, the absence of any significant habitat
the wharf construction project, as increased surfacing time, or decreased within the project area, including
outlined previously, have the potential foraging (if such activity were occurring) known areas or features of special
to disturb or displace marine mammals. (e.g., Thorson and Reyff, 2006; HDR, significance for foraging or
Specifically, the specified activities may Inc., 2012). Most likely, individuals will reproduction; (4) the presumed efficacy
result in take, in the form of Level B simply move away from the sound of the planned mitigation measures in
harassment (behavioral disturbance) source and be temporarily displaced reducing the effects of the specified
only, from underwater sounds generated from the areas of pile driving, although activity to the level of least practicable
from pile driving. Potential takes could even this reaction has been observed impact. In addition, these stocks are not
occur if individuals of these species are primarily only in association with listed under the ESA, although coastal
present in the ensonified zone when impact pile driving. The pile driving bottlenose dolphins are designated as
pile driving is happening. activities analyzed here are similar to, or depleted under the MMPA. In
No injury, serious injury, or mortality less impactful than, numerous other combination, we believe that these
is anticipated given the nature of the construction activities conducted in San factors, as well as the available body of
activities and measures designed to Francisco Bay and in the Puget Sound evidence from other similar activities,
minimize the possibility of injury to region, which have taken place with no demonstrate that the potential effects of
asabaliauskas on DSK3SPTVN1PROD with NOTICES

marine mammals. The potential for reported injuries or mortality to marine the specified activity will have only
these outcomes is minimized through mammals, and no known long-term short-term effects on individuals. The
the construction method and the adverse consequences from behavioral specified activity is not expected to
implementation of the planned harassment. These activities are also impact rates of recruitment or survival
mitigation measures. Specifically, nearly identical to the pile driving and will therefore not result in
vibratory hammers will be the primary activities that took place at Wharf C–2 population-level impacts.
method of installation (impact driving is at NSM, which also reported zero Based on the analysis contained
included only as a contingency and is injuries or mortality to marine mammals herein of the likely effects of the

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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52645

specified activity on marine mammals present in coastal Atlantic waters from (40 CFR parts 1500–1508), the Navy
and their habitat, and taking into the Georgia/Florida border south to prepared an Environmental Assessment
consideration the implementation of the 29.4° N. (Waring et al., 2014), a span of (EA) to consider the direct, indirect and
planned monitoring and mitigation more than 90 miles. There is no obvious cumulative effects to the human
measures, we find that the total marine boundary defining the offshore extent of environment resulting from the bravo
mammal take from the Navy’s wharf this stock. They occur in waters less wharf recapitalization project. NMFS
construction activities will have a than 20 m deep; however, they may also made the Navy’s EA available to the
negligible impact on the affected marine occur in lower densities over the public for review and comment, in
mammal species or stocks. continental shelf (waters between 20 m relation to its suitability for adoption by
and 100 m depth) and overlap spatially NMFS in order to assess the impacts to
Small Numbers Analysis
with the offshore morphotype (Waring the human environment of issuance of
As described previously, of the 370 et al., 2014). an IHA to the Navy. Also in compliance
incidents of behavioral harassment In summary, JES dolphins are known with NEPA and the CEQ regulations, as
predicted to occur for bottlenose to form two groups and exhibit strong well as NOAA Administrative Order
dolphin, we have no information site fidelity (i.e., individuals do not 216–6, NMFS has reviewed the Navy’s
allowing us to parse those predicted generally range throughout the EA, determined it to be sufficient, and
incidents amongst the three stocks of recognized overall JES stock range); and adopted that EA and signed a Finding
bottlenose dolphin that may occur in neither stock is expected to occur at all of No Significant Impact (FONSI) in
the project area. Therefore, we assessed in a significant portion of the larger ZOI, July, 2016. The 2016 NEPA documents
the total number of predicted incidents which is almost entirely confined are available at www.nmfs.noaa.gov/pr/
of take against the best abundance within NSM. Given that the specified permits/incidental/construction.htm.
estimate for each stock, as though the activity will be stationary within an
total would occur for the stock in Authorization
enclosed basin not recognized as an area
question. For one of the bottlenose of any special significance that would As a result of these determinations,
dolphin stocks, the total predicted serve to attract or aggregate dolphins, we have issued an IHA to the Navy for
number of incidents of take authorized we therefore believe that the estimated conducting the described construction
would be considered small— numbers of takes, were they to occur, activities at the Bravo Wharf at NSM,
approximately four percent for the likely represent repeated exposures of a Jacksonville, FL for one year of
southern migratory stock—even if each much smaller number of bottlenose issuance, provided the previously
estimated taking occurred to a new dolphins and that these estimated mentioned mitigation, monitoring, and
individual. This is an extremely incidents of take represent small reporting requirements are incorporated.
unlikely scenario as, for bottlenose numbers of bottlenose dolphins. Dated: August 4, 2016.
dolphins in estuarine and nearshore Based on the analysis contained Donna S. Wieting,
waters, there is likely to be some herein of the likely effects of the Director, Office of Protected Resources,
overlap in individuals present day-to- specified activity on marine mammals National Marine Fisheries Service.
day. and their habitat, and taking into [FR Doc. 2016–18846 Filed 8–8–16; 8:45 am]
The total number of authorized takes consideration the implementation of the
for bottlenose dolphins, if assumed to BILLING CODE 3510–22–P
mitigation and monitoring measures, we
accrue solely to new individuals of the find that small numbers of marine
Jacksonville Estuarine Stock (JES) or mammals will be taken relative to the
northern Florida coastal stocks, is DEPARTMENT OF COMMERCE
populations of the affected species or
higher relative to the total stock stocks. National Oceanic and Atmospheric
abundance, which is currently Administration
considered unknown for the JES stock Impact on Availability of Affected
and is 1,219 for the northern Florida Species for Taking for Subsistence Uses RIN 0648–XE744
coastal stock. However, these numbers There are no relevant subsistence uses
represent the estimated incidents of Takes of Marine Mammals Incidental to
of marine mammals implicated by this Specified Activities; Taking Marine
take, not the number of individuals action. Therefore, we have determined
taken. That is, it is highly likely that a Mammals Incidental to a Pier
that the total taking of affected species Replacement Project
relatively small subset of these or stocks would not have an unmitigable
bottlenose dolphins will be harassed by adverse impact on the availability of AGENCY: National Marine Fisheries
project activities. such species or stocks for taking for Service (NMFS), National Oceanic and
JES bottlenose dolphins range from subsistence purposes. Atmospheric Administration (NOAA),
Cumberland Sound at the Georgia- Commerce.
Florida border south to approximately Endangered Species Act (ESA)
ACTION: Notice; proposed incidental
Palm Coast, Florida, an area spanning No marine mammal species listed harassment authorization; request for
over 120 linear km of coastline and under the ESA are expected to be comments.
including habitat consisting of complex affected by these activities. Therefore,
inshore and estuarine waterways. JES we have determined that section 7 SUMMARY: NMFS has received a request
dolphins, divided by Caldwell (2001) consultation under the ESA is not from the U.S. Navy (Navy) for
into Northern and Southern groups, authorization to take marine mammals
asabaliauskas on DSK3SPTVN1PROD with NOTICES

required.
show strong site fidelity and, although incidental to construction activities as
members of both groups have been National Environmental Policy Act part of a pier replacement project.
observed outside their preferred areas, it (NEPA) Pursuant to the Marine Mammal
is likely that the majority of JES In compliance with the National Protection Act (MMPA), NMFS is
dolphins would not occur within waters Environmental Policy Act of 1969 (42 requesting comments on its proposal to
ensonified by project activities. U.S.C. 4321 et seq.), as implemented by issue an incidental harassment
In the western North Atlantic, the the regulations published by the authorization (IHA) to the Navy to
Northern Florida Coastal Stock is Council on Environmental Quality incidentally take marine mammals, by

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Document Created: 2016-08-09 01:10:20
Document Modified: 2016-08-09 01:10:20

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 December 1, 2016, through November 30, 2017.
Contact		Laura McCue, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 52637
RIN Number		0648-XE27

81 FR 52637 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 153 (August 9, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration